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HomeMy WebLinkAboutTB-07/05/2005SOUTHOLD TOWN BOARD REGULAR MEETING July 5, 2005 7:30 P.M. A Regular Meeting of the Southold Town Board was held Tuesday, July 5, 2005 at the Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting at 7:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman Thomas H. Wickham Councilman William P. Edwards Councilman Daniel C. Ross Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Finnegan Absent: Councilman John M. Romanelli SUPERVISOR HORTON: Good evening and welcome to the July 5th public meeting of the Southold Town Board. Please rise and join with me in the Pledge of Allegiance. I also would like to draw attention and convey my thanks and gratitude to the Southold merchants and all those who were involved in putting together, planning and executing this years Fourth of July Independence Day parade. It was just a fantastic display of small town America, a real grassroots parade. I think I even counted somewhere in the neighborhood of 100 children under the age of 12 riding bicycles with those red, white and blue streamers coming off of their bicycles. It was just wonderful. The whole community turned out and it was a nice event, so thanks to all those involved. As we move forward with the meeting, we have a special presentation and for the public's knowledge, we have reports, public notices, communications and other town documents available at the Town Clerk's office; available for public review. The Town Clerk's office is open Monday through Friday, 9 to, excuse me, 8:00 AM to 4:00 PM. I almost said 9 to 5, 8:00 to 4:00, how many years has it been? Open from 8 to Southold Town Board 2 July 5, 2005 4, five days a week. In addition, we do welcome the public to speak to the Town Board in regard to specific resolutions. We will turn the floor over to the public prior to the Town Board voting on any of the resolutions, so as to address any questions the public may have. I don't believe we have any public hearings this evening, but we do reserve the end of the meeting or just prior to the end of the meeting again for the public to address the Town Board on other town related items that you would care to address. Moving forward, I would like to ask the Town Board to begin with the approval. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the following town bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $53,851.76; General Fund Part Town bills in the amount of $6,311.49; Risk Retention Fund bills in the amount of $187.50; Highway Fund Part Town bills in the amount of $68,989.45; Capital Projects Account bills in the amount of $2,448.70; Community Preservation Fund (2% Tax) bills in the amount of $18,235.46; New London Terminal Project bills in the amount of $3,876.29; Fishers Island Ferry District bills in the amount of $453,788.61; Refuse & Garbage District bills in the amount of $31,905.32; Southold Wastewater District in the amount of $6.34; Southold Agency & Trust bills in the amount of $67.99 and Fishers Island Ferry District Agency & Trust bills in the amount of $72.66. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that a Special Meeting of the Southold Town Board be held Tuesday, July 12, 2005 at the Southold Town Hall, Southold, New York at 11:30 A.M. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the next Regular Meeting of the Southold Town Board be held Tuesday, July 19, 2005 at the Southold Town Hall, Southold, New York at 4:30 P.M. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. I. REPORTS 1. Island Group Claim Lag Report 6/2004 to 5/2005 2. Recreation Department May 2005 3. Southold Animal Shelter Report May 2005 4. Southold Animal Shelter Report June 2005 II. PUBLIC NOTICES 1. Henry Worokomski, Esq. Notice of application for a Restaurant Wine License with the New York State Liquor Authority for Patti B's LLC, 50 Love Lane, Mattituck. Comments: 516- 794-7826. Southold Town Board July 5, 2005 III. COMMUNICATIONS None SUPERVISOR HORTON: At this point I would ask Jim Grathwohl to come forward and we have a presentation to a number of town residents for their participation in the Landmark Preservation program of the town and Jim, I am going to step forward with you in recognition. Thanks. JIM GRATHWOHL: I am Jim Grathwohl and I am the Chairman of the Southold Town Landmark Preservation Commission. I like to call our mission actually celebrating the past and shaping our future. As many of you know, Southold town has many landmarks, we are the oldest English town reputedly, settled in 1640 and we have many landmarks that add to the heritage of this town and the Landmark Preservation Commission is charged with afforded proper recognition to the Town's landmarks and protecting them from incompatible alterations or demolition. And the Landmark Preservation code stresses that listing on the Town's roster of landmarks is strictly voluntary, so all those folks who are being recognized this evening for their fine work in preserving their landmark have voluntarily listed their houses on the Southold Town register of historic landmarks. And when we strip away the jargon, historic preservation is simply having the good sense to save or preserve those things which are near and dear to us. They could be buildings, they could be landscapes, something old; and as individuals and as a town and as a nation, we appreciate what you folks have done to preserve these particular landmarks. So I want to thank them specifically for having seen the advances of landmark designation and preservation. So also I want to thank the Town Board and Supervisor Horton for having the foresight to pass, last November, a new more meaningful Landmark Preservation code. And in the future, the near future, you will be hearing more about our work and how we are planning to encourage other folks in the town to have landmarks (inaudible) with the register and formally preserve them. So let me proceed and ask each of you to come forward, I will give you a plaque and a certificate and then we will have a group shot, I hope. Miss Jennifer Ash, well, Miss Ash is not here then but she owns the Captain Ellsworth Tuthill house in Mattituck which many of us of my era remember that is where Judge Tuthill also lived and if you were ever called before the Judge for anything, that is where you went. But I have rather fond recollections of that house because my mother and father had their wedding anniversary there because Nathaniel Tuthill, who was my mothers family, was the son of Captain Ellsworth. Miss Susan Roache. Miss Roache owns the Stewart house in Mattituck, which was built about 1858 and she has done a fine job in preserving that. And Susan, thank you very much. You get a certificate and if you will just stay up here with us. Mr. and Mrs. Larry Jungblut and they have preserved a 1910 Allen Tobey Carriage house, here on Pine Neck. Congratulations, too. And I meant to introduce the Commission, and Larry is one of our members so I certainly want to introduce Larry and Peg Murphy is one of our members and Ron Rossi and Mel Phaff and myself. Also Miss Joan Greilz, have I pronounced that right, Ms. Greilz? JOAN GREITZ: That is correct, yes. MR. GRATHWOHL: For the 1663 Freemans Farmhouse in Bayview. Just across from the Bayview fire house. And we will see that Ms. Ash gets that. So would you please join me in giving these folks a hand? SUPERVISOR HORTON: I want to take this opportunity as well to thank you personally on behalf of the people of Southold Town, the Town Board that is elected by the people of Southold Town and I Southold Town Board 4 July 5, 2005 want to point out that some of you have lived in this community for 15 years, some of you have lived in the community for quite some time and that is what makes this community a community. And the fact that we have people living here for generations and people that have come here within the past quarter century all with a similar vision, to preserve historic homes; homes that mean a lot to you but also mean a lot to the community. It means a lot to us that you would take the time and effort to do that. I want to thank you. I also want to thank Jim Grathwohl and Peg and the rest of the Historic Preservation Commission for their time and for being quite direct and frank with me when it comes to budget times to say, 'we need some dollars to do promotional marketing for our historic preservation program' because it is a voluntary program. As Jim mentioned, we are the oldest English speaking in the state of New York and much of the good work that has taken place in this town is grounded in the history of self-preservation. And people recognizing the buildings that they have and why they are worth preserving. We really believe that our voluntary approach, the approach of encouragement from the good people on our commission, is an approach that will work. It will work for years to come and I also wanted to say that the Southold Town Board and this administration took the bold and important step of living up to that voluntary historic preservation premise in insuring that the Whitaker House as well is restored to its historic integrity. So this program in the big picture is a program that will work. It is a program that will work with outreach, a program that will work through people like yourselves who care about the community, who care about their home and I am very confident that as I leave January 1st, I know that what is in place will continue to work, through people like you and people like yourselves and the Town Board. So thank you again to all of you. And Jim has mentioned that and I have mentioned as well that we are the oldest English speaking settlement in the State of New York and it is a matter of dispute with the Town of Southampton, and Jim and myself coming from a few generations back, have contacted the Southampton Town Board and offered a duel and if they don't want a duel, we will fight in the parking lot and settle this score and I am sure we will retain our rifle. MR. GRATHWOHL: If the truth was known, we are the earliest because we go back to Arshmomaque when they (inaudible) supposedly 1636, so Southampton is saying 1640 they are Johnny come lately's and we know it. SUPERVISOR HORTON: So thank you again for taking the time out of your evening to come to the Town Board meeting. We will continue forward with our meeting. At this point I off'er the floor to anybody who would care to address the Board on specific resolutions. Yes, Mrs. Egan. JOAN EGAN: Good evening Mr. Horton, Mr. Edwards, Mr. Ross, Mrs. Evans, Mr. Wickham, Mrs. Neville and Mrs. Finnegan, the lady who never returns telephone calls. Not on the resolution, Josh, but I was very proud to be part of the Southold merchant parade yesterday. In case any of you don't know, Mr. Horton made me Deputy Supervisor for 15 minutes. And that is a moment in my life. SUPERVISOR HORTON: Well, we were certainly glad to have you step from the curb into the middle of the road and march with us, Mrs. Egan. MS. EGAN: Oh, I had a great time. SUPERVISOR HORTON: We did, too. MS. EGAN: So many young and old people there. It was really great. Okay, now down to business. Southold Town Board 5 July 5, 2005 SUPERVISOR HORTON: Yeah, let's get back to the meeting here. MS. EGAN: (inaudible) SUPERVISOR HORTON: Never bad. It is never bad. MS. EGAN: 413, I think we still have the brown tide very bad and the shellfish are dying, we even had .... SUPERVISOR HORTON: Well, we support Cornell's and Suffolk County Marine Environmental learning center, we support the shellfish program there and this is simply authorizing me to sign that contract to extend that relationship. MS. EGAN: Good because you know, I live on the water and we are having little small tsunami's out there so I hope Mrs. Finnegan finally writes something about it or I shall .... SUPERVISOR HORTON: Mrs. Egan, Mrs. Finnegan is not the subject of anything that is on the agenda this evening. MS. EGAN: ... do it for her. Now, item 414, unfortunately I feel that, and there is another one in this regard, that you are losing some of the people who had worked in the public works, the mechanics because they didn't like how you did their contracts... SUPERVISOR HORTON: Mrs. Egan. Mrs. Egan. On that note, resolution 414 is a sad resolution for this Town, because Mr. Ruruoede has worked for the Town for 30 plus years and I think he is more than entitled to the retirement that he is about to enjoy. MS. EGAN: Good. Well, it didn't say retire, it says resignation and that is a difference. SUPERVISOR HORTON: It says retirement. MS. EGAN: It says resignation. SUPERVISOR HORTON: I don't know who your English teacher was but that says retirement. MS. EGAN: Accept the resignation. JUSTICE EVANS: Oh, they have an old one... SUPERVISOR HORTON: Well, then I stand corrected and I apologize. MS. EGAN: Well, you are sitting and I won't make you stand. SUPERVISOR HORTON: Ours does say retirement. MS. EGAN: 415. Now where is this property? Southold Town Board 6 July 5, 2005 SUPERVISOR HORTON: One moment please. Let me get to that resolution. 415 is a piece of property in Mattituck, in the Laurel Lake preservation target area. MS. EGAN: And NOFO, what is that? SUPERVISOR HORTON: I am assuming that is short for North Fork but please don't quote me on that. TOWN ATTORNEY FINNEGAN: The entity that owns the property. COUNCILMAN WICKHAM: The name of the company. SUPERVISOR HORTON: Right but I think it stands for North Fork. MS. EGAN: Now 417, over expended appropriations, the signs still are not done properly on the North Road... SUPERVISOR HORTON: Okay. MS. EGAN: ... (inaudible) an accident, so I hope any money that they spend corrects that situation. Now, I see you already have some 418, 419 a couple of these young people have left their positions as lifeguards and you 420 you are picking up the slack. Now, 424... SUPERVISOR HORTON: Yes, 424. That is... MS. EGAN: And that is, you know... SUPERVISOR HORTON: That is... MS. EGAn: You can put it all together 424, 425 and 426. SUPERVISOR HORTON: Yes. Those are entities, the North Fork Housing Alliance, the Robert Perry Child Daycare Program and the North Fork Early Learning Center are all organizations that the Town supports through our federal allocation of Community Development Block Grant monies. MS. EGAN: And where do we do these things? SUPERVISOR HORTON: The funding will go to these three organizations for administering their programs. Such as the Robert Perry Child Daycare... MS. EGAN: Where is that? You know, where is it? SUPERVISOR HORTON: Well, do you know where the AME Zion church is in Greenport? MS. EGAN: Yeah. Southold Town Board 7 July 5, 2005 SUPERVISOR HORTON: Okay. The Robert Perry Child Daycare facility is located right next door to the church. MS. EGAN: Uh huh. And the others? SUPERVISOR HORTON: North Fork Housing Alliance is in Greenport and the North Fork Early Learning Center is in what was the Laurel elementary school. MS. EGAN: Okay. Of course 432, you know how I feel about .... SUPERVISOR HORTON: Yes, I do. MS. EGAN: ... the change of personnel at the Human Resource Center. SUPERVISOR HORTON: Yes. MS. EGAN: I cannot tell you, I tell you over and over again, it has to be mismanaged. SUPERVISOR HORTON: Okay. MS. EGAN: Thank you. SUPERVISOR HORTON: Thank you, Mrs. Egan. Would anyone else care to address the Board on the resolutions? (No response) Then we will move forward, commencing with 411, Councilman Edwards. #411 Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Jesse S. Duthrie, of Niantic, CT, to the position of part th-ne, seasonal deck hand for the Fishers Island Ferry District, effective June 15, 2005 until October 1, 2005, at a rate of $9.00 per hour. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #412 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby promotes Anthony Mirabelli, having completed the necessar~ Coast Guard requirements, from the position of deck hand to Captain for the Fishers Island Ferr~ District, effective May 20, 2005. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #413 Moved by Justice Evans, seconded by Councilman Ross, it was Southold Town Board 8 July 5, 2005 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Horton to sign an Agreement between the Town of Southold and the Suffolk County Marine Enviromnental Learning Center (Cornell Cooperative Extension) for the implementation of the Town of Southold 2005 Shellfish Program at Cedar Beach, Southold, subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #414 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the notice of retirement of Arthur Ruroede from his position of Maintenance Mechanic III in the Southold Town Public Works Department, effective July 21, 2005. SUPERVISOR HORTON: I just want to say as I noted prior to these resolutions being acted upon that Andy Ruroede has served this Town faithfully for the better part of three decades. He takes care of buildings, grounds; he takes care of all things to do with electricity in Town facilities and he is going to be sorely missed, not only for his skills but for his warm personality and his sense, well, yeah, his common sense and his sensibility as a team player to work for the good of the Town. So, we are going to miss you, Andy. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #415 Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, July 19, 2005, at 5:00 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the th-ne and place for a public hearing for the purchase of the property owned by NOFO Associates or the successors thereto (a/k/a McFeel¥). Said property is identified as SCTM #1000-125-1-14. The address of the property is 5145 Route 25, and the property is located on the north side of Main Road in Mattituck. The subject property is 30.785+ acres in area. The proposed acquisition is for the Town to acquire fee title to the entire 30.785+ acre property for open space purposes. The purchase price for the 30.785+ acre property is $2,900,000 (two million nine hundred thousand dollars) and the purchase will be funded by the Community Preservation Fund. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for aquifer protection, open space purposes, parks, nature preserves and recreation areas. The property is located within the Special Groundwater Protection Area (SGPA) and is adjacent to, and in the vicinity of, over 500 acres of preserved land. Proposed uses of the property shall be in conjunction with the existing preserved land in the vicinity, which may include the establishment of a stewardship/interpretive area, nature preserve and passive recreational trails. As per Chapter 87 (Transfer of Development Rights) of the Code of the Town of Southold, Section 87- 5, the Land Preservation Coordinator has calculated that 21.41 Sanitary Flow Credits may be available for transfer from the parcel of property upon the Town's purchase of the property. The transfer of the Sanitary Flow Credits into the Town TDR Bank will not be finalized, and shall not occur, until the Southold Town Board 9 July 5, 2005 Town closes on the property, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #416 Moved by Councilman Ross, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to sign a Corporate Authorization Resolution with the Bridgehampton National Bank adding Linda J. Cooper~ Deputy Town Clerlq as an additional agent for the Southold Town Clerk's Account. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #417 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 Highway Fund Part -Town budget as follows: To: DB.5110.4.100.350 DB.5110.4.100.950 DB.5110.4.100.995 DB.5130.1.100.200 DB.5130.1.100.300 DB.5130.1.100.400 DB.5130.4.100.500 DB.5130.4.400.650 DB.5142.1.100.200 DB.5142.4.100.100 DB.5142.4.100.975 General Repairs, C.E. Traffic Paint General Repairs, C.E. Warning Devices General Repairs, C.E. Signs & Sign Posts Machinery, P.S. Overtime Earnings Machinery, P.S. Vacation Earnings Machinery, P.S. Sick Earnings Machinery, C.E. Parts & Supplies Machinery, C.E. Maintenance & Repairs Snow Removal, P.S. Overtime Earnings Snow Removal, C.E. Miscellaneous Supplies Snow Removal, C.E. Plow Blades, Shoes, Wheels $ 3,000.00 179.00 2,500.00 1,151.76 1,750.22 21,164.03 50,000.00 12,523.10 3,094.91 567.26 20,372.50 Southold Town Board July 5, 2005 From: DB.5110.4.100.100 DB.5110.4.100.900 DB.5110.4.100.930 DB.5130.1.100.100 DB.5130.2.300.100 DB.5140.1.100.100 DB.5140.4.100.900 DB.5142.1.100.100 DB.5142.4.100.525 10 General Repairs, C.E. Miscellaneous Supplies General Repairs, C.E. Resurfacing Projects 55,500.00 General Repairs, C.E. Stone Blend Machinery, P.S. Regular Earnings Machinery Light Duty Vehicles Brush & Weeds/Misc., P.S. Regular Earnings Brush & Weeds/Misc., C.E. Landscaping Materials Snow Removal, P.S. Regular Earnings Snow Removal, C.E. Snow Fence Vote of the Town Board: Aye: Councilman Edwards, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $ 2,500.00 179.00 24,066.01 7,023.10 20,372.50 3,000.00 3,094.91 567.26 Councilman Ross, Councilman Wickham, #418 Moved by Councilman Wickham, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby releases Kathy MacDonald from her position as a 2005 Still water lifeguard, effective innnediately. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #419 Moved by Councilman Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby releases John Boucher from his position as a 2005 Beach Attendant, effective immediately. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #42O Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold appoints the following 2005 seasonal sununer staff, effective July 5, 2005, as follows: STILLWATER LIFEGUARDS Thomas Anderson (1 st year) Alejandro Gorman (1 st year) Southold Town Board July 5, 2005 Andres Gorman BEACH ATTENDANTS Thomas Smith Vote of the Town Board: Aye: Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. 11 Councilman Edwards, (1 st year) (1 st year) Councilman Ross, Councilman Wickham, #421 Moved by Justice Evans, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Daniel A. Williams as Intern I in the Town Clerk Records Management Department, at a salary $10.49 per hour, effective July 6, 2005. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #422 Moved by Councilman Wickham, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Mike P. Patern as Intern I in the Town Clerk Records Management Department, at a salary $10.49 per hour, effective July 6, 2005. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: In case you are wondering, what the, there is a little bit of mix up, some of the resolutions, the individual resolutions were put out of order, so we are simply getting those straightened out up here among ourselves. #423 Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute Agreements between Harold's LLC (Harold Cook) and the Town for the maintenance of the Pump Station of the Fishers Island Sewer District for a period of one year effective June 1, 2005 through May 31, 2006, for the sum of $1,611.23, AND for the maintenance of the Grounds of the Fishers Island Sewer District for one year effective June 1, 2005 through May 31, 2006, for the sum of $898.98, subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #424 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Horton to sign an Agreement between the Town of Southold and the North Fork Housing Alliance~ as part of the 2005 Community Development Block Grant Program, subject to the Southold Town Board July 5, 2005 approval of the Town Attorney. Vote of the Town Board: Aye: Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. 12 Councilman Edwards, Councilman Ross, Councilman Wickham, #425 Moved by Justice Evans, seconded Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Horton to sign an Agreement between the Town of Southold and the Robert Perr~ Child Day Care Program, as part of the 2005 Community Development Block Grant Program, subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #426 Moved by Councilman Wickham, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Horton to sign an Agreement between the Town of Southold and the North Fork Early Learning Center~ as part of the 2005 Community Development Block Grant Program, subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #427 Moved by Councilman Edwards, seconded by Justice Evans, 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.1680.4.400.558 PC Software Maintenance From: A.1680.2.400.440 Personal Computers Vote of the Town Board: Aye: Councilman Edwards, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $1600.00 $1600.00 Councilman Ross, Councilman Wickham, #428 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for a Maintenance Mechanic III position for the Department of Public Works. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Southold Town Board 13 July 5, 2005 #429 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 budget as follows: To: A.1010.4.100.200 From: A.1990.4.100.100 Vote of the Town Board: Aye: Councilman Edwards, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Town Board, C.E., Zoning Maps $3,000.00 Contingent, C.E., Unallocated Contingencies $3,000.00 Councilman Ross, Councilman Wickham, #43O Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED, that the Town Board of the Town of Southold hereby grants permission to the Southold Town Board of Trustees to place an ad in the Suffolk Thnes and the Traveler- Watclunan advertising for a Public Informational Hearing to be held on July 18~ 2005 at 7:00 P.M. to discuss the proposed Mooring and Anchorage chapter of the Town Code. SUPERVISOR HORTON: As a point of discussion as it pertains to this matter, I have a listing that I would like to read to clarify this as follows: A public informational hearing will be held on Monday July 18, 2005 at 7:00 P.M. in the Meeting Hall of Southold Town Hall to discuss the proposed mooring and anchoring chapter of the Southold Town Code. Copies of the draft are available at Southold Town Hall and on the Town's website at southoldtown.northfork.net and that is put forth by the Southold Town Board of Trustees. And also as a point of disclosure in the past discussions on this matter I have recused myself as I have had involvement in a past business to do with moorings and I will not be involved in further discussions on this matter as well. So we do encourage the public to come, get input. I believe the Southold Town Trustees will also be reaching out to the United States Coast Guard and the DEC and the US Army Corp of Engineers for information, research on this matter. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans. Abstain: Supervisor Horton. This resolution was duly ADOPTED. #431 Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Mark Utz to the position of full-th-ne Custodial Worker I, in the Department of Public Works, at a salary of $31,187.48 per annum, effective July 6, 2005 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #432 Moved by Councilman Ross, seconded by Justice Evans, it was Southold Town Board 14 July 5, 2005 RESOLVED that the Town Board of the Town of Southold hereby appoints Michael DeVito as a temporary Cook at the Nutrition Center working 40 hours per week, at the rate of $13.83 per hour, effective July 6, 2005. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #433 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Lauren Semon from her position as Student Intern I in the Records Management Department, effective June 30, 2005. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #434 Moved by Councilman Wickham, seconded by Justice Evans, it was WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York on the 5th day of July, 2005, a Local Law entitled "A Local Law in Relation to the Architectural Review Committee", 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 2nd day of Augnst, 2005 at 8:00 p.m., at which time all interested persons will be given an opportunity to be heard. This proposed "Local Law in Relation to the Architectural Review Committee", reads as follows: Local Law No. I. Purpose- The purpose of this Local Law is to require that all residential site plan applications be referred to the Architectural Review Committee for their recommendations. Further, this Local Law will eliminate the requirement that members of the committee be appointed from each hamlet, and require that two members be appointed from the Town of Southold at large. This Local Law creates the position of Fishers Island liaison to the committee, to assist with Fishers Island matters. These changes in the composition of the committee are intended to enable the committee to function more effectively. II. Code Amendment § 100-258. Architectural Review Committee. A. The Architectural Review Committee shall consist of five members appointed by the Town Board to serve at the easure of the Board without compensation. _ t~ ....... , ..................... r,~v*********vv,.~ o**~**"~"n ~,uv ....... ~tq~v****~-.*~ -~***c~ *~***~. ......... ......... ~ .... ........ ~ ...... Two members of thec~" * · committee shall be architects or landscape architects, one member shall be from the .............Historic Preservation Commission, and the remaininR members shall be appointed from the Town at larRe. In addition, there shall be a Fishers Island resident appointed as a liaison to the committee to assist with Fishers Island Southold Town Board 15 July 5, 2005 B. The term of office of the Architect and Landmar!: Historic Preservation Commission members of the Committee shall be three years, provided that those members first appointed shall be appointed for one-, two- and three-year terms, respectively. The ham!et at large members shall be appointed for two-year terms, with the first appointments to be appointed for a one- and two-year term, respectively. § 100-257. Architectural review standards. Site plans, includin~ Residential Site Plans, shall be reviewed for conformance with the following criteria: § 100-259.1. Standards for residential site plans. B. SEQRA Review. The Plannin~ Board shall comply with the provisions of the New York State Environmental Quality Review Act (SEQRA), Article 8 of the Environmental Conservation Law, 6 NYCRR Part 617. C. Within ten (10) days after completion of the SEQRA review, the Plannin~ Board shall forward the application to the Architectural Review Committee for review. The Architectural Review Committee shall make a written recommendation to the Plannin~ Board on the site plan within ten (10) business days of receipt of the referral. If the Committee fails to make a recommendation within this time period, the project shall proceed to the Plannin~ Board for consideration without Committee view. tg~D. Preliminary hearing requirement. Prior to and in addition to the public hearing required by § 100-254H, the Planning Board shall hold a separate preliminary hearing on the application with notice provided pursuant to Chapter 58. G.E~ Affordable housing requirement. Every new residential site plan involving the creation of five or more dwelling units shall comply with the requirements of § Al06-11B(2)(c) of the Code of the Town of Southold, Subdivision of Land, pertaining to the provision of affordable housing. The requirements applicable to lots within subdivision in that subsection shall apply equally to dwelling units in affected residential site plans. D.F. Park and recreation requirement. The provisions of § A106-60 of the Code of the Town of Southold, Subdivision of Land, pertaining to the reservation of parkland in subdivisions, shall apply equally to residential site plans approved under this chapter, except the fee per lot therein shall herein be applicable to each dwelling unit. ~G~ Performance bond requirement. The provisions of Article IX, Bonds and Other Security, and Article X, Required Public Improvements; Inspections; Fees, of Chapter Al06, Subdivision of Land, of the Code of the Town of Southold, shall apply equally to residential site plans approved under this chapter. Pursuant to Municipal Home Rule Law § 10, § 100-259. lB, C and D herein supersede and amend New York State Town Law § 274-a regarding site plan review to the extent that the Planning Board is empowered to impose affordable housing, park and recreation and performance bond requirements in the residential site plan review process. t~. H~ Phased development. The Planning Board shall permit the phased development of residential properties that meet all other applicable standards, but shall condition the approval of the development of any permitted phase upon the maintenance of the undeveloped phases in their undeveloped condition, and shall prohibit all clearing and site preparation on such undeveloped phases until such time as development is permitted. G.I~ Planning Board authority to vary requirements for setbacks, building length and separation and courts. III. Severability. If any section or subsection, paragraph, clause, phrase or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment Southold Town Board 16 July 5, 2005 made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. IV. This Local Law shall take effect immediately upon filing with the Secretary of State. SUPERVISOR HORTON: As a point of matter, is it possible to have this on July 19th as opposed to August 2nd or would the Board prefer to have it on August 2nd? TOWN ATTORNEY FINNEGAN: We don't have enough time to advertise. It has to have 10 days in the paper. SUPERVISOR HORTON: Okay. That answers that. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: That brings us to the conclusion of our resolutions, any matters that we will be voting on this evening. I open the floor to the public to address the Town Board on other town related matters. As an aside or not an aside, a bit of information for the public, I think it is important to recognize that as of Friday evening, the Town Board did receive the final drafts of the Hamlet Stakeholder reports and upon review of those, the Town Board is going to take this week to conduct its final review of those reports. We have convened a meeting on for next Tuesday, to go over those reports at a work session and presumably to act on those reports by officially adopting them and at this point I just want say that as the Town moves forward, this is an advanced planning initiative, this is a planning initiative that involved the community, members of the community throughout town including several different points of view and we feel we have a very strong planning document that has come from the people to the Town Board as a road map that has been requested or mandated by the public to move forward on and adopt as a road map for the future of Southold Town on a hamlet by hamlet basis. I am excited about this, it is going to entail a heavy legislative agenda for the Town Board over the course of the summer and the fall and I think that we have agreed as a Board, particularly understanding that this is an election year and moving forward into the election year that we are going to work very hard and continue working in a bipartisan fashion to ensure that this important planning document and planning initiative doesn't become laden or weighed down and laden with politics over the course of this upcoming political season. We are committed to this planning, it has been discussed for many, many years and we feel we are in a position now to take the important steps that we have been told to take by the members of this community. So we look forward to moving forward with that initiative. Mrs. Egan, I believe you wanted to address the Board? MS. EGAN: Joan Egan again from East Marion. I, well, I have talked about the water coming up, you know, all over. I see another potential place that is getting worse, Mr. Horton and that, I think that is Youngs Avenue, there where the gazebo is on the west side there, there is water by the curbing all the time. SUPERVISOR HORTON: Youngs and 25? MS. EGAN: No, down here by the gazebo. SUPERVISOR HORTON: Right. Yeah, okay. On the west side? MS. EGAN: It is on the other side, the west side of the road. Southold Town Board 17 July 5, 2005 SUPERVISOR HORTON: On the west side in front of the bank? MS. EGAN: Yup. SUPERVISOR HORTON: Slash Town Hall annex? MS. EGAN: On Youngs Avenue there. Yeah. SUPERVISOR HORTON: Okay. MS. EGAN: Very bad. SUPERVISOR HORTON: I think much of that .... MS. EGAN: There is water coming up all over and with all of these trucks and all of that. SUPERVISOR HORTON: Mrs. Egan, that pooling of water has been brought to my attention and we have been in touch with the State, as you are aware, the State has a major road reconstruction project underway and that pooling of water is directly related to that construction that is currently underway and ongoing and will be mitigated upon completion of the project. MS. EGAN: I would also to a certain extent attribute it to Suffolk Water because they, when they installed most of their piping they did it as inexpensively as they could and although it was copper it was very thin copper, it wasn't put down low enough and what is happening when that water comes down, it goes down, it freezes and those (inaudible) even out here, they are all going to break up again so, I don't know how you are going to do anything about that. Now, again, I am asking you to write something about the Child Protection Agency or that people should note the availability of that information is in the back of your telephone book. If you want to call our police first you can, if you want to call the State police first. You can contact the Child Protection Agency yourself and they will tell you how to do it properly. Now, uh, oh, how has it been handled with Mr. Kapell's Guardians? Has Mr. Kapell contacted you people on how you feel or is it just strictly between Mr. Kapell and his Guardians and the Southold police and the New York State police, is it separate? Are you involved? SUPERVISOR HORTON: It is not a matter that we have been contacted on. MS. EGAN: As of yet. SUPERVISOR HORTON: As of yet. MS. EGAN: As of yet. Well, I think you should make a call there and find out. Now, the also, I think I asked you at last Town Hall meeting have Mr. McMahon clean up and make the front of our police station, while it is still there, decent. It looks terrible. I contributed and spent a lot of money last year on flowers and a lot of them have died because of him, we always had impatiens there or petunias, there is nothing there. There are a few of the things that are left but not much at all. Oh, I did take the trouble to call, to speak to Sergeant Sobinski, the head of the New York State police and you are correct and I was correct also as other people were, there was a New York State police barracks here Southold Town Board 18 July 5, 2005 and the problem is manpower. Well, he said more manpower than money. We probably could pursue it, he said, you could try to pursue it with Senator Hillary but it probably is a dead issue. So I am hoping also that we see even more auxiliary policemen in Greenport. We need them. We desperately need them. And that is it. SUPERVISOR HORTON: Thank you, Mrs. Egan. MS. EGAN: You are welcome. SUPERVISOR HORTON: If there is nothing further, I make a motion we adjourn this evening. Thank you all for coming and thank you all for tuning in. Moved by Supervisor Horton, seconded by Councilman Edwards, it was RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:12 P.M. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Elizabeth A. Neville Southold Town Clerk