HomeMy WebLinkAboutAG-01/03/2006
ELIZABETH NEVILLE
Town Hall, 53095 Main Road
TOWN CLERK
PO Box 1179
Southold, NY 11971
REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145
MARRIAGE OFFICER Telephone: (631) 765-1800
RECORDS MANAGEMENT OFFICER southoldtown.northfork.net
FREEDOM OF INFORMATION OFFICER
AGENDA
SOUTHOLD TOWN BOARD
January 3, 2006
4:30 PM
Attendee Name Present Absent Late Arrival
Councilman William P. Edwards
???
Councilman Daniel C. Ross
???
Councilman Thomas H. Wickham
???
Councilman Albert Krupski Jr.
???
Justice Louisa P. Evans
???
Supervisor Scott Russell
???
Town Clerk Elizabeth A. Neville
???
Town Attorney Patricia A. Finnegan
???
POLICY:
At scheduled Town Board meetings, the attending public is encouraged to briefly address
the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time
at the conclusion of the regularly scheduled business agenda to address the Board on any given topic.
Call to Order.
Pledge of Allegiance.
I. REPORTS
Subject Details
1. Southold Town Budget Report November 2005
2. Southold Town Program for the Disabled January through April 2006
II. PUBLIC NOTICES
Subject Details
1. Intent to Apply for Liquor License with NYS James D. Reyburn or Corp to be formed at 62385
Liquor Authority Main Rd., Southold
III. COMMUNICATIONS
None
IV. FOR DISCUSSION
Subject Details
1. Transfer Station
2. Councilman Krupski Concerns LWRP, Boat Ramps, Code Enforcement
Southold Town Meeting Agenda - January 3, 2006
Page 2
V. RESOLUTIONS
2006-87
CATEGORY: Audit
DEPARTMENT: Town Clerk
Approve Audit January 3, 2006
RESOLVED approves the audit dated
that the Town Board of the Town of Southold hereby
January 3, 2006.
Vote Record - Resolution 2006-87
?
Yes/Aye No/Nay Abstain Absent
? ? ? ?
William P. Edwards
?
Adopted
????????
?? Daniel C. Ross
Adopted as Amended
??????????
Defeated Thomas H. Wickham
??
Tabled
????????
Albert Krupski Jr.
??
Withdrawn
????????
Louisa P. Evans
????????
Scott Russell
2006-88
CATEGORY: Set Meeting
DEPARTMENT: Town Clerk
Next Town Board Meeting January 17, 2006
RESOLVED
that the next Regular Town Board Meeting of the Southold Town Board be held,
Tuesday, January 17, 2006 at the Southold Town Hall, Southold, New York at 7:30 P. M..
Vote Record - Resolution 2006-88
?
Yes/Aye No/Nay Abstain Absent
? ? ? ?
William P. Edwards
?
Adopted
????????
Daniel C. Ross
??
Adopted as Amended
??
Defeated ????????
Thomas H. Wickham
??
Tabled
????????
Albert Krupski Jr.
??
Withdrawn
????????
Louisa P. Evans
????????
Scott Russell
Southold Town Meeting Agenda - January 3, 2006
Page 3
2006-89
CATEGORY: Budget Modification
DEPARTMENT: Accounting
2006 Budget Modification--Mitchell Park Project
RESOLVEDmodifies the General Fund
that the Town Board of the Town of Southold hereby
Whole Town 2006 budget as follows:
To:
Revenues:
A.2025.00 Special Recreation Facilities
Park & Playground $100,000.00
Appropriations:
A.1620.2.500.600 Buildings & Grounds, Capital Outlay
Mitchell Park Project $100,000.00
Vote Record - Resolution 2006-89
?
Yes/Aye No/Nay Abstain Absent
? ? ? ?
William P. Edwards
?
Adopted
????????
?? Daniel C. Ross
Adopted as Amended
??????????
Defeated Thomas H. Wickham
??
Tabled
????????
Albert Krupski Jr.
??
Withdrawn
????????
Louisa P. Evans
????????
Scott Russell
2006-90
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT: Town Clerk
Authorize and Direct Supervisor Scott A. Russell to Sign an Agreement with General Code
RESOLVED authorizes and directs
that the Town Board of the Town of Southold hereby
Supervisor Scott A. Russell to sign an agreement with General Code
to provide codification
services to the Town of Southold.
Vote Record - Resolution 2006-90
?
Yes/Aye No/Nay Abstain Absent
? ? ? ?
William P. Edwards
?
Adopted
????????
Daniel C. Ross
??
Adopted as Amended
??????????
Defeated Thomas H. Wickham
??
Tabled
????????
Albert Krupski Jr.
??
Withdrawn
????????
Louisa P. Evans
????????
Scott Russell
Southold Town Meeting Agenda - January 3, 2006
Page 4
2006-91
CATEGORY: Budget Modification
DEPARTMENT: Data Processing
Modify the 2005 Data Processing Budget
RESOLVEDmodifies the 2005 Data
that the Town Board of the Town of Southold hereby
Processing budget as follows:
From:
A.1680.4.100.555 Cables and Connectors $645.00
To:
A.1680.4.100.554 Tapes and Diskettes $645.00
Vote Record - Resolution 2006-91
?
Yes/Aye No/Nay Abstain Absent
? ? ? ?
William P. Edwards
?
Adopted
????????
Daniel C. Ross
??
Adopted as Amended
??????????
Defeated Thomas H. Wickham
??
Tabled
????????
Albert Krupski Jr.
??
Withdrawn
????????
Louisa P. Evans
????????
Scott Russell
2006-92
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT: Solid Waste Management District
Authorize and Direct Supervisor Scott Russell to Sign a Memorandum of Understanding (MOU) with the
Greater Long Island Clean Cities Coalition
RESOLVED
that the Town Board of the Town of Southold, in recognition of the need to reduce
dependency upon foreign fuel imports and the development and availability of new, cost-
authorizes and directs
effective, alternate fuel technologies that may further this goal, hereby
Supervisor Scott Russell to sign a Memorandum of Understanding (MOU) with the
Greater Long Island Clean Cities Coalition to support the Coalition’s efforts to promote
the voluntary use, where practicable, of Alternate Fuel Vehicles by public and private
agencies on Long Island,
all in accordance with the approval of the Town Attorney.
Southold Town Meeting Agenda - January 3, 2006
Page 5
Vote Record - Resolution 2006-92
?
Yes/Aye No/Nay Abstain Absent
? ? ? ?
William P. Edwards
?
Adopted
????????
Daniel C. Ross
??
Adopted as Amended
??
Defeated ????????
Thomas H. Wickham
??
Tabled
????????
Albert Krupski Jr.
??
Withdrawn
????????
Louisa P. Evans
????????
Scott Russell
2006-93
CATEGORY: Bid Acceptance
DEPARTMENT: Solid Waste Management District
Accept the Bid of Meridian, Inc., of Plainfield, CT, to Remove Waste Scrap Tires
RESOLVED accepts the bid of
that the Town Board of the Town of Southold hereby
Meridian, Inc., of Plainfield, CT, to remove waste scrap tires from the Southold Town Solid
Waste District for the 2006 calendar year
at a cost of $ 1,350 per trailer load, all in accordance
with the Town Attorney.
Vote Record - Resolution 2006-93
?
Yes/Aye No/Nay Abstain Absent
? ? ? ?
William P. Edwards
?
Adopted
????????
?? Daniel C. Ross
Adopted as Amended
??????????
Defeated Thomas H. Wickham
??
Tabled
????????
Albert Krupski Jr.
??
Withdrawn
????????
Louisa P. Evans
????????
Scott Russell
2006-94
CATEGORY: Bid Acceptance
DEPARTMENT: Solid Waste Management District
Accept the Bid of Phoenix Recycling, Inc. to Supply the Town with Plastic Yellow Garbage Bags
RESOLVED accepts the bid of Phoenix
that the Town Board of the Town of Southold hereby
Recycling, Inc. to supply the Town with plastic yellow garbage bags from April 1, 2006
through March 31, 2007 at a total price of $85,512
, all in accordance with the Town Attorney.
Southold Town Meeting Agenda - January 3, 2006
Page 6
Vote Record - Resolution 2006-94
?
Yes/Aye No/Nay Abstain Absent
? ? ? ?
William P. Edwards
?
Adopted
????????
Daniel C. Ross
??
Adopted as Amended
??
Defeated ????????
Thomas H. Wickham
??
Tabled
????????
Albert Krupski Jr.
??
Withdrawn
????????
Louisa P. Evans
????????
Scott Russell
2006-95
CATEGORY: Bid Acceptance
DEPARTMENT: Solid Waste Management District
Accept the Bid of Care Environmental Corp. to Remove Household Hazardous Wastes (HHW)
RESOLVED accepts the bid of Care
that the Town Board of the Town of Southold hereby
Environmental Corp. to remove household hazardous wastes (HHW) collected from
residents under the Town’s periodic HHW drop-off program in calendar year 2006
, at a
total estimated cost of $40,000, all in accordance with the Town Attorney.
Vote Record - Resolution 2006-95
?
Yes/Aye No/Nay Abstain Absent
? ? ? ?
William P. Edwards
?
Adopted
????????
?? Daniel C. Ross
Adopted as Amended
??????????
Defeated Thomas H. Wickham
??
Tabled
????????
Albert Krupski Jr.
??
Withdrawn
????????
Louisa P. Evans
????????
Scott Russell
2006-96
CATEGORY: Bid Acceptance
DEPARTMENT: Solid Waste Management District
Accept the Bid of Pabco Industries, LLC, of Newark, NJ to Supply the Town with Biodegradable Paper
Leaf Bags
RESOLVED accepts the bid of Pabco
that the Town Board of the Town of Southold hereby
Industries, LLC, of Newark, NJ to supply the town with biodegradable paper leaf bags for
the 2006 calendar year
, at a cost of $ .2954 per bag for up to 25,000 bags; $.2856 per bag for
25,001 – 65,000 bags; and $.2835/bag for over 65,000 bags, all in accordance with the Town
Attorney.
Southold Town Meeting Agenda - January 3, 2006
Page 7
Vote Record - Resolution 2006-96
?
Yes/Aye No/Nay Abstain Absent
? ? ? ?
William P. Edwards
?
Adopted
????????
Daniel C. Ross
??
Adopted as Amended
??
Defeated ????????
Thomas H. Wickham
??
Tabled
????????
Albert Krupski Jr.
??
Withdrawn
????????
Louisa P. Evans
????????
Scott Russell
2006-97
CATEGORY: Budget Modification
DEPARTMENT: Accounting
Modify the 2006 Solid Waste Management District Budget
RESOLVEDmodifies the 2006 Solid
that the Town Board of the Town of Southold hereby
Waste Management District budget as follows:
From:
SR.8160.4.400.855 HAZMAT Physicals $ 1,700
To:
SR.8160.4.400.900 Security/Alarm Systems $ 1,700
Vote Record - Resolution 2006-97
?
Yes/Aye No/Nay Abstain Absent
? ? ? ?
William P. Edwards
?
Adopted
????????
Daniel C. Ross
??
Adopted as Amended
??
Defeated ????????
Thomas H. Wickham
??
Tabled
????????
Albert Krupski Jr.
??
Withdrawn
????????
Louisa P. Evans
????????
Scott Russell
2006-98
CATEGORY: Authorize to Bid
DEPARTMENT: Solid Waste Management District
Authorize and Direct the Town Clerk to Advertise for Bids for the Purchase of a Used Maintenance
Vehicle for the Solid Waste Management District
RESOLVEDauthorizes and directs the
that the Town Board of the Town of Southold hereby
Town Clerk to advertise for bids for the purchase of a Used Maintenance Vehicle for the
Southold Town Meeting Agenda - January 3, 2006
Page 8
Solid Waste Management District,
all in accordance with specifications prepared by the Solid
Waste Coordinator.
Vote Record - Resolution 2006-98
?
Yes/Aye No/Nay Abstain Absent
? ? ? ?
William P. Edwards
?
Adopted
????????
Daniel C. Ross
??
Adopted as Amended
??
Defeated ????????
Thomas H. Wickham
??
Tabled
????????
Albert Krupski Jr.
??
Withdrawn
????????
Louisa P. Evans
????????
Scott Russell
2006-99
CATEGORY: Budget Modification
DEPARTMENT: Building Department
Modify the 2005 Building Department Budget
RESOLVEDmodifies the 2005 Building
that the Town Board of the Town of Southold hereby
Department budget as follows:
From:
B.3620.4.600.200 Meetings and Seminars $1,282.00
B.3620.4.600.300 Travel $1.350.00
B.3620.4.600.100 Radio Airtime $151.54
To:
B.3620.1.100.200 Overtime Earnings $2,783.54
Vote Record - Resolution 2006-99
?
Yes/Aye No/Nay Abstain Absent
? ? ? ?
William P. Edwards
?
Adopted
????????
?? Daniel C. Ross
Adopted as Amended
??????????
Defeated Thomas H. Wickham
??
Tabled
????????
Albert Krupski Jr.
??
Withdrawn
????????
Louisa P. Evans
????????
Scott Russell
2006-100
CATEGORY: Bid Acceptance
DEPARTMENT: Police Dept
Southold Town Meeting Agenda - January 3, 2006
Page 9
Accept the Bid of Bay Ridge Motors, Inc., for Surplus Vehicles
RESOLVED accepts the bid of Bay
that the Town Board of the Town of Southold hereby
Ridge Motors, Inc.
in the amount of $379.00 each for the 1999 Ford vehicle and 2000 Ford
vehicle and $559.00 for the 2001 Ford vehicle located at Lou's Garage, Mattituck, for parts in "as
is" condition, all in accordance with the Town Attorney.
Vote Record - Resolution 2006-100
?
Yes/Aye No/Nay Abstain Absent
? ? ? ?
William P. Edwards
?
Adopted
????????
?? Daniel C. Ross
Adopted as Amended
??
Defeated ????????
Thomas H. Wickham
??
Tabled
????????
Albert Krupski Jr.
??
Withdrawn
????????
Louisa P. Evans
????????
Scott Russell
2006-101
CATEGORY: Litigation
DEPARTMENT: Town Attorney
Designate Southold Town Assistant Town Attorney, Lori Hulse Montefusco,
As Special Assistant District Attorney
RESOLVEDamends Resolution No. 783
that the Town Board of the Town of Southold hereby
of 2005 to read as follows:
RESOLVED
that the Town Board of the Town of Southold hereby requests Suffolk County
District Attorney Thomas Spota to designate Southold Town Assistant Town Attorney, Lori
, for the purpose of prosecuting
Hulse Montefusco, as Special Assistant District Attorney
violations of the Code and Ordinances of the Town of Southold
, to serve at the pleasure of
the Town Board.
Vote Record - Resolution 2006-101
?
Yes/Aye No/Nay Abstain Absent
? ? ? ?
William P. Edwards
?
Adopted
????????
Daniel C. Ross
??
Adopted as Amended
??
Defeated ????????
Thomas H. Wickham
??
Tabled
????????
Albert Krupski Jr.
??
Withdrawn
????????
Louisa P. Evans
????????
Scott Russell
Southold Town Meeting Agenda - January 3, 2006
Page 10
2006-102
CATEGORY: Bid Acceptance
DEPARTMENT: Town Clerk
Reject Bids for Police Uniforms Supplying and Authorize the Town Clerk to Rebid
RESOLVEDrejects any and all bids
that the Town Board of the Town of Southold hereby
received for the supplying of Police Uniforms for the 2006 calendar year
due to a
specification correction and be it further
RESOLVEDauthorized and directed to re-bid when the
that the Town Clerk is hereby
specifications have been corrected.
Vote Record - Resolution 2006-102
?
Yes/Aye No/Nay Abstain Absent
? ? ? ?
William P. Edwards
?
Adopted
????????
?? Daniel C. Ross
Adopted as Amended
??????????
Defeated Thomas H. Wickham
??
Tabled
????????
Albert Krupski Jr.
??
Withdrawn
????????
Louisa P. Evans
????????
Scott Russell
2006-103
CATEGORY: Bid Acceptance
DEPARTMENT: Town Clerk
Declare Surplus Law Books to be Obsolete and Destroyed
WHEREAS
the Town Clerk has received no bids for the following Used Law Books,
6 McKinney’s NY Rules of Court State & Federal 1996
175 McKinney’s Consolidated Laws of NY Annotated 80’s 90’s,
some older
1 McKinney’s Volunteer Ambulance Workers Benefit Law 1995
Pamphlet
1 McKinney’s Interim Update
1 McKinney’s Domestic Relations Law Pamphlet
6 Sheppard’s NY Miscellaneous Citations 1994
8 Sheppard’s NY Court of Appeals Citations 1993
12 Sheppard’s NY Supreme Court Citations 1995
1 Sheppard’s NY Supreme Court Citations 1996
Southold Town Meeting Agenda - January 3, 2006
Page 11
2 Sheppard’s NY Supreme Court Citations 1997
5 Sheppard’s NY Statute Citations 1995
1 Local Laws of the Cities, Counties & Villages in the State of NY
enacted during the year 1943
now therefor be it
RESOLVED the surplus Law
that the Town Board of the Town of Southold hereby declares
Books to be obsolete and destroyed.
Vote Record - Resolution 2006-103
?
Yes/Aye No/Nay Abstain Absent
? ? ? ?
William P. Edwards
?
Adopted
????????
?? Daniel C. Ross
Adopted as Amended
??????????
Defeated Thomas H. Wickham
??
Tabled
????????
Albert Krupski Jr.
??
Withdrawn
????????
Louisa P. Evans
????????
Scott Russell
2006-104
CATEGORY: Public Service
DEPARTMENT: Public Works
Eagle Scout Project
RESOLVEDgrants permission to Ryan
that the Town Board of the Town of Southold hereby
McIntyre to replace a wood footbridge at Downs Farm Preserve
, as part of his Eagle Scout Project for
Boy Scout Troop 39, Mattituck, as per the plans and specifications drawn by James Richter, Office of the
Town Engineer.
Vote Record - Resolution 2006-104
?
Yes/Aye No/Nay Abstain Absent
? ? ? ?
William P. Edwards
?
Adopted
????????
Daniel C. Ross
??
Adopted as Amended
??
Defeated ????????
Thomas H. Wickham
??
Tabled
????????
Albert Krupski Jr.
??
Withdrawn
????????
Louisa P. Evans
????????
Scott Russell
2006-105
CATEGORY: Bid Acceptance
DEPARTMENT: Town Clerk
Southold Town Meeting Agenda - January 3, 2006
Page 12
Accept the Bid of Arshamomaque Dairy Farm, Inc. to Supply Milk to the Human Resource Center
RESOLVEDaccepts the bid of
that the Town Board of the Town of Southold hereby
Arshamomaque Dairy Farm, Inc. to supply milk to the Human Resource Center
for the
2006 calendar year, all in accordance with the Town Attorney.
Vote Record - Resolution 2006-105
?
Yes/Aye No/Nay Abstain Absent
? ? ? ?
William P. Edwards
?
Adopted
????????
?? Daniel C. Ross
Adopted as Amended
??????????
Defeated Thomas H. Wickham
??
Tabled
????????
Albert Krupski Jr.
??
Withdrawn
????????
Louisa P. Evans
????????
Scott Russell
2006-106
CATEGORY: Employment
DEPARTMENT: Town Clerk
Appoint Daniel Welch to the Position of Part-Time Scale Operator
RESOLVED appoints Daniel Welsh to
that the Town Board of the Town of Southold hereby
the position of part-time scale operator
effective January 11, 2006 at a rate of $12.91 per hour,
not to exceed 20 hours per week.
Vote Record - Resolution 2006-106
?
Yes/Aye No/Nay Abstain Absent
? ? ? ?
William P. Edwards
?
Adopted
????????
?? Daniel C. Ross
Adopted as Amended
??????????
Defeated Thomas H. Wickham
??
Tabled
????????
Albert Krupski Jr.
??
Withdrawn
????????
Louisa P. Evans
????????
Scott Russell
2006-107
CATEGORY: Landfill Misc.
DEPARTMENT: Town Clerk
Authorize the Re-Opening of the Solid Waste Transfer Station and Yard Waste Compost Facility
Southold Town Meeting Agenda - January 3, 2006
Page 13
RESOLVEDauthorizes the re-opening
that the Town Board of the Town of Southold hereby
of the Solid Waste Transfer Station and Yard Waste Compost facility
to the public on
Wednesdays beginning January 11, 2006.
Vote Record - Resolution 2006-107
?
Yes/Aye No/Nay Abstain Absent
? ? ? ?
William P. Edwards
?
Adopted
????????
?? Daniel C. Ross
Adopted as Amended
??????????
Defeated Thomas H. Wickham
??
Tabled
????????
Albert Krupski Jr.
??
Withdrawn
????????
Louisa P. Evans
????????
Scott Russell
2006-108
CATEGORY: Budget Modification
DEPARTMENT: Solid Waste Management District
Modify the 2005 Solid Waste Management District Budget
RESOLVEDmodifies the 2005 Solid
that the Town Board of the Town of Southold hereby
Waste Management District budget as follows:
From:
SR.8160.2.500.450 – Radio Equipment $ 207.57
SR.8160.4.100.150 – Scalehouse Supplies $ 110.99
SR.8160.4.400.805 - MSW Removal $1,500.00
SR.8160.4.600.200 - Meetings and Seminars $ 375.00
To:
SR.8160.2.500.300 – Traffic Control Devices $ 207.57
SR.8160.4.100.125 – Miscellaneous Supplies $ 110.99
SR.8160.4.400.100 - Engineering $1,500.00
SR.8160.4.600.300 - Travel Reimbursement $ 375.00
Vote Record - Resolution 2006-108
?
Yes/Aye No/Nay Abstain Absent
? ? ? ?
William P. Edwards
?
Adopted
????????
?? Daniel C. Ross
Adopted as Amended
??????????
Defeated Thomas H. Wickham
??
Tabled
????????
Albert Krupski Jr.
??
Withdrawn
????????
Louisa P. Evans
????????
Scott Russell
Southold Town Meeting Agenda - January 3, 2006
Page 14
2006-109
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT: Town Clerk
Authorize and Direct Supervisor Scott A. Russell to Execute an Agreement with Island Group
Administration, Inc.
RESOLVEDauthorizes and directs
that the Town Board of the Town of Southold hereby
Supervisor Scott A. Russell to execute an agreement with Island Group Administration,
Inc.
for the administration of the Town of Southold Employee Health Plan for the 2006 calendar
year, said agreement subject to the approval of the Town Attorney.
Vote Record - Resolution 2006-109
?
Yes/Aye No/Nay Abstain Absent
? ? ? ?
William P. Edwards
?
Adopted
????????
?? Daniel C. Ross
Adopted as Amended
??????????
Defeated Thomas H. Wickham
??
Tabled
????????
Albert Krupski Jr.
??
Withdrawn
????????
Louisa P. Evans
????????
Scott Russell
2006-110
CATEGORY: Seqra
DEPARTMENT: Town Clerk
Determine that the Adoption of the Local Law Entitled "A Ninety Day Extension of the Temporary
Moratorium on the Processing, Review Of, and Making Decisions on Applications for Site Plans and
Special Exception Use Permits for Retail Stores Over 3000 Square Feet In the Town of Southold" In a
Type II Action and Not Subject to Review Under SEQRA Rules and Regulations
RESOLVEDfinds that the adoption of the local
that the Town Board of the Town of Southold hereby
law entitled “A Ninety day Extension of the Temporary Moratorium on the Processing, Review of,
and making Decisions on applications for Site Plans and Special Exception Use Permits for Retail
Stores over 3000 square feet in the Town of Southold” is classified as a Type II Action pursuant to
SEQRA Rules and Regulations
, 6 NYCRR Section 617.5, and is not subject to review under SEQRA.
Southold Town Meeting Agenda - January 3, 2006
Page 15
Vote Record - Resolution 2006-110
?
Yes/Aye No/Nay Abstain Absent
? ? ? ?
William P. Edwards
?
Adopted
????????
Daniel C. Ross
??
Adopted as Amended
??
Defeated ????????
Thomas H. Wickham
??
Tabled
????????
Albert Krupski Jr.
??
Withdrawn
????????
Louisa P. Evans
????????
Scott Russell
2006-111
CATEGORY: Enact Local Law
DEPARTMENT: Town Clerk
Enact Local Law Entitled, “A Ninety Day Extension of the Temporary Moratorium on the Processing,
Review Of, and Making Decisions on Applications for Site Plans and Special Exception Use Permits for
Retail Stores Over 3000 Square Feet In the Town of Southold
WHEREAS
there has been presented to the Town Board of the Town of Southold, Suffolk County, New
“A Ninety day Extension of the
York, on the 20th day of December, 2005, a Local Law entitled,
Temporary Moratorium on the Processing, Review of, and making Decisions on applications for
Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of
Southold”
; and
WHEREAS
the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law
at which time all interested persons were given an opportunity to be heard, now therefor be it
RESOLVED ENACTS“A
that the Town Board of the Town of Southold hereby local law entitled,
Ninety day Extension of the Temporary Moratorium on the Processing, Review of, and making
Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over
3000 square feet in the Town of Southold
” which reads as follows:
LOCAL LAW NO. __1__ 2006
A Ninety Day Extension of the Temporary Moratorium on the Processing, Review of, and
making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over
3000 square feet in the Town of Southold
BE IT ENACTED BY, the Town Board of the Town of Southold as follows:
Section 1. PURPOSE AND INTENT
Southold Town Meeting Agenda - January 3, 2006
Page 16
The Town Board is considering the important recommendations of the recently adopted Hamlet Study
and the Planning Board, but is faced at the same time with pending and proposed applications for
development of retail, formula, and “big box” type development which could be detrimental to the
character and sustainability of the hamlet centers. The Town Board recognizes that the existing Zoning
Code is inadequate to deal with these chain and large-scale businesses that have been and will, in the near
future, be proposed.
The size and population of the Town, the scale of its existing buildings, the traffic and
transportation issues facing the hamlets, and the long-range goals of the Town (as set forth in the recently
adopted Hamlet Study and other past planning studies) dictate that retail and commercial limits should be
established to sustain the hamlets. Regulation on the size, location and appearance of large chain retail
businesses is necessary to address the problems these businesses create.
It is critical that the issues be handled in a comprehensive manner, crucial legislative decisions
made and those decisions implemented. The Town Planning Board, Planning Department and Town
Attorney Department have been working hard since the enactment of the moratorium to review retail
uses, sizes, and locations to update and create new legislation that will comprehensively meet the long-
range goals of the Town. The Town Board held a hearing on proposed legislation on December 14, 2005,
at which time valuable public comments were received. The Town Board would like to review the public
input, and revise the proposed legislation to better serve the needs of the community. Further, on January
1, 2006, there will be a new Town Supervisor and one new Councilperson, who will provide input into
the crafting of legislation. The Town Board finds that it is reasonable and in the public interest to further
temporarily suspend the application process for larger retail stores so that it has adequate time to examine,
assess and address these uses that would otherwise be detrimental to the community.
For the reasons stated above and to permit the Town Board to decide on and enact needed
legislation, the extension of this moratorium is necessary.
Section 2. ENACTMENT OF TEMPORARY MORATORIUM
For a period of Ninety (90) Days following the effective date of this Local Law after which date
this Local Law shall lapse and be without further force and effect and subject to any other Local Law
adopted by the Town Board during the Ninety (90) Day period:
1) the Planning Board shall not accept for review, continue review, hold a hearing or
make any decision upon any application for a site plan containing a RETAIL STORE
over 3000 square feet, whether submitted prior to or after the effective date of this law,
and shall not be subject to the time periods specified in Town Law § 274-a and Article
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Page 17
XXV of the Southold Town Code, including without limitation, provisions relating to
the, processing, reviewing, holding of hearings and the rendering of decisions. The
statutory and locally-enacted time periods for processing and making decisions on all
aspects of said site plan applications are suspended and stayed while this Local Law is
in effect. All terms used in this Local Law are as defined in §100-13 of the Code of the
Town of Southold.
2) The Zoning Board of Appeals shall not accept for review, continue review, hold a
hearing on, continue a hearing or make any decision upon any application for a special
exception use permit containing a RETAIL STORE over 3000 square feet, whether
submitted prior to or after the effective date of this law, and shall not be subject to the
time periods specified in Town Law § 274-b and Chapter 100 of the Southold Town
Code, including without limitation, provisions relating to the, processing, reviewing,
holding of hearings and the rendering of decisions. The statutory and locally-enacted
time periods for processing and making decisions on all aspects of said special
exception use permits are suspended and stayed while this Local Law is in effect. All
terms used in this Local Law are as defined in §100-13 of the Code of the Town of
Southold.
Section 3. APPLICATION
This local law shall apply to ALL [new or pending] applications for site plans or special
exception use permits for RETAIL STORES over 3000 square feet in the Town of Southold.
Section 4. EXCLUSIONS
This Local Law shall not apply to:
1) Site plans for which final or conditional final approval was granted by the Planning Board
prior to the effective date of this local law;
2) Additions to existing retail stores or restaurants, provided said addition will not result in a
cumulative floor area of said business in excess of 3000 square feet, and further provided
such addition to retail store or restaurant does not include a drive-through component;
3) Wineries;
4) Agricultural operations and accessory uses thereto.
Section 5. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE
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Page 18
To the extent that any provisions of this Local Law are in conflict with or are construed as
inconsistent with the provision of New York State Town Law, this Local Law supersedes, amends and
takes precedence over NYS Town Law pursuant to the Town’s municipal home rule powers, pursuant to
Municipal Home Rule Law § 10(1)(ii)(d)(3); § 10(1)(ii)(a)(14) and § 22 to supersede any inconsistent
authority.
In particular, to the extent and degree any provisions of this Local Law are construed as
being inconsistent with the provisions of Town Law § 274-a, §274-b and the provisions and
requirements set forth in Chapter 100 of the Southold Town Code, which require that the
Planning Board or Zoning Board of Appeals process, review, hold hearings on, and act upon
applications for site plans and special exception use permits within specified time periods, this
local law suspends and stays the running of time periods for processing, review, holding hearings
on, making decisions, and taking action on such applications provided for in those laws and is
intended to supersede and amend any said inconsistent authority.
Section 6. APPEAL PROCEDURES
a. The Town Board shall have the authority to vary or waive the application of any
provision of this Local Law if, in its legislative discretion, upon its determination, the variance or waiver
is required to alleviate an extraordinary hardship. To grant such request, the Town Board must find that a
variance or waiver will not adversely affect the purpose of this local law, the health, safety or welfare of
the Town of Southold, or any comprehensive planning efforts being undertaken in the Town. The Town
Board shall take into account the existing land use in the immediate vicinity of the property, the range of
business opportunities in the vicinity of the property and the surrounding hamlet, the rural, cultural,
historic and business character of the hamlet, and the impact of the variance or waiver on the open and
recreational space, and transportation infrastructure of the Town. The application must comply with all
other applicable provisions of the Southold Town Code.
b. Any request for a variance or waiver shall be filed with the Town Clerk and shall include
a fee of two hundred fifty ($250.00) dollars for the processing of such application, along with copies of
the site development plan and any related information required in accordance with the procedures set
forth in Chapter 100 of the Southold Town Code.
c. All such applications shall, within five (5) days of filing with the Town Clerk be referred
to the Planning Board, which shall have ten (10) days following receipt to make a recommendation to
approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall
be transmitted to the Town Board. The Town Board may conduct a public hearing and make a final
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Page 19
decision on the application, with or without conditions. Final approval is reserved to the absolute
legislative discretion of the Town Board
Section 7. 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 effect the validity of this law as a whole or
any part thereof other than the part so decided to be unconstitutional or invalid.
Section 8. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State.
Vote Record - Resolution 2006-111
?
Yes/Aye No/Nay Abstain Absent
? ? ? ?
William P. Edwards
?
Adopted
????????
Daniel C. Ross
??
Adopted as Amended
??
Defeated ????????
Thomas H. Wickham
??
Tabled
????????
Albert Krupski Jr.
??
Withdrawn
????????
Louisa P. Evans
????????
Scott Russell
PUBLIC HEARINGS
Public Hearing #1
5:00 P.M.- PHETMR
A UBLIC EARING ON AN XTENSION OF THE EMPORARY ORATORIUM ON ETAIL
S
TORES
Vote Record - Public Hearing #1
?
Yes/Aye No/Nay Abstain Absent
? ? ? ?
William P. Edwards
????????
Daniel C. Ross
?
Adjourned
????????
Thomas H. Wickham
??
Closed
????????
Albert Krupski Jr.
????????
Louisa P. Evans
????????
Scott Russell