HomeMy WebLinkAboutTB-12/14/2004SOUTHOLD TOWN BOARD
REGULAR MEETING
December 14, 2004
4:30 P.M.
A Regular Meeting of the Southold Town Board was held Tuesday, December 14, 2004 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 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: Welcome to the December 14th, 4:30 P.M. meeting of the Southold Town
Board. Please rise and join with me in the Pledge of Allegiance.
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 $353,294.25; General Fund Part Town bills in the amount of $27,375.12;
Community Development Fund bills in the amount of $40,482.09; Risk Retention Fund bills in the
amount of $197.25; Highway Fund Part Town bills in the amount of $75,141.47; Capital Projects
Account bills in the amount of $8,373.99; Community Preservation Fund (2% Tax) bills in the amount
of $2,301,443.38; New London Terminal Project bills in the amount of $421,017.80; Compost Land
Acquisition bills in the amount of $109,434.00; Employee Health Benefit Plan bills in the amount of
$9,169.60; Fishers Island Ferry District bills in the amount of $25,379.42; Refuse & Garbage District
December 14, 2004 2
Regular Town Board Meeting
bills in the amount of $121,124.27; Southold Wastewater District bills in the amount of $8,326.18;
Fishers Island Sewer District bills in the amount of $2,577.56; Southold Agency & Trust bills in the
amount of $4,189.79 and Fishers Island Ferry District Agency & Trust bills in the amount of
$1,194.19.
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 November 16, 2004 Regular Meeting of the Southold Town
Board be and hereby are ordered 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 Minutes of the November 30, 2004 Regular Meeting of the Southold Town
Board be and hereby are ordered 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 Regular Meeting of the Southold Town Board be held Tuesday, December
28, 2004 at 7:30 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. Town of Southold Budget Report For month ended October 31, 2004
2. Southold Town Justice Court, Bruer November 2004
3. Recreation Department November 2004
4. Juvenile Aid Bureau November 2004
5. Southold Town's Program for the Disabled November 2004 events
6. Board of Town Trustees November 2004
7. Southold Town Justice Court, Evans November 2004
8. Southold Town Justice Court, Price November 2004
II. PUBLIC NOTICES
1. NYS Department of Environmental Conservation Notice of Complete Application of William
M. Wilzke to construct a building and install concrete pipe within 100' of freshwater wetlands
at 61205 Route 25, Southold. Written comments by December 17, 2004.
2. Department of the Army, New York District, Corps of Engineers, Notice of application of
Patrick Scollard to construct 92' of vinyl bulkhead below the mean high water mark in Great
Peconic Bay, Mattituck, Town of Southold. Comments by December 15, 2004.
December 14, 2004 3
Regular Town Board Meeting
3. Department of the Army, New York District, Corps of Engineers, Notice of application of
Long Island Sound Oyster, LLC to expand an existing pier assembly in Mattituck Creek,
Mattituck, Town of Southold. Comments by December 15, 2004.
4. Department of the Army, New York District, Corps of Engineers, Notice of application of
Robert Keith to construct 208' of vinyl bulkhead below the mean high water mark in Great
Peconic Bay, Mattituck, Town of Southold. Comments by December 15, 2004.
5. NYS Department of Environmental Conservation Notice of Atlantic States Marine Fisheries
Commission Hearing to take comment on proposed commercial and recreational management
measures for winter flounder. Public comment accepted until mid-December, 2004.
6. Department of the Army, New York District, Corps of Engineers, Notice of application of
Daniel Fox to maintenance dredge in Fordham Canal, Greenport Harbor, Town of Southold.
Comments by December 15, 2004.
7. NYS Department of Environmental Conservation Notice of Complete Application of Douglas
Dey to divide two adjacent parcels to be single and separate lots at 1000 Paradise Point Road,
Bayview, Town of Southold. Written comments by December 31, 2004.
8. Department of the Army, New York District, Corps of Engineers, Notice of application of John
Keitt to construct a platform and set of beach stairs at Southold Bay, Shelter Island Sound,
Town of Southold. Comments by December 28, 2004.
9. Department of the Army, New York District, Corps of Engineers, Notice of application of
Anna and Rico Verticchio to dredge, install a docking facility and repair a section of timber
bulkhead in Sterling Basin, Shelter Island Sound, Village of Greenport, Town of Southold.
Comments by December 28, 2004.
10. Department of the Army, New York District, Corps of Engineers, Notice of application of
Sandra Schpoont to construct a pier assembly and replace an existing set of beach stairs at
Hashamomuck Pond, Shelter Island Sound, Town of Southold. Comments by December 28,
2004.
11. Department of the Army, New York District, Corps of Engineers, Notice of application of
Barbara Hoch to install a floating dock in West Harbor, Fishers Island Sound, Fishers Island,
Town of Southold. Comments by December 28, 2004.
12. Department of the Army, New York District, Corps of Engineers, Notice of application of
Bradley and Mary Stuart Krause to install a pier assembly off an existing bulkhead in Little
Creek, Hog Neck Bay, Little Peconic Bay, Cutchogue, Town of Southold. Comments by
December 28, 2004.
III. COMMUNICATIONS
None
SUPERVISOR HORTON: Would anybody care to address the Board on any of the resolutions that are
on our agenda? Yes, Mrs. Egan.
JOAN EGAN: Joan Egan, East Marion. (inaudible) Well, for starters you have all gone over the
reports from the Justice Department? (inaudible)
SUPERVISOR HORTON: I have not reviewed the report this month, no.
December 14, 2004 4
Regular Town Board Meeting
MS. EGAN: No? Well, somebody should (inaudible) all of these reports, all of them, very important.
Okay, #869.
SUPERVISOR HORTON: Yes. That is correct, the Roache House, 15505 Main Road, Mattituck is a
privately owned home. The sponsor for this resolution or the sponsor for this request is the
homeowner herself, Susan Roache.
MS. EGAN: Is that forever and a day, then?
SUPERVISOR HORTON: Yes.
MS. EGAN: Now, item #860, I don't dispute it but have you settled for the increase or the
negotiations for our union, the one who handles the dispatchers?
SUPERVISOR HORTON: We are currently in negotiations.
MS. EGAN: You have been in negotiation for a long, long time.
SUPERVISOR HORTON: For too long, you are right.
MS. EGAN: When will that be resolved?
SUPERVISOR HORTON: As soon as possible.
MS. EGAN: Will that be retroactive?
SUPERVISOR HORTON: That will all be subject to negotiations but I believe so.
MS. EGAN: Well, see that it is and they should get interest on that money.
SUPERVISOR HORTON: Yes. Okay.
MS. EGAN: Now, again, #862, to cover over-expended line items.
SUPERVISOR HORTON: On a particular line item, yes, within their overall budget, no.
MS. EGAN: Okay. And that would be the same for #863?
SUPERVISOR HORTON: That is correct.
MS. EGAN: Now, #865 and #866. Again, you are having changes up at the Human Resource Center
and you know how I feel about that.
SUPERVISOR HORTON: Yes.
MS. EGAN: It is wrong. Now, item #868, where is that trucking company from?
December 14, 2004 5
Regular Town Board Meeting
SUPERVISOR HORTON: The Nassau-Suffolk, I am sorry, it is the Solid Waste District, the bid of
Nassau-Suffolk Truck. They are a Long Island based company.
MS. EGAN: We don't have a trucking company out here in Southold who can handle that?
SUPERVISOR HORTON: We went out to bid and this was the lowest bid.
MS. EGAN: Oh. #877, you are hiring another consultant? We seem to spend a humongous amount of
money on consultants.
SUPERVISOR HORTON: Actually the amount of money that we spend in '04 that was spent on
consultants has been dramatically decreased in relation to '03 and '02 but there is still a strong
argument to be made in your point.
MS. EGAN: Pardon?
SUPERVISOR HORTON: There is still a strong argument to be made in your point.
MS. EGAN: There is another change, #882 with the Human Resource Center. Something has to be
mismanaged there that they have so many changes.
(tape malfunction)
SUPERVISOR HORTON: .... of the Nutrition Center. As you are aware, we cook several hundreds
meals a day, and the cook that we have there on a full-time basis, who has been with us for quite some
time, has a medical situation that will prohibit her, possibly prohibit her from working on a full-time
basis. So we just want to make sure that we are in a position to not disrupt the cooking services we
provide so many people.
MS. EGAN: Well, then maybe the hiring of the person of the cook, should have been, maybe it should
have been checked out a lot better than ....
SUPERVISOR HORTON: People get sick and hurt themselves and there is nothing you can do in the
interview process to prohibit that. She has been there for a long time.
MS. EGAN: Now, we have #884, we have a part-time student. From where?
SUPERVISOR HORTON: Christa is from Southold.
MS. EGAN: Well, I would like to hear once in a while that they came from Greenport, East Marion ....
SUPERVISOR HORTON: We actually have a great mix of students who work with the Town, you
know, over the course of the year from, throughout Town.
December 14, 2004 6
Regular Town Board Meeting
MS. EGAN: You know, talking about students, Mr. Horton. I thought it was wonderful, your first
term run up here, you weren't here then, Mrs. Finnegan. You had Town Hall meetings at the schools
and got the students involved.
SUPERVISOR HORTON: I still do.
MS. EGAN: You had students here.
SUPERVISOR HORTON: I was just with Mattituck High School yesterday.
MS. EGAN: No, no.
SUPERVISOR HORTON: And ....
MS. EGAN: Excuse me ....
SUPERVISOR HORTON: And ten days ago, I was with the eighth grade class of Mattituck.
MS. EGAN: Excuse me, I had not finished. We had the Town Hall meetings at the schools ....
SUPERVISOR HORTON: And in '05 we are going to do that again.
MS. EGAN: I would like to hear something positive because I think it is very important that these
young people get involved as soon as they can. Because very often, you know what happens, Mr.
Horton? You would see a great many more people here or at that meeting because their parents like to
see their kids on TV. You are not getting that many people here anymore, darling.
SUPERVISOR HORTON: Okay.
MS. EGAN: And now we have a temporary full-time employee in the office of the Town Clerk. Why
is that? Because you will have more people coming up for new things for ....
SUPERVISOR HORTON: No, because again, again it is due to sicknesses within the office.
MS. EGAN: Now what is #888 all about?
SUPERVISOR HORTON: That is setting a public hearing for a law that essentially provides a
framework within which the Town permits road openings. So if you are having a waterline dug on a
Town road, there is a permitting process to facilitate that.
MS. EGAN: Good. Well, that is it for a while.
SUPERVISOR HORTON: Thank you, Mrs. Egan.
MS. EGAN: You are more than welcome.
December 14, 2004 7
Regular Town Board Meeting
SUPERVISOR HORTON: Would anybody else care to address the Board on the resolutions that we
have on the agenda. (No response) We will move forward with the resolutions and at 5:00 or at the
conclusion of the resolutions, commence with our public hearings.
#859
Moved by Councilman Romanelli, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby designates the Stewart - Roache
House~ located at 15505 Main Road~ Mattituclq New York as a Southold Town Landmark at the
recommendation of the Southold Town Landmark Preservation Commission.
SUPERVISOR HORTON: It is at the recommendation of the commission and also at the request of the
homeowner and I would like to take the opportunity to thank the homeowner, the Roache family, for
participating in the program.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#86O
Moved by Councilman Edwards, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes a 3% wage increase
be awarded to the following full th-ne Fishers Island Ferry District personnel, to become effective
on January 1, 2005.
Barrett, Frederick
Burke, Stephen
Crowley, William
Foley, Paul
Hoch, Richard
Doherty, Thomas
Easter, Mark
Fiora, Mike
Vote of the Town Board:
Marshall, Jesse
Moroney, Kevin
Paradis, John
Peabody, George
Schmid, Nina
Schwartz, David
Scroxton, Derek
Aye: Councilman Edwards,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Councilman Ross, Councilman Wickham,
#861
Moved by Councilman Ross, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby declares the followin~ vehicles to
be surplus equipment:
1998 Ford Crown Victoria - VIN 2FAFP71W5WX163146
1998 Ford Crown Victoria - VIN 2FAFP71W1WX163144
Vehicles are no longer drivable - parts only. Vehicles may be viewed at Lou's Service Station, Sound
Avenue and Pacific Street, Mattituck, and be it further
RESOLVED that the Town Clerk be authorized and direct to advertise same.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
December 14, 2004 8
Regular Town Board Meeting
#862
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 Highway Fund
Whole Town budget as follows:
Appropriations
To:
DA.9040.8.000.000
DA.9710.7.000.000
From:
DA.9710.6.000.000
Revenues
To:
Workers Compensation $700
Serial Bond Interest 10
Serial Bond Principal 10
DA.5990.00 Appropriated Fund Balance
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
$7OO
Councilman Ross, Councilman Wickham,
#863
Moved by Councilman Wickham, seconded by Councilman Ross, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 General Fund
}Vhole Town budget as follows:
To:
A.1010.1.100.200
A.1010.4.500.200
A.1010.4.500.300
A.1010.4.500.700
A.1010.4.500.800
A.1010.4.600.100
A.1010.4.600.200
From:
A.1990.4.100.100
A.9015.8.000.000
Overtime Earnings (Ethics Board)
Labor Relations
Environmental Consultants
Title Fees
Appraisals
Legal Notices
Meetings & Seminars
Unallocated Contingencies
Police & Fire Retirement
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
$1,500
30,000
40,000
1,600
1,000
20,000
2,500
$25,707
70,893
Councilman Ross, Councilman Wickham,
#864
Moved by Councilman Romanelli, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby creates the position of
Groundskeeper II and establishes the following hourly salary scale effective January 1, 2002:
Entry 17.4406
1 18.6406
2 19.1206
3 19.7689
4 20.2489
5 21.4500
December 14, 2004 9
Regular Town Board Meeting
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Councilman Ross, Councilman Wickham,
#865
Moved by Councilman Edwards, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Jean T. DeLonne to the
position of full th-ne Senior Citizen Aide II at the Nutrition Center, at the rate of $22,302.16 per
year, effective December 16, 2004.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#866
Moved by Councilman Ross, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Ellen
Carbonell, Senior Citizen Aide II, effective December 17, 2004.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
AMENDED February 1, 2005 by Resolution 45
#867
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Jayne Martin to a
Temporary, Full-th-ne position of Clerk Typist, effective December 13, 2004 ending January 28,
2005, at a salary of $26,008.42 per annum.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#868
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 Nassau-Suffolk
Truck for completing repairs on a waste haul transfer trailer for the Solid Waste District, in
accordance with the bid specifications, at a total cost of $19~560.10.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#869
Moved by Councilman Romanelli, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 General Fund
~Vhole Town budget as follows:
TO:
A.7020.4.100.100 OFFICE SUPPLIES $375.00
December 14, 2004 10
Regular Town Board Meeting
EQUIPMENT MAINTENANCE & REPAIRS
YOUTH PROGRAM SUPPLIES
BEACHES-UTILITIES-WATER
A.7020.4.400.600
A.7020.4.100.150
A.7180.4.200.400
FROM:
A.7020.4.100.550
A.7020.4.600.200
SPORTS EQUIPMENT
MEETINGS & SEMINARS
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
175.00
275.00
225.00
$750.00
300.00
Councilman Ross, Councilman Wickham,
#87O
Moved by Councilman Edwards, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modified the General Fund
~Vhole Town 2004 budget as follows:
TO
Vehicle Maintenance & Repairs
A.3120.4.400.650
FROM
A.3120.2.300.100
Vo~ of the Town Board:
Automobiles
Aye: Councilman Edwards,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
$2500.00
$2500.00
Councilman Ross, Councilman Wickham,
#871
Moved by Councilman Ross, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the to the 2004 Solid
Waste District budget as follows:
To:
Appropriations
SR.8160.2.500.850
SR.8160.4.100.225
SR.8160.4.100.525
SR.8160.4.400.700
SR.8160.4.400.810
SR.8160.4.400.820
Drainage/Catch Basin Construction
Lubricants
Payloader/Truck Tires
Equipment Rental
C&D Removal
Plastic Recycling
$13,222.73
$ 100.00
$ 3,000.00
$ 165.00
$25,000.00
$ 500.00
From:
Appropri~ions
SR.8160.2.500.300
SR.8160.4.100.800
SR.8160.4.400.100
SR.8160.4.400.600
SR.8160.4.400.645
SR.8160.4.400.805
SR.8160.4.400.815
SR.8160.4.400.825
Traffic Control Devices
Maint Facilities/Grounds
Engineering
Scale Maintenance
Maint/Supply Fire Truck
MSW Removal
Scrap Tire Removal
Glass Removal
$ 2,165.00
$ 1,000.00
$ 3,000.00
$ 7,000.00
$ 750.00
$19,572.73
$ 3,500.00
$ 5,000.00
December 14, 2004 11
Regular Town Board Meeting
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Councilman Ross, Councilman Wickham,
#872
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby releases Karen Gaffga from her
employment at the Southold Town Human Resource Center, effective Friday December 3~ 2004.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#873
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Shayla Smith as a full-
th-ne Home Health Aide at the Human Resource Center, at a salary of $21,176.88 per annum,
effective December 21, 2004.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
RESCINDED April 12, 2005 by Resolution 205
#874
Moved by Councilman Romanelli, seconded by Councilman Edwards,
WHEREAS, the Town Board of the Town of Southold has proposed to decommission the scavenger
waste facility located on Moore's Lane on properties leased from the Village of Greenport, which will
include removal of all structures, buildings, tanks, roads and other features of the facility and
restoration of the site to its pre-existing condition: and
WHEREAS, the Town Board has proposed to undertake the action itself and is therefore assuming
lead agency status; and
WHEREAS the proposed project is an Unlisted action pursuant to SEQRA; and
WHEREAS a Full Environmental Assessment Form (Parts 1, 2 and 3) dated December 2004 has been
prepared and reviewed; and it is hereby
RESOLVED that the Town Board of the Town of Southold determines that the proposed action will
not result in a significant effect on the environment as evidenced in the contents of the Long EAF
prepared for the Town Board by L. K. McLean Associates, P.C. dated December 2004; and it is further
RESOLVED that the Town Board adopts a Negative Declaration pursuant to SEQRA for the
decommissioning of the scavenger waste facility and restoration of the site to its pre-existing
condition.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#875
Moved by Councilman Edwards, seconded by Councilman Romanelli, it was
December 14, 2004 12
Regular Town Board Meeting
RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local
Law in relation to Amendments to the Site Plan Approval Law" 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.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#876
Moved by Councilman Ross, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local
Law in relation to Stop Signs on Eli[ah's Lane" 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.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#877
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 General Fund
Part Town budget as follows:
From:
B.8020.4.600.800
B.8020.2.100.300
B.8020.4.100.100
B.8020.4.600.600
B.8020.4.600.200
To:
B8020.4.500.500
Vote of the Town Board:
Research Materials
Chairs
Office Supplies
Dues & Subscriptions
Meetings & Seminars
Planning Consultant
Aye: Councilman Edwards,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
$ 834.37
364.80
882.99
777.32
1,400.00
$4,259.48
Councilman Ross, Councilman Wickham,
#878
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Sabrina Born as part-
time Clerk in the Southold Town Tax Receiver's Office at a salary of $9.40 per hour, effective
December 15, 2004 thru July 15, 2005.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#879
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 necessary forms with regard to the Elizabeth Field
December 14, 2004 13
Regular Town Board Meeting
Airport Apron and Taxiwa¥ FAA AIP No. 3-36-0029-09-02; NYS PIN 0913.09 Proiect for the
Partial Payment Request No. FIVE & FINAL (Form FIN 190); and Partial Payment Request no.
SEVEN AND FINAL (Form 271), all in accordance with 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.
AMENDED, JANUARY 18, 2005 BY RESOLUTION #4
#880
Moved by Councilman Edwards, 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 a lease agreement between Innovative Mailing & Shipping Systems
for the rental of their postage machine Model W J135 Mailing System for a period of 60 months
beginning on January 1, 2005 at a cost of $180.00 per month; and a Model Meter T162 meter rental,
first year free, thereafter $74.00 per month, all in accordance with 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.
#881
Moved by Councilman Ross, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor
Joshua Y. Horton to execute an agreement between the Town of Southold and HTE VAR, L.L.C.
for the purchase of a new I5 Server to be installed at the Southold Town Police Department.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#882
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Francisco De'Paz as
Temporary, Full-Time Cook at the Nutrition Center working 40 hours per week, at the rate of $12.57
per hour, effective December 15, 2004 not to exceed 90 days.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#883
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Deon Shedrick to the
position of full-time Custodial Worker I salary of $28,352.00 per annum, effective December 20,
2004.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
December 14, 2004 14
Regular Town Board Meeting
#884
Moved by Councilman Romanelli, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Christa Grant to the
position of part-th-ne Student Intern 1 in the Town Clerk's Office at a salary of $9.54 per hour,
beginning on December 27, 2004 working as needed through the year of 2005 during school vacations.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#885
Moved by Councilman Edwards, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the Irrevocable Letter of
Credit #170000360~ in the amount of $26~075.00 issued by the Bridgehampton National Bank as
a performance bond for roads and improvements in the Conservation Subdivision known as Mill
Creek Preserve, located n/o SR 25, 430' e/o Laurel Avenue, in Southold, 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.
#886
Moved by Councilman Ross, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Francesca Quintieri as
a Temporary Full-Th-ne Clerk-Typist in the Office of the Town Clerk for a period not to exceed 90
days, at a salary of $26,008.42 per annum beginning on December 15, 2004.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#887
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 General Fund
~Vhole Town Budget as follows:
From:
Chairs
A.1410.2.100.300
To:
A.1410.1.200.100
Vote of the Town Board:
Part-Time Employees
Aye: Councilman Edwards,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
$566.66
$566.66
Councilman Ross, Councilman Wickham,
#888
Moved by Councilman Wickham, seconded by Councilman Romanelli,
December 14, 2004 15
Regular Town Board Meeting
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,
New York on the 14th day of December, a Local Law entitled "A Local Law to amend the Street
Excavations chapter of the Town Code of the Town of Southold," 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 28th day of
December, 2004 at 8:00 p.m., at which time all interested persons will be given an opportunity to be
heard.
This proposed "Local Law to amend the Street Excavations chapter of the Town Code of the
Town of Southold," reads as follows:
Local Law No.
I. Purpose- The purpose of this Local Law is to update and increase the insurance coverage
required; revise the fee schedule and allow fees to be set by Town Board resolution; and increase
the penalties for violations of the chapter relating to excavations of streets within the town.
II. Amendments.
§ 83-5. Insurance coverage.
No permit shall be issued until the applicant shall have filed with the Superintendent evidence that the
town has been named as a primary insured under any insurance policy ............ ~ ...... ; ~rr .......
coverage for any losses includin~ bodily, properly or commercial injury caused by or attributable to the
work performed by the applicant, in the amount of one million dollars ($1,000,000.) per occurrence
and two million dollars ($2,000,000.) ~eneral a~re~ate. Policy to include coverage for explosion,
collapse and under~round hazards (XCU covera~e),and such insurance coverage to be written by an
insurance company authorized to do business in the State of New York.
§ 83-7. Fees.
A. Each a cation for a permit hereunder shall be accompanie a fee ......... ; ............
~---/~<./x .~r~..~.~,~., to be paid to the Town Clerk of the Town of Southold. Application fees and ........
fees for permits issued pursuant to this chapter shall be set by Town Board resolution, and as fc!!cws:
[A~,-I~,-1 < 1'7 lt~QQ 1~ T T 'xT~ 1'~ lt~QQ]
B. T?.c aforcmcnfionea-, fees shall be paid to the Town Clerk prior to the issuance of the
permit.
December 14, 2004
Regular Town Board Meeting
§ 83-14. Penalties for offenses.
16
A. Any person who shall violate any of the provisions of this chapter or shall fail to
comply with any condition imposed by the permit or shall fail to comply with any lawful order
of the Superintendent or to discharge any duty imposed by this chapter shall, upon conviction,
be deemed to have committed an offense against this chapter and shall be punished by a fine
not exceeding five hundred dollars ($500.). one thousand dollars-($1000.) Each day any such
violation shall continue shall constitute a separate and distinct offense.
C~B. In addition to the above-provided penalties and punishment, the Town board may also
maintain an action or proceeding in the name of the town, in a court of competent jurisdiction,
....... ~ ....... ~ ........................... : -u .................................. ~ .... r any an
all civil remedies available at law, including injunctive relief and monetary sanctions for any
violation of this chapter.
§ 83-15. Waiver of insurance and bond requirements.
Upon special application made to it by any applicant for a permit required under this chapter
and for good cause shown, the Town Board may, in its discretion, waive any of the provisions
set forth under §{} S~ 5 and 83-6 insofar as it may accept such other insurance and/or
indemnification documents as it deems appropriate under the circumstances.
III. Severability. If any section or subsection, paragraph, clause, phrase or provision 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.
IV. This Local Law shall take effect immediately upon filing with the Secretary of State.
COUNCILMAN WICKHAM: This proposed local law to amend the street excavation's chapter of the
Town of Southold reads as follows: it is rather lengthy but the whole purpose of this is to upgrade the
cost, the fees, to be paid by other municipalities or other agencies who would break into a road owned
by the Town of Southold, in order to put pipes under it or cables or something like that. The full text
of it will be on the Town Clerk's bulletin board and it will appear as a legal in the newspaper.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#891
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Town
Clerk Elizabeth Neville to advertise for bids for the supply and installation of overhead
garage doors at the Southold Town Highway Department, as per the plans and
specifications prepared by James Richter, Office of the Town Engineer.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
December 14, 2004 17
Regular Town Board Meeting
SUPERVISOR HORTON: And by the clock synchronized to the clock in the Smithsonian,
Greenwich mean time, it is 1700 hours or 5:00 P.M. Time for our public hearings.
based on
Moved by Justice Evans, seconded by Councilman Ross, it was
RESOLVED that this Town Board meeting be and hereby is declared recessed in order to hold two (2)
public hearings on the matters of (1.) HEARING ON "A LOCAL LAW IN RELATION TO
AMENDMENTS TO THE SITE PLAN APPROVAL LAW." AND (2.) HEARING ON" A
LOCAL LAW IN RELATION TO STOP SIGNS ON ELIJAH'S LANE."
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Meeting reconvenedat
#889
Moved by Councilman Romanelli, seconded by Justice Evans,
WHEREAS, there has been presented to the Town Board of the Town of Southold on the t6th day of
November, 2004, a Local Law entitled, ""A Local Law in relation to Amendments to the Site Plan
Approval Law", and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local
Law at which time all interested persons were given the opportunity to be heard, now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law:
LOCAL LAW NO. 25 -2004
A Local Law entitled, "A Local Law in relation to Amendments to the Site Plan Approval Law".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose - In order to increase efficiency in the processing of site plan applications, by
requiring increased coordination between the planning and building departments in the initial review
stages of applications and the determination of compliance with zoning regulations, it is necessary to
implement certain procedural amendments to the review process. Furthermore, in order to expedite the
review of certain so-called "as built" and agricultural applications, where the public safety and welfare
do not require a protracted review, the Planning Board shall be vested with discretion to waive the
public hearing requirement and technical submission standards.
II. Chapter tee of the Code of the Town of Southold is hereby amended as follows:
§ 100-253. Approval of site plan required.
A After the filing of an application for a building permit, the Building Inspector shall make a
determination as to whether a site plan or an amendment thereto is required, and this written
determination shall be forwarded to the Planning Department for comment. The Planning
Department must provide written comments on this determination to the Building Inspector within
five business days, or be deemed to have waived the opportunity to comment. After review of
comments, or after the time period for comment has elapsed, the Building Inspector shall issue a
final determination to the applicant, which shall in no event be more than t 5 business days from
the filing of the application. Such determination shall also include a written decision as to whether
the proposed use is permitted and whether a special exception is required from the Zonin~ Board of
Appeals. No building permit shall be issued for any structure or building for which use a site plan
is required pursuant to this Chapter tee, until, if required, an approved site development plan or
approved amendment of any such plan has been secured by the applicant from the Planning Board
December 14, 2004 18
Regular Town Board Meeting
and presented to the Building Inspector, along with all necessary approvals and permits as may be
required by other public agencies. [Amended 5-15-1995 by L.L. No. 8-1995; 3-9-2004 by L.L. No.
8-2004]
§ 100-254. Review procedure.
A Presubmission conference. Prior to the submission of a site development plan, the applicant or his
agent shall meet with the Planning Board or its representative. The purpose of such conference
shall be to discuss proposed uses or development plan elements that shall be submitted to the
Planning Board in order for said Board to determine conformity with the provisions and intent of
this Article. Said meeting shall take place within thirty (30) calendar days from the date of written
request therefor.
B Site development plan. Nine (9) copies of the site development plan application and any related
information as defined during the presubmission conference shall be submitted to the Planning
Board within four (4) months of the presubmission conference. Ifa site development plan
application is not submitted within four (4) months following a presubmission conference, another
conference may be required by the Planning Board.
(1) Within ten (10) business days of receipt of the application, the Planning Board shall
determine whether to accept, reject or request revision of the application.
(2) If the Planning Board determines said application to be acceptable but in need of revision, it
shall notify the applicant, in writing, wherein said application is deficient within thirty (30)
calendar bas/ness days.
(3) Within the thirt~ (30) calendar day period from receipt of the application, the followin~
shall also take place: the site plan reviewer (or other delegate of the Plannin~ Board) shall
hold a ioint meetin~ with a representative of the Buildin~ Department authorized to review
buildin~ plans, for the purpose ofmakin~ a ioint recommendation as to whether the site
plan application complies with all applicable zonin~ regulations or whether any variances
are required from the Zonin~ Board of Appeals; that recommendation shall be forwarded to
the Buildin~ Inspector, who shall either endorse or revise that recommendation; and in the
event the Buildin~ Inspector's zonin~ determination indicates that a variance is required,
the site plan reviewer (or other delegate of the Plannin~ Board) shall so inform the
applicant; and in the event the applicant wishes to proceed with the application as
submitted, the Buildin~ Inspector shall issue a notice of disapproval at that time. This
procedure shall also apply to any amendments to the site plan application.
(4) In the case of a variance or special exception application requiring site plan approval,
the site development plan application shall be subjected to preliminary review and
written comments by the Planning Board within sixty (60) days of such request by the
Board of Appeals.
(a) In no case may the Planning Board grant site plan approval prior to the
issuance of a special exception by the Zoning Board of Appeals, if such is required.
(b) Before the Planning Board can approve any application for the amendment
of a use or structure for which a special exception was granted, the applicant must
obtain permission from the Zoning Board of Appeals to expand or otherwise alter or
change either the use or the structure.
(5) The Planning Board may vary or waive parking requirements, provided that such
change will not have a detrimental effect on the public health, safety or general
welfare and will not have the effect of nullifying the intent and provision of the
Zoning Code.
December 14, 2004
Regular Town Board Meeting
19
(a) The Planning Board may allow or require landscaping to be installed in
place of specified parking spaces.
(b) On any site for which the Planning Board grants approval for less than the
required number of spaces for that use, the Planning Board shall have the right to
review the parking requirements again ifa change of use is proposed.
(6) Review of a new site plan for a lot on which an approved site plan already exists
shall not proceed until the approved plan is withdrawn by the applicant.
C When the Planning Board determines said application to be acceptable, it shall, within ten (la)
business days of such determination, distribute said application and documentation to the town,
county and state agencies having jurisdiction, for their comment. Such referral shall include a
referral to the Architectural Review Committee. The Architectural Review Committee shall make a
written recommendation to the Planning Board on the site plan within ten (la) business days of
receipt of the referral. If the Committee fails to make a recommendation within this time period,
the project shall proceed to the Planning Board for consideration without Committee view.
[Amended 5-15-1995 by L.L. No. 7-1995]
D Upon receipt and review of written comments from each of the agencies to which the proposed site
plan was distributed, the Planning Board shall, within a reasonable period of time, not to exceed
thirty (30) days, determine whether to require revisions to the proposed plan.
E No decision on the application shall be made until the State Environmental Quality Review ActFN
process is completed.
F After the Planning Board has determined that the proposed site plan is suitable for approval, it
shall:
(1) Forward the plan to the Building Inspector for final review and certification.
(2) Forward the plan to the Fire Commissioner of the fire district within which the site is
located for a determination as to whether a fire well is needed and, if so, its location.
(3)Notify the applicant, in writing, to make an application for the appropriate curb cut permits.
(4) Submit the proposed site plan to the Suffolk County Planning Commission in accordance
with the provision of the Suffolk County Charter, if necessary.
G Upon receipt of the Building Inspector's certification, the Fire Commissioner's response, the curb
cut permits and the comments of the Suffolk County Planning Commission, the Planning Board
shall place the site plan on the agenda of the next regularly scheduled public meeting.
H The Planning Board shall hold a public hearing to consider the application. Notice shall be
provided pursuant to Chapter 58. [Amended 12-27-1995 by L.L. No. 25-1995FN.]
Notwithstanding this requirement, with respect to applications involving modifications to existing
structures with no substantial change to the existing footprint, where the Planning Board
determines that such modifications or any change in use will not require significant changes to
existing major site design features, as well as applications involving uses strictly related to
agriculture (but excepting retail winery operations), the Planning Board shall have the discretion to
waive the public hearing requirement and may act on such application by filed resolution at a duly
noticed public meeting.
I Prior to the Planning Board's endorsement of the site plan, the applicant must sign a statement
placed on the site plan indicating his/her knowledge and acceptance of the conditions of approval.
J Amendments to an existing site plan may be acted upon in the same manner as a new site plan.
K A guaranty of performance may be required for all public improvements as part of the conditions
of approval. Such guaranty shall be based on a listing of required site improvements in accordance
with Chapter Ala6 of this Code.
December 14, 2004
Regular Town Board Meeting
20
L Within ten (10) days of final approval, a copy of the endorsed site plan shall be sent to:
(1) The Building Department.
(2) The Town Engineer.
(3) The Town Trustees, when applicable.
(4) The Highway Department.
(5) The Zoning Board of Appeals, when applicable.
M The Planning Board shall have the right to deny the proposed site plan for lack of compliance with
the provisions of the Town Code. The Planning Board shall notify the applicant, in writing, within
ten (10) days of such determination, of the reasons for such denial.
§ 100-256. Application requirements; fees.
A Submission of a complete site plan application shall consist of:
(1) A completed site plan application form.
(2) The site plan review fee, as specified in Subsection B below.
(3) A completed environmental assessment form.
(4) Nine copies of the site plan.
(5) Four copies of a properly survey, certified by a licensed land surveyor.
B Fees. [Amended 3-27-2001 by L.L. No. 7-2001]
(1) The application fee for a new site plan shall be $300 per acre or any fraction of an acre
thereof, plus $0.05 per square foot of building area.
(2) The application fee for a revised site plan shall be $300, plus $0.05 per square foot of
building area.
C Standards. Site plan design shall include the following items: (1) Technical data:
a The lot, block and section number of the properly, taken from the latest tax records.
b The name and address of the landowner on record:
[1] The names and addresses of adjoining landowners.
[2] The name and address of the applicant, if not the same as the landowner.
c The name and address of the person, firm or organization preparing the map, sealed
with the applicable New York State license seal and signature.
d Date, graphic scale and North point, whether true or magnetic; if magnetic, show the
date of reading.
e A survey prepared by a licensed surveyor or civil engineer. The site plan may reference
a land surveyor's map or base reference map. All distances shall be in feet and
hundredths of a foot. All angles shall be given to the nearest ten (10) seconds or closer.
The error of closure shall not exceed one (1) in ten thousand (10,000).
f The locations, names and widths of all rights-of-way within five hundred (500) feet of
properly lines. If none exist within five hundred (500) feet of the subject properly,
indicate the distance to the nearest intersection with a public street.
g A separate key map showing location and owners of all adjoining lands within five
hundred (500) feet, as shown on the latest tax records, at a scale of one (1) inch equals
one hundred (100) feet.
h The location, width and purpose of all existing and proposed easements, setbacks,
reservations and areas dedicated to public use within or adjoining the properly.
i A complete outline of other existing easements, deed restrictions or covenants applying
to the properly.
j Existing zoning, including zone lines and dimensions.
December 14, 2004
Regular Town Board Meeting
21
(2)
(3)
(4)
k Site plans drawn at the scale of one (1) inch equals twenty (20) feet. If all required
information cannot be shown clearly on one (1) plan, the information should be
separated as follows:
[1] Alignment and schedule plan.
[2] Grading and drainage.
[3] Landscaping.
[4] Other, e.g., site utilities.
Natural features:
a Existing contours with intervals of two (2) feet or less, referred to mean sea level as per
United States Geological Survey datum.
b Boundaries of any areas subject to flooding or stormwater overflows, tidal bays,
saltwater marshes, beaches and all freshwater bodies, including wetlands and
intermittent streams, perimeter boundaries of shoreline bluflg, dunes and beaches.
c The location of existing natural features, including but not limited to natural drainage
swales, watercourses, wooded areas and wetlands, as defined by the New York State
Department of Environmental Conservation and the Board of Trustees of Southold
Town, marshes, ponds, dunes, bluflg, beaches, kettleholes, escarpments, wildlife
habitats, flood hazard areas, erosion-prone areas and trees of six (6) inches in diameter
at a point three (3) feet above the trunk base.
d The location of any existing cultural and historical features within five hundred (500)
feet of the property boundaries.
Existing building structures and utilities:
a The locations, dimensions and outlines of all buildings, as defined in § 100-13 of this
chapter, and all uses of the site.
b Paved areas, including parking areas, sidewalks and vehicular access between the site
and public streets.
c The locations, dimensions, grades and flow directions of any existing culverts,
waterlines or sewage disposal systems, as well as other underground and aboveground
utility poles and utility lines within and adjacent to the property.
d The location and use of all buildings and structures, including curb cuts, within two
hundred (200) feet of the boundary of the subject property.
Proposed construction:
a The location of proposed buildings or structural improvements, indicating setbacks
from all property lines and horizontal distances from existing structures.
b The location and design of all uses not requiring structures, such as off-street parking
and loading areas and pedestrian circulation.
c The location, direction, power level and time of use for any proposed outdoor lighting
or public-address systems.
d The locating and plans for any outdoor signs must be in accordance with applicable sign
regulations.
e The location and details of aprons, curbs, sidewalks, fencing (type and location),
grading, including existing and proposed topography with two-foot contours [on site
and two hundred (200) feet beyond the property line] and spot elevations for buildings
and all structures, drainage calculations, details of drainage structures and watershed
areas, where applicable.
December 14, 2004
Regular Town Board Meeting
22
f Grading and drainage plans shall be based upon site stormwater retention, in
conformance with Chapter Al08, Highway Specifications.
g The location and listing of landscaping, buffering and street tree plans, including type,
material, size, quantity and location.
h The location of water and sewer mains, electrical service, cablevision and telephone
installations, ground transformers, fire well and fire hydrants and/or any alternate means
of water supply and sewage disposal and treatment.
Building elevations for all facades and floor plans showing the proposed use of floor
area.
D Notwithstandin~ the fore~oin~, the Plannin~ Board shall have the discretion to waive any or all of
the requirements of this §100-256 by resolution at a duly noticed public meeting, for those
applications involvin~ modifications to existin~ structures with no substantial chan~e to the
existin~ footprint, where the Plannin~ Board determines that such modifications or any chan~e in
use will not require significant chan~es to existin~ major site design features, as well as
applications involvin~ uses strictly related to a~riculture (but exceptin~ retail winery operations), if
it determines such requirements are not necessary to protect and maintain the public health, safety,
or welfare and to further the objectives set forth in §100-252.
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.
TOWN ATTORNEY FINNEGAN: Did you want to make the changes that the Planning Board
requested regarding the language about the meetings?
SUPERVISOR HORTON: Yes, I am sorry, I should have made that clear. Could you complete your
reading of the resolution to indicate a change that the Planning Board recommends?
COUNCILMAN ROMANELLI: Also, the law should take in comments, put on the record by the
Planning Board as far as resolutions for the waiver process.
SUPERVISOR HORTON: This will be a roll call vote, so Town Clerk, please call the roll.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#89O
Moved by Councilman Romanelli, seconded by Justice Evans,
WHEREAS, there has been presented to the Town Board of the Town of Southold on the 30th day of
November, 2004, a Local Law entitled, "A Local Law in relation to Stop Signs on Elijah's Lane",
and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local
Law at which time all interested persons were given the opportunity to be heard, now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law:
LOCAL LAW NO. 26 -2004
A Local Law entitled, "A Local Law in relation to Stop Signs on Eli[ah's Lane".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
December 14, 2004 23
Regular Town Board Meeting
Purpose - Traffic moving uninterrupted at a high rate of speed along Elijah's Lane in Mattituck has
resulted in a safety concern for the residents in that area, as well as for traffic moving along the cross
streets. Accordingly, in order to maintain public safety it is necessary to install stop signage along
Elijah's Lane at the intersection of Tabor Road.
Chapter 92 of the Vehicle and Traffic Code of the Town of Southold is hereby amended as follows:
§ 92-30. Stop intersections with stop signs.
The following highway intersections are hereby designated as stop intersections and stop signs shall be
erected as follows:
Stop Sign on Direction of Travel At Inter- Location
Section With (hamlet)
Eliiah's Lane South Tabor Road Mattituck
Eliiah' s Lane North Tabor Road Mattituck
Tabor Road East Elijah' s Lane Mattituck
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.
EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by
law.
COUNCILMAN EDWARDS: I would like to say something about it.
SUPERVISOR HORTON: Certainly.
COUNCILMAN EDWARDS: I came to this public hearing interested in seeing what the neighbors
had to say because I do use that cut through, I live in Mattituck. And I assume that the people that live
on that corner also understand that what goes along with a stop sign is somewhat more noise of cars
accelerating and the fact that I haven't heard anybody here raise that issue tells me that they are more
concerned with the safety issue than the noise issue. Obviously cars that stop and start make more
noise than cars that roll right by. I certainly agree that people drive too fast down that street and
therefore I will be supporting this resolution. I am wondering and I am not a traffic engineer, whether
given the fact that that stop sign is going to be halfway down, or roughly almost a mile I suppose,
whether we are also going to need signs that say approaching stop sign or language to that affect,
further out from the stop signs.
SUPERVISOR HORTON: That wouldn't require a law, that would be something that the
Superintendent .....
COUNCILMAN EDWARS: Okay, I am just bringing it up.
SUPERVISOR HORTON: That is a good point.
COUNCILMAN EDWARDS: Because right now when you drive down there, you go about a third of
the way down and you hit a sign that says 30 miles an hour and I don't think anybody is paying any
attention to it because they probably thought it was 30 miles an hour to start out with.
SUPERVISOR HORTON: Okay. Thank you. Are there other comments from the Board? (No
response) Please call the roll.
December 14, 2004 24
Regular Town Board Meeting
COUNCILMAN WICKHAM: No, I don't support this law. I would just like to comment, that I think
perversely, this might actually contribute to less safety in the Town because it sends a message that we
are not really going to control speeds on our roads. We are going to only put up stop signs from time
to time. It sends a message that we are not really serious about enforcing the speed limits that should
be enforced in this town, so I vote no.
SUPERVISOR HORTON: I agree with the gentleman who shared, I don't think we have to wait for a
high rate of accidents to justify a stop sign and I also think that, and I can assure you, Councilman
Wickham, that we have increased patrols on that road specifically at the request of residents and I
believe one of the residents pointed out quite accurately, that we can't sit somebody on Elijah's Lane
24 hours a day, unless you would like to hire much more police officers.
COUNCILMAN WICKHAM: Twenty or thirty tickets would do a lot of control.
SUPERVISOR HORTON: Let me finish saying what I am saying, so with that being said, I think that
this is something that was generated by a lot of discussion within the community and I think it is
important to listen to the concerns of the community and take a dual approach of implementing the
stop sign, as well as continuing our enforcement efforts, so my vote is yes.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Romanelli,
Justice Evans, Supervisor Horton. No: Councilman Wickham.
This resolution was duly ADOPTED.
SUPERVISOR HORTON: And that concludes our resolutions, would anybody care to address the
Board on other town related items? Yes, Mr. Siegmann.
ED SIEGMANN: Good evening, my name is Ed Siegmann. As you know, I represent the seniors
from the East End Senior Citizen Council and apparently you are as interested in one of the subjects
that I am interested in now, too. For a long time we didn't get any satisfaction out of some of the
thoughts we had for keeping seniors here that were being priced out of the market but know I see with
the affordable housing discussions that are taking place, I see that you are interested and that it seems
mainly at the present time to make it so that young people, when they finish school, that they can stay
here, that they don't have to move away, which I congratulate you for going into something like this.
The only think that I am afraid of is what is left around here that is affordable anymore. At one time,
you had the South Fork that somebody could go over to if they could afford the prices and if you
couldn't afford the prices, you had the North Fork that you could go to. Well, it looks like those days
are over, it looks like the North Fork has become just as expensive as the South Fork. One of the
things that I am really concerned about for seniors, because they have been leaving for a long time
because they couldn't afford to stay here, is what can be done to help them stay here? And one of the
thoughts I have in mind is that since seniors are living longer than they did before, they are keeping us
alive with pills, but nobody is taking care of how do you take care of these people that are living so
long. And one of the things that I am concerned about is people who have houses that they can no
longer take care of. When they came out here or lived out here originally, they had bigger houses, they
could do most of the work themselves, they are in a position now where they get in the age where they
can't do the work anymore, they have to pay to have everything done and it is costing them more than
what they can afford and many of them have been leaving and I think if you check with your, that
nutrition center over there, where Karen works, you will find that the people this week were writing
Christmas cards to the people who have left this last year because they couldn't afford to stay here
anymore. One of the things that could be done for these seniors, I think, that would help, if you ride
down going into Riverhead and where 58 breaks away from 25 or 25 breaks away from 58, just a short
December 14, 2004 25
Regular Town Board Meeting
way down the road on the right hand side, there are some small bungalows that are being built, in fact
most of them have been built already. Have you seen any of them? Have you noticed them when you
ride down there? Well, if you could start a program in Southold where you could build some of these
houses, the same as they are building down there, give those seniors that want to, opt out of keeping
the big houses now, give them an opportunity to buy those houses, it would free up the houses that
they are getting out of for people who are looking for houses out here where you say it is hard to get
people for some of these jobs that are around. In fact, one of the speeches I listened to is that teachers
can't afford to start out here anymore due to the fact that they can't afford to buy the houses and the
property. It would free those houses up for those people. Let me ask you something, you have
moratoriums on where you say you can't build at all for a period of time. Do you have a right to say
the size of the houses that can be built?
SUPERVISOR HORTON: Yes, through certain measures.
MR. SEIGMANN: Has anybody been down to Bailie Beach lately? And seen some of the
construction that is going on down there? There is a house going up down there now that must be and
I am only guessing, somewhere between $2 or $3,000,000. Could even be more. This is the reason or
one of the reasons why a lot of people are being priced out of this market and we found that out this
year when we found out that Suffolk County taxes for Southold Town is going to be increased a heck
of lot more than what a lot of the other towns are increased due to the fact of the equalization rate
where the assessed value of the Town becomes so high because of these big houses that are being built,
that it takes the town in general is taxed more and this affects people that where they say a rich district
or a poor district, they consider this a rich district. There are a lot of people living in this rich district
that are not rich. They are just hanging on, trying to stay here and if you could control the size of some
of these houses that are being built, I think at least you could keep the taxes down to some extent. And
the seniors are not looking for what you are talking about as far as affordable houses, they are not
talking about giving them a break on buying those bungalows that you would build for them or
whatever you want to call them, I call them a bungalow because years ago when the houses were built
out here and you go down some of the roads in Mattituck, a lot of them started out as bungalows. And
this is something that could be done for the seniors to keep them here. You know, it's hard for people
that, being seniors, they want to stay close to their kids. But some of them have found it necessary to
move down to North Carolina and to move to other places like that and it is not fair to them that this is
happening to them at a time of life when they can least afford to have this done to them. So I would
say to look into whatever you can. One more question in reference to the size of the houses, would
you have a right, that say somebody is building a large house that when they get to a certain price of
that house, that you can increase the amount of money that is paid in taxes, like per square foot, that
you could increase that over and above what somebody pays per square foot for a smaller house. If
you were able to do that, it would be another way that you could help these people.
COUNCILMAN ROSS: Basically, taxes, real property taxes are based on the value of the property
period. And this should be proportional. But you would support legislation that would limit the size of
houses, say, on smaller lots, Mr. Siegmann?
MR. SIEGMANN: You have got to make the houses, you have got to build smaller houses because
what you are doing to the people out here with the size of the houses that are being built, nobody, you
know, when I moved out here, I am only out here 25 years, I used to vacation out here for 25 years
December 14, 2004 26
Regular Town Board Meeting
prior to that. When I moved out here, I could afford the house that I had built, I bought a lot for
$10,000. Built the house for $52,000, the whole thing cost me $62,000. Today, I can get $450,000 or
$500,000 for that house. It is ridiculous. Absolutely ridiculous. And anything that you can do to
control that situation ought to be done. And the reason I am pressed into saying these things to you, I
see now you are concerned, finally somebody is concerned that the young kids can't stay here
anymore, that they have to move away. You have got to be just as concerned about the senior citizen
that has been living here and has to move away also. Thank you.
SUPERVISOR HORTON: Thank you, Mr. Siegmann. Are there other comments on general town
business? Mrs. Egan, you had your hand up.
MS. EGAN: Joan Egan from East Marion. Number one, Mrs. Finnegan, have you done anything
about that article on the Child Protective Agency? I spoke to you after the meeting.
TOWN ATTORNEY FINNEGAN: That is right. No, I have not.
MS. EGAN: You haven't written anything? Well, I can help with the writing because I am sure that
you all know that I do write well. Right, Joshie? Got you. Now, with the...
SUPERVISOR HORTON: Mrs. Egan writes a letter to the editor about me and then drops it off at my
mother-in-law's house to make sure that she reads it.
MS. EGAN: No, no, no, no.
SUPERVISOR HORTON: Yes, you did.
MS. EGAN: No, no.
SUPERVISOR HORTON: Yes, you did. Last week, last Thursday.
MS. EGAN: I even called you on your cell phone and asked you if you would like me to autograph
that letter. The one in the Suffolk Times or the Traveler. Right, dear? Now, with what happened
down there on Main Street in front of the Basketworks was horrible, we did make an arrest with the
help of the county police, the state police and local police and that is good. Now, unfortunately the
Greenport police department is gone. I would like to see more foot patrols, certainly between now and
after New Years. That is very, very important. Nothing has been done about noise control, correct?
Mr. Romanelli, when I am speaking, you should be listening.
COUNCILMAN ROMANELLI: I am.
MS. EGAN: You should be. Now, the Justice Court building, you know at night you can look right
into that. Now, the computer is going and I spoke to, I think, Theresa and she said that what you can
see doesn't really give any information but it is obvious that it could be, a rock, anything could be
thrown in and destroy that computer. Now, there is a public building and it is my fault that I don't
know the name of it, where it says public schools altogether and there is a flag pole there and there is a
lot of the busses there behind it.
December 14, 2004 27
Regular Town Board Meeting
SUPERVISOR HORTON: Is it in Peconic?
MS. EGAN: Not on Peconic Lane but up there. But at any rate, I have gone into that building twice.
They have a humongous flag pole and asked them where their flag is. This is over six months ago and
there still is no flag. I will check out the name of the street and give you a buzz on that. Now, on
television today, it has been mentioned before, there are I think only six states in the United States who
have good equipment for any kind of a terror alert or whether it be bio-chemical or explosion. Do we
have anything here in the Town of Southold?
SUPERVISOR HORTON: In regard to what specifically?
MS. EGAN: Well, if there was a bad situation, you know, a terror alert, terror, something done here
either by chemicals or explosions.
SUPERVISOR HORTON: We don't have in our physical position pathogens that would combat bio-
chemical attack.
MS. EGAN: Well, maybe somebody up there should look into it and we should get on the ball with
that. Now, Keystone. I am sure you knew that was going to come up. Fortunately the weather was not
that bad but I kept listening to the radio, wondering when you might get on the air and say if you
don't ....
SUPERVISOR HORTON: Mrs. Egan.
MS. EGAN: .... have heat, you can go to a public building.
SUPERVISOR HORTON: Mrs. Egan.
MS. EGAN: Did you?
SUPERVISOR HORTON: Mrs. Egan, I was on the air two times an hour and we had two shelters set
up and we also, not only did we have two shelters set up, we publicly broadcasted that if one was in
need of transportation to a shelter, we also called in driver's to transport people.
MS. EGAN: Good. You did a good job then. Now, I mentioned before Mr. Wickham, those public
notices should be in two papers. You will see that that is done. The Suffolk Times and the Traveler.
Not just the Suffolk Times. Now, incidentally, the phone in the police station, you know, as you come
in, oh, I want to congratulate you, I hope you had the input to get some decent doors there; hasn't been
working in months and that is a phone that should be put back in service, correct? Oh, what progress
has been made on the traffic light on Love Lane?
SUPERVISOR HORTON: The state, you are talking on the south end of Love Lane. The state is doing
a, as they do, . ....
MS. EGAN: A survey.
December 14, 2004 28
Regular Town Board Meeting
SUPERVISOR HORTON: Well, under their law and their policy, they are required to. But they have
officially acknowledged that they are conducting that and we would hope to have some results from
their efforts in the spring.
MS. EGAN: Okay. Now, I also noticed that there are still many, many street signs missing on 48.
Now, that is Mr. Harris. Now, I don't know whether the young, charming people are stealing those
signs or they just haven't been put up, that is an important thing because I think that contributes .....
SUPERVISOR HORTON: I don't think you should profile young people.
MS. EGAN: Pardon?
SUPERVISOR HORTON: I said, I don't think you should profile young people. They are not the only
thieves in Town.
MS. EGAN: Well, what do you consider young.
COUNCILMAN ROMANELLI: I can't answer that. How old are you and then I will answer?
MS. EGAN: Careful, you are on the air. No, I don't know who does all of these breaking of the
mailboxes, no, it is not just young people. No, it isn't. What is considered young, what is considered
old. Whoever does it, it is horrible. And whoever steals the street signs, it is horrible. They think it is
funny, they want them for their garage rooms or their rec rooms or something like that but it costs the
taxpayers money down the line. So, I would like to know whether Mr. Harris knows whether they are
being stolen or they just haven't been put up.
SUPERVISOR HORTON: I think his ....
MS. EGAN: A little bit of both?
SUPERVISOR HORTON: No, I wasn't going to answer on that. I was going to say that I think his
part in that would be ensuring whether or not they are being stolen or (inaudible)...
MS. EGAN: Well, they are not there.
SUPERVISOR HORTON: ... so...
MS. EGAN: Well, they are not there.
SUPERVISOR HORTON: If you give me a list of the ones that you see are missing.
MS. EGAN: My goodness, it would take me a book to, another book to do that.
SUPERVISOR HORTON: It would keep you busy. 734-5211 is his number. And I will also speak
with him.
December 14, 2004 29
Regular Town Board Meeting
MS. EGAN: Pardon?
SUPERVISOR HORTON: I said, 734-5211 is his number and I will also speak with him.
MS. EGAN: Good. Let me take the opportunity now to wish you all a very happy and a holy
Christmas. Thank you.
SUPERVISOR HORTON: Thank you, Mrs. Egan. Mr. Domino, you were next.
MIKE DOMINO: Mike Domino, Southold. Several months ago, Councilman Wickham, liaison to the
Tree Committee suggested that the time might be right to propose a tree code for single and separate
lots, extending the sense of those provisions found in the new subdivision ordinance. He very tactfully
suggested that newer members with no history of previous involvement be appointed to move the code
forward. Marilyn LoPresti agreed to revisit the issue with Mark Terry of the Planning Board, assisted
by the legal office, after this Board directed at a work session that work should begin. After much
effort, they produced a new draft, ran it by the Town attorney and then informed Supervisor Horton,
who commented that he did not historically support a tree code out of concern for property owner's
rights. That the Board was presently very busy crafting important legislation and that the Board could
possibly take this up late in the spring. Now, allow me to remind you three things. Number one, the
mission statement of the Tree Committee, formed by resolution in 1989, requires the Committee to
draft a tree code. Two, the moratorium, due to expire in February, probably means more, not less,
work for everyone in the spring. Three, I have been at this a long time. I heard a variation of that
theme when Bill Moore and later John Romanelli shared the Code Committee. Consequently, as I
have been around that block once or twice before, I decided not to continue as co-Chair of the Tree
Committee. Subsequent to that, all of the members expressed no interest in volunteering beyond
December 31st. Since no one has applied to your recent advertisement for new members, for all intent
purposes, there is no Committee. Read into that what you will. I strongly suggest that if this Board
intends to fill the vacancies to create another Tree Committee, they should either select people who can
ignore the sworn oath they take or pass, by resolution, a new mission statement with no mention of a
code. Failure to do so asks people to compromise their values and the good people I work with refuse
to do that. Since Supervisor Horton has decreed that all advisory committee terms expire on December
31, 2004; consider this letter as my notice of my intention to discontinue participation as of that date.
In conclusion, I must make special mention of the town employee's I have had the pleasure to work
with. Mark Terry, Victor L'Eplattenier, Martha Jones, Ruthann Woodhull, Chuck King, Betty Neville
and especially Barbara Rudder. This town is better off for having them to work with; they provide the
continuity and the balance that prevents us from going too far adrift. Thank you very much.
SUPERVISOR HORTON: Thank you, Mr. Domino. I will say that while you and I have differed in
opinion in regard to the tree code, I have been consistently forward with you, this is one legislator's
position, and I understand that we may have differences of opinion, I respect that but I will say outside
of the issues surrounding a tree code that would affect single and separate lots, I have personally
appreciated your service to the Town and to the Tree Committee. You have gone above and beyond in
regard to ensuring that trees are replanted where necessary. You and Dan Cottula and so many people
work very hard and diligently to bring a real gem to the Town and that is the arboretum, working with
the Department of Public Works and also you were very instrumental and provided me with a lot of
December 14, 2004 30
Regular Town Board Meeting
guidance as to the necessity of insuring that there was better communication between LIPA, Keyspan,
the State and other entities that may have the need to remove trees or alter them in some way, shape or
form. So understanding that we have a difference in opinion in regard to tree code on separate lots, I
respect that difference of opinion but I also want to say to you that I have a real debt of gratitude and
appreciation for all the work that you have done in many other areas of the Town as pertains to you
know, trees and the natural habitat.
MR. DOMINO: Thank you for your remarks.
SUPERVISOR HORTON: I am sad to see you go, actually.
MR. DOMINO: I was so pleased to work with the fine people on the Committee and very proud of
being part of planting and caring for literally hundreds of trees in the Town of Southold. And believe
me, I am not going away on this issue, I am just resigning as co-Chairman. You will hear from me
more about the need for a tree code. Thank you again.
SUPERVISOR HORTON: Thank you, Mr. Domino.
JUSTICE EVANS: Could we see copies of that tree code? The new tree code? I mean, I am not
saying that I am for or against it but I haven't seen a copy of it and I would like to see a copy of it.
MR. DOMINO: I have it here, I will give it to Betty later. Thank you.
JUSTICE EVANS: Thank you.
SUPERVISOR HORTON: Thank you. Are there other comments from the floor? Yes, Mrs.
Domenici.
MARIE DOMENICI: Good evening, my name is Marie Domenici and I live in Mattituck. I know
oftentimes when we come before the Town it is always because we have a concern or a complaint and
certainly we want to make our feelings known. I would like to come to you with a concern and maybe
a resolution. So, if you would just give me a minute, I would like share this with you. I am gravely
concerned about the fact that there is a lot of stuff that is going into our landfills, whether it is in
Southold or in Huntington but primarily, I am concerned about it for really all of us and I would like to
share with you, there are some recycling programs that I think if the Town could get involved in and
maybe be the poster child for recycling, I think it would be very helpful to the community. There are
two that I want to speak about tonight. One is an inkjet cartridge recycling program that the Town
could sign up for and each of these inkjet cartridges have a points associated with them and as you
accumulate points, you can then proceed to buy computer equipment or office supplies with the
accumulation. We have started to do that in the library and the library is implementing all new thin
screen monitors as a result of the community participating. So the Town also could sign up and do
this, I don't know if you have a program in place and if indeed, what is the derived benefit that you
guys are reaping. As a taxpayer, I would like to buy one less, you know, thin screen monitor for the
Town or the library. And a program like this allows this kind of opportunity. By the same token, there
is a cell phone recycling program. And each of the cell phones have a dollar value associated to it.
some cell phones are maybe valued at $3 and others might be valued at $20 and basically again, if you
December 14, 2004 31
Regular Town Board Meeting
are participating, you can keep all of the carcinogenics out of our landfill sites and I would just like to
share with you some statistics as it relates to what goes into our landfills. I am sure you have heard it
or maybe it is just a reminder or just an awareness for some people who do not know this. The plastic
used in a typical inkjet or toner cartridge takes 1,000 years to decompose. Every year, over
400,000,000 cartridges, with a combined weight of 2,000,000 pounds are discarded into our nations
landfill sites. Recovering discarded printer cartridges for recycling would prevent more than 570,000
tons of plastics from entering the waste system. The United States consumes approximately
700,000,000 ofoil a day, a fossil fuel whose supply is not endless. Recycling cartridges can help keep
this number from climbing. What happens to our trash? Well, according to the EPA, 67 percent of it
is sent to landfills, 15 percent is incinerated and less than 18 percent is recycled. The average
consumer purchases 2 to 6 printer cartridges per year. More than 85 percent of the used printer
cartridges are simply tossed in the trash. If every used cartridge was recovered for re-manufacturing,
we could conserve more than 283,000,000 gallons of oil. As it relates to cell phones, this seems to be
an up and coming or hidden issue where cell phones really impact our environment and it is rather a
low-key awareness at this point, but people in the United States will soon be getting rid of about
130,000,000 mobile phones every year and that means 65,000 tons of trash, including toxic metals and
other health hazards. Because these devices are so small, their environmental impact might appear to
minimal but the growth in cell phone use has been so rapid and enormous that the environmental and
public health impacts of the waste they create are a significant concern. There are more than
135,000,000 people now registered as users of cell phones and the number is growing according to the
cellular telecommunications internet association. A study by Inform said that an average cellular
telephone is kept only 18 months and in many cases is thrown into a closet or a drawer and is finally
discarded with household garbage. By 2005, there will be at least 200,000,000 cell phones in use
across the country and another 5,000,000 older phones may be stockpiled in drawers, closets or end up
in our landfills. The chemicals that are in the batteries are very carcinogenic and these include
persistent toxins that accumulate in the environment including arsenic, antimony, beryllium, cadmium,
copper, lead, nickel and zinc. These are all going into our landfills every day. Our health is impacted,
our water systems are impacted and I think if the Town could consider implementing these recycling
programs and I am sure that there are many more that have styrofoam and all that other stuff but you
would derive a benefit because you get a monetary payback out of it and it also pays us back by not
polluting our water systems and our environment. So I do have the websites if you are available, if
you are interested and I would like to know if you would consider implementing such a program, either
with Town Hall or maybe Town Hall having sites around or asking other, you know, business people
to participate. So, what do you think?
SUPERVISOR HORTON: I think, I remember you actually getting me the information on the
recycling program for inkjet cartridges and to be quite honest with you, I haven't given that particular
item much research, simply because of, you know, the time involved with my job and administrating
the day to day duties of Town Hall and beyond. So, I would be happy to, you know, when I get a
moment maybe on a Sunday morning or a Sunday night, review those websites and learn more about
it.
JUSTICE EVANS: Why don't you give it to Jim Bunchuk?
SUPERVISOR HORTON: Well, the inkjet would be separate and aside from Jim Bunchuk, it would
be, sometimes you would really actually want to talk to Lloyd about what he does currently with the
December 14, 2004 32
Regular Town Board Meeting
inkjets. But the information that you have would be helpful and I could either get it to Jim or to, or to,
excuse me, you know Jim Bunchuk or Lloyd, you know, the proper person who would be able to do
that.
JUSTICE EVANS: Are you trying to, just Town buildings, recycling inkjets or town-wide?
MS. DOMENICI: I would like to see it town-wide because, I mean, it is our landfill we are talking
about.
SUPERVISOR HORTON: We don't have a landfill.
MS. DOMENICI: Okay.
SUPERVISOR HORTON: We do not have a landfill.
MS. DOMENIC: We don't?
SUPERVISOR HORTON: No.
COUNCILMAN ROMANELLI: Nothing gets buried here.
SUPERVISOR HORTON: We have a transfer station.
MS. DOMENICI: Okay.
SUPERVISOR HORTON: Don't get me wrong, everything ends up in a landfill somewhere ....
MS. DOMENICI: It does. So if it is not ours, it is somebody else's.
SUPERVISOR HORTON: We can't absolve ourselves of responsibility.
MS. DOMENICI: Right. And what I might just simply say, you know, you may see this as another
thing on your plate to have to do and as much as the program kind of maintains itself in that you
simply sign up for the program and then they send you pre-labeled boxes, shipping boxes, so all you
have to do is throw your inkjet cartridges in there, put some tape on it and send it back. If you would
really like to know how the program really works, you should speak with the director of the Mattituck-
Laurel library, Kay Fagel, because we are deriving a great deal of benefits, we are having a lot of
people participate. But that is just one little library doing it. I plan to speak at the Mattituck, the next
Board meeting for the school district because I would like the school district to get involved as well,
but I don't think you can get too many people involved in this, frankly. Because maybe somebody
may not want to drive to Mattituck to get rid of their inkjet cartridge or their cell phone.
SUPERVISOR HORTON: Well, we will definitely, Dan Ross is familiar with Mattituck's program so,
he will sort of....you are now our advisor on this item.
December 14, 2004 33
Regular Town Board Meeting
MS. DOMENICI: Okay, I will send you the links to the websites, Josh.
address.
Because I have your e-mail
SUPERVISOR HORTON: You surely do.
MS. DOMENICI: Okay, so I will send it to you. Okay?
SUPERVISOR HORTON: Great.
MS. DOMENICI: Thanks for your time.
SUPERVISOR HORTON: Thank you very much. Have a great holiday. Gwynne.
GWYNNE SCHROEDER: I was just going to say I would have to speak to Marie later because she is
stealing our business. We actually, at North Fork Environmental Council, installed an inkjet and
phone recycling program about a year ago, so, and it does...
SUPERVISOR HORTON: So there is another model we can look at.
MS. SCHROEDER: Absolutely. And the organization we work with is Collective Good and we
recently, we have received several hundred dollars for our efforts, so it is a good thing. While you are
developing your program, I just invite people to drop their cell phones in. in fact, I took two cartridges
from your Canon copier when I was getting copies made one day. Well, it is a good thing. In the
meantime, you can drop off at our office as well in Mattituck. So thanks.
SUPERVISOR HORTON: Thank you. Yes, Mr. Wills.
FRANK WILLS: Good evening, Frank Wills, Mattituck. While on the subject of recycling, every
week or two, I have to go into New York and I drive in and nothing else to do but watch the traffic. I
started watching and counting the number of garbage trucks heading west and some coming east. Last
week, I counted 92 of these trucks. Now, this is all of Long Island, not just here. So ifI 92, the most I
have seen is 112. I don't know how many of those come from here but obviously 10 or 20 possibly
every other day. Question, have we ever considered talking to a thing called the Long Island Railroad
to use rail transportation, instead of trucks?
SUPERVISOR HORTON: I have actually, yes, I have formally requested Long Island Railroad to
allow scheduled freight to, so we could actually utilize rail cars to ....
MR. WILLS: Because one rail car equals five or six trucks.
SUPERVISOR HORTON: There are regulatory issues...
MR. WILLS: Oh, yeah.
December 14, 2004 34
Regular Town Board Meeting
SUPERVISOR HORTON: .... I mean, right now we are talking about time where the MTA is talking
about cutting service let alone, put more rail on the tracks. I have requested, I have beaten on the
doors of the MTA and the LIRR about it and I have gotten nowhere with it, to be quite frank with you.
COUNCILMAN WICKHAM: The proposed new transfer station specifically has the capacity to
forward our waste to a railroad station.
SUPERVISOR HORTON: Right. Throughroll-on and roll-off containers.
MR. WILLS: Great, thank you.
SUPERVISOR HORTON: So if that becomes available on our line out here, we would certainly make
use of it. Yes, Ms. Norden.
MELANIE NORDEN: Melanie Norden, Greenport. A few weeks ago, the New York Times wrote an
article on the presumed dissatisfaction of some residents of Fishers Island regarding their loss of a
representative on Town Board of Appeals, I believe. And the article indicated that some people are,
maybe Justice Evans could speak to this, some people on Fishers Island were considering seceding
from the Town of Southold and perhaps affiliating with the State of Connecticut. Supervisor Horton
was quoted as saying that he didn't see that was going to be a possibility, would be too expensive or
too cumbersome a process. I wondered maybe, Justice Evans, if you could address if whether there
have been any further discussions with any of the people on Fishers Island about these concerns and
what the status of this presumed discontent is?
JUSTICE EVANS: They are still very discontented about losing the ZBA position but the talk about
secession from one state to another state, I think that actually came from the reporter's mouth. The
suggestion did ....
MS. NORDEN: Well, he quoted several...
JUSTICE EVANS: .... I don't think it was the main topic of conversation. I think more people have
talked in the past and it was brought up again and more seriously thought about was incorporating into
our own village. Secession, the idea is out there now but I don't, no one has really looked into it, done
a lot of research on it. It was an idea that was floated by the reporter that did that article and started
people talking about it.
MS. NORDEN: I understood from reading the article that somebody had been quoted about the idea
but nevertheless, have there been any discussions with any of the residents on Fishers Island, on the
part of the Town Board given their concerns about the loss of their representative?
SUPERVISOR HORTON: Actually, I meet with residents of Fishers Island on a quarterly basis. I go
over to Fishers Island, I meet with Justice Evans, I meet with members of the Fishers Island Civic
Association, as well as the, is it the Island's People Project? A number of organizations, so there is, I
have regular meetings with the residents of Fishers Island.
December 14, 2004 35
Regular Town Board Meeting
MS. NORDEN: But have you made any attempt to address the concern that they have lost
representation?
SUPERVISOR HORTON: Yes ....
MS. NORDEN: And what attempt have you made?
SUPERVISOR HORTON: Excuse me, may I finish?
MS. NORDEN: I am asking what attempt you have made?
SUPERVISOR HORTON: Okay. Well, it is not attempt.
MS. NORDEN: Whatever it is, what have you done?
SUPERVISOR HORTON: The Board as a whole has taken very finn steps on two items. A, we have
in the budget this year monies to retain a Fishers Island resident to counsel the Zoning Board of
Appeals on Zoning Board of Appeals applications specific to Fishers Island. The other thing that we
have committed is that if there is a Zoning Board of Appeals application that requires a public hearing
from Fishers Island, I believe that the residents of Fishers Island would be much better served and this
has not taken place in the past, would be much better served if that public hearing, specific to the
Fishers Island application, were actually held in Fishers Island. And that is another commitment that
we have made.
MS. NORDEN: Well, that sounds excellent.
SUPERVISOR HORTON: Thank you.
MS. NORDEN: What do you mean by counsel, though? In counseling, I mean, will that person
have...
SUPERVISOR HORTON: A consultant, a person, like take for example you know, George Horning.
He is somebody that certainly could provide input, you know, specific to Fishers Island, to the Zoning
Board of Appeals.
MS. NORDEN: So they will provide input but they won't have the same weight as a member of the
Board of Appeals would.
SUPERVISOR HORTON: That is right. They wouldn't have a vote.
MS. NORDEN: So they are advisory only?
JUSTICE EVANS: And while we appreciate the efforts of the Board supplying a consultant like that,
concern on the Island is, well, that is great. Information comes over here to the Board but how do
people on Fishers Island understand the law, get information? Who do they turn to, short of having a
trip over here, having someone that knows the property?
December 14, 2004 36
Regular Town Board Meeting
SUPERVISOR HORTON: Well, they could turn to that person.
JUSTICE EVANS: That is okay if the person has the ability, knows the zoning law but there are very
few people on the Island that do.
SUPERVISOR HORTON: So...
COUNCILMAN ROMANELLI: I have the same concerns here in Southold, though. That we have
one representative for Fishers Island that really represents 250 year round people, who really has the
same voting power as me, that has the ability to make decisions on the mainland. So I have the
concerns, Fishers Island may not feel that they are being properly represented, sometimes I think that
Fishers Island is too represented for the mainland of Southold. That is my opinion.
MS. NORDEN: Well, one of the things that I do, excuse me...
SUPERVISOR HORTON: No, you asked some questions and they need to be answered. The Board
has definitely A., I don't think and I could be wrong but I am not sure if regularly scheduled meetings
with the Supervisor have been something of the norm, in the past. And that is something that I have
instituted and it has been in conjunction with Justice Evans and I have found them very fruitful and in
fact...
JUSTICE EVANS: We appreciate them.
SUPERVISOR HORTON: ... some of the people that were quoted in the New York Times article, you
know, we have had this discussion and you know, those comments that were quoted in the other
Times, I don't believe are necessarily representative of how they truly feel. So, I have, I am at Fishers
Island quite a bit and you know, the concerns are legitimate and by all means, we have really been
working hard even prior to the ZBA issue you know, being an issue, if you will. I worked hard to
really increase communications with the residents of Fishers Island.
MS. NORDEN: And just as a point of information, what is essentially the tax revenue realized yearly
for the Town of Southold?
SUPERVISOR HORTON: I don't know that off the top of my head.
MS. NORDEN: Well, what would you say?
SUPERVISOR HORTON: I am not going to speculate.
COUNCILMAN ROMANELLI: It is about 13 percent.
MS. NORDEN: Thirteen percent of our total budget.
COUNCILMAN ROMANELLI: Of our total tax revenue.
December 14, 2004
Regular Town Board Meeting
MS. NORDEN: Okay. Thanks.
37
SUPERVISOR HORTON: Thank you, Melanie. Are there other comments from the floor? Yes?
MS. DOMENICI: Josh, I sent you an e-mail...
SUPERVISOR HORTON: Your name and address.
MS. DOMENICI: Marie Domenici, Mattituck. I sent you an e-mail on this, I guess the latter part of
the summer regarding the Orient Ferry and the lack of security on the Orient Ferry. This year I had an
occasion to travel, two separate occasions to New London and upon getting my tickets, I made my
reservations by phone and upon getting my tickets at the office in Orient, I was asked to show my
driver's license by the agent servicing myself at that point in time. My husband was standing next to
me and I asked if he needed to show ID and they really didn't care, so he could have been Osama Bin
Laden and it would have been okay because he would have gotten on the boat. While waiting to board
the boat, I counted the amount of vehicles that were coming off and there were about 80 vehicles that
were coming off that boat, seven of which were trucks, four of which were tractor trailers. And that
was a little unnerving to see that we were just so wide open with lack of security. I mean, you have the
college kids are telling you what lane to go into so that you can go into the house and get your tickets
and board once you were able to board. There is absolutely no security as it relates to that boat and it
goes right past Plum Island. Now, I wrote letters to everyone; all the legislators and Assemblywoman
Acampora and I cc'd you on it, Josh, and out of all the people, LaValle, Bishop and everyone, Pat
Acampora was the only one that really took a proactive approach in contacting ....
SUPERVISOR HORTON: Yes. You and I corresponded at length about this and I am the person that
contacted the United States Coast Guard in regard to your concern. The Commander-in-Chief of
Coast Guard group Long Island Sound.
MS. DOMENICI: Okay. I am sorry then, I thought it was Pat Acampora.
SUPERVISOR HORTON: She may have as well. I mean she is very responsive.
MS. DOMENICI: Well, I did get two calls, so maybe it was from two different sources. Although
they did admit that they have a presence on that boat and of course, it would be a covert operation,
certainly they are not going to walk around with machine guns and uniforms, but there is absolutely no
security on those boats. When you are on, you are at their mercy. The second time, and coming back
from when I got my tickets in New London on my return trip, nobody asked me for ID, nobody cared.
As long as I had a ticket, I was able to board. The second trip I counted 105 vehicles coming off that
boat and I have got to tell you, it was very disconcerting to be there and I think that the Orient Ferry
owners should have, they need to show a presence, you know, I am not asking the Town to foot the bill
because I don't want to pay for that but I think it behooves the owners of the ferry to, you know, if you
were shop owner and you shoveled your walk in the front so that no one falls down and breaks their
face and sues you, that is one thing. But when you have the ferry and you have no interest in providing
even a presence that there is security surrounding that boat or the trip on that boat...
December 14, 2004 38
Regular Town Board Meeting
SUPERVISOR HORTON: Generally speaking in the maritime trades that the shipping companies,
particularly passenger maritime companies will provide what federal law requires them to provide.
That is what they will do. If the United States Coast Guard requires them to carry armed guards or
security, that is what they will carry. What you have here is not just of this ferry but ferries throughout
the nation, you know, the Washington Ferry system is inter-state, I mean international, you know, the
inland passage ferry system all the way up to Alaska. It stops in British Columbia. These are all,
including the Cross Sound Ferry, these are all regulated by the federal government solely. And you
know, I could, my experience is not only within the Coast Guard as an officer but also somebody from
the local level. Trying to get the federal government to move is like, I don't mean to make a pun but
you know, like trying to, you know, turn a battleship.
MS. DOMENICI: Well, I understand that.
SUPERVISOR HORTON: And they have installed security cameras at both terminals, through
Department of Homeland Security grants.
MS. DOMENICI: Well, then I guess they could see who did the damage, after the damage occurs.
SUPERVISOR HORTON: Well I mean it is also, if you think about it, you know, and your point is
well made if you think about when you go to the Midtown tunnel in New York City is if there is a
concern, New York City is, because of recent history will tell you that it is, you know, suffers from the
highest threat of situations of that nature. You can go through the Midtown tunnel anytime of day
when the checking you is the easy pass.
MS. DOMENICI: Well, you can go to the Midtown tunnel, I am not going.
SUPERVISOR HORTON: But you understand my point.
MS. DOMENICI: Yes, I understand. I do. But I also feel that there should be something on the front
end, I think the ferry owners need to take responsibility for that because, you know, I am not a terrorist
and I saw a whole bunch of opportunities. You know ....
SUPERVISOR HORTON: To hijack the ferryboat?
MS. DOMENICI: I am sorry?
SUPERVISOR HORTON: To hijack the ferryboat?
MS. DOMENICI: Sure and that can be done easily and truly, and you know, I am not a person of that
caliber so I, you know, certainly but as a person who is just riding it, I mean it is just obvious, that their
security is so lackadaisical there, that is just a place for an opportunist to just come in and you know,
100 dead Americans is just as good as 1,000 dead Americans, so it doesn't make a difference.
SUPERVISOR HORTON: It is just as bad.
December 14, 2004 39
Regular Town Board Meeting
MS. DOMENICI: So, anyway, I just wanted to bring that up to the Board, if you could maybe make
the people who own the ferry a little more accountable on the front end and do something that is, you
know, a little more in the eye of the public. Thank you.
SUPERVISOR HORTON: Thank you very much. That concludes the meeting but prior to wrapping
up and leaving, I just want to really take the opportunity to thank the Board, we have one more
meeting but since it is right before Christmas the next meeting I am sure will be quite light on
December 28th, I just want to thank the Board, Pat Finnegan and your legal stafl} Kieran-if you are still
here, Betty Neville and the Board at large, for just having a wonderful year. A lot of progress, extreme
steps made in the best interests of the Town on many different fronts; public safety, planning and the
efficiencies within Town Hall. The Board has done a phenomenal job and I have really enjoyed
working with you all over the course of the past year. Also Jeri Woodhouse, Chairwoman of the
Planning Board; actually last night I was at O'Mally's getting an order to go and somebody
approached me and said 'I just want to let you know that the Planning Board under the leadership of
the Chair does a fantastic job.' So the word is out on the street about how good of a show that you run
with the Planning Board and just the people that work at Town Hall that support the everyday mission
of town government and so, I just want to say thanks and thanks to the public for keeping on coming to
the meetings. Motion to adjourn.
Moved by Supervisor Horton, seconded by Councilman Edwards, it was
RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at
6:20 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.
SUPERVISOR HORTON: This meeting is adjourned. Have a great holiday season.
Elizabeth A. Neville
Southold Town Clerk