HomeMy WebLinkAboutAG-02/28/2006
,
ELIZABETH NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
~~~~at, 53i\0l1\~ad~ pW\
PO Box 1179
Southold, NY 11971
Fax (631) 765-6145
Telephone: (631) 765 - 1800
southo Idtown.northfork.net
AGENDA
SOUTHOLD TOWN BOARD
February 28, 2006
4:30 PM
Present
[3"
Attendee Name
Councilman Albert Jr.
Councilman William P. Edwards
Councilman Daniel C. Ross
Councilman Thomas H. Wickham
Justice Louisa P. Evans
Scott Russell
Town Clerk Elizabeth A
Town Attorney Patricia A Finnegan
Arrival
Absent
D
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
None
II. PUBLIC NOTICES
Sub'ect
1. Renewal of Winery License with NYS Liquor
Authori
2. NYS DEC Notice of Com
3. Proposed Use Variance
4. Army Corps of Engineers
5. Army Corps of Engineers
6. Army Corps of Engineers
7. Army Corps of Engineers
8.
lication
Details
Osprey's Dominion, 44075 Main Road, Peconic
Peter Cowan, 435 Mockin bird Lane, Southold
Kaplan's Market LLC, 429 Kaplan Avenue,
Green ort
Application by Michael Carlucci, 865 Island View
Lane, Green ort for a dred in ro' ect.
John Mulholland, 725 Island View Lane, Greenport
for a dred in roO eel.
George Baldwin, 1045 Island View Lane,
Green ort for a dred in ro' ect
Virginia A. Bontje, Island View Lane, Greenport
for a dred in roo ect
Robert H. Krudo , 4650 Ole Jule Lane, Mattituck
. Southold Town Meeting Agenda - February 28, 2006
Page 2
III. COMMUNICATIONS
None
IV. DISCUSSION
Subject Details
1. Proposal for Pumpout Boat 9:00 a.m. Dave Bergen
2. Possible New Committee Pumn Out Boat - Trustees
3. Peace Officer 9:30 a.m. JudlZe Price
4. ChanlZe Work Order / Comoost Pricing 10:00 a.m. - Jim Bunchuck
5. East End Lighthouses 10:30 a.m. Merle Wiggins
6. CDC II :00 a.m. - Marianne Garvin-
7. Representatives to East End Transportation
Council
8. Home Rule Request Peconic Bav Regional Transportation Council
9. Animal Shelter
10. Retail Local Law
11. Executive Session 1 :00 nm. - Melissa Spiro, Land Acquisition
12. Executive Session Personnel - Public Safety Dispatchers
13. Executive Session Personnel - Solid Waste Grievance
14. Executive Session Transfer of Personnel
15. NJROTC Support
16. New York State Shared Municipal Services
Incentive Grant Program (SMSI)
V. RESOLUTIONS
2006-222
CATEGORY:
DEPARTMENT:
Audit
Town Clerk
Approve Audit Dated February 28, 2006
RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated
Februarv 28. 2006.
./ Vote Record - Resolution 2006-222
~ ..,..,..,.X.,::,~.t.~Y.~.,..,. I ._..~.~~~t Abstain Absent
'AI~_~i!I<;i~pi~I:~!~::~'" i n.! ... 0 ........... .. ..............0
Adopted iiI' 0
..................... """"..t ..................~...... ....t:i ....... "i .......0
0 Adopted as Amended William P. Edwards , , 0
0 Defeated m'jj"anief-C-:--Ross'-- .. ... S .......... , i tj ..... ..., 0 .............r-- 0
0 Tabled "'Th"om'as"'f('-Wickham ...iJi...... ., 0 "...... ... 0 ...-...--.-.-+ u 0
0 0 ................ ..0 .n_ ....". ........ ..... .......~
Withdrawn Louisa P. Evans ; ..j 0
Russell ; ...............~. ...........0 .."... 0 i 0
Scott I
Southold Town Meeting Agenda - February 28, 2006
Page 3
2006-223
CATEGORY:
DEPARTMENT:
Set Meeting
Town Clerk
Set Next Town Board Meeting on March 14. 2006
RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held,
Tuesday, March 14,2006 at the Southold Town Hall, Southold, New York at 7:30 P. M..
'" Vote Record - Resolution 2006-223
~ Adopted
o Adopted as Amended
o Defeated
o Tabled
o Withdrawn
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William P. Edwards
Daniel C. Ross
"Thomas--t{-'Wlc"kham'
Louisa P. Evans
Scott Russell
,
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,
Absent
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2006-224
CATEGORY:
DEPARTMENT:
Contracts, Lease & Agreements
Police Dept
Authorize and Direct Supervisor Scott A. Russell to Execute an Agreement with Scott Home Healthcare
RESOLVED that the Town Board of the Town of South old hereby authorizes aud directs
Supervisor Scott A. Russell to execute an al!reement with Scott Home Healthcare to supply
oxygen cylinders for the Police Department commencing
February 20,2006 through February 19, 2007 at a cost of$150.00 for fifteen (15) cylinders, all
in accordance with the approval of the Town Attorney.
oF Vote Record - Resolution 2006-224
~Adopted
o Adopted as Amended
o Defeated
o Tabled
o Withdrawn
........................~:S~~i
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Daniel C. Ross
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Louisa P. Evans
Scott Russell
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I
Southold Town Meeting Agenda - February 28, 2006
Page 4
2006-225
CATEGORY:
DEPARTMENT:
Employment
Town Clerk
Promote Jake Bean to the Position of Captain for the Fishers Island Ferry District
RESOLVED that the Town Board ofthe Town of Southold hereby promotes Jake Bean to the
position of Captain for the Fishers Island Ferrv District at an hourly wage of $9.90, effective
February 16, 2006.
./ Vote Record - Resolution 2006-225
~AdoPted , ..."...Y.~~~"~.".. , ..".~.~.~~y., , Abstain , Absent
rr .. , .......(m 0 " "."."."..... "".. 0
._..~l!'.!?_r..t:_,!5!.:Y.P.~,~.!'J~:m. , 0
............ .....................~. "-T .............. 0 ..............j. ........"0
0 Adopted a, Amended William P. Edwards .s ........... ,J 0
....'.0 -- 0 ..............i.
0 Defeated Daniel C. Ross I ..........0
0 Tabled .................-..--. ',.,.,.,..i!'r..... 0 .......... .... .m.................______n.'+ -- 0
Thomas H. Wickham 0
0 Withdrawn "'LQ'uls'ilmp''''"Ey'a"i1's''---' ............... ....... .........t.... 0 ............. , .........."Er ., ............. ,...,.,.,.,.~.....
.......j.... i ; 0
., --, .... ................. [;j7" ......". ...... '0' .--t- 0 .............+ .........'0'.
Scott Russell , ,
2006-226
CATEGORY:
DEPARTMENT:
Employment
Town Clerk
Increase the Hourly Rate of James Brown, Fishers Island Ferry District
RESOLVED that the Town Board of the Town of South old hereby increases the hourlv rate of
James Brown, Fishers Island Ferrv District to $16.00, effective February 16. 2006.
./ Vote Record ~ Resolution 2006-226
d"" Adopted
o Adopted as Amended
o Defeated
o Tabled
o Withdrawn
~,).~~!:U5!.~,-e~.~,!.,'~~:,..,.
Williamp. Edwards
Daniel C. Ross
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2006-227
CATEGORY:
DEPARTMENT:
Employment
Town Clerk
Increase the Hourly Rate of Bryan Grote, Deck Handfor the Fishers Island Ferry District
Southold Town Meeting Agenda - February 28, 2006
Page 5
RESOLVED that the Town Board of the Town of South old increases the honrlv rate of Brvan
Grote. deck hand for the Fishers Island Ferrv district to $9.50. effective February 16, 2006.
yr Vote Record - Resolution 2006-227
~ Adopted
o Adopted as Amended
o Defeated
D Tabled
o Withdrawn
....~.l.~.~E,~.,.~.~p_~_~_i__!~;"..,.
William P. Edwards
Daniel C. Ross
Thomas H. Wickham
Louisa P. Evans
".".."."..."................
Scott Russell
...x~.~_.,.
..............~...
Abstain
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2006-228
CATEGORY:
DEPARTMENT:
Budget Modification
TO"'TI Clerk
ModifY the 2005 Fishers Island Ferry District Budget
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 Fishers
Island Ferrv District budl!et as follows:
Appropriations:
To:
SM.1930.4
SM.1950.4
SM.561O.4
SM.571O.1
SM.571O.2
SM.5710.4
SM.5711.4
SM.9010.8
SM.9030.8
SM.9730.7
From:
SM.5709.2
SM.971O.7
Revenues:
To:
SM.4097
SM.5990
Insurance Claims
Property Tax
Elizabeth Airport
Personal Services
Equipment
Contractual Expense
Office Expense
NYS Retirement
Social Security
BAN, Interest
$ 5,500
3,500
421,000
67,000
102,000
195,000
2,000
54,000
2,500
27,000
Dock Repairs, Equipment
Serial Bonds, Interest
$ 15,500
130,000
Capital Gnmt, Federal Gov.
Appropriated Fund Balance
$370,000
364,000
Southold Town Meeting Agenda - February 28, 2006
Page 6
./ Vote Record. Resolution 2006-228
~ Adopted
o Adopted as Amended
o Defeated
o Tabled
o Withdrawn
~!::I~U:~~;:;dS..............~ :~~~I~~~~I .........~lin.......:........~b~e~t
....Tho~s-"li'..wj'ckha.m. I ~ . ............0 "..........."[j ._"-"--~--~~::::::.,.
~~::~~~s~~ans .. ... .....:.:.:.:.:: :.:.:.:.:.:::::.. -- "...~.. .....j ::::::::~:::::g ".... .... "1 :::::.:.:.::::g...::'..---------!- ."".".....tr'..
2006-229
CATEGORY:
DEPARTMENT:
Attend Seminar
Human Resource Center
Grant Permission to Karen McLaughlin, Phyllis Markopolous and Jean DeLorme to Attend a the
Alzheimer's Disease Conference and Expo
RESOLVED that the Town Board ofthe Town of Southold hereby l!rants permission to Town
Human Services Director Karen McLaul!:hlin, Senior Citizen Aide II Phvllis Markopolous
and Neil!:hborhood Aide Jean DeLorme to attend a the Alzheimer's Disease Conference and
Expo in Smithtown, NY, on Thnrsdav March 9th, 2006. All expenses for registration, travel
and lodging (if necessary) to be a legal charge to the 2006 Human Resource Center budget
(meetings and seminars).
./ Vote Record - Resolution 2006-229
~ Adopted
D Adopted as Amended
o Defeated
o Tabled
o Withdrawn
Yes/Aye ; ..~.~.~~Y...m'T Abstain , Absent
.[:;, g u~ ,g
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"."." ".O.".".............i "'"[j ~
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William P. Edwards
Daniel C. Ross
Thomas H. Wickham :'::':;$:::::'
Louisa P. Evans
...................... ........
Scott Russell
2006-230
CATEGORY:
DEPARTMENT:
Attend Seminar
Town Clerk
Grant Permission to Ed Forrester, Code Enforcement and Jamie Richter, Engineer to Attend a
Floodplain Management Workshop Provide by the NYSDEC
RESOLVED that the Town Board of the Town of Southold hereby l!:rants permission to Ed
Forrester, Code Enforcement and Jamie Richter, Enl!:ineer to attend a Floodplain
Manal!:ement Workshop provide bv the NYSDEC in Southampton, on March 2. 2006 from
Southold Town Meeting Agenda - February 28, 2006
Page 7
9:30 am to 1 :00 p.m. All expenses for registration and travel (if necessary) to be a legal charge
to the 2006 meetings and seminars budget.
./ Vote ecord. Resolution 2006-230
o
o
o
o
Adopted
Adopted as Amended
Defeated
Tabled
Withdrawn
...A.!?~}5E~1.P~~i}~.
William P. Edwards
Daniel C. Ross
Thomas H. Wickham
Louisa P. Evans
Scott Russell
" . ........."............. . . . n. ............._.....,_. Y es/ A ..".........j .. ..._.~.~!N,!l:y....".
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...."....."1"....
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Absent
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.........0....
...........0
V
...0
2006-231
CATEGORY:
DEPARTMENT:
Budget
Aceounting
ModifY the 2005 Wastewater Disposal District Budget
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005
Wastewater Disposal District budeet as follows:
To:
SS1.9030.8.000.000 Social Security
SS 1.9040.8.000.000 Workers Compensation
SS 1.971 0.6.000.000 Serial Bond Principal
130.00
85.00
250.00
From:
SS1.9710.7.000.000 Serial Bond Interest
465.00
y' Vote Record - Resolution 2006-231
~oPted , Y:~'~I ........~.4'.,~~y Abstain Absent
............ ....... ... ,..". .......,,,.... ........0
..".~.!.~~.r.!..~~p.~"~.i.JE:."." u t::'" 0 0 ..............1
.......0 .."..........., 0 .........0.
0 Adopted a. Amended William P. Edwards
0 Defeated Daniel C. Ross 5 0 .. ... ..............0 .......... 0
..... ..... ..i<j'"'"'. ......., .....0 ........... .'E' .......0 V
0 Tabled Thomas H. Wickham ..1'\ ,
............ ...............O.........................r 0 ..............1. ...0 ."--.-.."."."."'
0 Withdrawn Louisa P. Evans VI
Scott Russell 0 0 0
2006-232
CATEGORY:
DEPARTMENT:
Bond
Town Clerk
Amend Resolution #2006-190, Adopted At the February 14,2006 Regular Town Board Meeting
Southold Town Meeting Agenda - February 28, 2006
Page 8
RESOLVED that the Town Board of the Town of South old hereby amends resolution #2006-
190. adopted at the Februarv 14. 2006 rel!ular town board meetinl! to read as follows:
RESOLVED that the Town Board of the Town of Southold hereby releases the following
performance bond for the major subdivision of Laurel Links, Ltd.: Letter of Credit No. 100294
of the Bank of Smithtown in the amount of $1 00.000.00, as recommended by the Southold Town
Planning Board and the Town Engineer, subject to the approval of the Town Attorney.
D
D
D
D
Adopted
Adopted as Amended
Defeated
Tabled
Withdrawn
...~!~~EU9.:~'p'~~.!,J~,:.,.. R"
~~~::]~~ R~;:~d~,..,"".":":':~~' ......t
Thomas H. Wickham
.".".".............................".".................................
Louisa P. Evans
.....................................'.
Scott Russell
.y.~_~_ I
~ ......1...
....................~..... '
..............~.........j..
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: ...........Er..
2006-233
CATEGORY:
DEPARTMENT:
Budget Modification
Police Dept
ModifY the General Fund Whole Town 2005 Budget - Police
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General
Fund Whole Town budl!et as follows:
From:
A.9901.9.000.300
Transfers to Risk Retention Fund
$4,425.87
To:
A.3120.4.100.550
A.3120.4.100.750
A.3130. 1.200. 100
Flares, Oxygen, Ammunition
K9 Food/Vet Bills
Regular Earnings
$ 27.25
1.50
4,397.12
./ Vote Record - Resolution 2006-233
~doPted m .....-....-.-.. ~'~I ...,~,~.~~y.. ...... Abstain ".....l. Absent
.'-.'hI~~ri::t<riip~~.LE_.,_" D '0 D
D William .....-........; ....0 .. ...... ...... 0 0
Adopted as Amended P. Edwards ,
D Defeated Daniel C. Ross ....... .... 0 .... .... j " D D
i
D Tabled ;5 0 " j 0 , n_,. 0
Thomas H. Wickham
D Withdrawn ....................." ",... . .....................~ """"1 .... .."."."."........ ."..... ............ 0 .... ..........~....
Louisa P. Evans D ,
Scott Russell ... ........ ... ..... ..... "....! .. ...."..0..... D ----+- "0
i
Southold Town Meeting Agenda - February 28, 2006
Page 9
2006-234
CATEGORY:
DEPARTMENT:
Budget Modification
Human Resource Center
ModifY the 2006 Whole Town Budget - Human Resource Center
RESOL YED that the Town Board of the Town of Southold hereby modifies the 2006 Whole
Town budl!et as follows:
To:
Revenues
A.2705.40
Programs for the Aging
Gifts and Donations
Other Donations
$200.00
To:
Appropriations
A.6772.4.1 00.11 0
Programs for the Aging
Program Supplies and Materials
$200.00
"Vote Record - Resolution 2006-234
~ Adopted
o Adopted as Amended
o Defeated
o Tabled
o Withdrawn
::'~j~~~:~p.~~L!~;:::'-m
William P. Edwards
"'i5a~.r~l:-~::::f{~:s,s:-.mmmm.,..,..,.ft.
....Tho~a~. H." w;c~ai"am"'"'"'
"'i'o~i~~-p-:-E~'an';; ""0""
Scott Russell........ ...............................;er-
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j~:~:Y.A~~a;n:~b~.nt
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..........0
2006-235
CATEGORY:
DEPARTMENT:
Employment
Human Resource Center
Appoint Donna Goodale to the Position of Part-Time Food Service Worker
RESOL YED that the Town Board of the Town of Southold hereby appoints Donna Goodale to
the position of Part-Time Food Service Worker for the Human Resource Center, effective
March 1,2006, at a rate of$I1.67 per hour, 17.5 hours per week.
Southold Town Meeting Agenda - February 28, 2006
Page 10
./ Vote Record - Resolution 2006-235
, ~~~e ..,~.~,~.~y , Abstain Absent
~ Adopted , .... ... .,
., , ........0 ...........0
...AJ.~~~~.,.~.~.P~.~L~~ ! 0 ,
.........................-..........-. """+.. 0 ..""""",.. ...,. .........."."......................, ...........0
0 Adopted as Amended WilliamP. Edwards n..."..,..,' .j 0
ff mO """"",.. ........0 ......0
0 Defeated Daniel C. Ross ............1 ,
...............[?"". ,_.._.._.'m. 0 ,. mO .. .... 0 ..
0 Tabled Thomas H. Wickham I i
........... .................~. ::::r'.._n" Uo 0 ..~.
0 Withdrawn Louisa P. Evans
............ ...............................1 0 , 0 .. 0
Scott Russell ,
2006-236
CATEGORY:
DEPARTMENT:
Public Service
Town Clerk
Grant Permission to the Fishers Island Ferry District to Drydock the M/V Race Point
RESOLVED that the Tovffi Board of the Town of Southold hereby l!rants uermission to the
Fishers Island Ferry District to drydock the MN Race Point as soon as possible in order to
make repairs necessary pursuant to Coast Guard orders.
./ Vote Record - Resolution 2006-236
i ......X~~ , ........~.~!!..'r.~y." Abstain Absent
~doPted ................................. 5 ... f ....................0 U '0'
....~.l.~.~E,~,,~.~.P"~~.i..,~~:.,.. ........{ 0
.... ..................~ ...., ..........0.... r' 0 .----.--.-.t ...........0
0 Adopted as Amended William P. Edwards t\.
0 Defeated , ...., ............0 , 0 ........ ...........0
Daniel C- Ross ,
, ,
0 Tabled Thomas H. Wickham ...--...........--......., ...., ....0 ............ 0 ........"-"-"-" .........F
,
0 Withdrawn Louisa P. Evans .---- .......~. ..........0 ............., ...... 0 ........ .....
-"1" -! ,
.."."."."...".... .... .. ___.n.._____.........._..._.......,. ........-... ...........Ef
Scott Russell 0 , 0
2006-237
CATEGORY:
DEPARTMENT:
Budget Modification
Town Attorney
ModifY the 2005 General Fund Whole Town Budget - Town Attorney
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General
Fund Whole Town budl!et as follows:
From:
A9901.9.000.300
Transfers to Other Funds
Transfer to Risk Retention Fund
$707.85
To:
A 1420.4.600.600
Town Attorney, Miscellaneous
Dues and Subscriptions
$707.85
Southold Town Meeting Agenda - February 28, 2006
Page 11
" Vote Record - Resolution 2006-237
~ ......~~.~. , .."....,~,~.(N.~Y.. , Abstain Absent
J:'\ .':::::t ....m..............". , ..........Ef
Adopted _ _~)~~_!:!}5E"l!P.:~~!".!.~ 0 0 ,
.. .........0 ... ...... .......0 ... ..... ...........0
0 Adopted as Amended William P. Edwards , ,
5 .... ......t..... ..........ir .........j. ... ........0. ...0 ...........0..
0 Defeated Daniel C. Ross ,
..... .......'..... ..........i<j"'". ........, .... .... ........... ...... ..0 ..............,- .................~.......
0 Tabled Thomas H. Wickham , 0
0 WithdraMl .."."."....."..."............."..."....."."............... ............ ..... ...............ry; ... 0 ......... ... 0 .........
Louisa P. Evans
....................................................-.................. .n...' "-1" 0 0 .0
Scott Russell ,
2006-238
CATEGORY:
DEPARTMENT:
Budget Modification
Solid Waste Management District
ModifY the 2006 Solid Waste Management District Budget
RESOLVED that the Town Board ofthe Town of Southold hereby modifies the 2006 Solid
Waste Manal!ement District budl!et as follows:
From:
SR 8160.4.400.100
SR 8160.4.400.825
To:
SR 8160.2.500.450
SR 8160.4.500.100
SR 8160.4.100.566
Engineering
Glass Removal
$ 13,800.00
$ 2,000.00
Radio Equipment $
DEC Environmental Monitor $
MaintlCAT Quarry Truck $
2,000.00
10,800.00
3,000.00
.t' Vote Record - Resolution 2006-238
~oPted
o Adopted as Amended
o Defeated
o Tabled
o Withdrawn
~~s~.
.......ijj'""..........
...............~i
.~i
,
::':AI~~!!:!<;~~~~~:CE ................. ""... ....;
WilliamP. Edwards.............. ....... I
~:~~;H~~:ckham ..~::: ... ...::::
Louisa P. Evans
Scott Russell
""" __N_~!:N_l!r___
o
....0
..........0
-.-----..........-........,
o
.............iJ"...........'
.............0............ :
Abstain i Absent
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Cr.............. ...........cf'..
....0..Ef
........... . 0,,51:::;:
.u 0 !!r
............0 ....................0
2006-239
CATEGORY:
DEPARTMENT:
Budget Modification
TO'>lTI Clerk
ModifY the 2005 General Fund Part Town Budget - Planning
Southold Town Meeting Agenda - February 28, 2006
Page 12
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General
Fund Part Town budl!et as follows:
To:
B.8020.4.600.300
From:
B.1990.4.1 00.1 00
Planning $84.00
Travel Reimbursement
Unallocated Contingencies $84.00
or Vote Record - Resolution 2006-239
~ ._.....X~.~~. , ..,~,!!(~-~.)'- , Abstain , Absent
,
"---- U ......i ",.. _n._.j .............0 .,".. .. .........0
Adopted . ..,~J.~"~~~__!5:~_~P~.~'~m!.~:'._.. 0 ,
....... .............. i3 ...., ........".. 0 .............0 ..............,..... 0
0 Adopted as Amended William P. Edwards ,
......; , ,
..'DanieTC:-ios";.--- .....~ .. ~:~l .................................,- ..0 ..............,.... ...0
0 Defeated 0 ,
0 Tabled ...Thomas..'H~-'.W;.~khain ...-. - .............0 ..............,... -----.--......-.-.-.-....... , .......~.......
; 0
0 Withdrawn "-"Lou-isa'P~--E~an-s' .. , ............-.-..., .............0 , 0
....~ ,
....Scott.'R~.~s~iC.. ----...-...-... ... ................1 ....... ......j ... 0 ....". .. , .-,-"-................. ...,.".,. 0
; ! 0
2006-240
CATEGORY:
DEPARTMENT:
Budget Modification
Data Processing
Modify the 2006 General Fund Whole Town Budget - Police Department
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 General
Fund Whole Town budeet as follows:
.;' Vote Record - Resolution 2006-240
To:
A.1620.2.500.450
From:
A.1990.4.1 00.1 00
~ Adopted
o Adopted as Amended
o Defeated
o Tabled
o Withdrawn
Telephone Equipment $2000.00
Unallocated Contingencies $2000.00
::':A:i.~~!.~I<i~p~~IDi~::::: ::,::,::,:::3:::::
William P. Edwards .........~
..i5an.j'ei""C.:...R~.~~---. _ "_"....... ............ .... _,
Thomas H. Wick~~.~......... ....... .". .;
Louisa P. Evans l
..'S~~t't'.Ru-ssei.i"'"m
.......~.~~.
...................~
__,__ ._"..N.~.I.N~y., ..... .I,"" Abstain ...."..:"
o ...0
""..........'jj ......"......+. 0
.-..........'jj'."::....... ..., .:-:-:"':~:J~....... .....".
....1 ""'''''jj I 0
""T' --"'"""0' ...........,.." ---"Ii ..........+
..-.! ".............0... .-- j -............0
Absent
o
o
.......0
uo.
.~
.0
Southold Town Meeting Agenda - February 28, 2006
Page 13
2006-241
CATEGORY:
DEPARTMENT:
Landfill Misc.
Solid Waste Management District
Authorize the Sale by Volume of Products From the Southold Town Yard Waste Compost Facility At the
Rate of$IO Per Cubic Yard for Screened Compost, and $6 Per Cubic Yardfor Double-Ground And/Or
Screened Woodchips
RESOLVED that the Town Board ofthe Town of Southold, in order to improve services to the
local agricultural, nursery, and landscaping markets provided by the Cutchogue compost facility,
and in recognition of industry standards with respect to the sale of compost and woodchip mulch
materials, hereby authorizes the sale by volume of products from the South old Town Yard
Waste Compost Facility at the rate of $10 per cubic yard for Screened Compost. and $6 per
cubic yard for Double-Ground and/or Screened Woodchips; and be it further
RESOLVED that this resolution in no way restricts the sale of such products by weight at
currently established prices to users who so prefer, these steps subject to the review and approval
of the Solid Waste Coordinator.
./ Vote Record - Resolution 2006-241
~ , ....."._y~s~ ..,~.~,~.~Y. , Abstain Absent
.......... , ....
:'::AI~~:i:~::giij:i~~~IE::_. i1 ........, '00- 0 ......0.
Adopted , 0 ,
0 William P. Edwards 5 , "'F ....! ....'[f 0 Uo
Adopted as Amended ,
0 Defeated . 'ii1n'j'e(C':'-'R(;~s-'" .. ..."" , ... ! ........0 j 0 0"
0 '''Thomas'''H~'\Vickham ............... ....+.... ... , "0 0 ..... ......... ...............~..
Tabled ,
0 Withdrawn ...LO'~jsa."P:--Ev.an's..m. , g;;zl 0 ........................ ."...."-+
0
, ...........0 ........ 0 ...." ..................0
Scott Russell
2006-242
CATEGORY:
DEPARTMENT:
Bid Acceptance
Town Clerk
Accept the Bid of Thames Shipyard and Repair of New London, CTfor Dry-Docking the Vessel
Munnatawket
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Thames
Shipyard and Repair of New London. CT for drv-dockinl! the vessel Munnatawket for the
amount of $43,300, for th~ Fishers Island Ferry district.
Southold Town Meeting Agenda - February 28, 2006
Page 14
.; Vote RuOrd - Resolution 2006-242
~ Adopted , ~ .......,~.ll.,!N.~1 , Abstain Absent
,
.,-",.., .......,. .......[j .0
..,~,~.~~E.~..~.~.p~.~L!~:'_m I 0 ,
.............0 ...."."......j ".... 0
0 Adopted as Amended William P. Edwards 0
""Dani"el""C:-ioss". - _._mm .........~......... i ............0 ........ 0 .-..........., ... Uo
0 Defeated
0 Tabled . Th"om'as"ii""WJ'ckh"am , .....0 0 ........ 0
0 Withdrawn p. .. ..-..-............. ........... T ............0 , ..0 -----.-.....1 ...........~......
Louisa Evans j.
Russell .. .."--.............................. , ...........0 0 .__..._n.+ ..........0..
Scott
2006-243
CATEGORY:
DEPARTMENT:
Budget Modification
Town Clerk
ModifY the 2006 General Fund Whole Town Budget - Town Clerk
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 General
Fund Whole Town budeet as follows:
From:
A.1410.1.100.400
A.1460.1.200.100
To:
A.141 0.1.1 00.1 00
Town Clerk
Sick Earnings
Records Management
Part-Time Earnings
$972.00
$1,662.56
Town Clerk
Regular Earnings
$2,634.56
./ Vote Record - Resolution 2006-243
~ Adopted
o Adopted as Amended
o Defeated
o Tabled
o Withdrawn
.-.-........ ...." t
..~.!,~~.~.,~.P~~.!,..!~.:". ......... ............ ,
William P. Edwards
-i5'ani'ei""C....R:o.ss.'..'..'..'..'..'."." S ...........:
...T?l?~.~~..?:...~!.~~ham ')j ~:~:~:. ......,
Louisa P. Evans
..................."-
Scott Russell
....':::..'....y...':..::.e.::.,:..~.g...::.,~..A...,..,.Y......e......:r;o~~y.~~gain:~bg~t
:-'_ .-..!.,..,. 0............""1"....-.......0"--...-...'.'... -..D..'..
[J.L" ! .................................go.............................................. ................ .... ..........g .:. ......... ~.....
; . . ...........omo
2006-244
CATEGORY:
DEPARTMENT:
Employment
Town Clerk
Appoint Francesca Quintieri to the Position of Account Clerk In the Town Clerk's Office
RESOLVED that the Town Board of the Town of Southold hereby appoints Francesca
Southold Town Meeting Aglmda - February 28, 2006
Page 15
Ouintieri to the nosition of Account Clerk for the Town Clerk's Office, effective February 14,
2006, at a rate of$33,953.15 per annum.
., Vote Record . Resolution 2006-244
rI ~e~ ."."....~.~,~~y. , Abstain Absent
.....L
_~_!~_~E!..~~.p.~.~.i..,~~:.,.. .............5 , 0 ........... 0 ...........0
Adopted ,
........ , ; ...... ..... ....,..,.t. ...........
.........tl . ............0 .............0 0
0 Adopted as Amended William P. Edwards , I
.... 0 ."....... "".. ... 0 .-.-..-......,. ....... 0
0 Defeated Daniel C. Ross ...........1 I .............-.1 ;
0 "'Thomas"-H~-Wickh'am ......... I' 0 .... ...................."."."."."..." 0
Tabled 0
0 Withdrawn _...._---..--.............. ........ ......g;LF tJ .............0 .............., ..........p"'....
Louisa P. Evans
,--..-.-.-.-............................ D ..----.....1 0 .............., ........0.
Scott Russell ,
2006-245
CATEGORY:
DEPARTMENT:
Contracts, Lease & Agreements
Recreation
Authorize and Direct Supervisor Scott A. Russell to Execute an Agreement with Individuals for the Spring
2006 Recreation Programs
RESOLVED that the Town Board of the Town of Southold authorize and direct Sunervisor
Scott A. Russell to execute an al!reement with the followinl! individuals for the snrinl! 2006
recreation nrOl!rams, all in accordance with the approval of the town attorney. Funding for the
instructors listed below has been budgeted for in the recreation department's 2006 instructor line
A 7020.4.500.420.
Martine Abitbol (French cooking)...................................... $25/hour
Mary Allen (Mommy & Me)........................................... $25/hour
Antoinette Beck-Witt (drawing class).............................................. $25/hour
Sara Bloom (memoir writing)...........................................................$25/houI'
Thomas Boucher (guitar)................................................................. $30/hour
Eugenia Cherouski (folk dancing)................................................... $25/hour
Sharon Corridan (drama for youth)............. ...... ................. $25/hour
Paula Croteau (baking classes)........................................... $25/hour
Country Time Cycle (Bike Repair).... ......... ...... .......... ........ $25/hour
Shirley Darling (tennis)................................................................... $30/class
Lisa DeLuca (self improvement programs)............. ............. $25/hour
Dennis Dunn (Roller Hockey Clinic)................................... $25/hour
Martha Eagle (Aerobics).................................................................. $30/hour
East End Insurance Services (Defensive Driving)............................$30/person
East End Kids (Robotics)................................................. $50/person
Lauren Egan (CPR course).... ........................................... $55/person
Mike Furst (beginner computer).......................................................$25/hour
Southold Town Meeting Agenda - February 28, 2006
Page 16
Dan Gebbia (dog obedience).......................................................... $55/dog
Carol Giordano (Baton)................................................................... $25/class
Hudson Hagglund (chess)................... ........................... ...$25/hour
Rosemary Martilotta (hatha yoga)....................................... $55/class
Catherine McDonald (toddler music)................................... .$25/hour
Doris McGreevy (toddler music)....... ................................ $25/hour
Tom McGunnigle (basic golf)....... ...... ............... .............. $50/person
Judy McLeery (Digital Photography).................................. $25/hour
Darren Mignone (Bridge building).......... ......... ......... ...... .... $25/hour
Jim Mikelbank (youth basketball). ......... ... ......... .... ..... .... ..... $25/hour
Mark Parson (golf lessons)........................................................... $85/person
Theresa Pressler (youth programs).................................... $25/hour
Riverside Gymnastics (youth gymnastics and ballet)...................... $60/person
Laurie Short (aerobics classes)......................................................... $25/hour
Steve Smith (weight training)........................................................... $25/hour
Touch Dancing Studios (ballroom)...................................................$48/person
Erin van Gelder (Aging In Place)....... .......... ....................... $25/hour
Marc Wahl (treat back or neck)..... ..... ...... ............ .............. $25/hour
./ Vote Record - Resolution 2006-245
y~~ .....1 ...~.~.~!!y Abstain Absent
~ r\ .... 0 ....... 0
Adopted ..".~.!~~.~.,~.P.~~.!,JE.. , 0 ,
-------'1 ......j ....0 , 0 ..............! 0
0 Adopted as Amended William P. Edwards ......; '...On_ -.---.-.-.......,
.................S.. , ............0 ..........".. "0
0 Defeated Daniel C. Ross '--'-'--" 0
.......0.. .-.--".-......-.-.-.-....................".. ..............~..........
0 Tabled Thomas H. Wickham , 0
0 Withdrawn Louisa ..-...--.....-. .~: ::::j ......................VT '0 .............0 ,
P. Evans
,_n,__. ............ "0 .......m. .............0 --------., ..........Ef
Scott Russell ,
2006-246
CATEGORY:
DEPARTMENT:
Contracts, Lease & Agreements
Solid Waste Management District
Authorize a Modification of the Town's Contract with Robbins and Cowan, Inc.for Construction of the
Cutchogue Transfer Station to Allow an Increase to the Contract In the Amount of$3, 155 to Cover Extra
Work on the Station's Sanitmy System - Change Order #1
RESOLVED that the Town Board of the Town of Southold hereby authorizes a modification
of the Town's contract with Robbins and Cowan. Inc. for construction ofthe Cutchol!ue
Trausfer Station to allow an increase to the contract iu the amount of $3.155 to cover extra
work on the Station's sanitary system as required by the Suffolk County Department of
Health Services (SCDHSI, such amount to be taken from savings achieved in the Town
Responsibilities portion ofthe project, thereby resulting in NO NET INCREASE to the project
Southold Town Meeting Agenda - February 28, 2006
Page 17
cost; and hereby be it further RESOLVED that this modification be identified as Transfer Station
Construction Project Change Order No.1.
./ Vote cord - Resolution 2006-246
o
o
o
o
Adopted
Adopted as Amended
Defeated
Tabled
Withdrawn
.."~!~~.~..!9:.~.P~~,!.,.~E:....
William P. Edwards
Daniel C. Ross
Thomas H. Wickham
Louisa P. Evans
Scott Russell
......J .......~.~.~.~y." A~"d~i~ ...... ,.. ......~"~d~.~~
i 0 .
..:':.:::i ........ ....tr...........--""]""... - Ern, " ". "'" ........." "0""'"
.".."......I..............'[r . 0 ...........t:(....
..... .................... .....1 ............[J ....... "'j ............[j . .SL.......
[J..L' 0 ,0 L!l""
." ..,""" ....j ...............~ ,....., ....-i .............."[f..... '--j--- . ""tf ............er".
"-;-
2006-247
CATEGORY:
DEPARTM't.'NT:
Seqra
Land Preservation
Finds No Significant Impact on the Environment and Declare a Negative Declaration Pursuant to
SEQRA Rules and Regulations for Purchase of Harbes Property
WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights
easement on a certain parcel of property owned EWH, LLC (Peter Harbes) pursuant to the
provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is
identified as part ofSCTM #1000-120-3-11.12. The address is 5645 Aldrich Lane, Mattituck,
New York, and is located on the westerly side of Aldrich Lane, approximately 1,831 feet
southerly from the intersection of Sound Avenue and Aldrich Lane in Mattituck in the A-C
zoning district. The proposed acquisition is for a development rights easement of approximately
34.5 acres (subject to survey) on the 39.35 acre parcel. The exact area of the development rights
easement is subject to a Town-provided survey acceptable to the Land Preservation Committee.
The purchase price for th" easement is $55,000 (fifty-five thousand dollars) per buildable acre.
The property is eligible for an awarded grant from the New York State Department of
Agriculture for partial purchase of this property and part of the purchase price may be
reimbursed from that agency; now, therefore, be it
RESOLVED by the Town Board of the Town of Southold that this action be classified as an
Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it
further
Southold Town Meeting Agenda - February 28, 2006
Page 18
RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only
involved agency pursuant to SEQRA Rules and Regulations; be it further
RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form
prepared for this project is accepted and attached hereto; and, be it further
RESOLVED that the Town Board ofthe Town of South old hereby finds no si!!nificant impact
on the environment and declares a ne!!ative declaration pursuant to SEORA Rules and
Re!!ulations for this action.
.,/ Vote Record - Resolution 2006~247
~doPted
o Adopted as Amended
o Defeated
D Tabled
o Withdrawn
"" .A~_~.~E,~.,.~.~.e.~.~L~! ................ _ _ ___.......!
William P. Edwards
....7;~:~;H~~:C~~::.:.~::....:g:.. n,""" J
Louisa P. Evans ----t
"'Sc~tt Russell ....- .--................"." "---......,
''''"'"'X_~S~'......!
-~!
~i
_~~,~.~y...,..
o
o
---------0
iJ
------0
-----0
j Abstain
. i--- ..........0
--------0
_uo
::~:~:..:.....:J..."... -...'[]
o
.........""j...--.........O
,
....)
Absent
----------0
------------iJ
------------tf
-..-_...-_..-..~-..-
o
2006-248
CATEGORY:
DE'PARTME'NT:
Close/Use Town Roads
Town Clerk
Permission to Cutchogue-New Suffolk Chamber of Commerce to Hold 2Nd Annual St. Patrick's Day
Parade on March 25, 2006.
RESOLVED that the Town Board of the Town of Southold hereby !!rants permission to the
Cutcho!!ue-New Suffolk Chamber of Commerce to use the followin!! roads for its Second
Annual St. Patrick's Dav Parade in Cutcho!!ue on Saturday. March 25. 2006 beginning at ~
PM: Cox's Lane, west on Main Road, to Cases's Lane, provided they file with the Town Clerk a
One Million Dollar Certifi_cate of Insurance naming the Town of Southold as an additional
insured and notify Capt. Flatley within ten (10) days of the approval of this resolution to
coordinate traffic control.
Southold Town Meeting Agenda - February 28, 2006
Page 19
./' Vote Record ~ Resolution 2006-248
o
o
o
o
Adopted
Adopted as Amended
Defeated
Tabled
Withdrawn
::':~R~~l~i::p~~~~~d~":":~:":A
. Daniel C. Ross
Thomas H. Wickham
Louisa P. Evans
.-......"..."..."............
Scott Russell
,
............;
,
~e~
Absent
........Ej.
o.
.......0
~
o
.....i........~.~,~~1....."-l-"
.."I-............g l
...J...::-----......'Ci" .....-1
, 0
.....0....................1,... """--0---- ...-.........;
__oj.
....-................. ..........j.."."........t:r
~~.~.~~~.~........ ...
o
o
........"."".0......::.:.:..;.
o
...0
..............0
2006-249
CATEGORY:
DEPARTMENT:
CloselUse Town Roads
Town Clerk
Grant Permission to the Cutchogue Fire Department to Shutdown Traffic Southbound on Bridge Lane,
Cutchogue, for Its Town Wide Disaster Drill on Sunday, April 23, 2006
RESOLVED that the Town Board of the Town of Southold hereby l!rants permission to the
Cutchol!ue Fire Department to shutdown traffic, southbound on Bridl!e Lane. Cutchol!ue,
for its Town Wide Disaster Drill on Sunday. April 23. 2006 beginning at 9:00 AM, provided
they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of
Southold as an additional insured and notify Capt. Flatley within ten (10) days ofthe approval of
this resolution to coordinate traffic control.
./ Vote Record ~ Resolution 2006-249
~ Adopted
o Adopted as Amended
o Defeated
o Tabled
o Withdrawn
:,,::f.\I~~:i:f.:}~i~p~~I:!E:::::
".}Y..i}}.i.~.~,.~,:".~~~~r9.~.,..
Daniel C. Ross
''''Thomas'''j:(''w;-~k'li'am
Louisa P. Evans
Scott Russell
Ye_~__....._"_"1
..............................i~1
--'f]'""-'::::::::":'J
i
Absent
o
..............:. .........-Er
..0
V
o
_......,~,~.~_~.Y..
o
.............."[j. .........--1
- _.....n[l" ............,....
.............0
...0
...0
Absta!_~._._. . nf
o
.0
...0
..------Ij..............,
o
..............O........m.T..
2006-250
CATEGORY:
DEPARTMENT:
Budget Modification
Accounting
Budget Modification 2005 Town Clerk & Central Mail
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General
Fund Whole Town budl!et as follows:
Southold Town Meeting Agenda - February 28, 2006
Page 20
To:
A.141O.4.100.100
AI410.4.400.500
AI410.4.600.300
AI670.4.100.300
A.1670.4.600.500
From:
AI410.4.100.125
AI41O.4.600.800
A.1670.4.100.200
A 1670.4.600.400
Town Clerk, Office Supplies
Town Clerk, Minute Track Software
Town Clerk, Travel Reimbursement
Central Copy/Mail, Other Supplies
Central Copy/Mail, Express Mail
$ 25.00
65.00
20.00
60.00
480.00
Town Clerk, Law Books
Town Clerk, Petty Cash Expenses
Central Copy/Mail, Copier Toner
Central Copy/Mail, Postage
$ 25.00
85.00
60.00
480.00
-/ Vote Record ~ Resolution 2006-250
~ Adopted
o Adopted as Amended
o Defeated
o Tabled
o Withdra'Ml
"... ................ . - .--- ---y~.~. . ....~ .......~"~.~"~y---
""WR~~P~~~~dS .............. ""-- . ...--------...~. ......T".. ........-ty
~:~lf.H~Wfckha~'-"::-:~:" :::) "::::::::::::':p:::::::r: : :'.::..":"g- ---------!
Louisa P. Evans 0 i'."-jj
Scott Russell .------------..................1...... ~ d
Abstain
--1..........-..."0.
o
o
o
..................0
I ---.-....'[j..............t
Absent
.nu t:f
.........---:----- Ef....
........._-, -'-'-"""0''''''
o
............~.
...0.
2006-251
CATEGORY:
DEPARTMENT:
Grants
Town Attorney
Authorizes the Supervisor to Execute a Partnership Memorandum of Understanding Between the Five
Eastern Towns of Suffolk County for Grant Application for East End Transit Authority
WHEREAS, the Town of Southampton is considering a grant application to the New Yark
Department of State (NYDOS) for funding for planning and assessment activities associated with
creation of a coordinated rail and bus network on the East End of Long Island within the five
eastern Towns of Suffolk County (East Hampton, Riverhead, Shelter Island, Southampton and
Southold), which would replace existing transit services through the New York State Shared
Municipal Services Incentive Grant Program (SMSI) administered by the NYDOS; and
WHEREAS, Southampton's SMSI Proposal represents an initiative to be performed as a
partnership with the Towns of East Hampton, Riverhead, Shelter Island and Southold with the
Southold Town Meeting Agenda - February 28, 2006
Page 21
Town of Southampton acting as lead agency, with the initiative complimenting the NYDOS
SMSI Shared Service Category as defined by 2005 SMSI Program Guidelines; and
WHEREAS, Southampton's SMSI Proposal presents an initiative, which is estimated to cost
$400,000 to complete, for which the total local cash share is ten percent (10%) oftotal project
costs; and for which Individual Municipality local cash shares shall be based on population
figures ofthe 2000 Census, with each Municipality paying their share based on a pro-rated
percentage of costs; and
WHEREAS, Individual Municipality local cash shares are estimated at $17,650 for
Southampton (44.12%), $7,700 for East Hampton (19.21 %), $7,300 for Riverhead (18.24%),
$900 for Shelter Island (2.27%) and $6,450 for Southold (16.16%); resulting in a $40,000 total
local cash share representing 10% of total anticipated project costs; and
WHEREAS, it is intended that a Memorandum of Understanding (intermunicipal agreement)
will formally ratify the individual Town's involvement with the Town of Southampton for this
proj ect; and
WHEREAS, the Town Board ofthe Town of South old deems it to be in the public interest and
benefit to enter into such a partnership in order to complete the planning and assessment
activities associated with the creation of a coordinated rail and bus network on the East End of
Long Island; and
RESOLVED, that the Town Board ofthe Town of South old adopts this resolution in support of
its intent to enter a Partnership Memorandum of Understanding between the five Eastern Towns
of Suffolk County in a form agreed to by the Town Attorney; and be it
FURTHER RESOL VEn, that the Town Board of the Town of Southold adopts this resolution
in support of the application for NYDOS SMSI Grant funding for the creation of a coordinated
Southold Town Meeting Agenda. February 28, 2006
Page 22
rail and bus network on the East End of Long Island within the five Eastern Towns of Suffolk
County; and be it
FURTHER RESOLVED, that the Town Board of the Town of South old also authorizes the
expenditure of$6,450 in capital funding from the 2006 Capital Budget, representing 16.16% of
local matching funds for Southold's local share of local costs; and be it
FURTHER RESOLVED, that the Town Board of the Town of Southold herebv authorizes
and directs Supervisor Scott A. Russell to execute a Partnership Memorandum of
Understandin!! between the five Eastern Towns of Suffolk County for the fore!!oine:
purposes in a form agreed to by the Town Attorney.
'" Vote Record - Resolution 2006-251
~ Adopted
o Adopted as Amended
o Defeated
o Tabled
o Withdrawn
....~.!~~~}S~~Es"~_i.J~:.,.....
William P. Edwards
Daniel C. Ross
'"'Thoma's"'H:"'wic'kh~~
Louisa P. Evans
Scott Russell
:5
J'\
\'~s~
...............B""
o
r
."."....~.'?,r.N~y. Abstain
o I""""""" Ei
....".m....'O.."." "+ ..............."[j
":~:~:t...:'"'''''' 00_0" ..- ""Ii
I 0 '------"'"[i::.:.:::.:::::t:::'.
---....., .............tj..............,---- ........0
.....-: _..._n..-tj .............0--
Absent
[j
...Ef
o
.~.......
ti
_._n.-t
2006-252
CATEGORY:
DEPARTMENT:
Appoint to Committee
Town Clerk
Authorize and Direct the Town Clerk to Advertise for Three (3) Members of the Board of Ethics.
RESOLVED that the Town Board of the Town of South old hereby authorizes and directs the
Town Clerk to advertise for three (3) members of the Board of Ethics.
., Vote Record - Resolution 2006-252
rJt'" Adopted
o Adopted as Amended
o Defeated
o Tabled
o Withdrawn
::~:~K~~~~P~~g~~d'~..:"::::~i~::...... ... t
."..i5~~.;'e"i".C:-.'Ro-ss--- l
""Th'oma's"'f:L"\vickh~~ :::3"" !
...LO'uis.a-P:-E~.a~'s'..,.. .....j
"Scoti"-R~~~~i1""" .-..-...t
f2Cli,IJ~m~'r
liV'" '..............0 --""--'''"[j :
Absent
.. uti
0..
....0
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.0
Southold Town Meeting Agenda - February 28, 2006
Page 23
2006-253
CATEGORY:
DEPARTMENT:
Appoint to Committee
Tovm Clerk
Appoint Neboysha Brashich and Councilman Thomas H. Wickham to Represent the Town of Southold on
the East End Transportation Council
RESOLVED that the Town Board of the Town of Southold hereby appoints Nebovsha
Brashich, Chairman of the Southold Town Transportation Committee, and Councilman
Thomas H. Wickham to represent the Town of South old on the East End Transportation
Council to participate in inter-board deliberations and consultations regarding inter-municipal
agreement of the five towns and ten villages concerning future regional/state/federal
transportation support for the East End.
., Vote IU'cord - Resolution 2006-253
~ Adopted
o Adopted as Amended
o Defeated
o Tabled
o Withdrawn
f\
....~.l.~.~E~,.~.~.P_~.~_i}~:.,__,_.
William P. Edwards
..-Oan.ie"j..C....Ro.ss ..,.:~:'::'._,..'---::3 .............1
Thomas H. Wickham ;
...LO'~is.a.'P':.'E;;a~~s ...-.......................... ... """'1"
-..-.-..................................." "'e" ".'t..
Scott Russell
........Y."~~~4-1..~.. ._.___..~.~,~~y..,.."
liY'"" _..___n.! 0
....... ... iY"'" ;....... ..0
F.;.......g
F:g.............
Abstain
---....'............
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o
...............0"------ --.+
..........0
.....".. ...., "..........0 .....
........."....[]" "'00"'--"1
Absent
..........0
.........0..
.........0
...............~..
......0
2006-254
CATEGORY:
Db'PARTMENT:
Support Resolution
Tov.TI Attorney
Voice Support for the Continuance of the Mattituck-Cutchogue NJROTC Program In Its Current State of
Funding and Support, At Its Present Location In the Mattituck-Cutchogue School.
WHEREAS, the United States Navy has long provided the thirty year old Navy Junior ROTC
Program (herein after refelTed as NJROTC Program) at the Mattituck-Cutchogue School District;
and
WHEREAS, the Mattituck-Cutchogue NJROTC Program provides a substantial benefit to the
youth of the Town of South old, in the form of education, training, discipline, and exposure to
military history, experience and its role in the American culture; and
Southold Town Meeting Agenda - February 28, 2006
Page 24
WHEREAS, it has come to the attention of the Town Board that the U.S. Navy is considering
terminating the satellite Program for the Mattituck-Cutchogue NJROTC Program, which would
require many Southold Town students to travel to other districts; and
WHEREAS, the Town Board is informed that the Mattituck-Cutchogue NJROTC Program is
cost efficient to the district; and
IT IS HEREBY RESOLVED that the Town Board of the Town of South old voices its support
for the continuance of the Mattituck-Cutchoe:ue NJROTC Proe:ram in its current state of
fundine: and support, at its present location in the Mattituck-Cutchoe:ue school.
.;' Vote Record - Resolution 2006-254
I!'J"'"
o
o
o
o
Adopted
Adopted as Amended
Defeated
Tabled
Withdrawn
...~.!,~~.~.,~Y'p~!c.!,J~:"__
William P. Edwards
~:~~~H~~:C~~-~:---::":~
Louisa P. Evans
Scott Russell
n._..._'
,
--1.----.Y.~~~e....m._.j
,.............~.....
..................~.............
.........~!
._._....~.'.?~~y. ... n.' Abstain Absent
o ,0000'
o ' 0......0000
o "'0'0'
...............~:~t..............~....
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,
,
-..--.
2006-255
CATEGORY:
DEPARTMENT:
Litigation
Town Attorney
Approve a Memorandum of Agreement Between the Town of Southold and the CSEA Dated February 16,
2006.
RESOLVED that the Town Board ofthe Town of Southold hereby approves a Memorandum
of Ae:reement between the Town of Southold and the CSEA dated Februarv 16, 2006.
.; Vote Record - Resolution 2006-255
~AdoPted .......X~,~~. 00. _N.~!N:~y_ 00 , Abstain Absent
.......-...-........ n.... .......................... ..... , 0 ...-........ .......0
....~.!~.~E,~_~~.P~_~.i...~~:.... +. 0 ,
...............i!f'""'. .. .. '0 , ...-........+
0 Adopted as Amended William P. Edwards 5 ........j 0 ......0
0 Defeated Daniel C. Ross . 'ii;j?'" . ".r:: 0 i 0 .-.-. '0
0 Tabled Thomas Wickham ]"\ , i1r" 0 ...... ...... ...............0 .. ............g;;;.....
H. ,
..."..-.-"..."..."-.."-...."...".............. ... ! ..............0 ...........0 0 "'"-"-""."-"-!--
0 Withdrawn Louisa P. Evans
.........................................................".".. .. 1 ~ '0 ..._"".......1 .............0 ..............! .....0
Scott Russell
.
.
Southold Town Meeting Agenda - February 28, 2006
Page 25
2006-256
CATEGORY:
DEPARTMENT:
Local Law Public Hearing
Tov.TI Attorney
Set the 14Th Day of March At 8:00 P.M. At the Southold Town Hall As the Time and Place for a Public
Hearing on the Proposed Local Law Entitled, "An Additional Ninety Day Extension of the Temporary
Moratorium on the Processing, Review OJ, and Making Decisions on Applications for Site Plans and
Special Exception Use Permits for Retail Stores Over 3000 Square Feet In the Town of South old "
WHEREAS there has been presented to the Town Board of the Town of South old, Suffolk County, New
York, on the 28th day of February, 2006, a Local Law entitled, "An Additional Ninety day Extension of
the Temoorary Moratorinm on the Processin!!. Review of. and maldn!! Decisions on aoolications for
Site Plans and Soecial Exceotion Use Permits for Retail Stores over 3000 SQnare feet in the Town of
Southold"; now therefore, be it
RESOLVED that the Town Board of the Town of South old will hold a public hearing on the aforesaid
Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 14th day of March
at 8:00 p.m. at which time all interested persons will be given an opportunity to be heard.
The proposed local law entitled, "An Additional Ninety day Extension of the Temoorary Moratorium
on the Processin!!. Review of. and maldn!! Decisions on aoolications for Site Plans and Soecial
Exceotion Use Permits for Retail Stores over 3000 square feet in the Town of Southold" reads as
follows:
LOCAL LAW NO. 2006
An Additional 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 I. PURPOSE AND INTENT
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
. Southold Town Meeting Agmda - February 28, 2006
Page 26
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 original moratorium in October
2005 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 has reviewed the public input, held work session meetings and Code Committeee meetings and
revised the proposed legislation to better serve the needs of the community. Further, on January 1,2006 a
new Town Supervisor and one new Councilperson took office, and have provided input into the crafting
of legislation. On February 2.8, 2006, the Planning Department provided the Town Board with a draft of
design standards to be incorporated into the proposed law. The Town Board needs time to review and
provide comments on this draft, and share the document with the Planning Board and Architectural
Review Committee. 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
.
. Southold Town Meeting Agenda - February 28, 2006
Page 27
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 ofthe
Town of South old.
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 South old.
Section 4. EXCLUSIONS
This Local Law shall not apply to:
I) 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
.
.
Southold Town Meeting Agenda - February 28, 2006
Page 28
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 S 274-a, S274-b and the provisions and
requirements set forth in Chapter lOa 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 exlraordinary 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
.
. Southold Town Meeting Agenda - February 28, 2006
Page 29
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. EFFECTNE DATE
This Local Law shall take effect on April I, 2006, after filing with the Secretary of State.
'" Vote Record - Resolution 2006-256
~ Adopted
o Adopted as Amended
o Defeated
o Tabled
o Withdrawn
........".".t
~fif;~~up~~f;~:~;
Daniel C. Ross ............,...
"-Thomas'''IL''wfd~_~~:!li'::~:.................".....; ,."
Louisa P. Evans
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..........0
2006-257
CATEGORY:
DEPARTMENT:
Attend Seminar
Town Clerk
Grant Permission to Mark Terry, Sr. Environmental Planner and Bruno Semon, Sr. Site Plan Reviewer to
Attend a National Flood Insurance Program Meeting and Workshop
RESOLVED that the Town Board of the Town of Southold hereby l!rants permission to Mark
Terrv. Sr. Environmental Planner and Bruno Semon. Sr. Site Plan Reviewer to attend a
National Flood Insurance Prol!ram Meetinl! and Workshop sponsored bv the NYSDEC in
Riverhead. on March 2. 2006, Travel expenses to be charged to the 2006 Planning Department
Budget.
.r Vote Record - Resolution 2006-257
r/" , ._..m.Y.~,~~_ , ._N.4?.I.N~L__ , Abstain Absent
.::AI~~it.){ilipikU.~.;:::.. ..~ ... ""--j u. .... .0 ""-- .0
Adopted , 0
u un; ....................~..... , ............0 ! ......0 .0
0 Adopted as Amended William P. Edwards ,
0 Defeated Ross ..............1 ....1 ..." ..0. .0 ...... ........0
Daniel C. , ,
0 Tabled Thomas H. Wickham ...............~ ..........L 0 ----.........,... 0 ..............p'..
0 "'LQ'iJls;l'-p'''''Evans ...... ------.......................... 0 0 ....... 0 ...
Withdrawn i
-Scoit..R~.ssel1 ",""---- .-............ ............. W" ....... r-- 0 ---- 0 ... ..,", ......0
.
. Southold Town Meeting Agenda - February 28, 2006
Page 30
2006-258
CATEGORY:
DEPARTMENT:
Contracts, Lease & Agreements
Land Preservation
Elect to Purchase a Development Rights Easement on Agricultural Land Owned by EWH. LLC (Peter
Harbes), Pursuant to the Provisions of Chapter 6 and Chapter 25 of the Code of the Town of South old
WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of
the purchase of a development rights easement on a certain parcel of property owned by EWH,
LLC (Peter Harbes), on the 28th day of February, 2006, pursuant to the provisions of Chapter 25
(Agricultural Lands Preservation) and Chapter 6 (Community Preservation Fund) of the Town
Code, at which time all interested parties were given the opportunity to be heard; and
WHEREAS, said property is identified as part of SCTM #1000-120-3-11.12. The address is
5645 Aldrich Lane, Mattituck, New York, and is located on the westerly side of Aldrich Lane,
approximately 1,831 feet southerly from the intersection of Sound Avenue and Aldrich Lane in
Mattituck in the A-C zoning district; and
WHEREAS, the development rights easement comprises approximately 34.5 acres (subject to
survey) on the 39.35 acre parcel. The exact area ofthe development rights easement is subject to
a Town-provided survey acceptable to the Land Preservation Committee; and
WHEREAS, the purchase price for the easement is $55,000 (fifty-five thousand dollars) per
buildable acre; and
WHEREAS, the Town is eligible for an awarded grant from the New York State Department of
Agriculture for partial purchase ofthis property and part ofthe purchase price may be
reimbursed from that agency; and
WHEREAS, the property is listed on the Town's Community Preservation Project Plan as
property that should be preserved due to its agricultural value; and
.
.
Southold Town Meeting Agenda - February 28, 2006
Page 31
WHEREAS, the property is in the vicinity of other lands preserved by the Town and/or the
County; and
WHEREAS, the purchase of the development rights on this property is in conformance with the
provisions of Chapter 6 (2% Community Preservation Fund) and Chapter 25 (Agricultural Lands
Preservation) of the Town Code, and
WHEREAS, the proposed action has been reviewed pursuant to Chapter 95 ofthe Town Code
and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has
determined that this action is consistent with the L WRP; and
WHEREAS, the Town Board deems it in the best public interest that the Town of South old
purchase the development rights on this agricultural land; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby elects to nurchase a
develonmeut ri!!hts easement on a!!r1culturalland owned hv EWH, LLC (Peter Harbes),
nursuant to the nrovisions of Chanter 6 and Chanter 25 of the Code of the Town of
South old. Said property is identified as part ofSCTM #1000-120-3-11.12. The address is 5645
Aldrich Lane, Mattituck, New York, and is located on the westerly side of Aldrich Lane
approximately 1,831 feet southerly of the intersection of Sound Avenue and Aldrich Lane in
Mattituck in the A-C zoning district. The development rights easement comprises approximately
34.5 acres (subject to survey) on the 39.35 acre parcel. The exact area ofthe development rights
easement is subject to a Town-provided survey acceptable to the Land Preservation Committee.
The purchase price for the easement is $55,000 (fifty-five thousand dollars) per buildable acre.
The Town is eligible for an awarded grant from the New York State Department of Agriculture
for partial purchase of this property and part of the purchase price may be reimbursed from that
agency.
~
. Southold Town Meeting Agenda - February 28, 2006
Page 32
./ Vote Record ~ Resolution 2006~258
~ Adopted
o Adopted as Amended
o Defeated
o Tabled
o Withdrawn
..............'.
2...;
Fr'
. i"'~ I.N.o/Nay...
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::::~i.~~6I~~Q~EE::::::.
William P. Edw~t~s
Daniel C. Ross
---'Thomas""fL"Wi'ckham'
.............................
Louisa P. Evans
Scott Russell
Abstain I
"Ii i
........."0..............;
o
o
o
o
Absent
.......Ef
..........Ef
........................"...
o
..........Er
............Q""'.
o
.."""""",
,
,
.".".".....".t
,
.....-.--.--..-"+.--
Public Hearing #1
5:00 P.M. - A PUBLIC HEARING FOR THE PURCHASE OF A DEVELOPMENT RIGHTS EASEMENT ON A
PORTION OF THE PROPERTY OWNED BY EWH, LLC
.,/ Vote Record - Public Hearing #1
~
..............................'.
. ..,!.~}~~_~._~E~P~~~_..!~ ................................. ;,.
William P."~~.~~~,~s
Daniel C. Ross .."...........0,. .".........i
Thomas H. Wickham .~ "...".......j
Louisa P. Evans j
".."."1
Scott Russell
...~'.~\
O.i
...............ijp""i
Adjourned
Closed
~~ 'V~Vvd'LI.-d
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