HomeMy WebLinkAboutTB-04/26/2005SOUTHOLD TOWN BOARD
REGULAR MEETING
April 26, 2005
4:30 P.M.
A Regular Meeting of the Southold Town Board was held Tuesday, April 26, 2005 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 William P. Edwards
Town Clerk Elizabeth A. Neville
Town Attorney Patricia A. Finnegan
Absent: Councilman Daniel C. Ross
SUPERVISOR HORTON: Good evening and welcome to the April 26th, 4:30 P.M. public meeting of
the Southold Town Board. Please rise and join with me in the Pledge of Allegiance. Thank you and it
is good to see all of you in attendance here this afternoon. We have reports, public notices and
communications, all available at the Town Clerk's office Monday through Friday, 8:00 A.M. to 4:00
P.M. available for review by the public. Over the course of the meeting, there are a number of, there
are several portions of the evening dedicated to public comment. First is prior to reading and voting on
any of the resolutions we have on the agenda. The public has the opportunity to ask the Board about
specific resolutions. After the, we have no public hearings this evening I believe and at the conclusion
of the resolution component of the meeting, we also allow the public the opportunity to address the
Board on town related items, not specific to the resolutions. And we have two presentations that I
wanted to make tonight and I would ask prior to moving forward that we have Ms. Ana Gonzalez and
the Tree Committee come forward. Okay. We had, as you can see around the meeting hall and then
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also out in the lobby and the hallway, a number of posters. They are all right here. They are dedicated
to Earth Day and Arbor Day, which fell closely to each other this year, so as far as poster contests were
concerned, the two were blended together. And the Tree Committee launched it. The Tree Committee
chair is Ed Dart. Peg Murphy, Ann Trimble, Derek Bossen and Dave Cichanowicz, who is not with us
this evening. The Tree Committee then had the difficult task of choosing a grand, first prize winner of
the poster contest. And I had the honor of....
ED DART, TREE COMMITTEE CHAIRMAN: You had the easy part. We had a very difficult time.
There were wonderful entries from three schools around this town (inaudible)
SUPERVISOR HORTON: So we have the poster is as follows (inaudible) which was originated,
created and drawn by this fine young student next to me here, Ms. Ana Gonzalez. I want to
congratulate you on (inaudible) and being chosen by the Tree Committee as the winner of this contest.
And I also want to present to you ....
MR. DART: We could put that one right in front, I am sure. Right in front.
SUPERVISOR HORTON: Perfect. And we have a certificate I am presenting to you. As a student of
Greenport Schools and as this says, "The Town Board of the Town of Southold congratulates you on
winning the Arbor Day poster contest. Your efforts on behalf of the trees in Southold Town are really
appreciated by the Town Board and the entire community." And congratulations and thank you for
participating.
MR. DART: As the chairman of the Tree Committee I not only want to thank Ana for her beautiful art
work and contributions to our poster project. It is just a way to let everyone know that this town is
concerned about its trees and to get the word out to households through the poster contest and also
through something is we have is, for the 4th graders, everyone has received a little tree seedling and we
have saved just a few, by the way, for some of the Town Board members, I would like Ana to help me
out and give one each to the people that are up here in front and not only do we distribute free
seedlings, all with the effort of these three folks over here who are fellow committee members, Peg
Murphy, Ann Trimble and Derek Bosson, they have also put together, there were educational kits for
youngsters which included pencils, crayons, coloring books all on a tree theme. So, this is probably
the best arbor day effort that our Tree Committee in its history and I want to thank these three people
for making a huge effort to get it together for the children in Southold. So a big hand for them. Oh,
not only did Ana win the poster contest and our thanks for herself, her school won a tree. So we are
going to be bringing a tree down to Greenport School for them so, because there were so many
wonderful entries from the other schools, we have decided that we are going to award trees to all three
of the schools that participated in the poster contest. And here are two last things for you, the Tree
Committee has its own little certificate that we are presenting to you as well with our Arbor Day
slogan that we used "Kids and trees grow together", that is for you and a New York DEC Arbor Day
poster, printed on recycled paper. Okay.
SUPERVISOR HORTON: Thank you to the Tree Committee. Two more items, actually, in relation
to the Tree Committee. I was informed by Ed Dart and mind you, he is not asking that these be
planted anywhere of the vicinity of Dart's Tree Farm, these go home with you but there are a number
of seedlings, somewhere in the neighborhood of 30 to 40 and they will be in the lobby, available for
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you on a first come, first serve basis, as you leave. We ask that, you know, keep it civil. No tug of
wars over the seedlings. If anyone needs one, you can have mine obviously but please, feel free to help
yourselves on the way out, there are seedlings available for you. The other thing I wanted to mention,
we had, Ed-could you bring that forward, the tree removal notice please? Over the past couple of
years, we have had a couple of instances of tree removal in Town, either by the Town itself or by Long
Island Power Authority or by the New York State Department of Transportation and anybody who
lives in the community knows that when a tree comes down, regardless of how much planning went
into it and research as to whether it is a public safety concern or if the tree is healthy or not healthy, it
is still a shock and what the Tree Committee has come up with and we are going to, actually we have a
resolution on this evening requiring all other agencies outside of the Town that would do tree pruning
or removal within the Town, adhere to this. There will be a public notice of tree removal and on it is
contact information, for whether it is a town project for the town or the applicable agency, in addition
to the town and also it has, it states that 'interested parties are hereby advised that this tree has been
evaluated and scheduled for removal for reason of ..... ' which will provide another layer of
accountability. The specific reason for it, for its removal will be on here and there will be contact
information. We are going to require these be placed on trees well in advance of the tree's removal, so
there can be input and feedback and concerns. Also, it states on here that sites, input for replanting
sites are welcome and can be made to the Town. So it is another effort to bridge the communication
gap that sometimes does exist. Thank you. Thank you very much, again, Ed and the rest of the Tree
Committee. And Ana, thank you again, thanks for being here this evening. Okay. Moving forward,
we did have a presentation for Ron Butkovich of Hudson City Savings Bank but I don't see him in the
audience here tonight. In short, the Town received a donation from Hudson City Savings Bank of $10,
266 I believe was the amount for the purchase of new defibrillators that will be placed in the patrol
vehicles, the patrol cars throughout town. And I wanted to thank Mr. Butkovich and Hudson City
Savings Bank for making that contribution. Training and equipment to support the training are two key
components for providing public safety, so we thank them for that contribution. Moving forward, if
we could get a motion for an approval?
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the following town bills be and hereby are ordered paid: General Fund Whole Town
bills in the amount of $417,272.22; General Fund Part Town bills in the amount of $2,914.33;
Community Development Fund bills in the amount of $2,290.00; Risk Retention Fund bills in the
amount of $1,302.55; Highway Fund Part Town bills in the amount of $26,805.55; Capital Projects
Account bills in the amount of $2,066.25; Community Preservation Fund (2% tax) bills in the amount
of $68,468.22; New London Terminal Project bills in the amount of $355,079.82; Transfer Station
Expansion bills in the amount of $1,576.56; E-W Fire Protection District bills in the amount of
$194,479.00; Fishers Island Ferry District bills in the amount of $33,164.37; Refuse & Garbage
District bills in the amount of $74,281.00; Southold Wastewater District bills in the amount of $31.24;
Fishers Island Sewer District bills in the amount of $691.60; Southold Agency & Trust bills in the
amount of $67.99 and Fishers Island Ferry District Agency & Trust bills in the amount of $54.93.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Moved by Justice Evans, seconded by Councilman Wickham, it was
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RESOLVED that the minutes of the March 29, 2005 Regular Southold Town Board meeting be and
hereby are declared approved.
Vote of the Town Board: Aye: Councilman Edwards, 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 on Tuesday, May 10,
2005 at 7:30 P.M. at the Southold Town Hall, Southold, New York.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
SUPERVISOR HORTON: I would also like to make a motion based on some information we received
today, we received back, so the Board is aware, we received a response from the CSEA union, actually
Mr. DiCosola I believe you are here, we received correspondence from Mr. DiCosola CSEA
representative and negotiator in response to the Town's last contract term proposal. We received that
in the mail today and I would like to make a motion that we set a special Town Board meeting for this
coming Friday, that date being April 29th. So I make a motion we set a special Town Board meeting
for purposes of review of the CSEA contract proposal for April 29th in the conference room at 9:00
A.M.
Moved by Supervisor Horton, seconded by Councilman Wickham, it was
RESOLVED that there be a Special Meeting of the Southold Town Board held on Friday, April 29,
2005 at 9:00 A.M. at the Southold Town Hall, Southold, New York.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
I. REPORTS
1. Town of Southold Budget Report month ended December 31, 2004.
2. Town of Southold Budget Report month ended March 31, 2005.
3. Town of Southold Budget Report month ended February 28, 2005.
4. Town of Southold Budget Report month ended January 31, 2005.
5. Board of Town Trustees March 2005
6. Southold Town Justice Court, Evans March 2005
7. Southold Town Justice Court, Price March 2005
8. Recreation Department March 2005
II. PUBLIC NOTICES
1. New York State Department of Environmental Conservation Notice of Complete Application
of Braatz properly to replace 765 feet of bulkhead on Cutchogue Harbor, 5250 Vanston Road,
Cutchogue, Town of Southold. Written comments by May 13, 2005.
2. Cornell Cooperative Extension annual report to the NYS DEC "Storm Water Management
Program Annual Report March 2004-2005." Review will take place on April 20, 2005 at the
Rose Caracappa Legislative Auditorium, Smithtown. Written comments until April 30, 2005.
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III. COMMUNICATIONS
1. Letter to Supervisor Horton from Robert McTague
Department.
re appreciation of Southold Fire
SUPERVISOR HORTON: And thank you for getting that back to us, Mr. DiCosola. And we will
move forward with the next component of the meeting, which we offer the floor to the public to
address the Town Board on Town Board resolutions. Yes? Mr. Carlin, it is good to see you, you look
well and we are glad you are here. Welcome back.
FRANK CARLIN: Frank Carlin, Laurel. You notice I don't have no black book tonight. So really no
agenda. Resolution 267.
SUPERVISOR HORTON: Yes, sir. 267, adopt the conceptual plan for the Southold Town Animal
Shelter, version SK.A3.10.7, authorize and direct the Town Engineer to coordinate the preparation of
bid specifications and authorize the Supervisor to pursue initiatives to fund the project. This resolution
is the next necessary step in moving the Animal Shelter project forward.
MR. CARLIN: Very good. I hope this time it will continue on to move and that we can get this
shelter built finally for these animals. I want to thank, a lot of thanks tonight, I want to thank Bill
Edwards. While I was home after my operation, for keeping me up to date by telephone on the process
of this Animal Shelter. Thank you very much.
COUNCILMAN EDWARDS: You are welcome.
MR. CARLIN: That is all for now.
SUPERVISOR HORTON: Thanks, Mr. Carlin. Would anybody else care to address resolutions on
the agenda? Yes, Mr. Skabry?
JOHN SKABRY: Good afternoon Supervisor, Councilmen, Councilwoman and thank you very much
for giving me this opportunity to speak to you this afternoon. I want to comment on the resolution that
was just passed. I didn't have an opportunity prior to voting on it, which is about the negotiations with
the CSEA.
SUPERVISOR HORTON: That was to set a meeting for Friday. A Town Board meeting which will
be an Executive Session item.
MR. SKABRY: Right. Can I make comment on that?
SUPERVISOR HORTON: Certainly. Feel free.
MR. SKABRY: I am a member of a 2,700 member IBEW local right here on Long Island. That is the
International Brotherhood of Electrical Workers. When we sit down to negotiate with the corporations
that we have organized, we bring no attorneys into that meeting. All the way through negotiations, we
have no attorneys, and I am despondent because I see that the Town that I lived in for 30 some odd
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years uses attorneys to do all their negotiating. These are working people that you are talking with,
negotiating with. I know all of your businessmen in town here and work in town, I know when you sit
down with your workers, union or non-union, you don't sit down with an attorney representing you to
the people that you depend on to perform that you pay them for. I would like to see this Town go to
negotiations face-to-face with the people that they work for, with their representatives. There is an old
saying in my family that goes something like this. 'When you have one attorney in town, you have a
poor attorney. When you have two attorney's in town, you have two rich attorney's.' Thank you very
much for giving me this opportunity to speak to you.
SUPERVISOR HORTON: Would anybody else care to address resolutions on the agenda? Yes, Mr.
Carlin.
MR. CARLIN: I wasn't prepared for this one. Good evening ladies and gentlemen of the Board. You
know, when you look at things happening now a days, the cost of everything increasing, gasoline, fuel
oil, house taxes, house insurance, car insurance; my house insurance and car insurance went up $361
this year. I suppose a lot of people here had the same thing. And whatever you look at, prices have
gone up. Seniors happen to hold on to their little bit of an increase that they get every year but it helps
them out. Last year, prescription drugs in 2004 went up 7 percent. What I am trying to say here is,
everything has gone up. So what happens when everything goes up? We must compensate for that, by
looking out for the people that are working for us. Whether it is the town, county, state or whatever
and it must be done in a fair manner. Inflation is, well, about 2 1/2 percent. It is probably going to go
more. And you know, for example, I watched the Highway Department, for an example, how they
work out there in the wintertime, the snow blowing out there and it is dangerous and I don't understand
why they can't also get along and get their increase in salaries, too. I don't know what all the details
are but to wait two years to me, in this type of condition that we are living in now, is not fair. They
should be given a contract which could be worked out in a fair manner. And I will be honest with you
because I say it the way it is. That, I think it was the MTA and the city, settled the contract for 12 %
for four years. Well, that isn't too bad, it gives you 3 % a year. But when you look at, sometimes you
see a contract given out 3 % but it doesn't say how many years. So I would say, in my opinion, I am
going to lay my case right on the line here, that I would say and I am speaking to the union people, I
am going to speak to the Town Board people that I ifI was negotiating this contract, I would say a 12
% increase within a four-year period of time, which brings you 3%, which isn't bad in my opinion. At
least it is something. It is better than having nothing. And we must keep in mind that these people,
like everybody else who works in this Town Hall, Highway Department or whatever, deserve a raise
like everybody else. I am not trying to throw knives here or anything. Last year the Town Board took
a raise, fine; I think these people deserve a raise and we should give it to them as soon as possible.
Thank you.
SUPERVISOR HORTON: Thank you, Mr. Carlin. If we could.., if you would please address from
the podium, sir.
BILL WALSH: My name is Bill Walsh, I am a representative of CSEA Suffolk Local 852. As you
can se, there are many members here tonight, we want you to know that the form in which your
counter proposal was put back to us, at this time is unacceptable. We do want a contract. We want it
now. And what we want is we want your respect. The same respect that these members show you and
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the taxpayers in this town every single day. I ask for your help in doing that, I look forward to your
future support in getting this contract done. Thank you very much.
SUPERVISOR HORTON: Thank you. And that is, that, in response to that, we couldn't agree more
and our getting the counter proposal or the response to our last proposal back this afternoon and the
Town Board calling a special meeting for Friday to look at that is in keeping with good faith
bargaining and ensuring that communication remains open and keeps moving and we resolve this as
quickly as possible.
MR. WALSH: We really do appreciate that, Supervisor and members of the Town Board. Thank you.
SUPERVISOR HORTON: Likewise. Thank you very much. Actually we are just going to give a
moment....yes, sir?
UNIDENTIFIED: Mr. Supervisor and Town Board, I worked for the Highway Department for just
under 30 years. I retired in 91 and just what the gentleman said before, we always had the Town
Board, no attorney, A1 Martocchia, Mr. Wickham, Billy Pell and so on. I worked with all of them.
And I was on a lot of the committee working on contracts and for myself, I am a little worried between
my wife and I of changing the hospitalization insurance. We have a great plan right now; my wife was
sick a few years ago and if it wasn't for our insurance with the Town, we would have been broke.
Please, don't change the health plan. Please. Thank you.
SUPERVISOR HORTON: Thank you, sir. Would anybody else care to address the Board on
resolutions? Yes, Mr. Swiskey?
WILLIAM SWISKEY: William Swiskey, Greenport, New York. I see a lot of modifications to the
whole Town budget ....
SUPERVISOR HORTON: Would you like to address specific resolutions, Mr. Swiskey?
MR. SWISKEY: 226, 234, 237 and there is a few others. How come you aren't saying what account
it is going to and what account it is coming from? Where is the money coming from to do these
budget mods?
SUPERVISOR HORTON: Would you like to address specific ones and I will tell you exactly?
MR. SWISKEY: Alright. Let's start with 226. For tapes and diskettes, Data Processing. You are
three months into the year, you shouldn't be doing this. What is going on with this budget?
SUPERVISOR HORTON: Mr. Swiskey?
MR. SWISKEY: Yeah?
SUPERVISOR HORTON: So you are aware. The budget itself is a very fight budget and very well
planned out and we have never run, at least as long as I have been here, a budget deficit. This is going
from Data Processing, within the Data Processing Department, from Data Processing equipment to
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Data Processing tapes and diskettes. It is simply, there wasn't a budget line for tapes and diskettes and
it is simply being transferred within the department budget.
MR. SWISKEY: Wouldn't tapes and diskettes be just like general supplies? I mean, this is a very
strange...
SUPERVISOR HORTON: Well, actually...
MR. SWISKEY: I have run million dollar budgets, too and I .....
SUPERVISOR HORTON: Well, this is a $30 million budget and quite frankly, what we have done
with this $30 million budget is we have taken it and broken it into more lines for more accountability,
so we know exactly where money's are going so they can't just be put into a general fund and used for
purposes other than what they were intended for. So this is a very strict accounting process which
provides the utmost of public accountability.
MR. SWISKEY: It seems like almost overkill. You didn't know you would need, 234, you didn't
know you would need a boat engine for the Bay Constable? I mean, he had to know it was wearing
out.
SUPERVISOR HORTON: Yeah, this is simply to affect repairs.
MR. SWISKEY: To affect repairs to this boat engine...
SUPERVISOR HORTON: Yeah, you plan for regular maintenance and if you blow a head, that
doesn't fall under regular maintenance, so you sometimes have to pull money from other lines to make
those repairs.
MR. SWISKEY: Alright. What about 237? Building and maintenance repairs, I mean ....
SUPERVISOR HORTON: What about that one?
MR. SWISKEY: You are three months into the year, you are moving money around for building
maintenance. What kind of building maintenance budget did you have?
SUPERVISOR HORTON: We have a good building and maintenance budget. On 237, that is going
from Programs for the Aging, programs, supplies and materials into repairs for the building. And in
fact, that will just effect, that will piggyback on a donation that we received that will enable the Town
to enhance the facility beyond what we initially ....
MR. SWISKEY: For the furniture, yeah.
SUPERVISOR HORTON: So, the budget is tight and sometimes monies are moved within
departmental budgets. An area of concern would be, if for example, the Town tried to move money
from the General Fund Whole Town to a special district. That would be problematic and that would be
something ....
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MR. SWISKEY: That would be something that would be not quite kosher...
SUPERVISOR HORTON: That would be highly illegal, actually.
MR. SWISKEY: But, yeah, but I also remember, well, not this particular Board but other Town
Board's that like, one month they would pass a resolution to take $350,000 and this was only a few
years ago, from the Solid Waste Fund "the dump" and then put it in the General Fund and then next
month pass it from the General Fund to the Police Fund ....
SUPERVISOR HORTON: This Town Board ....
COUNCILMAN ROMANELLI: That is not allowed.
MR. SWISKEY: You were on the Board, John.
COUNCILMAN ROMANELLI: We didn't do that.
SUPERVISOR HORTON: Excuse me...
MR. SWISKEY: I can prove that.
SUPERVISOR HORTON: Mr. Swiskey, Mr. Swiskey?
COUNCILMAN ROMANELLI: Please do.
MR. SWISKEY: I will.
SUPERVISOR HORTON: This portion of the meeting is for specific resolutions and I ....
MR. SWISKEY: I realize that.
SUPERVISOR HORTON: .... and I can tell you that since I have been in office and something that I
had to learn because I had no knowledge of when I first took office, since I have been in office since
January 1, 2002, never have funds been transferred from a district to General Fund and then back out
or even transferred at all from General Fund Part Town to General Fund Whole Town and they never
have been transferred from the Solid Waste District to the Scavenger Waste District; they never have
been transferred from the Scavenger Waste District to the General Fund. Simply not the way the Town
does business.
MR. SWISKEY: I know you haven't done it but it has been done before and then they ....
SUPERVISOR HORTON: Okay but ....
MR. SWISKEY: Last month they bonded to buy a bulldozer for the dump ....
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SUPERVISOR HORTON: Well in fact, what we have done is we have worked hard and it hasn't been
easy to heighten our accounting practices. Specifically to prevent things like that from happening and
I don't know if it has happened but it hasn't happened since I have been here and it won't happen
between now and December 31st.
MR. SWISKEY: Obviously the Comptroller is supposed to prepare these budget modifications, right?
He should put account numbers on them, at least I would think...
SUPERVISOR HORTON: They have account numbers.
COUNCILMAN ROMANELLI: The actual resolutions have account numbers on them.
SUPERVISOR HORTON: For example, number 237 is A.6772.4.100.1102. A.16204400100.
MR. SWISKEY: I understand that but it is just disturbing that you are modifying a budget by
(inaudible) I mean, you knew you needed x amount of supplies, you knew what you bought last year...
SUPERVISOR HORTON: Actually, to be honest with you a $1,500 budget modification for diskettes,
well, your point is well made but it is not necessarily true that the Data Processing Department would
have known or anticipated diskettes had they not purchased them in the past.
MR. SWISKEY: Yeah. They knew what they purchased last year, they should at least add about 5%
for inflation and additional use. It just disturbs me when I see things like this.
SUPERVISOR HORTON: Well, that department has never run a deficit and always run ....
MR. SWISKEY: I understand that but isn't the Comptroller, who basically is supposed to oversee
these budgets go over it with the Department Head?
COUNCILMAN ROMANELLI: Let me tell you, I think our Comptroller...
SUPERVISOR HORTON: Yeah, the Comptroller has done a fantastic job going through these
departments and I go through each departments budget with them, prior to coming to the Town Board
and then oftentimes, if need be, the department head will come and meet with the Town Board as a
whole before the final budget is adopted.
MR. SWISKEY: Alright, thank you.
SUPERVISOR HORTON: Thank you, Mr. Swiskey. Are there other points on the resolutions? Yes,
Mr. Nyce.
DAVE NYCE: Dave Nyce, Greenport. This is for resolution 274. A lot has happened in a week.
Obviously, I am a little, I may ramble a little bit because this is all new to us.
SUPERVISOR HORTON: Feel free.
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COUNCILMAN ROMANELLI: We ramble, too.
MR. NYCE: As a resident of the Village of Greenport, this is an interesting situation. I am ultimately,
personally I don't want to see the property sold. But I also understand that it will be a large windfall
for the Village. What I am here today to say is that I am glad that this resolution is here, I personally
and there are several residents of Greenport that are going to work towards pushing this to a
referendum as opposed to just a straight sale. I think first of all the Village needs to determine whether
or not the Village wants to sell this property. And if so, how it is to be sold. I also feel very strongly
that this property should not be developed in any way. It is now commonly considered parkland, it
should be stay parkland. I would like to see, ultimately, I would like to see the Village keep it as a
park, maintain it and have it be another wonderful attraction to Greenport. But if it is to be sold, I
would applaud the Town, County, State, whoever else gets involved; they could do the same. It is a
beautiful piece of property back up to (inaudible) it is nice to go and visit and keep it open for public
access.
SUPERVISOR HORTON: Thank you, Mr. Nyce. Mr. Nyce was the person who made those tree
memorial plaques. The resolution that Mr. Nyce was referring to 274, resolves that the Town Board
declares its intention to work in partnership with the County, the State of New York and all of the
interested agencies toward the preservation of Clark's Beach in its natural state in perpetuity. We have
not been contacted by the Village but the Board, we all took notice in the newspaper and I have been
called by a number of reporters in regard to the proposed sale of Clark's Beach. Clark's Beach is
immediately adjacent to, immediately adjacent, that is redundant, isn't it? Is adjacent to, when my
mother is not in the audience to correct my language, I have to do it myself; Clark's Beach is adjacent
to Inlet Pond Park, which is a preserve that the County purchased and the Town maintains. We
currently actually house the north fork chapter of the Audubon Society on that property and we have
opened up, through our Department of Public Works and the Audubon Society volunteer corps, a
lengthy and wonderful trail system and being that Clark's Beach is adjacent to that property and a
wonderful piece of Sound front, the thought of it being sold for development, quite frankly as
Supervisor and a Village resident and somebody who spent a lot of time at Clark's Beach over the
course of my life, that thought makes me cringe. So this resolution is just simply to start the ball
rolling with the county. I know that the county has been contacted and the county has expressed an
interest to preserve the property. I don't know the mechanics of the Village declaring it surplus and
how that would roll out, if it would be done by public referendum, that is obviously for the Village
residents and the Village Board to hash out. But this simply declares that the Town will entertain or
will work with the county in some way, shape or form to see that the property is preserved. So, thanks
for coming. Are there other questions on any of the resolutions we have here? Yes, Mr. Swiskey.
Actually, may I ask you a question? Because you are, I know this is reverse but you are a wealth of
information in regard to all things Greenport. When was that parcel, the Clark's Beach property
purchased and for what reason?
MR. SWISKEY: It was purchased originally to put the original sewer station on around, geez, we
went through this a while ago when they were putting that power plant in, between 1935 and 1940,
some place in there. It was purchased, the original sewer station was supposed to be there and then
that was moved to Moore's Lane and it was just used for the outfall pipe.
SUPERVISOR HORTON: So the outfall pipe actually runs beneath, right down the center of it.
April 26, 2005 12
Southold Town Board Meeting
MR. SWISKEY: Yes, basically.
SUPERVISOR HORTON: And how far off shore does the outfall pipe ....
MR. SWISKEY: 500 feet. We just replaced that about three years ago.
SUPERVISOR HORTON: And do you know if there are DEC restrictions in that area?
MR. SWISKEY: No, just things like you can't put your lobster pot next to (inaudible) but there are
really no restrictions, no.
SUPERVISOR HORTON: So the pipe actually runs down the middle of the properly?
MR. SWISKEY: Well, it runs down the middle of the road. One side of the road, the east side of the
road, which is basically, because the properly goes something like this, right down the middle
basically.
SUPERVISOR HORTON: And is it owned by the sewer district or is it owned by the Village?
MR. SWISKEY: But it would be owned basically by the sewer department but the Mayor would tell
you everything is owned by the Village.
SUPERVISOR HORTON: Okay. You had a question on the resolutions?
MR. SWISKEY: Oh, there was one in here, I can't find the number but it had to do with a sanitary
credit.
SUPERVISOR HORTON: Yes, I know the resolution.
MR. SWISKEY: Number 244.
SUPERVISOR HORTON: Thank you. The sanitary flow credit will be, actually we have to get it
recognized by the Health Department but it is coming from a single and separate lot that was
preserved.
MR. SWISKEY: Yeah, well, you are buying a sanitary credit, somebody is buying a sanitary credit
from a preserved lot.
SUPERVISOR HORTON: No.
MR. SWISKEY: A lot that can't be developed?
SUPERVISOR HORTON: What we did two weeks ago is we preserved in partnership with a
community organization and the Peconic Land Trust, we preserved one single and separate lot, in an
area that we hope to preserve more. So we preserved that properly. This resolution will retain the
April 26, 2005 13
Southold Town Board Meeting
sanitary flow credit, which for a single and separate lot will probably mean for the Health Department
one cesspool, if you will, we will retain that and for use of, hopefully, actually there has been interest
by the new owners of the Whitaker House because they would like to have an apartment or two there.
MR. SWISKEY: So they would purchase the sanitary credit.
SUPERVISOR HORTON: That is correct.
MR. SWISKEY: There was, I realize ....
SUPERVISOR HORTON: I mean I was using that as an example, because there is not a deal on the
table for that.
MR. SWISKEY: Yeah, I know what sanitary flow credits are, it just brings up something I was
thinking about at the time. Everybody in the Village is connected to the sewer but they still have
sanitary credits, right?
SUPERVISOR HORTON: No. Well, I mean, see, I don't know. I can't answer that.
MR. SWISKEY: I can't answer you either.
SUPERVISOR HORTON: What I can tell you is that for example, are you referring loosely to
Moore's Woods?
MR. SWISKEY: No, I am referring to my house, your mother's house. In other words, we actually
have a, if the sewer wasn't there, we would have a right to a cesspool.
COUNCILMAN ROMANELLI: But you are out flowing somewhere, so maybe it is not on your
property but you are still....you are out flowing at Clark's Beach. But you know, my version of it is ....
SUPERVISOR HORTON: And also I think that being, I don't think that a flow credit can come from a
developed parcel. But that would be, that would be an interesting legal question.
MR. SWISKEY: That is an interesting concept, I could sell my cesspool rights. (Inaudible) The law is
kind of vague.
SUPERVISOR HORTON: Yeah, well the Health Department would, I am sure...
MR. SWISKEY: They would shut me down in a minute.
SUPERVISOR HORTON: Yeah, they probably would. Thank you, Mr. Swiskey. Yes, Ms. Tole.
KATHY TOLE: Kathy Tole, Greenport. On the same resolution, 244 ....
SUPERVISOR HORTON: Yes.
April 26, 2005 14
Southold Town Board Meeting
MS. TOLE: Who receives the funds when or what, where do the funds end up once this TDR is
purchased by some developer?
SUPERVISOR HORTON: In the CPF. In the 2% fund.
MS. TOLE: Preservation Fund?
SUPERVISOR HORTON: Yes.
MS. TOLE: Okay. So Preservation Fund money was used to purchase the property...
SUPERVISOR HORTON: That is correct.
MS. TOLE: .... the TDR will be purchased by somebody else and hopefully replenish this fund?
SUPERVISOR HORTON: That is correct.
MS. TOLE: Okay.
SUPERVISOR HORTON: Are there other questions from the floor in regard to resolutions? (No
response) Okay, we will move forward with the resolutions commencing with #223.
AMENDED May 10, 2005 by Resolution #279
#223
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Everett C. Corwin to
the position of full-th-ne Automotive Equipment Operator for the Highway Department, effective
April 28, 2005, at a rate of $16.8216 per hour.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#224
Moved by Councilman Edwards, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Robert Rogers to the
position of full-th-ne Automotive Equipment Operator for the Fishers Island Highway Department,
effective April 28, 2005, at a rate of $16.8216 per hour.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#225
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby reclassifies the Civil Service title
of Zachary Tomaszewski from provisional full-time Technical Coordinator II to provisional full-
time Technical Coordinator I effective April 27, 2005.
April 26, 2005 15
Southold Town Board Meeting
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#226
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
~Vhole Town 2005 budget as follows:
To:
Data Processing, C.E. $1500.00
Tapes And Diskettes
A.1680.4.100.554
From:
A. 1680.2.400.440
Data Processing, Equipment $1500.00
Personal Computers
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#227
Moved by Councilman Romanelli, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the addition of $4~000
to the following Capital Project in the 2005 Capital Budget:
Capital Project Name: Computer Workstations and Printers
Financing Method: Transfer from General Fund Whole Town
Budget Increase: Revenues:
H.5031.35 Interfund Transfers $4,000.00
Appropriations:
H. 1680.2.600.100 Data Processing
Capital Outlay
Workstations & Printers $4,000.00
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#228
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 Horton to sign the 2005 Agreement between the County of Suffollq Family Service
League and the Town of Southold for the Southold Town Youth Services Program, subject to the
approval of the Town Attorney.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#229
Moved by Justice Evans, seconded by Councilman Romanelli, it was
April 26, 2005 16
Southold Town Board Meeting
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town
Clerk to advertise for the following 2005 sununer positions: lifeguards~ beach attendants~
playground instructors~ and weekday beach manager.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
SUPERVISOR HORTON: I should have done this before we voted on it but perhaps, Betty, if we
could make a note of it, we should also post this in our local high schools.
TOWN CLERK NEVILLE: Will do.
SUPERVISOR HORTON: Thank you.
#230
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town Clerk
to supply the Southold Town Beach Attendants (7) and beach managers (2) with a petty cash
fund in the amount of $40.00 (30 singles~ 2 fives) per person, to enable them to make change.
Check in the amount of $360.00 to be made payable to Kenneth Reeves; said charge to be made to
A210, Petty Cash
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#231
Moved by Councilman Romanelli, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town Clerk
to issue free beach parking permits to the following employees: Water Safety Instructors, Beach
Attendants, Lifeguards, Lifeguard Trainer, Beach Managers, and Recreation Supervisor Ken Reeves.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#232
Moved by Councilman Edwards, seconded by Justice Evans, it was
RESOLVED, that Resolution No. 214 of 2005 is hereby amended to correct the term of the
Agreement from two years to three years as follows:
RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to enter into an Agreement with Corazzini Asphalt to transfer title
to the surplus Kohman Conveyor to Corazzini in exchange for unlimited use of Corazzini's Reed
Power Screen by the Highway Superintendent for a period of three ~ears, subject to the approval of
the Town Attorney.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
April 26, 2005 17
Southold Town Board Meeting
#233
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the
Mattituck Lions Club to hold their annual Strawberry Festival and Country Fair, Route 48,
Mattituck from Tuesday, June 14, 2005 through June 20, 2004 provided they file with the Town Clerk
a one million dollar Certificate of Liability with the Town Clerk. Capt. Flatley to be contacted within
ten (10) days after Town Board approval to coordinate traffic control.
Note: Certificate of Insurance has been filed
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#234
Moved by Councilman Wickham, seconded Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
~Vhole Town 2005 budget~ as follows:
TO:
A.3130.2.300.300 Bay Constable
Equipment
Boat Engines $1,643.62
FROM:
A.3130.4.400.650
Bay Constable
Contacted Services
Vehicle Maint. & Repairs $1,341.00
A.3130.2.500.200 Bay Constable
Communication Equipment
Radio Equipment 302.62
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#235
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Mark
Terry~ Sr. Enviromnental Planner~ Anthony Trezza~ Sr. Planner~ and Bruno Semon~ Sr. Site
Plan Reviewer to attend a workshop on Land Use Planning~ Conservation Subdivision Design~ to
be held on Thursday~ May 26~ 2005 from 4:00 p.n~ to 9:00 p.n~ in Muttontown~ NY. The cost of
$25.00 per person which will be charged to the Planning Department budget. Travel to be by Town
vehicle.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#236
Moved by Councilman Edwards, seconded by Councilman Romanelli, it was
April 26, 2005 18
Southold Town Board Meeting
RESOLVED that the Town Board of the Town of Southold hereby approves Change Order No. 2
and authorizes and directs Supervisor Joshua Y. Horton to execute said Change Order in the
amount of $20,000.00, to cover additional costs and work performed by Terry Contracting and
Materials, Inc. on the Griffing Street Parking Facility in Cutchogue, subject to the approval of the
Town Attorney.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#237
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
~Vhote Town 2005 budget as follows:
From:
A.6772.4. tOO. t t0 Programs for the Aging
Contractual Expense
Program Supplies and Materials $5,325.00
To:
A.1620.4.400.100
Buildings & Grounds
Building Maintenance and Repairs $5,325.00
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#238
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the North
Fork Country Club to close Moore's Lane, Cutchogue from the southerly line of the Subdivision
of "Country Club Estates" to the northerly line of the land of Wimam Tyree and limited closure
to all but neighborhood residents from Main Road to the southerly line of the Subdivision of
"Country Club Estates" and from land of Tyree to the intersection of Moores Land and New
Suffolk Avenue, on Friday, July 15 and Saturday July 16, 2005 providing they file with the Town
Clerk a One Million Dollar Certificate of Liability naming the Town of Southold as additional insured
and contact Capt. Flatley within ten (t0) days of this resolution to coordinate traffic control.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#239
Moved by Councilman Romanelli, seconded by Councilman Wickham,
A Resolution Increasing the Term of office of the Town Supervisor from Two (2) Years to Four (4)
Years.
Be it enacted by the Town Board of the Town of Southold as follows:
WHEREAS, Town Law §24-a authorizes the Town Board to adopt a resolution subject to mandatory
referendum at least t 50 days prior to a biennial town election;
Now, therefore, be it resolved:
April 26, 2005 19
Southold Town Board Meeting
Section 1. Increase in Term of Office: The term of office of the elected Town Supervisor shall be
four years. Such four-year term shall commence as of the first day of January 2008, and shall apply to
the person elected to such office at the biennial town election to be held on November 6, 2007 and to
those elected thereafter, provided a proposition submitted pursuant to Section 2 below is approved.
Section 2. Mandator~ Referendum: This resolution is adopted subject to a mandatory referendum
and shall be submitted for approval of the qualified voters of the Town of Southold at the biennial
town election to be held on November 8, 2005. A proposition in the following form shall be included
on the ballot at such biennial town election, and the increased term of office shall not take effect unless
such proposition is approved by a majority vote of the qualified voters voting thereon:
"Shall Resolution No. 239 of 2005, entitled "A Resolution Increasing the Term of
Office of the Town Supervisor from Two (2) Years to Four (4) Years" be approved?
Section 3. Effective Date: This resolution shall become effective immediately upon approval by
the qualified voters.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#24O
Moved by Councilman Edwards, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the Highway Fund 2005
budget~ as follows:
TO:
DB.5110.4.100.975
DB.5130.1.100.200
DB.5140.1.100.200
DB.5140.2.200.100
DB.5142.1.100.200
DB.5142.4.100.100
DB.5142.4.400.700
FROM:
DB.5110.4.100.905
DB.5130.1.100.100
DB.5140.1.100.100
DB.5142.1.100.100
Supplies & Materials
Steel
Machinery
Overtime Earnings
Bush & Weeds/Misc.
Overtime Earnings
Bush & Weeds/Misc.
Typewriter
Snow Removal
Overtime Earnings
Snow Removal
Miscellaneous Supplies
Snow Removal
Contracted Snow Removal
$1112.00
7852.98
60.31
199.99
15963.25
1850.03
1607.50
General Repairs
Asphalt Patch
Machinery
Regular Earnings
Bush & Weeds/Misc.
Regular Earnings
Snow Removal
Regular Earnings
$1112.00
7852.98
3717.83
15963.25
April 26, 2005 20
Southold Town Board Meeting
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#241
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints John Speirs, Old Lyme,
to the position of part th-ne, seasonal deck hand for the Fishers Island Ferry District, effective
May 1, 2005 until October 1, 2005, at a rate of $11.00 per hour.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#242
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Orient
Fire Department to use the following town roads for a Memorial Day Parade on Monday, May 30,
2005 beginning at 7:30 a.m. at the Orient Fire House and then proceed to different monuments in
Orient Village, provided they file with the Town Clerk a One Million Certificate of Insurance naming
the Town of Southold as an additional insured and notify Capt Flatley within ten (10) days of Town
Board approval to coordinate traffic: Tabor Road, Orchard Street, Navy Street, Village Lane, Orient,
New York.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#243
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants a refund to Stalco
Construction, Inc. 44 West Jefr.m Blvd, Unit N, Deer Parlq NY 11729, in the amount of $50.00
for the return of bid documents for the Solid Waste Transfer Station prior to the bid opening date.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#244
Moved by Councilman Edwards, seconded by Councilman Romanelli,
WHEREAS, on April 14, 2005, the Town of Southold purchased a Development Rights Easement on
the parcel owned by the Peconic Land Trust, formerly owned by Peter F. Harper; an
WHEREAS, said property is identified as SCTM#1000-59-1-20.1 and 1920 Lake Drive, Southold,
New York; and
WHEREAS, said property is 0.67 acres, as per a survey completed by Peconic Surveyors, P.C. on
March 31, 2005; and
WHEREAS, said property is located within the Low-Density Residential R-40 Zoning District; and
WHEREAS, said property is located within the Southold School District; and
April 26, 2005 21
Southold Town Board Meeting
WHEREAS, the Development Rights Easement recorded as part of the purchase prohibits the use of
the property for any residential, commercial or industrial uses and prohibits the use of the property for
anything other than open space purposes; and
WHEREAS, as per Section 87-5 (Determination of Sanitary Flow Credit to be Deposited in the TDR
Bank) of the Town Code, the Land Preservation Coordinator provided the Town Board with a
calculation of the sanitary flow credits available for transfer from the above-mentioned parcel prior to
the Town Board public hearing on the purchase; and
WHEREAS, the Land Preservation Coordinator provided the Town Board with a final calculation of
the sanitary flow credits available for transfer from the above-mentioned parcel following the closing
on the parcel; and
WHEREAS, one (1) Sanitary Flow Credit is available to be placed into the Town TDR Bank as a
result of this purchase; be it therefore
RESOLVED that the Town Board of the Town of Southold hereby places one (1) sanitary flow
credit into the Town TDR Bank from the Town's purchase of the development rights easement
on the parcel owned by the Peconic Land Trust, formerly owned by Peter F. Harper and, be it
FURTHER RESOLVED that the Town Clerk shall enter this transfer of one (1) sanitary flow credit
into the Sanitary Flow Credit Log; and, be it
FURTHER RESOLVED that the Town Clerk shall forward this resolution to the Tax Assessors
Office, the Land Preservation Department, the Special Projects Coordinator, the Suffolk County
Department of Health Services and the Planning Department for inclusion into the Town database and
GIS system.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#245
Moved by Justice Evans, seconded by Councilman Wickham,
WHEREAS, on April 14, 2005, the Town of Southold purchased a Development Rights Easement on
the parcel owned by the Peconic Land Trust, formerly owned by Peter F. Harper; an
WHEREAS, said property is identified as SCTM#1000-59-1-20.1 and 1920 Lake Drive, Southold,
New York; and
WHEREAS, said property is 0.67 acres, as per a survey completed by Peconic Surveyors, P.C. on
March 31, 2005; and
WHEREAS, said property is located within the Low-Density Residential R-40 Zoning District; and
WHEREAS, said property is located within the Southold School District; and
WHEREAS, the Development Rights Easement recorded as part of the purchase prohibits the use of
the property for any residential, commercial or industrial uses and prohibits the use of the property for
anything other than open space purposes; and
WHEREAS, as per Section 87-5 (Determination of Sanitary Flow Credit to be Deposited in the TDR
Bank) of the Town Code, the Land Preservation Coordinator provided the Town Board with a
calculation of the sanitary flow credits available for transfer from the above-mentioned parcel prior to
the Town Board public hearing on the purchase; and
WHEREAS, the Land Preservation Coordinator provided the Town Board with a final calculation of
the sanitary flow credits available for transfer from the above-mentioned parcel following the closing
on the parcel; and
April 26, 2005 22
Southold Town Board Meeting
WHEREAS, one (1) Sanitary Flow Credit is available to be placed into the Town TDR Bank as a
result of this purchase; be it therefore
RESOLVED that the Town Board of the Town of Southold hereby places one (1) sanitary flow
credit into the Town TDR Bank from the Town's purchase of the development rights easement
on the parcel owned by the Peconic Land Trust, formerly owned by Peter F. Harper and, be it
FURTHER RESOLVED that the Town Clerk shall enter this transfer of one (1) sanitary flow credit
into the Sanitary Flow Credit Log; and, be it
FURTHER RESOLVED that the Town Clerk shall forward this resolution to the Tax Assessors
Office, the Land Preservation Department, the Special Projects Coordinator, the Suffolk County
Department of Health Services and the Planning Department for inclusion into the Town database and
GIS system.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#245
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute a Proposal between the Town of Southold and
Diversified Technology Consultants regarding engineering services to assist the Fishers Island Sewer
District in maintaining the wastewater facilities and comply with NYSDEC requirements for 2005,
subject to the approval of the Town Attorney.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#246
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 between the Town of Southold and
Verizon Network Integration Corp. regarding maintenance and management services for the Town
of Southold's frame relay network, namely the managed network solutions service, in the amount of
$9,917.52 for a term of one year, subject to the approval of the Town Attorney.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#247
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2005 budget as follows:
To:
Revenues:
A.2705.40 Gifts and Donations $ 100.00
To
April 26, 2005 23
Southold Town Board Meeting
Appropriations: Programs for the Aging
A.6772.2.100.100 Equipment $ 100.00
Adult Day Care Furniture
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
SUPERVISOR HORTON: The Board will notice that #248 and #249 are the same and we will refer
JUSTICE EVANS: No.
SUPERVISOR HORTON: I am sorry, not #249. We skip #248 and it is reflected later in the agenda.
#249
Moved by Councilman Edwards, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to use the
town roads for the "7th Annual Mighty North Fork Triathlon" sponsored by Event Power and
Comell Marine Science Center/S.C.M.E.L.C. for the benefit of the Cornell Marine Science
Center/S.C.M.E.L.C., the North Fork Promotion Council, Save the Bays, and Rick Shalvey's Row for
a Cure (Breast Cancer Research), on Stmday~ July 10~ 2005 for its 7 Annual Mighty North Fork
Triathlon", at Cedar Beach Park, Southold, New York, provided they file with the Town Clerk a One
Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and
secure permission from Suffolk County Parks, Recreation and Conservation for their use of Cedar
Beach Park; and applicant must contact Capt. Flatley to coordinate traffic control within ten (10) days
of the adoption of this resolution. The following town roads will be used:
Paradise Point Road
Main Bayview Road
Jacobs Lane
N. Bayview Road
Dayton Road
Pine Neck Road
Oaldawn Avenue
Baywater Avenue
Cedar Beach Road
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#25O
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General Fund
~Vhole Town Budget as follows:
TO:
Revenues
A.2705.40 Gifts & Donations $10,226.00
April 26, 2005 24
Southold Town Board Meeting
TO:
Appropriations
A.3120.2.500.250 Defibrillators $10,226.00
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#251
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby increases the pay of Michael
Fiora to $19.00 per hour~ effective May 1~ 2005~ as he has completed the requirements of
becoming a Captain for the Fishers Island Ferry District and has served in that position on a full
time basis.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#252
Moved by Councilman Romanelli, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby amends resolution No. 218~
adopted at the April 12~ 2005 regular Town Board meeting to read as follows:
WHEREAS the Town Board of the Town of Southold has determined to initiate a cost saving measure
as operational costs for all Town facilities continue to rise sharply; and
WHEREAS it has been determined that Wednesday has the least amount of vehicle traffic, both
residential and commercial, at the Southold Town Solid Waste Transfer Station and compost facility;
now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes the closure to the
public of the Solid Waste Transfer Station and Yard Waste Compost facility on Wednesdays~
beginning May 18~ 2005, in order to conserve resources and mitigate the impacts of escalating costs
that are beyond the control of the Town Board, and be it further
RESOLVED that the Town Board authorizes and directs the Town Clerk to publish a notice of
closing of the Transfer Station in both the Suffolk Times and Traveler Watchman.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#253
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 necessary forms with re~ard to the Elizabeth Field
Airport Apron and Taxiway FAA AIP No. 3-36-0029-11-04; NYS PIN 0913.09 Project for the
Partial Payment Request No. TWO (Form 271), all in accordance with the approval of the Town
Attorney.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
April 26, 2005 25
Southold Town Board Meeting
#254
Moved by Justice Evans, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold does hereby recognize the week of May
1~ 2005 through May 7~ 2005 as "Municipal Clerks Week" and further extend appreciation to
our Municipal Clerk Elizabeth Neville and to all Municipal Clerks for the vital services they
perform and their exemplary dedication to the communities they serve.
SUPERVISOR HORTON: I have also taken this resolution and turned it into a proclamation, Betty,
and I would like you to have this in your office. It is from the Town Board, acknowledging Town
Clerk's throughout the state but we are acknowledging yours in particular because without you and
your colleagues in your office, this Town just simply would not function.
TOWN CLERK NEVILLE: Thank you, Supervisor Horton and members of the Town Board.
SUPERVISOR HORTON: Indeed. And why don't we call a roll on that vote?
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#255
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 Corazzini
Asphalt~ Inc. for furnishing and placing Bituminous Surface Treatment Liquid Asphalt Grades
RC-250 and MC-250 ("Oil & Sand") within the Town of Southold, all in accordance with the bid
specifications and as follows:
Mainland Fishers Island
Bituminous Surface Treatment - Liquid Asphalt 50% RC-250 & 50% MC-250 with screened sand:
$1.75 per sq. yd. $ 4.85 per sq. yd.
Schim Mix Asphalt Concrete - Type 5:
$70.00 per ton $140.00 per ton
Fog Coat: Liquid Asphalt - 50% RC-250 & 50% MC-250:
$1.00 per gallon $1.00 per gallon
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#256
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the Bid of Corazzini
Asphalt~ Inc. for furnishing and placing Bituminous Surface Treatment RC-250 Liquid Asphalt
("Oil & Stone") within the Town of Southold, all in accordance with the bid specifications and as
follows:
Mainland Fishers Island
Bituminous Surface Treatment - Liquid Asphalt Grade RC-250 & lA Stone:
$1.95 per sq. yd. $5.65 per sq. yd.
Schim Mix Asphalt Concrete - Type 5:
$70.00 per ton $140.00 per ton
Fog Coat: Liquid Asphalt - RC-250 Liquid Asphalt:
$1.00 per gallon $1.00 per gallon
April 26, 2005 26
Southold Town Board Meeting
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#257
Moved by Councilman Edwards, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the Bid of Corazzini
Asphalt~ Inc. for furnishing and placing Liquid Asphalt Grades RC-250 & MC-250 within the
Town of Southold, all in accordance with the bid specifications and as follows:
Mainland Fishers Island
$3.50 per gallon $5.00 per gallon
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#258
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the Bid of Corazzini
Asphalt~ Inc. for furnishing and placing Hot Mix Asphalt Concrete Pavement "Type 5 Shh-n"
Sand Mix Asphalt within the Town of Southold, all in accordance with the bid specifications and as
follows:
0-300 Tons:
300-500
500-1000
Over 1000
Mainland
$110.00 per ton
$ 78.00 per ton
$ 56.00 per ton
$ 51.00 per ton
Fisherslsland
$140.00 pert on
$140.00 pert on
$140.00 pert on
$130.00 pert on
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#259
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 Corazzini
Brothers~ Inc. for furnishing and placing Hot MIX Asphalt Concrete Pavement "Type 6 Top"
within the Town of Southold, all in accordance with the bid specifications, and as follows:
0-300 Tons:
300-500
500-1000
Over 1000
Mainland
$115.00 per ton
$ 65.00 per ton
$ 51.00 per ton
$ 52.00 per ton
Fisherslsland
$200.00 pert on
$140.00 pert on
$140.00 pert on
$140.00 pert on
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#26O
Moved by Councilman Romanelli, seconded by Councilman Edwards, it was
April 26, 2005 27
Southold Town Board Meeting
RESOLVED that the Town Board of the Town of Southold hereby accepts the Bid of Corazzini
Asphalt, Inc. for furnishing and placing Bituminous Surface Treatment RX-250 Liquid Asphalt
"Oil & Recycled Stone" within the Town of Southold, all in accordance with the bid specifications,
and as follows:
Bituminous Surface Treatment - Liquid Asphalt
Grade RC-250 & recycled Stone: $1.34 per sq. yd.
Schim Mix Asphalt Concrete - Type 5: $72.00 per ton
Fog Coat: RC-250 Liquid Asphalt: $ 1.00 per gallon
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#261
Moved by Councilman Edwards, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the Bid of Thomas H.
Gannon & Sons, Inc. for the application of Polymer Modified Emulsified Asphalt Pavement,
Type II Micro-Surfacing within the Town of Southold, all in accordance with the bid specifications,
and as follows:
Type "TT" Micro-Surfacing $1.42 per sq. yd.
Truing & Leveling (Type 5 - Shim) $92.00 per ton
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#262
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the Bid of Island
Resurfacing LLC for the furnishing and placing of Nova Chip Ultra-Thin Surfacing Course
within the Town of Southold, all in accordance with the bid specifications, and as follows:
Nova Chip Ultra Thin Surfacing Course $4.95 per sq. yd.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#263
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town
Clerk to advertise for bids for the purchase of Type 6 Asphalt for pickup and use b~ the
Southold Town Highway Department.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
AMENDED May 10, 2005 by Resolution #290
#264
Moved by Councilman Romanelli, seconded by Councilman Edwards, it was
April 26, 2005 28
Southold Town Board Meeting
RESOLVED that the Town Board of the Town of Southold hereby increases the hourly rates of the
following part time Fishers Island Ferry District personnel as follows, effective May 27~ 2005:
Benjamin Burdick $11.00
Charles Burgess $28.41
Edward Carboni $9.27
Mark Chanski $11.00
Josh Davis $9.5o
Josh P. Davis $9.01
Kyle Davis $9.47
Debbie Dixon $10.13
Eric Easter $10.50
Josh Elsenohn $9.5o
Nicholas Espinosa $9.5o
Scott Fenton $9.27
Nicholas Gauthier $9.01
Kyle Gorra $9.29
Ryan Gorra $9.5o
Mike Gelman $10.88
David Grote $13.63
John Gural $15.40
Eugene Henson $23.36
Steven Jagaczewski $9.5o
Tim Keating $21.21
Henry Kopij $14.96
Matthew Lynch $11.00
Sean Maginess $9.oo
Kyle Markey $9.27
Bruce Millar $9.01
Anthony Mirabelli $21.21
John Morgan $15.40
Joel Morton $8.74
Richard Niedojadlo $10.21
Stephen Pearl $11.00
Kenneth Ricker $22.01
Joel Riley $9.5o
Bonnie Scott $9.46
Jack Searle $10.63
Russel F. Smith III $9.5o
Benjamin Spitz $9.oo
John Stanford $14.91
Evelyn Stepanek $11.87
Geoffrey Veitch $9.02
Jon-Michael Walker $1050
DouglassWilliams $9.oo
Claus Wolter $11.6o
David Yale $9.5o
April 26, 2005
Southold Town Board Meeting 29
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#265
Moved by Councilman Edwards, seconded by Justice Evans, it was
RESOLVEDretains Michael Rikon, Esq. as
that the Town Board of the Town of Southold hereby
special counsel in an eminent domain proceeding relating to the property owned by George
Stankevich, at a cost not to exceed $250 per hour .
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#266
Moved by Justice Evans, seconded by Councilman Romanelli,
WHEREAS,
there has been presented to the Town Board of the Town of Southold, Suffolk County,
th
“A Local Law in relation to
New York, on the 26 day of April, 2005 a Local Law entitled
Amendments to the Domestic Partnership Law”
now, therefore, be it
RESOLVED
that the Town Board of the Town of Southold will hold a public hearing on the aforesaid
th
of May,
Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 24
2005 at 5:00 p.m.
at which time all interested persons will be given an opportunity to be heard.
“A Local Law in relation to Amendments to the Domestic
The proposed Local Law entitled,
Partnership Law” reads as follows:
LOCAL LAW NO. 2005
A Local Law entitled, “A Local Law in relation to Amendments to the
Domestic Partnership Law”.
BE IT ENACTED
by the Town Board of the Town of Southold as follows:
Purpose –
The Town of Southold Domestic Partnership registry is available to unmarried persons
who, among other requirements, are in committed relationships of mutual support. This amendment
would extend the availability of the registry to domestic partners where one, rather than both persons,
maintains a legal primary residence within the Town of Southold, but will continue to require that both
.
persons share that residence
Chapter 39 of the Code of the Town of Southold is hereby amended as follows:
§ 39-3. Requirements.
A domestic partnership shall exist between two persons if the following is true:
F. One of tThe persons currently maintains share a primary residence within the Town of
Southold and declares that he or she they intends to do so for the indefinite future, and both persons
share that residence.
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.
th
SUPERVISOR HORTON: And that public hearing is set for May 24.
April 26, 2005 30
Southold Town Board Meeting
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#267
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby adopts the conceptual plan for
the Town of Southold Animal Shelter, Version No. SICA3.10.7 dated April 25, 2005 prepared by
studio a/b architects and attached hereto, authorizes and directs the Town Engineer to
coordinate the preparation of bid specifications in accordance therewith, and authorizes and
directs Supervisor Joshua Y. Horton to pursue initiatives in relation to the funding of this
pro.iect.
SUPERVISOR HORTON: I just want to thank you, Tom and Bill and Ken and Cathy Morelli, Mr.
Carlin and so many of the other people who have provided a lot of input along the way to get the
project to this long awaited phase. Thank you all for your persistence and guidance.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#268
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby approves and authorizes the use
by the Town of Southold Tree Committee of public notice posters, to by affixed to street trees
within the Town of Southold that are designated to be removed, which provide advance notice of
and the rationale for such removal; and
BE IT FURTHER RESOLVED that the Town Board of the Town of Southold shall require that aH
other agencies proposing the removal of street trees within the Town of Southold use such public
notice posters in advance of such tree removal and directs the Town Clerk to send a copy of this
resolution to the appropriate Federal, State and County agencies.
COUNCILMAN ROMANELLI: And I commend the efforts of the new Tree Committee.
SUPERVISOR HORTON: And what this resolution also does is it, by this resolution requires that
other agencies and authorities that would be conducting such work within the Town, that they post a
similar posting and that authority is, we believe, strongly lies with us having adopted the Local
Waterfront Revitalization Plan, which enables the Town to deal more effectively with authorities and
other layers or forms of government.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#269
Moved by Councilman Edwards, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Philip L. Goldman to
the Tree Committee, term to expire December 31, 2005.
SUPERVISOR HORTON: We welcome Mr. Goldman, I was going to call him Philip but Mr.
Goldman to the Tree Committee.
April 26, 2005 31
Southold Town Board Meeting
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#27O
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the Southold Town
Tree Committee to place a full-page advertisement for its annual Memorial Tree Honor Roll in
the Traveler-Watclunan and the Suffolk Thne~, and the costs shall be a legal charge against the
Tree Committee's budget.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#271
Moved by Councilman Wickham, seconded by Councilman Romanelli,
WHEREAS, the New York State Department of Transportation is engaged in the construction of a
large drainage sump adjacent to Griffing Street in Cutchogue in connection with work it is conducting
along State Route 25; and
WHEREAS, the DOT had previously concluded on numerous occasions that the Griffing Street
location was not an appropriate venue for the drainage sump; and
WHEREAS, the construction of such a sump in that location will result in a community eyesore and
pose safety concerns to the residents of the Town of Southold;
IT IS HEREBY RESOLVED that the Town Board of the Town of Southold shall continue to
hnplore~ and work with~ the DOT to remediate the effects of this drainage project within the
heart of the Cutchogue hamlet~ by re-designing the project to beautify the f'mished product and
to provide an area that is safe and useful to the conununity..
SUPERVISOR HORTON: A brief update for the Board and for the public as well, those of you here
and those of you watching. Councilman Wickham and myself wrote letters requesting modifications
to the sump project to the sump project in Cutchogue several months ago and were met with concerns
by the DOT that the project was so far along and was budgeted for and planned for over the course of
10 years, that it would not be a reversible project. We did meet with Assemblywoman Acampora last
week and again in Town Hall this afternoon with Assemblywoman Acampora and representatives from
the Department of Transportation and at the urging of Councilman Wickham, who knows more about
hydrology and moving water from one place to another than your average person I should say, the
DOT is very open to, is going to advocate and research the possibility of taking the existing sump that
is there and maintaining it as a catch basin and sump and filtration bed but actually covering over the
top of it by placing rings down in the sump that would provide for a catch area for water and cover
over that so that what you would actually see, the visual impact would be that of a village green if you
will, a green space in the middle of Cutchogue that we would hope to overtake the maintenance of and
work through the Town and other organizations to beautify and maintain. So I was actually hopeful
leaving that meeting today. The state took it very seriously and I think we'll, it will hold up that
portion of the entire State 25 project but I, they were very clear about that and I did take the liberty of
telling them that we would be much happier to wait a couple of extra months to, as you said, turn
lemons into lemonade in that project as opposed to allow them to finish it as is.
April 26, 2005 32
Southold Town Board Meeting
COUNCILMAN WICKHAM: Thank you, Josh. I am very pleased with the support the Supervisor
has expressed on this. A group of people from Cutchogue have taken quite an interest in this and have
prepared a proposal for what they call the Cutchogue Community Gardens, which would be basically a
small park right in the heart of our hamlet center there. There are brochures along the lines of this
proposal out on the desk, outside where the agendas are and anyone who is interested they are
available here.
SUPERVISOR HORTON: Thank you, Councilman Wickham.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#272
Moved by Councilman Romanelli, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor
Joshua Y. Horton to execute a maintenance agreement with the Cutchogue-New Suffolk Park
District for the care and maintenance of Wally Kaelin Park along Griff'mg Street in Cutchogue,
subject to the approval of the Town Attorney.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#273
Moved by Councilman Edwards, seconded Councilman Romanelli,
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,
New York, on the 26th day of April, 2005 a Local Law entitled "A Local Law in relation to
Amendments to the Litter on Private Property Law,"_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 24th of May,
2005 at 5:05 p.n~ at which time all interested persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to the Litter on
Private Property Law,"_reads as follows:
LOCAL LAW NO. 2005
A Local Law entitled, "A Local Law in relation to Amendments to the Litter on Private Property
Law."
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Purpose - These amendments to this existing law will provide for notice to owners of private property
upon which litter has accumulated, of the Town's intention to clean up those premises, and authorize
the Town to collect from such owners the cost of such cleanup.
Chapter 100 of the Code of the Town of Southold is hereby amended as follows:
§ 57-5. Litter on private property.
A.No person shall throw or deposit litter on any private property within the town, whether owned
by such person or not and whether occupied or vacant, except that the owner or person in control of
private property may maintain authorized private receptacles for collection in such a manner that litter
will be prevented from being carried or deposited by the elements upon any street, sidewalk or other
public place or upon private property.
April 26, 2005 33
Southold Town Board Meeting
The owner or person in control of private property or any portion thereof shall at all times maintain the
premises or that portion controlled by him free of litter, except when stored properly in authorized
private receptacles for collection, when such person shall have actual notice thereof or when said litter
shall have been present a sufficient length of time to constitute constructive notice.
Litter or debris on private properly either not properly stored, or present for a sufficient length of time
to constitute constructive notice, may be removed by the Town in any manner deemed appropriate by
the Town, upon notice to the owner. Notice posted in a conspicuous location upon the properly, or in
the nearby vicinity of the litter or debris for at least three business days shall be deemed sufficient
notice.
Assessment of costs and expenses. All costs and expenses incurred by the Town in connection with
the removal of litter or debris from property not owned by the Town in shall be assessed a~ainst the
properly on which said litter or debris was located. The total costs and expenses shall be determined
by the Superintendent of Highways, or in the alternative, by the Town Board and shall be sent by
certified mail to the owner of record. If the owner shall fail to make full payment within fourteen (14)
days from the date of receipt of the mailina, the costs and expenses outstandina shall be reported to the
Assessor of the Town as a amount to be levied and assessed aaainst the properly. The expense so
assessed shall constitute a lien and charae on the property on which it is levied until paid or otherwise
satisfied or discharaed and shall be collected in the same manner as other Town charaes. That portion
of said collected funds shall be returned to the operational budaet of the department that incurred the
expense of the cleanup.
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 afl, ct 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 Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#274
Moved by Justice Evans, seconded by Councilman Wickham,
WHEREAS, the Village of Greenport has declared its intention to divest itself of the Clark's Beach
property located within the Town of Southold; and
WHEREAS, the Town Board of the Town of Southold is desirous of seeing the Clark's Beach
property preserved in its natural state;
IT IS HEREBY RESOLVED that the Town Board of the Town of Southold declares its intention to
work in partnership with the County of Suffollq the State of New York and all other interested
agencies towards the preservation of Clark's Beach in its natural state in perpetuity.
SUPERVISOR HORTON: I would also like to add for the record for purpose of the Town Clerk, that a
copy of this resolution be forwarded to New York State Department of Parks, New York State
Department of Environmental Conservation, our local Senate and Assembly delegates, Congressman
Bishop and the Suffolk County Executive and the Suffolk County legislature.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
April 26, 2005
Southold Town Board Meeting
This resolution was duly ADOPTED.
34
#275
Moved by Councilman Wickham, seconded by Councilman Edwards,
WHEREAS, extensive parking along both sides of State Route 25 in the vicinity of the Cross Sound
Ferry terminal in Orient presents an extreme and urgent concern for the safety and welfare of residents
and visitors of the Town of Southold; and
WHEREAS, State Route 25 extends west from the Cross Sound Ferry terminal in Orient past a
Suffolk County Park, New York State Park, and the federal Plum Island facility; and
WHEREAS, State Route 25 in this area has been designated as a Scenic Byway by the State of New
York and serves as a New York State bicycle route; and
WHEREAS, the existence of these conditions is inconsistent with the Local Waterfront Revitalization
Plan adopted by the Town Board of the Town of Southold;
IT IS HEREBY RESOLVED that the Town Board of the Town of Southold requests that the New
York State Department of Transportation do the following:
Immediately install No Parking signage along both sides of State Route 25 extending west from
the Cross Sound Ferry terminal in Orient past the County~ State and Federal parks and facilities
and past the intersection of Ryder Farm Road in Orient~ as needed to rectify this extreme and
urgent safety concern.
Develop a Park and Ride facility along the Long Island Expresswa~ exit ramp to Exit 71 to
provide for parking and shuttle service to and from the Cross Sound Ferry terminal in Orient
for walk-on passengers~ in accordance with the request made by the Town of Southold in July of
2003.
SUPERVISOR HORTON: I am going to take a moment to explain this exactly; what we are
proposing. What I first would like to do is read into the record a letter that was sent to State officials
by me in conjunction with discussions with the Town Board dated July 24, 2003 and I will change the
date of this letter and send it along with this resolution. "Currently a dangerous situation exists with
vehicles parking along Route 25. These vehicles are the overflow from the terminals parking lot. It is
my understanding that most of the vehicles parking along the road are operated by foot passengers,
primarily traveling to New London on the Sea Jet. Sea Jet has been successfully marketed as a quick
way to get to New London where several busses are available to shuttle casino goers. In light of
inadequate parking and the hazardous situation this has created on State Route 25, I am requesting that
we work together to find a suitable parking facility for the vehicles that are currently parking along that
road. A site that comes to mind is the state owned property, located at the base of the exit ramp on the
Long Island Expressway, Exit 71. With so much of the traffic bound for the Sea Jet originating from
points west, I think this could prove to be a successful alternative, by alleviating overflow parking that
has created a dangerous situation and reducing the number of vehicles on the North Road. The ferry
company could provide a shuttle service, similar to that provided in New London to take foot
passengers to and from the ferry. Thank you for your continued support. Sincerely yours, Joshua Y.
Horton, Supervisor." A copy of this letter will be forwarded with the resolution and we will also
change the date on it to make it present. I am just going to step down for a moment before we vote on
this resolution to point a few things out on the map. To clarify the point they were talking about in the
resolution, this is a car ferry, the Sea Jet utilizes the same terminal. Right in here, this portion of the
ferry terminal is in fact State Route 25. State Route 25 becomes Route 25 off of 48 in the vicinity of
the Shady Lady. Driving east it is State Route 25. There are several portions of this road in Greenport
and East Marion and Orient where there are actually no parking signs. This tells us that no parking
April 26, 2005 35
Southold Town Board Meeting
signs aren't a new concept on State Route 25. With that being said, also Route 25 continues all the
way, not to this end where the County park is, but it continues on. This strip of land, when you turn
into the ferry terminal and you have the snack bar on the north side and the left side and typically to
your right side, that is still State Route 25. It is State Route 25 until you get on the ferry ramp. Right
here there are no parking signs within the ferry terminal. We are requesting that those no parking
signs be extended out past the terminal. In addition to public safety concerns, the awkward blend or
marriage of pedestrians that are hurrying to get to the Sea Jet and then car traffic that is hurrying to get
to the car ferry along Route 25 the Town also has the difficult task of providing to the best that we can,
security for the exterior, the outer portions of the DHS Plum Island facility. We have a memorandum
of understanding to provide police services in event of an emergency as well, the State Park here, there
is a County Park here, with that being said, every layer of government, every authority of government
actually is a stake holder in this area. And what we requesting is that the state and we will ask the
federal government as well, work with the Town in providing a parking solution to the west of this
area. What we intend to propose, what we will propose is an immediate, an emergency solution, if you
will, is that the ferry company contact Dr. Kozora at Greenport School, who has expressed a
willingness for this summer, July and August to negotiate a lease at the Greenport School as an interim
measure because I don't think that Exit 71 or some other site is going to be approved and put together
by the high season. So as an interim, emergency measure, we are requesting that the ferry negotiate
that to get cars off the road, while a long term solution is derived.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#276
Moved by Councilman Romanelli, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby approves the trailer permit
application of Glover Perennials to locate a mobile trailer to be used as a farm office on property
located on Sterling Lane, Cutchogue, New York SCTM#1000-96-5-13 for a period of six (6) months.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#277
Moved by Councilman Edwards, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby increases the suggested donation
for a Southold Town Committee Memorial Tree Planting from $350. to $500., effective
immediately.
SUPERVISOR HORTON: This came, clarification, came out of this morning's work session at the
request of the Tree Committee. Keeping a couple of things in mind, the suggested donation, much like
when you go to the Met, or the Metropolitan Museum of Art is a suggested donation, you are not going
to get turned away at the door if you can't meet that donation. The same goes for the Memorial Tree
Program but the request from the Tree Committee to increase that fee reflects actually the cost of the
tree, the cost of the
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
April 26, 2005 36
Southold Town Board Meeting
SUPERVISOR HORTON: That brings us to the conclusion of the resolutions. Would anybody care to
address the Town Board on town related items? Yes, Mr. Carlin.
MR. CARLIN: Once again, good evening. It has been on my mind for a while, so bear with me. At
this time I would like to thank all of the people who called me on the phone, stopped in to visit when I
was home recuperating from major heart open surgery. I would like to thank you, Mr. Supervisor, for
calling me. Mr. Edwards for bringing me up to date on the Animal Shelter, the golf course for plowing
my driveway out in the snow and seeing that my wife and I needed anything from the store. I never
realized how many friends I had, and my wife and I had. We want to thank them very much. And
also the Hickey family. Now, bear with me on this, it is a little educational because I could speak on
this subject, I had five months to research and study it. I know quite a bit about it. I had a triple by-
pass and a valve. Never had any shortness of breath or whatever. It was picked up on a cardiogram
and then I went to a stress test and from there, the chain began. So, now this is going to be kind of
odd, I am working myself up to something here. There are three valves they can replace your heart
with. One is a commercial valve that makes a clicking noise at night when you are sleeping and then
there is a pig valve that requires a blood thinner. My surgeon decided to use a cow valve, which is the
third one now, it is more or less new but he likes the cow valve, so he used a cow valve. So what I am
going to say is Josh, if you hear a cow go "moo, moo" in the Town Hall, you know Frank Carlin is
around.
SUPERVISOR HORTON: You got it.
MR. CARLIN: After saying that, I was sad to see that you are leaving Town government, Josh.
Everyone in their lives, sooner or later, has to make a decision. In your case, your decision on this is
when you are young yet. So that is going to give you a lot of time to and opportunities to succeed in
what you adventure or profession would be. And so my wife and I would like to wish you and your
wife lots of health and success in your new assignment. I do have a couple of ideas of what you will
be doing but I am only going to mention one.
SUPERVISOR HORTON: I am not going back to sea, Mr. Carlin.
MR. CARLIN: Perhaps you and your wife are considering opening up a Burger King in Mattituck.
SUPERVISOR HORTON: And we are getting a drive-thru.
MR. CARLIN: Please, if you do, make it a drive-thru.
SUPERVISOR HORTON: So if you see a public hearing legalizing drive-thrus .....
MR. CARLIN: Well, anyway, this is what I wanted to say and I appreciate what everybody did for
me. Oh, I forgot to mention one important factor here, very important, is my nurse that I had taking
care of me for five months. Which is my wife. And which we will be married 51 years in June.
SUPERVISOR HORTON: Thank you, Mr. Carlin. We are delighted that you are well and with us
here at the meeting.
April 26, 2005 37
Southold Town Board Meeting
COUNCILMAN ROMANELLI: Glad to have you back.
SUPERVISOR HORTON: Would anyone else care to address the Town Board on town matters. Mr.
Swiskey.
MR. SWISKEY: Yeah, I have been waiting for this. You know, I am pretty friendly with most of
your CSEA employees and I assume the Town Board three years ago put some money in the budget
for raises. What was it, 3 percent or something?
SUPERVISOR HORTON: We have set money aside in anticipation of settling this contract.
MR. SWISKEY: Well, you know, what is really disturbing is the last offer amounted to basically less
than two percent a year.
SUPERVISOR HORTON: That is not at all ....
COUNCILMAN ROMANELLI: That is not true.
SUPERVISOR HORTON: ... factually correct. That is not at all correct, Mr. Swiskey.
MR. SWISKEY: It isn't?
SUPERVISOR HORTON: And in fact, we have not, from the dais, discussed the negotiations out of
respect of the negotiation process...
MR. SWISKEY: Yeah, I realize that.
SUPERVISOR HORTON: ... but I will say that that is not at all correct.
MR. SWISKEY: Mmmhmm. Well, the thing is ....
SUPERVISOR HORTON: We have offered nothing less than 3%.
MR. SWISKEY: For the last three years plus three years ahead?
SUPERVISOR HORTON: We have offered nothing less than 3%.
MR. SWISKEY: That is not an answer, Josh.
COUNCILMAN ROMANELLI: Yes, it is.
SUPERVISOR HORTON: You are not asking, though.
MR. SWISKEY: I am asking are you offering, in other words, you haven't had a contract ....
April 26, 2005 38
Southold Town Board Meeting
SUPERVISOR HORTON: There is negotiation underway and the Town Board is actively, very
aggressively trying to settle this contract.
MR. SWISKEY: I understand that, yes.
SUPERVISOR HORTON: And quite frankly, being very fair about this. And that, that is underway
and we made a, just some history, a settlement agreement was reached and voted down by the
membership. It was reached by both parties. It was voted down by the membership. We respect that,
we understand that perhaps the CSEA negotiators needed to have some more communication with the
membership. So we respect that. So in July, that got voted down. We have come back to the table.
We have gone to a fact finder. The fact finder issued a report. The Town Board has the authority and
hasn't acted on it, to instate a legislative contract. We simply do not want to do that. We want this
contract settled and we have offered, you know, your question is I believe answered by saying that we
have not offered less than three percent.
MR. SWISKEY: My point was that on the three percent, is it three percent retroactive for the last
three years and are there ....
SUPERVISOR HORTON: That was included in one proposal, yes. In fact, that was part of the
proposal that got voted down.
MR. SWISKEY: Because there is a lot of unhappiness out there, not only among the CSEA members
but the people in town who think that somebody is not getting a fair shake, in other words ....
SUPERVISOR HORTON: I understand that and respect that.
MR. SWISKEY: The Board should realize is, I don't know if anybody is running for re-election or not
but there is a couple of thousand votes that could be influenced by these people. Just keep that in
mind.
SUPERVISOR HORTON: Thank you, Mr. Swiskey. Would anybody else care to address the Board
on town related matters? Yes, ma'am.
ANN MURRAY: Hi, I am Ann Murray from East Marion, I may have missed this because I just
arrived but could somebody recap for me real quick the HALO implementation discussion?
SUPERVISOR HORTON: That actually was a very brief, that was a brief discussion item on this
morning's, at this morning's work session and I simply advised the Board that the next step would be
meeting with the Planning Board and awaiting an anticipation of final reports which...
MS. MURRAY: Okay, so you haven't received ....
SUPERVISOR HORTON: We have received drafts and we also have had a series of meetings with the
groups and with the groups as a whole over the past three weeks and implementation will take place
over the next several months.
April 26, 2005 39
Southold Town Board Meeting
MS. MURRAY: Is there a target date for the final report?
SUPERVISOR HORTON: The target date is early June but I always allow some flexibility in those
target dates. Usually on the latter side.
MS. MURRAY: Are you going to be amending the littering law, I am curious?
SUPERVISOR HORTON: Yes.
MS. MURRAY: Because I am noticing there is a ton of litter everywhere.
SUPERVISOR HORTON: We set a public hearing for, I believe, May 24th.
MS. MURRAY: Great. Thanks.
SUPERVISOR HORTON: For that public hearing. Thank you. Would anybody else care to address
the Board on town related items? (No response)
Moved by Supervisor Horton, seconded by Councilman Wickham, it was
RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at
6:05 P.M.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Elizabeth A. Neville
Southold Town Clerk