HomeMy WebLinkAboutTB-12/28/2004SOUTHOLD TOWN BOARD
REGULAR MEETING
December 28, 2004
7:30 P.M.
A Regular Meeting of the Southold Town Board was held December 28, 2004 at the Southold
Town Hall, Southold, New York. Supervisor Horton opened the meeting at 7:30 P.M. with the Pledge
of Allegiance to the Flag.
Present: Supervisor Joshua Y. Horton
Councilman John M. Romanelli
Councilman Thomas H. Wickham
Councilman Daniel C. Ross
Councilman William H. Edwards
Town Clerk Elizabeth A. Neville
Town Attorney Patricia A. Finnegan
Absent: Justice Louisa P. Evans
SUPERVISOR HORTON: Good evening and welcome to the December 28th 7:30 P.M. meeting of the
Southold Town Board. Please rise and join with me in the Pledge of Allegiance to the Flag. If we
could remain standing and observe a moment of silence for those who have been directly impacted by
the natural disasters that have affected the Indian Ocean countries. And let's just hope that all the
world powers unite to affectively address this heartbreaking situation. We have a fairly light agenda
this evening and we actually have fairly light audience this evening as well. We do have reports,
public notices and communications; all available for public consumption at the Town Clerk's Office,
which is open Monday through Friday, 8:00 A.M. to 4:00 P.M. if anybody should care to review those.
We also open the floor to the public several times over the course of the evening, the first time being
prior to the reading of any of the resolutions on the printed agenda, we invite the public to address the
Board on specific resolutions. As well, over the course of public hearing that we will have this
evening, we will again open the floor as a dedicated time for specific input for this public hearing that
December 28, 2004 2
Southold Town Board Meeting
is on the agenda this evening and we will also open the floor, as we always do, at the end of the
meeting for the public to address the Board on general town related business. Would anyone care to
address any of the resolutions that are on the agenda this evening? (No response) We will move
forward then, with our first resolution of the evening. #894.
COUNCILMAN EDWARDS: Do we need to approve the minutes?
SUPERVISOR HORTON: Oh, yes, thank you. When Justice Evans isn't here, I am thrown ofl~
Moved by Councilman Romanelli, 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 $223,739.21; General Fund Part Town bills in the amount of $7,272.88;
Highway Fund Part Town bills in the amount of $149,657.67; Capital Projects Account bills in the
amount of $102,385.99; Community Preservation Fund (2% Tax) bills in the amount of $35,427.75;
New London Terminal Project bills in the amount of $225.00; Fishers Island Ferry District bills in the
amount of $99,298.22; Refuse & Garbage District bills in the amount $148,439.81; Southold
Wastewater District bills in the amount of $68.08; Fishers Island Sewer District bills in the amount of
$62.20; Southold Agency & Trust bills in the amount of $8,882.89; Fishers Island Ferry District
Agency & Trust bills in the amount of $138.90.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
RESOLVED that the Southold Town Organizational Meeting be held Tuesday, January 2, 2005 at
11:00A.M. at the Southold Town Hall, Southold, New York.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
RESOLVED that the next Regular Meeting of the Southold Town Board be held Tuesday, Januaryl 8,
2005 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, Supervisor Horton.
This resolution was duly ADOPTED.
I. REPORTS
1. Island Group Administration, Claim Lag Report through November 30, 2004
II. PUBLIC NOTICES
1. NYS Department of Environmental Conservation Notice of Complete Application of New
Suffolk Shipyard to maintenance dredge the entrance of School House Creek, Cutchogue
Harbor, Old Harbor Road, New Suffolk, Town of Southold. Oral and written comments
December 28, 2004
Southold Town Board Meeting
received February 1, 2005 at 10:00 A.M., Cutchogue Firehouse, New Suffolk Road,
Cutchogue.
2. New York State Department of Transportation Notice of Order to reduce the speed limit from
35 mph to 30 mph on all road in the Great Hog Neck, Southold area. Order effective upon
installation of necessary traffic control devices.
3. NYS Department of Environmental Conservation Notice of proposed aquaculture activity by
Roger Comell allowing the placement and operation of an off-bottom culture of shellfish grow-
out activity on public underwater lands in Hog Neck Bay, Town of Southold. Written
comments by January 14, 2005.
4. Department of the Army, New York District, Corps of Engineers, Notice of application of
David Corcoran to dredge Eugene's Creek, Little Peconic Bay, Cutchogue, Town of Southold.
Comments by January 19, 2005.
5. Department of the Army, New York District, Corps of Engineers, Notice of application of
Kevin O'Malley to remove and replace an existing docking facility in Dawn Lagoon, Gardiners
Bay, village of Greenport, Town of Southold. Comments by January 19, 2005.
6. Department of the Army, New York District, Corps of Engineers, Notice of application of
Anderson Fisheries Inc. to establish an off-bottom shellfish harvesting operation in Long Island
Sound, Cutchogue, Town of Southold. Comments by January 17, 2005.
7. Department of the Army, New York District, Corps of Engineers, Notice of application of Alan
Cardinale to construct a communal U-shaped timber dock in James Creek, Great Peconic Bay,
Mattituck, Town of Southold. Comments by January 17, 2005.
III. COMMUNICATIONS
None
#892
Moved by Councilman Romanelli, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2004 budget as follows:
To:
A.1680.4.400.350 AS400 Maintenance
From:
A. 1680.4.400.352 Printer Maintenance
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
$1000.00
$1000.00
Councilman Ross, Councilman Wickham,
#893
Moved by Councilman Edwards, 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 the Deeds and conveyance docmnents between the
County of Suffolk and the Town of Southold for the following Suffolk County tax map parcels~
all in accordance with the approval of the Town Attorney:
Dist. 1000, Sect. 056, Block 01, Lot 2.15 (park/open space)
Dist. 1000, Sect. 056, Block 01, Lot 2.34 (road system)
Dist. 1000, Sect. 059, Block 04, Lot 5.9 (park/open space)
December 28, 2004
Southold Town Board Meeting
Dist.
Dist.
Dist.
Dist.
Dist.
Dist.
Dist.
Dist.
Dist.
Dist.
Dist.
Vote of the
4
1000 Sect. 059
1000 Sect. 074
1000 Sect. 079
1000 Sect. 079
1000 Sect. 084
1000 Sect. 095
1000 Sect. 100
1000 Sect. 100
1000 Sect. 102
1000 Sect. 107
1000 Sect. ll3
Town Board:
Block
Block
Block
Block
Block
Block
Block
Block
Block
Block
Block
Aye:
04, Lot 7 (road system)
01, Lot 44.11 (park/open space)
03, Lot 30 (park/open space)
07, Lot 041 (park/open space)
01, Lot 6.18 (park/open space)
04, Lot 18.41 (park/open space)
03, Lot 10.16 (park/open space)
03, Lot 15.14 (park/open space)
08, Lot 35 (park/open space)
02, Lot 3.15 (park/open space)
14, Lot 11 (park/open space)
Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
#894
Moved by Councilman Ross, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the letter of resignation
from Michael J. Domino~ from his position as chairman and member of the Southold Town Tree
Committee, effective December 31, 2004.
SUPERVISOR HORTON: I would just like to say that Mr. Domino and his colleagues on the Tree
Committee over the course of 2003-2004, they have been a tremendous benefit to the Town. While we
are sad to see him go, as he brought so much to the Committee, I am also very pleased to say at this
point that we have had significant interest in letters, of people who have issued letters in regard to
participation on the Tree Committee, so I think in 2005 we will have a very strong and exciting,
vibrant Tree Committee to look forward to, to work with the Town Board.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
#895
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the letter of resignation
from Marilyn LoPresti~ Ph.D.~ from her position as a member of the Southold Town Tree
Committee, effective December 9, 2004.
SUPERVISOR HORTON: Dr. LoPresti was, as well, an invaluable member.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
#896
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
~Vhole Town 2004 budget as follows:
December 28, 2004
Southold Town Board Meeting
To:
Revenues
A.2705.40
From:
A.3510.2.400.100
Gifts & Donations
Other $1,400.00
Control of Dogs, Capital Outlay
Engineering
$1,400.00
SUPERVISOR HORTON: We should not do that.
COUNCILMAN ROMANELLI: No?
SUPERVISOR HORTON: We will continue on, we will just make a motion.
COUNCILMAN ROMANELLI: I made it.
SUPERVISOR HORTON: Is there a second?
COUNCILMAN WICKHAM: Could he ....
SUPERVISOR HORTON: Well, why don't we second it and then we will properly table it and amend
it. Seconded by Councilman Wickham. For discussion, resolution 896 should read, actually, 896
should probably be taken off altogether, ifI am not mistaken.
COUNCILMAN WICKHAM: In my 896, we are appropriating $1,400 as gifts.
TOWN ATTORNEY FINNEGAN: For Bradley.
COUNCILMAN ROMANELLI: I am going by the agenda here.
TOWN ATTORNEY FINNEGAN: This is paying Mr. Bradley's bill.
SUPERVISOR HORTON: Okay. So then, okay, so we don't, we can move forward with #896 as
read, if this is to cover...
COUNCILMAN WICKHAM: I think somebody ought to read it kind of carefully.
SUPERVISOR HORTON: Okay. #896, just re-read into the record; it is already a motion on the table
that has a second, is to authorize modification to the General Fund 2004 budget to appropriate donated
funds for the review of shelter plans for the proposed animal shelter and that is $1,400 Gifts and
Donations for the plans that Mr. Bradley reviewed and commented on for the Town Board. Okay. Any
further discussion on that?
COUNCILMAN ROMANELLI: I got it.
SUPERVISOR HORTON: Alright.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
#897
Moved by Councilman Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 General Fund
Whole Town budget as follows:
Appropriations:
To:
A.1010.4.500.300
A.1310.1.100.300
A.1640.4.100.200
A.3510.4.400.900
From:
A.1310.1.100.400
Town Board, Environmental Consultants
Accounting, FT Vacation Earnings
Central Garage, Gasoline & Oil
Control of Dogs, NF Animal League
Accounting, FT Sick Earnings
$ 5,000
1,500
1,750
6,000
$1,500
December 28, 2004 6
Southold Town Board Meeting
A.1640.4.400.650 Central Garage, Vehicle Repairs
A.9015.8.000.000 Police & Fire Retirement
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
1,750
11,000
Councilman Ross, Councilman Wickham,
#898
Moved by Councilman Ross, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 General Fund
~Vhole Town budget as follows:
Appropriations:
To:
A.8160.4.400.100
Refuse & Garbage
DEC Environmental Monitor
From:
A.9015.8.000.000 Police & Fire Retirement
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
$1,200
$1,200
Councilman Ross, Councilman Wickham,
#899
Moved by Councilman Wickham, seconded by Councilman Ross, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the Highway Fund~
2004 budget as follows:
TO:
DB.5110.4.100.995 General Repairs $1341.75
Contractual Expenses
Supplies and Materials
Signs and Sign Posts
FROM:
DB.5110.4.100.900
General Repairs
Contractual Expenses
Supplies and Materials
Resurfacing Projects
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
$1341.75
Councilman Ross, Councilman Wickham,
#9OO
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:
December 28, 2004
Southold Town Board Meeting
To:
A.1620.2.500.975
From:
A.5650.4.100.905
7
Buildings & Grounds/Equipment
Rec Ctr Parking Lot Improvements
Off Street Parking, C.E.
Asphalt
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
$3,595.99
$3,595.99
Councilman Ross, Councilman Wickham,
#9O 1
Moved by Councilman Edwards, seconded by Councilman Wickham, it was
RESOLVED that pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6
(2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold
hereby sets Tuesday, January 18, 2005, at 8:00 p.m., Southold Town Hall, 53095 Main Road,
Southold, New York as the th-ne and place for a public hearing for the purchase of the property
owned by Harold Reese Jr., Ronald Reese, and Christine Reese McCulloch. Said property is
identified as SCTM #1000-45-5-5 and 70380 Main Road, Greenport. The property is located on
the south side of NY State Route 25, approximately 100 feet West of Silvermere Road in Greenport.
The proposed acquisition is for the entire 47.314± acre property. The exact area of the purchase is
subject to survey.
The purchase price for the property is $2,250,000 (iwo million iwo hundred and fifty thousand) dollars.
Funds for the purchase are expected to include a re-imbursement of $1,000,000 (one million dollars)
from a Coastal Wetlands Grant from the United States Fish and Wildlife Service to come through the
New York State Department of Environmental Conservation, and a $500,000 (five hundred thousand)
donation to the Town of Southold from The Nature Conservancy.
The property is listed on the Town's Community Preservation Project Plan as property that should be
preserved for purposes of open space, park, nature preserve and wetland protection. Proposed uses of
the property may include the establishment of a nature preserve, passive recreational area with trails
and limited parking for access purposes. The Nature Conservancy will be working in partnership with
the Town to prepare a Pipe's Cove/Arshamomaque Park Plan as a blueprint for a natural park area
including the Reese property and other preserved properties in the Pipes Cove area.
FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of
land is on file in the Land Preservation Department, Southold Town Hall Annex, Southold, New York,
and may be examined by any interested person during business hours.
COUNCILMAN EDWARDS: It is actually across the street from the drive-in in Greenport.
SUPERVISOR HORTON: You mean the old drive-in there?
COUNCILMAN EDWARDS: Yeah, you couldn't catch much there today.
SUPERVISOR HORTON: I actually remember...
COUNCILMAN EDWARDS: A little malaria, maybe.
SUPERVISOR HORTON: What a thing to say.
COUNCILMAN EDWARDS: Well, it is wetlands.
SUPERVISOR HORTON: Bill did mention before the meeting he is running a fever of 102.
COUNCILMAN EDWARDS: I have taken my quinine.
SUPERVISOR HORTON: I actually saw, I remember seeing a couple of movies there as a kid.
December 28, 2004 8
Southold Town Board Meeting
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
Councilman Ross, Councilman Wickham,
#9O2
Moved by Councilman Ross, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 General Fund
~Vhole Town Buildings & Grounds budget as follows:
From:
Buildings & Grounds, C.E.
Miscellaneous Supplies $ 1,357.53
A.1620.4.100.100
To:
A.1620.4.600.100
Buildings & Grounds, C.E.
Properly Taxes
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
$ 1,357.53
Councilman Ross, Councilman Wickham,
#9O3
Moved by Councilman Wickham, seconded by Councilman Edwards, it was
RESOLVED that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 (2%
Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby
sets Tuesday, January 18, 2005 at 8:05 p.m., Southold Town Hall, 53095 Main Road, Southold,
New York as the time and place for a public hearing for the purchase of a development rights
easement on agricultural lands for a certain parcel of property owned by Dorset Farms, Inc.
Said properly is identified as part of SCTM #1000-100-4-8. The address is 4100 Oregon Road (North
Road), Mattituck, New York, and is located on the southerly side of Oregon Road, approximately 769
feet easterly of Elijah's Lane at its intersection with Oregon Road (North Road), in Mattituck. The
development rights easement comprises approximately 31.18 acres of the 33.02 acre parcel. The exact
area of the development rights easement is subject to survey.
The purchase price is $34,000 (thirly-four thousand dollars) per buildable acre. The properly is listed
on the Town's Community Preservation Project Plan as properly that should be preserved due to its
agricultural value. The Town is eligible for a grant from the 2003 Federal Farm and Ranch Lands
Protection Program for partial purchase of this properly and part of the purchase price may be
reimbursed from that agency.
The Town Board had a hearing for this proposed purchase of a development rights easement and
passed a resolution to purchase the development rights on June 29, 2004 (Res. No. 519 of 2004).
However, the Land Preservation Committee and the landowner have negotiated a new purchase price
since the landowner has agreed to the more restrictive easement language required by the Federal Farm
and Ranch Lands Protection Program, therefore allowing the project to become eligible for Federal
grant re-imbursement. The change in purchase price requires a new public hearing.
FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of
land is on file in the Land Preservation Department, Southold Town Hall Annex, 54375 Route 25,
Southold, New York, and may be examined by any interested person during business hours.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Supervisor Horton.
December 28, 2004
Southold Town Board Meeting
This resolution was duly ADOPTED.
9
#9O4
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies 2004 Conununitv
Preservation (2%) budget~ as follows:
To:
H3.1620.4.500.100
From:
H3.1620.4.100.100
Site Development, C.E.
Custer Preserve Site Improvements
Site Development, C.E.
Miscellaneous Supplies
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
$1,560.00
$1,560.00
Councilman Ross, Councilman Wickham,
#9O5
Moved by Councilman Edwards, seconded by Councilman Wickham,
WHEREAS The State of New York provides financial aid for household hazardous waste programs;
and
WHEREAS the Town of Southold, herein called the MUNICIPALITY, has examined and duly
considered the applicable laws of the State of New York and the MUNICIPALITY deems it to be in
the public interest and benefit to file an application under these laws; and
WHEREAS, it is necessary that a Contract by and between the PEOPLE OF THE STATE OF NEW
YORK, herein called the STATE, and the MUNICIPALITY be executed for such STATE Aid;
NOW, THEREFORE, BE IT RESOLVED BY The Town Board of the Town of Southold:
1. That the filing of an application in the form required by the State of New York in conformity
with the applicable laws of the State of New York including all understanding and assurances
contained in said application is hereby authorized.
2. That Supervisor Joshua Y. Horton, or his designee is directed and authorized as the official
representative of the MUNICIPALITY to act in connection with the application and to provide
such additional information as may be required and to sign the resulting contract if said
application is approved by the STATE;
3. That the MUNICIPALITY agrees that it will fund the entire cost of said household hazardous
waste program and will be reimbursed by the State for the State share of such costs.
4. That the MUNICIPALITY or MUNICIPALITIES set forth their respective responsibilities by
attached joint resolution relative to a joint program.
5. That five (5) Certified Copies of the Resolution be prepared and sent to the NYSDEC together
with a complete application
6. That this resolution shall take effect immediately.
SUPERVISOR HORTON: This says that I am, so, I need this resolution to appoint me as the official
representative of the Town. Running for election wasn't enough?
COUNCILMAN WICKHAM: That is in case the election doesn't work.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
December 28, 2004 10
Southold Town Board Meeting
#906
Moved by Councilman Ross, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of the Town Southold hereby adopts the revised
bond esthnate dated September 17~ 2004~ as prepared by the Office of the Town Engineer and
reconunended by the Southold Town Planning Board in the amount of $99,000.00 regarding the
proposed Standard Subdivision of North Fork Industrial Park (Tide Group).
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
#9O7
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
RESOLVED, that the Town Board of the Town of Southold, upon the recommendation of the
Southold Town Planning Board, hereby releases the Letter of Credit No. 020522 in the amount of
$35~200.00 dated May 22~ 2002~ relating to the Minor Subdivision for Raymond J. Akscin~ on the
basis of a letter of completion issued by the Office of the Town Engineer.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
#9O8
Moved by Councilman Romanelli, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
~Vhole Town 2004 budget as follows:
From:
Appropriations:
A.6772.1.200.100
To
Appropriations:
A.6772.4.400.650
Programs for the Aging
Personal Services
Part Time Employees
Programs for the Aging
Contracted Services
Vehicle Maint. & Repair
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
$ 7,000.00
$ 7,000.00
Councilman Ross, Councilman Wickham,
#9O9
Moved by Councilman Edwards, seconded by Councilman Ross, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute a budget modification for the Community Services for
the Elderly Residential Repair Program 2004-2005 contract with the Suffolk County Office for the
Aging, all in accordance with the Town Attorney's approval.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
December 28, 2004 11
Southold Town Board Meeting
#910
Moved by Councilman Ross, seconded by Councilman Edwards, it was
WHEREAS Lauren Standish, provisionally appointed by the Town Board of the Town of Southold
to the position of full-time Secretarial Assistant in the Trustee Office has successfully passed the open-
competitive Suffolk County Department of Civil Service exam for that title; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby permanently appoints Lauren
Standish as a full-th-ne Secretarial Assistant in the Trustee Office effective December 17, 2004,
from the open-competitive Suffolk County Department of Civil Service exam for that title at her
current salary of $42,816.20.
SUPERVISOR HORTON: It should be noted that Mrs. Standish does a fantastic job for the Trustees.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
#911
Moved by Councilman Wickham, seconded by Councilman Ross, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Michael Verity to the
permanent full-time position of Chief Building Inspector in the Building Department at an annual
salary of $57,448.24, effective December 17, 2004, in accordance with the rules and regulations set
forth by the Suffolk County Department of Civil Service.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Supervisor Horton. No: Councilman Romanelli.
This resolution was duly ADOPTED.
#912
Moved by Councilman Romanelli, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
~Vhole Town 2004 budget~ as follows:
TO:
Automobiles
A.3120.2.300.100
FROM:
A.9015.8.000.000
Vote of the Town Board:
Police Retirement
Aye: Councilman Edwards,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
$71,340.99
$71,340.99
Councilman Ross, Councilman Wickham,
#913
Moved by Councilman Edwards, seconded by Councilman Ross, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute an agreement with the County of Suffolk for the 2005
STOP-DWI Program in an amount not to exceed $19,000.00, for the term January 1, 2005 through
December 31, 2005, all in accordance with the approval of the Town Attorney.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
December 28, 2004 12
Southold Town Board Meeting
#914
Moved by Councilman Ross, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Hoppy's
cleaners for the cleaning of the Police uniforms for the 2005 calendar year.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
#915
Moved by Councilman Wickham, seconded by Councilman Ross, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the Highway Fund 2004
budget~ as follows:
TO:
DB.5110.4.100.200
DB.5110.4.100.905
DB.5110.4.400.600
DB.5130.4.100.500
General Repairs, C.E.
Supplies and Materials
Fuel/Lubricants
General Repairs, C.E.
Supplies and Materials
Asphalt Patch
General Repairs, C.E.
Contracted Services
Other Contracted Services
Machinery, C.E.
Supplies & Materials
Parts & Supplies
$20,000.00
3,000.00
200.00
10,000.00
DB.5130.4.400.650
DB.5140.4.100.125
DB.5140.4.600.300
DB.5142.4.100.935
FROM:
DB.5110.4.100.900
Machinery, C.E.
Contracted Services
Maintenance & Repairs
Brush & Weeds/Miscellaneous, C.E.
Supplies & Materials
Miscellaneous Supplies
Brush & Weeds/Miscellaneous, C.E.
Miscellaneous
Travel
Snow Removal, C.E.
Supplies & Materials
Rock Salt
General Repairs, C.E.
Supplies & Materials
Resurfacing Projects
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
5,000.00
4,000.00
600.00
5,000.00
$47,800.00
Councilman Ross, Councilman Wickham,
December 28, 2004 13
Southold Town Board Meeting
#916
Moved by Councilman Romanelli, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby grants a full refund to Stephen
Matteini in the amount of $400.00 as the application before the Zoning Board of Appeals has been
withdrawn.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
#917
Moved by Councilman Edwards, seconded by Councilman Ross, it was
RESOLVED that the Town Board of the Town of Southold hereby grants a partial refund to
Thomas DeWolfe in the amount of $50.00 because the payment submitted exceeded the amount of
the filing fee for the Zoning Board of Appeals.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
#918
Moved by Councilman Ross, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby designates the house of Jan and
Charlotte Jun~blut~ located at 3295 Main Road~ Southold~ New York (SCTM #1000-70-6-20) as a
Southold Town Landmark at the recommendation of the Southold Town Landmark Preservation
Commission.
SUPERVISOR HORTON: I just want to recognize and thank the Jungblut's and you know, thank them
for their participation and also take a moment to note that I think this is telling of the future in regard to
the Landmark Preservation Commission and their ability to attract homeowners, property owners into
the program as well as insure that the legislation we passed just about a month ago, will be effective.
So I want to thank the Landmark Preservation Commission as well as Jan and Charlotte Jungblut.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
#919
Moved by Councilman Wickham, 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 with Network Adjusters~ Inc. to manage
the Town's 2005 self-insurance program for all motor vehicle/no fatflt~ general liability and
professional liability clahns, said agreement subject to the approval of the Town Attorney.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
#92O
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
December 28, 2004 14
Southold Town Board Meeting
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,
New York, on the 28th day of December, 2004 a Local Law entitled "A Local Law in relation to
Residential Site Plan Requirements" now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid
Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 18th of January,
2005 at 8:10 p.m. at which time all interested persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Residential Site Plan Requirements"
reads as follows:
LOCAL LAW NO. 2005
A Local Law entitled, "A Local Law in relation to Residential Site Plan Requirements".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose - In order to provide for the safety, health and welfare of the public, it is necessary and
appropriate to enact standards and requirements for the Plannine Board's review and approval
of residential site plans, which will incorporate the direction adopted in the Town's
comprehensive plannine documents, includine the need for sound and sensible desien
standards, the need for affordable housine within the Town, the need for appropriate park and
recreation areas, the preservation of open space where feasible, and necessary and appropriate
emereency access and transportation features.
II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows:
§100-259.1. Standards for Residential Site Plans.
A. The Plannine Board's review of the application and plans with respect to residential site plans
shall include the followine:
1. The requirement that the applicant attend a pre-submission conference, at which time
the applicant, the Plannine Board and plannine staff shall discuss the salient desien
features of the application. At such conference, the applicant shall be provided with a
copy of the then-existine desien manual as adopted by the Plannine Board.
2.Compliance with the applicable provisions of this chapter.
3. Compliance, where applicable, with Town Law §274-a and General Municipal Law
§239-m.
4. Compliance with construction standards and specifications of the Town Hiehway
Specifications, Chapter A-108 of the Code of the Town of Southold.
5. Compliance with the requirements of the Existine Resources and Site Analysis Plan(s)
(ERSAP) and the allowable density of dwelline units as calculated usine the yield plan
criteria for standard subdivisions set forth in §§106-1 lA and B.2 of the Code of the
Town of Southold, Subdivision of Land.
6. Compliance with the provisions of Article XI, Cluster Development, of Chapter A-106
of the Code of the Town of Southold, Subdivision of Land, as may be applied by the
Plannine Board in its discretion to residential site plans where it determines that such
cluster development shall benefit the Town and the natural and scenic qualities of open
lands. Notwithstandine the requirements of that article or of § 100-259.1 .C herein,
where the Plannine Board deems it to the benefit of the Town, the Plannine Board may,
in its discretion, approve the fulfillment of the park and playeround requirement by the
applicant's installation and maintenance of appropriate recreational facilities on open
space areas created by such clusterine. In determinine what such facilities are
appropriate, the Plannine Board shall consider the number of residential units created,
the proximity and nature of recreational facilities in the surroundine area, the needs of
December 28, 2004
Southold Town Board Meeting
15
the future residents in the subject location and the factors enumerated in §A106-60.C.
In doin~ so, the Plannin~ Board shall establish conditions on the ownership, use and
maintenance of such open lands as it deems necessary to assure the preservation of the
natural, scenic, and/or recreational qualities of such open lands, including, without
limitation, the ~rantin~ and filin~ of restrictive easements in favor of the Town of
Southold, the imposition of covenants and restrictions, or the postin~ of a maintenance
bond. The procedures set forth in Article XI, Subdivision of Land, shall ~overn except
as modified herein. To the extent that this provision may be construed to be in conflict
with Town Law §278 re~ardin~ clustered development, Town Law §274-a re~ardin~
site plan review, or Town Law §§267, 267-a, 267-b or 267-c re~ardin~ the authority of
the Zonin~ Board of Appeals, this provision supercedes and amends such sections
insofar as they place any limitation on the Plannin~ Board's application of such
clustered development to residential site plans or the requirement of the fulfillment of
the park and recreation requirement.
7. Design Considerations:
(a) The location, arrangement, setbacks, size, design, and ~eneral site compatibility
of buildings, structures, landscaping, lighting, and signs, in keepin~ with the
character of the community;
(b) The adequacy, safety and convenience of vehicular traffic access and
circulation, includin~ driveways, ri~ht-of-ways, curb cuts, intersections,
pavement surfaces, traffic controls, and designated areas for access to public
transportation;
(c) The adequacy, safety and convenience of pedestrian and bicycle traffic and
circulation, includin~ sidewalks, walkways, and pedestrian/vehicle conflict
points;
(d) The sufficiency, convenience and appearance of off-street parkin~ and loadin~
areas, includin~ visitor and overflow parking, parkin~ and storage for trailers,
boats, and recreational vehicles, and the provision of alleyways;
(e) The provision of and adequacy of emergency lanes, exits, tap streets, other
safety zones, and the provision of fire hydrants to promote the public safety; and
(f)The proximity of recreational facilities and open space.
Affordable Housin~ Requirement. Every new residential site plan involvin~ the creation of
five (5) or more dwellin~ units shall comply with the requirements of § 106-11B.2(c) of the
Code of the Town of Southold, Subdivision of Land, pertainin~ to the provision of affordable
housing. The requirements applicable to "lots" within "subdivisions" in that subsection shall
apply equally to dwellin~ units in affected residential site plans.
Park and Recreation Requirement. The provisions of §106-60 of the Code of the Town of
Southold, Subdivision of Land, pertainin~ to the reservation of parkland in subdivisions, shall
apply equally to residential site plans approved under this Chapter.
Performance Bond Requirement. The provisions of Article IX, Performance Bonds and Other
Security, and Article X, Required Public Improvements, Inspections, Fees, of Chapter A-106,
Subdivision of Land, of the Code of the Town of Southold, shall apply equally to residential
site plans approved under this chapter.
Phased Development. The Plannin~ Board shall permit the phased development of residential
properties that meet all other applicable standards, but shall condition the approval of the
development of any permitted phase upon the maintenance of the undeveloped phases in their
December 28, 2004
Southold Town Board Meeting
16
undeveloped condition, and shall prohibit all clearin~ and site preparation on such undeveloped
phases until such time as development is permitted.
Plannin~ Board Authority to Vary Requirements for Setbacks, Buildin~ Length and Separation
and Courts. The Plannin~ Board shall have the authority to reduce or amend yard setback
requirements for individual buildings in favor of a perimeter setback for entire ~roups of
buildings, to require that setbacks from interior streets be varied, and to reduce or amend the
requirements of §§100-233 and 234. In makin~ these decisions, the Plannin~ Board shall take
into consideration the benefit to the applicant, as weighed a~ainst the detriment to the health,
safety and welfare of the neighborhood or community. In makin~ such determination, the
Plannin~ Board shall also consider (1) whether an undesirable chan~e will be produced in the
character of the neighborhood or a detriment to nearby properties will be created by the
~rantin~ of the amendment; (2) whether the benefit sought by the applicant can be achieved by
some method feasible for the applicant to pursue, other than the sought variance; (3) whether
the variance is substantial; (4) whether the proposed variance will have an adverse effect or
impact on the physical or environmental conditions in the neighborhood or district; and (5)
whether the alleged difficulty was self-created, which shall be relevant to the decision but shall
not necessarily preclude the proposed amendment or variance. This provision supercedes and
amends New York State Town Law ~§267, 267-a, 267-b and 267-c insofar as these sections
Rive such authority to the Zonin~ Board of Appeals.
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.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
#921
Moved by Councilman Edwards, seconded by Councilman Ross, it was
RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town Clerk
to transmit the proposed Local Law entitled "A Local Law in relation to Residential Site Plan
Requirements" to the Southold Town Planning Board and the Suffolk County Department of
Planning for their recommendations and reports.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
#922
Moved by Councilman Ross, seconded by Councilman Wickham, it was
RESOLVED, that the Town Board of the Town of Southold hereby retains Frank A. Isler~ Esq. as
special counsel in the matter of Pisacano v. ZBA.
December 28, 2004 17
Southold Town Board Meeting
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
Councilman Ross, Councilman Wickham,
#923
Moved by Councilman Wickham, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby retains Design Learned~ Inc. to
provide architectural and engineering services in connection with the construction of a new
Town anhnal shelter, at a cost not to exceed $180,000.00, pursuant to the revised proposal dated
December 21, 2004, and be it further
RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor
Joshua Y. Horton to execute the retainer agreement, subject to the approval of the Town Attorney.
COUNCILMAN EDWARDS: I would just like to say that Councilman Wickham and Town Engineer
Richter and I interviewed a lot of people, looked at a lot of proposals and RFP and we are convinced
that Design Learned is the best firm in the country to do this job. They have actually built ten animal
shelters over the last three years throughout the country and a nice little bonus is that they are located
just across the Cross Sound Ferry in Norwich, Connecticut. And we feel we will get the best possible
animal shelter by working through them.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
#924
Moved by Councilman Romanelli, seconded by Councilman Ross, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 Solid Waste
District budget~ as follows:
To:
SR.8160.4.500.100
SR.9730.6.000.000
SR.9730.7.000.000
From:
SR.9010.8.000.000
SR.9710.6.100.100
SR.9710.7.100.100
Fee For Service, Non-Employ
NYS DEC Env. Monitor
Bond Anticipation Notes
Principal, Ban Principal
B.A.N., Principal
Interest
BAN Interest
B.A.N., Interest
$14,500.00
263,999.92
37,753.20
NYS Retirement
Employee Benefits
NYS Retirement, Benefits
Serial Bonds
Principal
Serial Bond Principal
Interest
Serial Bond Interest
Serial Bond Interest
$14,500.00
263,999.92
37,753.20
December 28, 2004 18
Southold Town Board Meeting
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
Councilman Ross, Councilman Wickham,
#925
Moved by Councilman Edwards, seconded by Councilman Ross, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 Solid Waste
District budget~ as follows:
To:
Appropriations
SR.1420.4.500.100
SR.8160.1.100.200
SR.8160.4.100.400
SR.8160.4.100.525
SR.8160.4.100.596
SR.8160.4.500.300
Non-Employee Legal Counsel
Employee Overtime
Welding Supplies
Payloader/Truck Tires
Maint/Supply Tub Grinder 2
Equipment Lease Whole Town
$ 2,263.14
$ 3,500.00
$ 528.43
$ 155.25
$ 1,038.77
$ 2,837.50
From:
Appropriations
SR.8160.1.200.100 Part-Time Employees Reg Earnings $ 6,323.09
SR.8160.1.300.100 Temporary/Seasonal Employee $ 4,000.00
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
AMENDED by Resolution #67, January 4, 2005
#926
Moved by Councilman Ross, seconded by Councilman Wickham,
WHEREAS, the Town Board wishes to appoint a Hearing Officer to consider disciplinary charges
against a town department employee and suspending that employee without pay pursuant to the Civil
Service Law;
NOW, THEREFORE BE IT RESOLVED, that the Town Board hereby agrees to hire Mary C.
Wilson, Esq. as hearing officer in the disciplinary charges brought against a Town employee; and
FURTHER, BE IT RESOLVED, that the Town Board hereby suspends the employee without pay for
not more than thirty days pending the determination of the charges effective the day after the charges
are served upon the employee; and
RESOLVED that the Town Clerk be directed to forward a copy of this resolution to Richard
Zuckerman, Esq.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
#927
Moved by Councilman Wickham, seconded by Councilman Ross, it was
December 28, 2004 19
Southold Town Board Meeting
RESOLVED that the Town Board of the Town of Southold hereby finds that the local law entitled~
"A Local Law to amend the Street Excavations Chapter of the Town Code of the Town of
Southold" 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, Supervisor Horton.
This resolution was duly ADOPTED.
#928
Moved by Councilman Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Planning Board to advertise for the position of Senior Planner in the Southold Town Planning
Department at a salary of $46,061.78 on the American Planning Association's Job Mart website.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
#929
Moved by Councilman Romanelli, seconded by Councilman Edwards,
WHEREAS, the Town Board of the Town of Southold recognizes and appreciates the vital role that
the Village of Greenport's Mitchell Park plays in providing a recreation and park outlet that is enjoyed
by residents throughout the Town; and
WHEREAS, capital improvements are ongoing in Mitchell Park that when complete will serve to
further benefit all Southold Town residents; and
WHEREAS, the Town of Southold has a dedicated fund that is designed to finance park and
recreation projects that will benefit Town residents, the Town Board feels that a financial contribution
to the Village of Greenport of $100,000.00 from the Park and Playground Fund for ongoing Mitchell
Park capital improvements meets without question the criteria for use of said fund; now, therefore be it
RESOLVED, that the Town of Southold will appropriate such funds and allocate them for capital
hnprovements to Mitchell Park in the Village of Greenport; and be it further
RESOLVED, that distribution of said funds will require the execution of a cooperation agreement
with the Village of Greenport, subject to the approval of the Town Attorney, which will specify, inter
alia, the improvements to be funded by this appropriation and that the town will make payment of the
specified improvements upon completion of work.
SUPERVISOR HORTON: Essentially #929 and #930, I will speak on #929, the Town of Southold has
a Parks and Recreation fund and that fund is designed specifically for the Town to participate in either
the direct creation or assist in financially the expansion, renovation or implementation of parkland or
recreation sites throughout the Town. Greenport is obviously a thriving portion of Southold Town and
Mitchell Park is one of the main recreation attractions in the Town of Southold that serves not only
Greenport Village residents but residents throughout Southold Town and that is what this resolution
essentially entails. That the Town realizes that, appreciates that and it is a help to the entire Town and
we feel it is incumbent upon us to assist where possible and we feel this is one way in which we can
help the Village of Greenport realize their goal of completing Mitchell Park, which is obviously in
sight..
COUNCILMAN ROMANELLI: They are almost there.
December 28, 2004 20
Southold Town Board Meeting
SUPERVISOR HORTON: ...they have done a fantastic job and it is wonderful for the whole Town.
So, that is essentially what #929 is about.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
#93O
Moved by Councilman Edwards, seconded by Councilman Wickham,
WHEREAS, the Town Board of the Town of Southold recognizes and appreciates the central role that
the playing fields at Aldrich Lane in the Mattituck Park District play in providing a recreation and park
outlet that is enjoyed by residents throughout the Town; and
WHEREAS, capital improvements are necessary to the playing fields at Aldrich Lane in the Mattituck
Park District that when complete will serve to further benefit all Southold Town residents; and
WHEREAS, the Town of Southold has a dedicated fund that is designed to finance park and
recreation projects that will benefit Town residents, the Town Board feels that a financial contribution
to the Mattituck Park District of $100,000.00 from the Park and Playground Fund for certain capital
improvements meets without question the criteria for use of said fund;
IT IS HEREBY RESOLVED, that the Town of Southold will appropriate such funds and allocate
them for capital hnprovements to the pla.~ng fields at Aldrich Lane in the Mattituck Park
District; and
BE IT FURTHER RESOLVED, that distribution of said funds will require the execution of a
cooperation agreement with the Mattituck Park District, subject to the approval of the Town Attorney,
which will specify, inter alia, the improvements to be funded by this appropriation and that the town
will make payment of the specified improvements upon completion of work.
SUPERVISOR HORTON: Essentially #930 achieves the same goal and Councilman Ross, I want to
thank you for bringing this to our attention, as well a letter that we received from Joe Phaff from the
North Fork Soccer Club and Councilman Ross has really taken it upon himself to educate the Board on
this matter and to highlight to the Town Board how important those fields are as a recreation outlet for
the Town and if we can work with the Park District in a way that provides you know, an enhanced
recreation opportunity that is going to benefit residents throughout Town, then again this is something
that this is an obvious worthwhile endeavor. So both 929 and 930 will require some agreements
between the Village of Greenport as well as the Mattituck Park District, which I think we can work
out.
COUNCILMAN ROSS: And basically specifically this is in connection with the lighting situation,
which is used extensively down in the Aldrich fields and improvements to shore up or provide new
lighting and improvements necessary for that lighting. I think it is a good use of the Town Park and
Recreation fee, as is the expenditures for Greenport, where it goes to good use.
SUPERVISOR HORTON: Certainly. Absolutely.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
Moved by Councilman Wickham, seconded by Councilman Ross, it was
RESOLVED that this meeting of the Southold Town Board be and hereby is declared recessed in order
to hold a public hearing on the matter of (1.) HEARING ON "A LOCAL LAW TO AMEND THE
STREET EXCAVATIONS OF THE TOWN CODE OF THE TOWN OF SOUTHOLD."
December 28, 2004 21
Southold Town Board Meeting
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
Councilman Ross, Councilman Wickham,
Meeting reconvened at
#931
Moved by Councilman Wickham, seconded by Councilman Edwards,
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,
New York on thel4th 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," 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 an opportunity to be heard, now therefor be it
RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law:
Local Law No. 27 2004
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.
I. 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 pohcy ............ ~ ...... ; -t~t~ .......
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.) aeneral aaareaate. Policy to include coveraae for explosion,
collapse and underaround hazards (XCU coveraae),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~,.v.~.~., 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 5~!!cws:
December 28, 2004 22
Southold Town Board Meeting
B. Thc afcrement~¢ne~ fees shall be paid to the Town Clerk prior to the issuance of the
permit.
§ 83-14. Penalties for offenses.
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
................... ~ ..... ). one thousand dollars-($1000.) Each day any such violation shall continue shall
constitute a separate and distinct offense.
G: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, te .....
...... ~n~,~ for any and all civil remedies
available at law, includin~ 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
§~ ~ 5 an~ 83-6 insofar as it may accept such other ................... ~ndemmficat~on documents as it
deems appropriate under the circumstances.
III. Severabflity. 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.
SUPERVISOR HORTON: I want to just acknowledge Councilman Romanelli's role in bringing this to
the Board's attention and ensuring that this shift, this change got done. While it seems minor and
probably isn't front page news, it is something that will provide a much smoother administrative
process for the Town Clerk's office, the Highway Department as well as bring the Town into the 21st
century in regard to that fee.
COUNCILMAN ROMANELLI: And while we are giving out thank you's, I want to thank Betty's
office and Pat's office because they were able to gather all the information and make the job easy. So
thank you.
SUPERVISOR HORTON: You are absolutely right. No doubt, the Attorney's office again and the
Clerk's office as well.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
SUPERVISOR HORTON: That concludes our resolutions and I won't keep the Board too much
longer, I know that people have and I want to thank the Board because I know many of you put off
personal family vacations to have this meeting, this last meeting of the year, so I know you want to get
out of here and maybe start those, at least for a couple of days that we have left. I further wanted to
December 28, 2004 23
Southold Town Board Meeting
thank the Traveler-Watchman for actually having a reporter here tonight. I think it is very important
that if we are working, if we are having a meeting, that the papers are there as well, so please, thank
the editor of the paper and thank you for being here, for the Traveler-Watchman. The only paper in
town tonight. And speaking of which, because many people watch this meeting, in 2005, we will be
continuing our policy of the Town Board, which is to on an annual basis recognize that there are two
papers in the Town of Southold, two substantial newspapers and we move the distribution of the legals
on an annual basis back between those two papers. So in '04 it was the official paper was the Suffolk
Times and in 2005, it will be the Traveler-Watchman. So I always ask people to keep an eye out for
that and be cognizant of what is the official paper is in 2005.
COUNCILMAN ROMANELLI: And it is not because they are here tonight.
SUPERVISOR HORTON: It is important, you know, there are two newspapers in Town and we have
to be fair and balanced. We should encourage the papers to be that way. But thank you for your fair
and balanced coverage on a regular basis, you have done a great job. And I just want to make a note in
regard to this Town Board. You know, I have read coverage and I have heard discussion in regard to
the Board and the fact that we get along and get things done and I think it is a real testimony to each
and every person that is on the Board. In 2004, you know, we were a newly constituted Board and we
set forth an aggressive agenda to deal with, you know, the many challenges that our community faces.
Farmland preservation, affordable housing, environmental protection, quality of life and enhanced
public safety are all issues that have been our focus and taken up every bit of our time. The spirit of
the Board has been one of cooperation and a bipartisan approach to governing. It has been a year of
hard work, togetherness, and true progress. We have all compromised and we have all put our heads
together and worked hard to address the many issues that faced the community in 2004 and I am
excited about 2005. In 2004 we have worked hard to address affordable housing, laying a
groundwork, laying the proper foundation, conducting the necessary needs assessment, so we can
effectively address the affordable housing issue as it effects young, you know, young families and
senior citizens as well, and we have done that through the coordination of Philip Bellz and a
tremendous amount of public input and professional input. Farmland preservation, the Town Board
should be congratulated on passing a massive piece of legislation, the subdivision code; the newly
instituted subdivision code that mandates 60% preservation, open space, of open space out of the gate.
And that is something that no other Town in Long Island has ever stepped up to do and you have done
that and you have also put incentives in the subdivision code that will greatly enhance the Town's
preservation effort; preserving farmland, open spaces and critical wildlife habitats and you are to be
commended for that. Assisting the Trustees in adopting massive wetlands legislation that is going to
insure a voice for wetlands and our creek front and sound front and bay front properties that are
important to manage properly and you have given the Trustees the tool to do that; both in their office
as well as through the legislative process. That took a lot of heavy lifting and it took a lot of stepping
up to the plate and you are to be commended. In regard to public safety, you, the Town Board has
given the Police Department the tools it needs to grow and meet the needs a small town, that is
becoming a small town in a fast world, the 21st century, requires. So, I, it has been a wonderful time
working with you in 2004 and I am excited to work with you again in 2005.
COUNCILMAN ROSS: We are too, Josh. I think on behalf of the Board I can say your consensus
building and your tireless communication between Board members to bring about consensus is
appreciated and we are looking forward to 2005.
December 28, 2004 24
Southold Town Board Meeting
SUPERVISOR HORTON: Did you say tireless or tiresome?
COUNCILMAN ROSS: A little bit of both. Until we reach consensus.
SUPERVISOR HORTON: On that note, I hope you had a great holiday weekend and I hope you have
a very safe and warm, comfortable New Year's holiday. Warm with the sense of being with family
and friends. So have a great New Year's Eve and as my eight and a half year old daughter just loves to
say, 'See you next year.' Motion to adjourn?
Moved by Councilman Wickham, seconded by Councilman Ross, it was
RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at
8:22 P.M.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Supervisor Horton.
This resolution was duly ADOPTED.
SUPERVISOR HORTON: Have a great evening and I hope you enjoyed this meeting. Yes, sir?
INAUDIBLE COMMENT FROM AUDIENCE
SUPERVISOR HORTON: You know, that is a very good point.
INAUDIBLE COMMENT FROM AUDIENCE
SUPERVISOR HORTON: Oh, I wouldn't want to be accused of postponing anything until next year
and Mr. Wills, thank you for bringing that to my attention. It got wrapped up in the holiday spirit. Mr.
Wills, please, by all means.
FRANK WILLS: Frank Wills, Mattituck. While driving along 48 the last few weeks, I have noticed
the construction is going on on Strawberry Fields. Construction of a fence, it is a metal fence and
today they were working on it, putting up some kind of screening. I think it is an inappropriate,
alright, a fence may prevent a football or a soccer ball from running out on 48 or somebody chasing a
ball but I think we can do a better job than what is being done.
SUPERVISOR HORTON: Thank you, Mr. Wills. Actually, you mentioned that and I am glad that you
did because I had Mr. McMahon in my office, Jim McMahon in my office this morning and I said,
'Jim, that is not a particularly good looking fence that you are putting up Strawberry Fields.'
However, what he did indicate is that it will be apparently a black mesh that has very little visual
impact when it is fully erected and it is the Department of Public Works intention to actually have
plantings in front of it that will complement and have a better visual, create a, make for a better visual
presentation of that. So, yeah, getting there is the hard part because it is slow and it is in stages and it
is in its raw stage but you do have my assurance that at the end of the day, the visual presentation will
be very fitting with the field and the spirit of that field.
MR. WILLS: Even painting it different colors (inaudible).
December 28, 2004 25
Southold Town Board Meeting
SUPERVISOR HORTON: Certainly, yes, indeed. Would anybody else care to address the Board?
(No response) Okay, so we really will adjourn. We have had the motion to adjourn, so we will do it
again. Have a great evening and a great rest of 2004. And Mr. Wills, thank you. Appreciate that.
Elizabeth A. Neville
Southold Town Clerk