HomeMy WebLinkAboutTB-02/27/2001SOUTHOLD TOWN BOARD
FEBRUARY 27, 2001
Work Session:
Present: Supervisor Jean W. Cochran, Justice Louisa P. Evans, Councilman William D.
Moore, Councilman John M. Romanelli, Councilman Brian G. Murphy, Councilman Craig A.
Richter, Town Clerk Elizabeth A. Neville, Town Attorney Gregory F. Yakaboski.
9:00 A.M. Appointment with Chief of Police Carlisle E. Cochran, Jr. (Executive Session).
On motion by Councilman Craig A. Richter, seconded by William D. Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby enters into Executive
Session at 9:15 a.m. for the purpose of discussing personnel.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was ADOPTED.
On motion by Councilman William D. Moore, seconded by Justice Louisa P. Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby exits from this Executive
Session at 9:36 a.m..
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was ADOPTED.
Resolution numbers 211 and 212 were placed on the agenda as a result of this Executive
Session.
9:37 a.m. The Town Board discussed FOR DISCUSSION ITEM IV. 1 - Fees.
Supervisor Cochran stated her opinion that a department's fees should come as close as
reasonably possible to cover the services they provide. The Assessors Office recommended
leaving the fee for the Assessment Roll at $675.00. Many of the Building Department Fees
were recommended to be raised. The Supervisor instructed that the Trustees be invited to the
next Town Board work session to discuss their fees and also shellfish permits. Highway
Excavation Permit fees were reviewed. Superintendent of Highways Raymond Jacobs will be
invited to the next Town Board meeting to discuss these fees. The Town Board felt that the fee
for a special event permit to the Zoning Board of Appeals was too low. They were waiting to
get input from the wineries from the new winery director. The "As Built" proposed local law
will be set-up for a public hearing for the next meeting (see Resolution No. 213). The
proposed "Fees" Local Law will be set-up for a public hearing for the next meeting also (see
Resolution No. 221).
11:19 a.m. - The Town Board reviewed Resolution No.'s 173 through 221 to be voted up
at the 4:30 p.m. regular meeting.
11:30 a.m. Appointment - James McMahon appeared before the Town Board to advise them
that the "67 Steps" at the end of Sound Road, Greenport need to be replaced as some of the
steps are actually broken off. He estimates the cost for replacement to be under $25,000.00.
Half of the money would be reimbursed from the state and the other half will come from the
Parks budget. Mr. McMahon gave a report on Marion Lake. The Suffolk County Vector
Control was supposed to replace the flap valve. This has not yet been done and the algae
bloom is the result of salt water leaking back into the lake together with too many houses and
2/27/01 2
cesspools. A clean-up of the pollution by the residents in boats had been talked about, but has
not been done yet either.
11:15 a.m. Appointment with James Bunchuck to discuss landfill closure matters.
On motion by Councilman John Romanelli, seconded by Councilman Brian Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby enters into Executive
Session at 11:35 a.m. for the purpose of discussing landfill contracts.
Vote of the Town Board: Ayes: Councilman Ricther, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was ADOPTED.
On motion by Councilman Craig A. Richter, seconded by Justice Louisa P. Evans, it was
RESOLVED that the Town Board exit from this Executive Session at 12:07 p.m.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This work session ended at 12:07 p.m.
2/27/01 3
GENERAL MEETING
FEBRUARY 27, 2001
4:30 P.M.
A Regular Meeting of the Southold Town Board was held on February 27, 2001, at the
Southold Town Hall, Southold, New York. Supervisor Cochran opened the meeting at 4:30
P.M. with the Pledge of Allegiance led by Town Clerk Neville.
Present:
Supervisor Jean W. Cochran
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Councilman Craig A. Richter
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
SUPERVISOR COCHRAN: Can I have a motion to approve the audit of bills for February 27,
20017
Moved by Councilman Murphy, seconded by Councilman Richter, it was
RESOLVED that the following bills be and hereby are ordered paid: General Fund Whole
Town bills in the amount of $97,106.14; General Fund Part Town bills in the amount of
$961.24; Highway Fund Whole Town bills in the amount of $53,220.08; Highway Fund Part
Town bills in the amount of $8,032.05; Capital Projects Account bills in the amount of
$9,092.08; Fishers Island Ferry District bills in the amount of $59,752.17; Refuse and Garbage
District bills in the amount of $4,436.13; Southold Wastewater District bills in the amount of
$4,600.00; Fishers Island Sewer District bills in the amount of $635.26; Southold Agency &
Trust bills in the amount of $7,506.95; Fishers Island Ferry District Agency & Trust bills in the
amount of $478.04; Community Preservation Fund (2%) bills in the amount of $190,515.00.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: To set the date for the next Regular Town Board meeting
Tuesday, March 14, 2001 at 7:00 P.M.
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the next regular meeting of the Southold Town Board will be held at 7:00
P.M., Tuesday, March 14, 2001, 7:00 P.M., at the Southold Town Hall, Southold, New York.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: We have several special presentations today, and the Girl Scouts
came in to see us. I think we will do the Police Officers first. How about that? Okay? You
girls can watch government in action. How does that sound? May we have Detective Flatley
join us? Would you invite your wife and your family to join us? It has always been tradition
that a badge is presented to you at Town Board functions, and the entire Town Board joins me
in congratulating, and Chief Cochran will you join us also.
#211
Moved by Councilman Moore, seconded by the Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby promotes Martin Flatle¥
to the fulltime position of Police Lieutenant in the Southold Town Police Department at a
base salary of $95,219.00 per year, effective February 28, 2001.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Can I have Officer Ginas up here?
2/27/01 4
#212
Moved by Councilman Moore, seconded by the Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby promotes James Ginas to
the full-time position of Police Sergeant in the Southold Town Police Department at a base
salary of $84,687.00 per year, effective March 6, 2001.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Now, we have Girl Scouts. Why are you here today? Are you
working on a government badge or something?
TRACY ORLANDO: Supervisor Cochran, actually Aunt Jean, as she is affectionately known
to be called, when I first met Aunt Jean she said to me in order to make the troop strong it
comes from the leadership. I can say the same thing of you. Our town is strong because you are
our leader. We thank you in some many ways. How do you judge, I don't know, but if you ask
them, they will say you are good. Our troop by so many reasons we had a lot of community
help. We have good neighbors, and we have a good friend in Jean Cochran. We will give you
as customary in Girl Scouts when you earn something, usually a badge, a pin, or something, we
would like to give you this certificate in recognition of service of exceptional quality, and we
want to thank you, and also we have a pin, a little angel pin from Suffolk County Girl Scouts.
SUPERVISOR COCHRAN: That's wonderful. Thank you. You guys did all the work on that
food sale. The whole community was proud of you. You did such a beautiful job. You all
worked together and made it happen. We are as proud of you as anyone, so thank you. It will
go on the wall in my office.
I. REPORTS
SUPERVISOR COCHRAN: As you know every two weeks the Town Board is presented with
Reports, Monthly Reports from the different departments, and also from the different
functioning committees that serve as an arm to the Board. They are public information. They
are available through the Town Clerk's Office, and we are more than happy to share anything
you might be interested in with you.
1. Island Group Administration Claim Lag Report through January 31,2001.
2. APA Partners Claims Experience Monthly Report for January 2001.
3. Southold Town Board of Trustees Monthly Report for January 2001.
4. Southold Town Animal Shelter Report for January 2001.
5. Southold Town Police Department Detective Division/JAB Reports for January 2001.
6. Personnel Leave Time Summary Report for January 2001.
II. PUBLIC NOTICES.
SUPERVISOR COCHRAN: We have a Public Notice from the New York State Department of
Environmental Conservation in relation to installing a new well, George Starkie, Depot Lane in
Cutchogue, and you have until March 16th to send written comments.
New York State Department of Environmental Conservation Notice of Complete
Application of George H. Starkie to install a new well for irrigation purposes at 2800
Depot Lane, Cutchogue, Town of Southold (SCTM #1000-102-02-2.3). Written
comments by March 16, 2001.
III. COMMUNICATIONS.
1. Secretary of State Alexander Treadwell to Supervisor Cochran in regard to LWRP
Implementation grant award, $50,000.
2. Thomas Oelerich, NYS DOT to Supervisor Cochran in regard to recent requests for
investigations of sign in Mattituck and crosswalk in Southold.
3. Anne Cutolo, Cutchogue-New Suffolk Historical Council in regard to Southold Town
Landmarks Preservation Law.
IV. PUBLIC HEARINGS.
2/27/01 5
1. 4:48 P.M. on a proposed "Local Law in Relation to Parks, Open Spaces, School Sites
and Natural Features, Chapter Al06, Article III, Subdivision of Land of the Code of the
Town of Southold".
2. 5:00 P.M. on the purchase of certain parcels of property of Levin and Levin estate,
SCTM #1000-045-01-009 and 1000-044-04-p/o 005.
3. 5:02 P.M., on a proposed "Local Law in Relation to Filming".
V. RESOLUTIONS.
SUPERVISOR COCHRAN: As you know the Town Board has a policy that prior to adoption
of the resolutions we would be very happy to have your input. If it is any other Town business
we ask that you hold it until the end of the meeting then you will have every opportunity to
speak and share it with us. At this time ! would like to ask if anyone has anything or any
comments they would like in relation to any of the printed resolutions on the agenda? Any
comments? (No response.) If not we will start with resolution #173.
#173
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Jean W. Cochran to execute a Wildlife Habitat Incentives Program {WHIP}
application, in partnership with the County of Suffolk, to the U.S. Department of
Agriculture~ Natural Resources Conservation Services~ as part of a Dam Pond Preserve
Improvement Proiect.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#174
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to
Building Department Head Edward Forrester~ and Building Inspectors Michael Verity
and Gary Fish to attend the International Code transitional training at Suffolk Community
College, Selden, New York on March 5, 6, & 7, 2001 and April 24, 25, & 26, 2001, and all
expenses for registration, travel, and meals to be a legal charge to the Building Department
budget. Expenses for the March 5, 6, &, 2001 training will be reimbursable from the State of
New York.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#175
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town of Southold hereby grants permission to Building Inspectors
Gary Fish and John Boufis to attend the Finger Lakes Educational Conference at the
Marriot Thruway Hotel, Rochester, New York, on March 26, 27, & 28, 2001, to receive the
mandatory in-service annual training. All expenses for registration, travel, accommodation,
and meals shall be a legal charge to the Building Department budget and will be reimbursable
from the State of New York.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#176
Moved by Councilman Murphy, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Town Clerk Elizabeth Neville to advertise for bids for a 26 foot 6 inch patrol vessel for the
Police Department Marine Division.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#177
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
2/27/01 6
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Town Clerk Elizabeth Neville to advertise for resumes for Traffic Control Officers for the
2001 summer season for the Police Department.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#178
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Warren Jensen
to the part-time position of School Crossing Guard, replacing retiree Robert Geehreng,
effective February 27~ 2001 at the rate of $11.39 per hour.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#179
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General
Fund Whole Town 2001 budget as follows:
To:
Revenues:
A.2025.00
Appropriations:
Special Recreational Facilities
Park & Playground Funds
A. 1620.2.500.350
Vote of the Town Board:
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
$10,000.00
Buildings & Grounds, Capital Outlay
Beach Improvements $10,000.00
Ayes: Councilman Richter, Councilman Murphy, Councilman
#180
Moved Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Buzz
Chew Chevrolet-Olds-Cadillac~ Inc.~ at the bid price of $28,079.00, for one (1) new 2001 4 X
4 Pick-Up Truck for use by the Highway Department, all in accordance with the
specifications and the approval of the Town Attorney.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#181
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General
Fund Whole Town 2000 budget as follows:
TO:
Buildings & Grounds
A. 1620.4.400.600 Equipment Maintenance & Repairs $1,400.00
Central Data Processing
A. 1680.1.100.100 Full-time Employee Regular Earnings 2,700.00
Public Health
A.4010.1.300.100 FI Mosquito Control 186.00
Programs for the Aging
A.6772.1.100.100 Full-time Employee Regular Earnings 27,400.00
Landmarks Preservation Committee
A.7520.1.200.100 Part-time Employee Regular Earnings 1,050.00
A.7520.1.200.200 Part-time Employee Overtime Earnings 900.00
From:
Contingent
A. 1990.4.100.100 Unallocated Contingencies $ 7,763.79
Employee Benefits
A.9015.8.000.000 NYS Police & Fire Retirement 25,872.21
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
2/27/01 7
#182
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to
Carlisle E. Cochram Jr. to attend the New York State Association of Chiefs of Police New
York State Division of Criminal Justice Services free conference focusing on the special
challenges associated with Management Training - Managing Generation X commencing on
Tuesday, April 17, 2001 through Wednesday, April 18, 2001 at the New York State Police
Training Academy, Albany, New York. Transportation shall be by Police Department
vehicle. All expenses for tolls, accommodations, and meals shall be a legal charge to the Police
Department Training budget line.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: On a lot of these budget modifications, just for your information,
we are trying to close out the year 2000 books, so you saw these the last couple of weeks, and
again today, but they are for the budget of 2000.
#183
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General
Fund Whole Town 2000 budget as follows:
TO:
Public Safety Communications
A.3020.4.200.100
Police
A.3120.1.100.100
A.3120.1.100.300
A.3120.1.100.500
A.3120.1.200.100
A.3120.1.300.200
A.3120.4.100.125
A.3120.4.400.400
A.3120.4.400.650
A.3120.4.400.700
A.3120.4.500.200
Bay Constable
A.3130.1.100.100
A.3130.1.100.200
A.3130.2.400.300
A.3130.4.100.200
A.3130.4.200.100
A.3130.4.400.600
Juvenile Aide Bureau
A.3157.1.100.200
A.3157.1.100.300
A.3157.1.100.500
A.3157.4.100.200
A.3157.4.600.100
Telephone
Full-time Employee Regular Earnings
Full-time Employee Vacation Earnings
Full-time Employee Holiday Earnings
Part-time Employee Regular Earnings
Seasonal Employee Overtime Earnings
Law Book Service
Laundry & Dry Cleaning
Vehicle Maintenance & Repairs
Vehicle Impound
Interpreter Service
Full-time Employee Regular Earnings
Full-time Employee Overtime Earnings
Dry Suits/Dive Equipment
Gasoline & Oil
Cellular Telephone
Buoy Maintenance
Full-time Employee Overtime Earnings
Full-time Employee Vacation Earnings
Fu ll-time Employee Holiday Earnings
Gasoline & Oil
Promotional Handouts
Emergency Preparedness
A. 3640.2.500.700 Communications Equipment
A.3640.4.200.100 Telephone-Fishers Island
Vote of the Town Board: Ayes: Councilman Richter,
$1,900.00
90,900.00
1,600.00
14,000.00
2,400.00
2,800.00
400.00
1,900.00
7,300.00
100.00
2,000.00
400.00
3,400.00
400.00
100.00
100.00
400.00
200.00
1,000.00
800.00
500.00
100.00
300.00
100.00
Councilman Murphy,
Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#184
Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2000 Solid
Waste District budget as follows:
TO:
SR 8160.2.500.200 Garage & Shop Equipment $ 400.00
SR. 8160.4.100.120 Employee Work Gear 10.00
SR. 8160.4.400.100 Engineering 2,300.00
2/27/01 8
SR.9901.9.000.100 Transfers to Capital Fund 500.00
FROM:
SR. 8160.4.400.200 Building Maintenance $3,210.00
Vote of the Town Board: Ayes: Councilman Richter, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Murphy, Councilman
#185
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General
Fund Whole Town 2001 budget as follows:
TO:
Insurance
A. 1910.4.300.100
FROM:
Insurance
A. 1910.4.300.200
A. 1910.4.300.300
A. 1910.4.300.400
A. 1910.4.300.500
A. 1910.4.300.600
Contingent
A. 1990.4.100.100
Commercial Package
$ 8,700.00
Public Officials $1,640.00
Surety Bond 747.00
Police Professional 2,118.00
Boat Policy 1,281.00
Umbrella 1,000.00
Councilman
Unallocated Contingencies $1,914.00
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy,
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#186
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby creates the position of
Account Clerk Typist and establishes the following salary scale:
For full-time employees hired on or before June 8~ 1999:
1/1/01 1/1/02
Entry
1
2
3
4
5
36,142.60
37,197.77 38,197.77
37,625.81 38,625.81
39,375.79 40,775.79
For full-time employees hired after June 8~ 1999:
1/1/01 1/1/02
Entry 30,368.84 31,268.84
1 32,993.84 33,893.84
2 34,043.84 34,943.84
3 35,356.34 36,356.34
4 36,406.34 37,406.34
5 38,611.34 40,011.34
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy,
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman
#187
Moved by Councilman Romanelli, seconded by Justice Evans,
WHEREAS, it is the policy of the Town Board of the Town of Southold to preserve prime
agricultural soils and to protect the scenic, open space character of the Town; and
WHEREAS, the Town Board on August 28, 1998, adopted a Community Preservation Project
Plan in which prime agricultural parcels where listed as eligible parcels that should be
protected; and
WHEREAS, all of the following parcels are listed on the Community Preservation Project
Plan; be it therefore
RESOLVED that the Town Board is considering the purchase of the following properties:
Robert Schreiber John Elak
SCTM# 1000-95-1-4 SCTM# 1000-115-8-3.3
Charles Simon Estate
SCTM# 1000-86-1-10.9
Ruth Pollio as Trustee
SCTM# 1000-108-1-1.1
2/27/01 9
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy,
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman
#188
Moved by Councilman Murphy, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes submission of
a 2001 proposal to the U.S. Department of Agriculture {USDA} Natural Resources
Conservation Service {NRCS} Farmland Protection Program, whereby the Town of
Southold proposes a cooperative effort to acquire the development rights to agricultural
properties which have been submitted by their owners to the Land Preservation committee of
the Town of Southold for sale of such rights to the Town of Southold, in accordance with the
terms of the Farmland Protection Program.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#189
Moved by Councilman Richter, seconded by Councilman Moore, it was
RESOLVED that the Town of Southold hereby grants permission to Solid Waste
Coordinator James Bunchuck to attend the 2001 Federation of New York Solid Waste
Associations Solid Waste/Recycling Spring Conference~ at Lake George, New York, on May
6, 2001 through May 9, 2001. All expenses for registration fees, travel, accommodations, and
meals shall be a legal charge to the Solid Waste District 2001 budget.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: We are holding #190, awarding landfill closure construction
contract.
#191
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 7:40 P.M, Tuesda¥~
March 13~ 2001~ Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time
and place for a public hearing on the question of the purchase of development rights of a
certain parcel of property from Robert Schreiber, under Chapter 25 and/or Chapter 6 (2%
Community Preservation Fund) of the Town Code.
Said property is identified as SCTM# 1000-95-1-4, and is located on the north side of Oregon
Road, approximately 350' west of the intersection of Alvah's Lane and Oregon Road, in
Cutchogue. The development rights acquisition comprises approximately 32.27 acres of the
47.4 acre farm, at a price of $14,500.00 (fourteen thousand five hundred dollars) per acre.
Said property to be purchased either outright by the Town of Southold, or acquired under the
Suffolk County Greenways Program whereby Suffolk County may appropriate an amount up to
70% of the total cost of acquisition.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#192
Moved by Councilman Murphy, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 7:42 P.M,
Tuesda¥~ March 13~ 2001~ Southold Town Hall~ 53095 Main Road~ Southold~ New York as
the time and place for a public hearing on the question of the fee title acquisition by the
Town of Southold of the property of Agnes D. McGunnigle, comprising approximately 25.5
acres, located on the Northeast comer of Bay View Avenue and Mill Road, Mattituck, New
York, identified as SCTM# 1000-106-6-14 & 20, at the price of $500,000.00
Said property to be purchased either outright by the Town of Southold, or acquired
under the Suffolk County Preservation Partnership Program whereby Suffolk County may
appropriate an amount equal to 50% of the total cost of acquisition.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
2/27/01 10
SUPERVISOR COCHRAN: #193, accepting bid for dump truck, is being held. Jake wanted to
check a couple of things, so that is on hold.
#194
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Jean W. Cochran to execute a PSAP Agency Agreement between the Suffolk
County Police Department and the Town of Southold for providing Enhanced E911 services
to residents within the County of Suffolk, for the period from January 1, 2001 through
December 31, 2001, at a cost not to exceed $96,865.00, all in accordance with the approval of
the Town Attorney.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#195
Moved Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of All
Island Equipment~ Inc. for one (1) new hydraulic mower for use by the Public Works
Department, at the bid price of $28,444.00, all in accordance with bid specifications, and the
approval of the Town Attorney.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#196
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General
Fund Part Town
2000 budget as follows:
To:
B.8020.4.500.300
B.8020.4.500.500
B.8020.4.600.200
B.8020.4.600.300
B.8020.4.600.600
B.8020.4.600.700
From:
B. 1990.4.100.100
B.8020.1.100.100
Vote of the Town Board:
Environmental Consultants
Planning Consultants
Meetings & Seminars
Travel Reimbursement
Dues & Subscriptions
Erosion Mitigation Study
Contingent
Full-time Regular Earnings
Ayes: Councilman Richter,
$ 2,600.00
12,400.00
150.00
300.00
150.00
3,500.00
$13,000.00
6,100.00
Councilman Murphy,
Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#197
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General
Fund Whole Town 2001 budget as follows:
To:
A.6772.4.400.100 Senior Services $1,000.00
Building Maintenance & Repairs
To:
A.2705.40 Gifts & other Donations $1,000.00
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#198
Moved by Councilman Romanelli, seconded by Justice Evans,
WHEREAS the Board of Commissioners of the Fishers Island Ferry District wishes to
modify their 2000 budget to rectify overdrawn line items; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby modifies the Fishers
Island Ferry District 2000 budget as follows:
TO:
Appropriations
SM 1930.4 Insurance Claims $1,700.00
2/27/01 11
SM 1950.4 Property Tax 14,200.00
SM 5610.4 Elizabeth Airport 4,900.00
SM 5709.2 Repairs Docks 955,100.00
SM 5710.1 Ferry Operations, Personal Services 53,400.00
SM 5710.4 Ferry Operations, Contractual Expenses 43,100.00
SM 5711.4 Office Expense' 1,700.00
SM 5712.4 Commissioner Fees 900.00
SM 7155.4 Theater 1,100.00
SM 9030.8 Social Security 1000.00
SM 9060.8 Hospitalization 20,400.00
SM 9710.7 Serial Bond Interest 100.00
Revenues:
$1,097,600.00
SM 1760 Ferry Operations $ 75,000.00
SM 4097 Capital Grant, Federal Government 640,000.00
SM 599 Appropriated Fund Balance 300,800.00
$1,015,800.00
FROM:
Appropriations
SM 1310.4 Accounting $ 200.00
SM 1420.4 Attorney 5,000.00
SM 1910.4 Insurance 10,600.00
SM 5708.2 Terminal Project 46,200.00
SM 5710.2 Ferry Operations, Equipment 14, 500.00
SM 9010.8 Retirement Benefits 5,300.00
$ 81,800.00
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#199
Moved by Councilman Murphy, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of
Albrecht~ Viggiano~ Zureck & Company~ P.C. to conduct an audit of the books and
records of the Town of Southold and its grant programs for the year ended December 31~
2000, for a total fee of $19,500.00 ($17,000.00 for the audit, plus $2,500.00 for the Community
Development Program); and be it
FURTHER RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Jean W. Cochran to execute the letter of engagement for the aforementioned
services. Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy,
Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#2OO
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General
Fund Whole Town 2000 budget as follows:
To:
A. 1110.4.600.300 Justices, Travel Reimbursement $178.42
From:
A. 1110.1.100.200 Justices, Overtime Earnings $178.42
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#201
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General
Fund Whole Town 2000 budget as follows:
TO:
A. 1110.4.500.200 Justices, Fee for Service $1,143.00
Non-Employees Court Reporters
FROM:
A. 1110.1.100.100 Justices, Full-Time Earnings $1,143.00
2/27/01 12
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy,
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman
#2O2
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General
Fund Whole Town 2000 budget as follows:
To:
Revenues:
A.2210.70 Justices, Services other Government $100.00
Suffolk County Interpreter
Reimbursement
To:
Appropriations:
A. 1110.4.500.300
Interpreters $100.00
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy,
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman
#203
Moved by Councilman Murphy, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General
Fund Part Town 2000 budget as follows:
FROM:
B. 1990.100.100 Contingent $732.59
TO:
B. 1420.4.500.200 Town Attorney, Legal Counsel $732
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#2O4
Moved by Councilman Romanelli, seconded Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Jean W. Cochran to execute a service agreement for the Town Hall telephone
system with Expanets of Plainview, New York, effective February 15, 2001, at an annual
maintenance fee of $4,680.00 for the first year, and then quarterly advance payments of
$1,170.00 thereafter, all in accordance with the approval of the Town Attorney.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy,
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman
#2O5
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby grants amends resolution
number 8 of October 10~ 2000 at the request of American Diabetes Association. to change
the date of the Annual Tour de Cure Cycling event from June 10~ 2001 to June 24~ 2001.
Said resolution in its entirety shall read as follows:
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the
American Diabetes Association to use the following Town Roads for their l0th Annual Tour
de Cure Cycling event on Sunda¥~ June 24~ 2001~ from 7:00 a.m. to 3:00 p.m, provided
they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming
the Town of Southold as an additional insured: Peconic Bay Boulevard, Bay Avenue,
Wickham Avenue, Grand Avenue, Mill Road, Oregon Road, Cox Lane, Bridge Lane, Mill
Lane, Soundview Avenue, Lighthouse Road, Moores Lane, Village Lane, King Street, Narrow
River Road, Orchard Street, and Tabor Road.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#2O6
Moved by Councilman Richter, seconded by Justice Evans, it was
2/27/01 13
RESOLVED that the Town Board of the Town of Southold hereby appoints Heather Latne¥
to work as a Summer Intern at the Southold Town Police Department~ as a volunteer
without compensation, commencing June 1, 2001 through the completion of her 480 hours
necessary for college credit.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#207
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General
Fund Whole Town 2000 budget as follows:
TO:
Police
A.3120.1.100.400 Full-Time Employee Sick Earnings $240.00
FROM:
Police
A.3120.1.300.100 Seasonal Employee Regular Earnings $240.00
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#208
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that pursuant to Article IX of the Constitutiom the Town Board of the Town
of Southold hereby requests the enactment of Senate Bill No. S. 2590 and Assembly Bill No.
A. 4944, entitled "AN ACT to amend Chapter 246 of the laws of 1916 relating to the
extermination of mosquitoes and the establishment of districts therefore~ in relation to
authorization for the amount of the annual appropriation by the Town of Southold for the
Orient Mosquito District." It is hereby declared that a necessity exists for the enactment
of such legislatiom whereas the Town Board does not have the power to enact such
legislation by local law.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#209
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby hires John Ford as a
part- time Minibus Driver for the Human Resource Center, at the rate of $8.88 per hour,
effective March 1, 2001.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#210
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General
Fund Whole Town 2001 budget as follows:
TO:
Appropriations:
East End Transportation Council
A. 8020.1.200.100 Personal Services, Regular Earnings $1,750.00
Travel Expenses 500.00
A. 8020.4.200.200
SEED Project
A. 8020.4.300.100
A. 8020.4.300.200
A. 8020.4.300.300
Revenues:
A.2210.80 Services Other
A.2210.90 Services Other
From:
Appropriations
Coordinator
Copies, Supplies, Etc.
Travel Expenses
Governments, EETC
Governments, SEED
East End Transportation Council
$9,000.00
1,000.00
500.00
2,500.00
10,000.00
A. 8020.4.200.100 Copies, Supplies, etc. 250.00
2/27/01 14
Vote of the Town Board: Ayes: Councilman Richter, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Murphy, Councilman
COUNCILMAN MOORE: Can I ask that we amend 213 to roll in 221 into it? It is all related
to Building Department fees, and Town fees, all into a single local law so when the legal notice
is done Greg can take care of that as a single resolution, so 213 and 221 is all together.
#213
Moved by Councilman Moore, seconded by Justice Evans,
WHEREAS it has been presented to the Town Board of the Town of Southold,
Suffolk County, New York, on the 13th day of February, 2001 a Local Law entitled "A Local
Law in relation to Building permit Fees, Chapter 45, Article VIII, Fire Prevention and
Building Code, Uniform of the Code of the Town of Southold" and, now therefore be it
RESOLVED the Town Board of the Town of Southold hereby sets 7:44 p.m.
Tuesday, March 13, 2001 at the Southold Town Hall, 53095 Main Road, Southold, New York,
as the time and place for a public hearing on the aforesaid Local Law, at which time all
interested persons will be heard.
The proposed "Local Law in relation to Building permit Fees, Chapter 45, Article
VIII~ Fire Prevention and Building Code~ Uniform of the Code of the Town of Southold"
and, which includes the following:
LOCAL LAW NO. 2001
A Local Law in relation to relation to Building permit Fees, Chapter 45. Article VIII,
Fire Prevention and Building Code, Uniform of the Code of the Town of Southold:
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
Chapter 45 (Fire Prevention and Building Code, Uniform) of the Code of the Town of Southold
is hereby amended as follows:
Section 45-8. Building permit required; application for permit. [Amended 5-30-1995 by L.L.
No. 11-1995]
L. Permit fees.
(4) Pre-construction fee. If any land clearing or excavation or building or
commencement of any construction activity is without the benefit of applicable town permits,
all fees associated with any land clearing or excavation or building or construction activity will
be equal to double the otherwise applicable fee for all permits as provided by this Chapter.
(4), (5) Notwithstanding the foregoing, no fee shall be required of or paid by taxing
entities or districts, including but not limited to fire districts, school districts, park districts and
the like.
Strike-through represents deletion.
Underline represents insertion.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#214
Moved by Justice Evans, seconded by Justice Evans,
RESOLVED that the Town Board of the Town of Southold hereby modifies the General
Fund Whole Town 2001 budget as follows:
TO:
Revenues:
A.2025.00
A.3089.80
Appropriations:
Special Recreational Facilities
Park & Playground Funds
NYS Grant
Dept of State Grant
$15,000.00
15,000.00
Councilman
Buildings & Grounds, Capital Outlay
A. 1620.2.500.750 Road End Restorations $ 30,000.00
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy,
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#215
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Town Clerk
2/27/01 15
Elizabeth Neville to advertise for bids to install a new stairway and landing at the end of
Sound Drive~ Greenport~ NY, in accordance with the plans and specifications prepared by
Town Engineer James Richter.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#216
Moved by Councilman Moore, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold authorizes the execution of a
stipulation of settlement in the case entitled Grattan v. Lynch and the disbursement of a
settlement amount of $20,000.00 plus $3,933.80 in costs.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#217
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED by the Town Board of the Town of Southold that Supervisor Jean W. Cochran is
hereby authorized to execute the necessary documents to hire the Environmental
Consulting Firm of Nelsom Pope & Voorhis~ LLC to conduct the necessary SEQRA review
pursuant to the attached proposal dated February 27, 2001.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: On #218, we had left the hearing open two weeks ago because
there was a group that wanted to respond, and we haven't heard anything from them, so ! will
close the hearing, and we can enact the law.
#218
Moved by Justice Evans, seconded Councilman Romanelli,
WHEREAS it has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the BOth day of January, 2001 a Local Law entitled "A Local Law in
relation to Parks, open spaces, school sites and natural features, Chapter Al06, Article
lll, Subdivision of Land, of the Code of the Town of Southold" and,
WHEREAS the Town Board of the Town of Southold held a public hearing on
February 13, & February 27, 2001, on the aforesaid Local Law at which time all interested
persons were heard, and
WHEREAS the value of real property in the Town of Southold has increased
significantly in the past several years and the amount of the fee paid in lieu of reservation of
land for subdivisions has not increased and
WHEREAS the increase in the fee amount for money in lieu of land reservation is
justified due to the high value of real property and does not exceed and is substantially less than
the actual value of the land which the Town could require reserved as a condition of
subdivision approval, therefore be it
RESOLVED, that the Town Board of the Town of Southold hereby enacts "A Local
Law in relation to Parks, open spaces, school sites and natural features, Chapter Al06, Article
III, Subdivision of Land" which includes the following:
LOCAL LAW NO. 2001
A Local Law in relation to Parks, open spaces, school sites and natural features, Chapter
Al06, Article lll, Subdivision of Land
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
Chapter Al06 (Subdivision of Land) of the Code of the Town of Southold is hereby amended
as follows:
Section A106-38. Parks, open spaces, school sites and natural features is amended as follows:
A. Alternate procedure: money in lieu of land.
(3) The amount to be deposited with the Town Board shall be two five
thousand dollars reo ~ ~
~,,, .... j ($5,000) per lot for each vacant lot in the subdivision. For the
purpose of this section, a "vacant lot" shall be construed as a lot that does not contain an
existing residential structure at the time the subdivision receives final approval. In a
subdivision containing lots designated as affordable pursuant to the town's affordable
housing code, those lots so designated shall be exempt from this computation.
[Amended 5-22-1990]
Section 2. Effective Date.
2/27/01 16
This local law shall become effective upon filing with the Secretary of State.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy,
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman
SUPERVISOR COCHRAN: May ! have a motion to recess for public hearings?
Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that this Town Board meeting be and hereby is recessed at 5:00 P.M.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy,
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Councilman
Reconvened at 5:15 P.M.
#219
Moved by Justice Evans, seconded by Councilman Romanelli,
WHEREAS the Town Board of the Town of Southold held a public hearing on February 27,
2001, on the question of the purchase of certain parcels of property owned by Jack Levin and
the estate of Irving Levin, and
WHEREAS, the Town Board deems it in the public interest that the Town of Southold acquire
these, now, therefore be it
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase certain
parcels of property owned by Jack Levin and the estate of Irving Levin. Said property is
identified as SCTM #1000-045-01-009 and SCTM # 1000-044-04-p/o 005. The parcels total
approximately 59.4 +/- acres. The purchase price is $600,000.00 (six hundred thousand
dollars); and be it
FURTHER RESOLVED that the properties are to be purchased in partnership with Suffolk
County under the County's Land Preservation Partnership Program, the total costs of the
acquisition to be shared 50%/50% between the Town of Southold and the County of Suffolk.
The parcels are located on the south side of Sound Avenue (Route 48) between Chapel Lane
and Albertson Lane.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#22O
Moved by Councilman Romanelli, seconded by Councilman Richter,
WHEREAS that there has been presented to the Town Board of the Town of Southold,
th ~
Suffolk County, New York, on the 13 day of February 2001, a Local law entitled A Local
Law in relation to Filming", and
WHEREAS the Town Board of the Town of Southold has held a public hearing on the
aforesaid Local Law at the Southold Town Hall, on February 27, 2001, at which time all
interested persons were heard, now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby enacts the Local
Law in relation to Filming, which includes the following:
LOCAL LAW NO. - 2001
A Local Law in relation to Filming.
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
Chapter 44A
Filming
§ 44A-1 Purpose.
The Town Board of the Town of Southold recognizes that the town's natural beauty and
historical sites are attractive to individuals, organizations, corporations, groups and other
entities involved in the businesses of still photography, motion pictures and television, Because
such filming activities may create a threat to public safety, health or welfare due to the time,
location or duration of the filming, or may unduly interfere with vehicular and/or pedestrian
traffic, the town desires to regulate such activities through the issuance of permits. The purpose
of this local law is to set forth the procedure governing such permit process.
§ 44A-2 Permit required.
A. General. A permit issued pursuant to this chapter is required prior to any person,
organization, corporation, group or other entity engaging in the activity of
filming or photographing a commercial, movie, documentary, television
program, catalog or magazine layout, or any other presentation upon the streets,
sidewalks or any other property owned by the Town of Southold, exclusive of
2/27/01 17
the Village of Greenport. The application process for obtaining a permit is set
forth in § 44A-3.
B. Exemption. A permit pursuant to this chapter shall not be required if five or
fewer individuals constitute the entire cast and crew engaged in one of the
activities described in Subsection A above.
§ 44A-3 Application for a permit.
A. Application form. An applicant may obtain an application form from the Town
Chief of Police or the Town Clerk. The information requested on the application
form shall include, without limitation, the following:
(1) The name and address of the applicant,
(2) The proposed location(s) of the filming or still photography.
(3) The date(s) and time(s) the permit is intended to cover.
(4) The number in the cast and crew.
(5) The number of vehicles.
(6) The person in charge on site.
B. Submission to Town Clerk. The following materials shall be submitted by the
applicant to the Town Clerk at least seven days before the proposed date to start the
filming or still photography:
(1) A completed application form.
(2) A one-hundred-dollar nonrefundable application fee.
(3) A certificate of insurance and indemnification agreement pursuant §
Review by Chief of Police. The Town Clerk shall forward the application to the
Chief of Police for approval or disapproval. Said approval or disapproval shall
be based on the Chief of Police, or his designee, making a determination on
whether the proposed filming or still photography will constitute a threat to
public safety, health or welfare by reason of time, location or duration of the
activity or will unduly interfere with vehicular and/or pedestrian traffic.
Approval of the application by the Chief of Police, or his designee may be
conditioned on the payment of the traffic control fee set forth in §. The
Chief of Police shall send the approved or disapproved application back to the
Town Clerk.
D. Review by Town Attorney. The Town Clerk shall forward the certificate of
insurance and the indemnification agreement to the Town Attorney for approval.
The Town Attorney shall send such approved or disapproved documents back to
the Town Clerk.
E. Permit fee. The Town Clerk shall calculate the permit fee required to be paid by
an approved applicant as follows:
(1) Film fee. One hundred dollars per day shall be paid for each day covered
by the permit.
(2) Cleanup deposit. A separate certified check in the amount of $250 for
each day covered by the permit shall be paid pursuant to §
(3) Traffic control fee. One thousand dollars shall be paid for each day
covered by the permit if the Chief of Police, or his designee, requires
payment of the traffic control fee pursuant to §
(4) Beach parking fee. If the permit includes one or more town beaches as
location sites, a ten-dollar-per-vehicle fee for each day covered by the
permit shall be paid if the permit covers any day falling between May 1
through September 30.
Issuance of permit. The Town Clerk shall countersign an approved application. The Town
Clerk shall collect the permit fee calculated pursuant to Subsection E from the applicant.
Payment of the permit fee shall be in the form specified in § Upon payment of the
permit fee, the Town Clerk shall issue the permit to the applicant. The permit shall set forth the
name of the applicant and the location(s), date(s), and time(s) of the filming or still
photography.
§ 44A-4 Traffic control fee.
A. In the event that the Chief of Police or his designee determines that the police
officers or traffic control officers will be necessary for the protection of the
citizens or for the control of traffic during the filming or still photography, the
applicant shall submit to the Town Clerk a fee of $1,000 for each day covered
by the permit pursuant to Subsection F of §
B. If the Chief of Police determines that the one-thousand-dollar-per-day traffic
control fee will be fully expended prior to the termination of the permit period)
the Chief of Police shall notify the Town Clerk. The Town Clerk shall contact
2/27/01 18
the applicant in writing and require payment of additional sum of money, said
specific amount to be determined by the Chief of Police based on the salaries
and the number of hours to be worked by the town police and traffic control
personnel. Said additional traffic control fee shall be paid within seven days of
said notice. The applicant's failure to pay such additional fee within said seven-
day period shall result in the Town Clerk's providing the applicant with written
notice that the permit has been suspended and the date of such suspension. The
applicant's receipt of the Town Clerk's suspension notice shall not be construed
as altering the date of suspension set forth in said written notice, the effective
date of the suspension being the day immediately following the completion of
the seven-day notice period.
C. The procedure set forth in Subsection B may be repeated as necessary to ensure
that the applicant pays for all costs included by the town in providing traffic
control services.
D. After termination of the filming, the Chief of Police shall provide the applicant
with a statement regarding the actual cost to the town of providing said police
officers or traffic control officers. If the actual cost is less than the moneys that
the town has collected pursuant to Subsection A, B or C, the town shall remit the
balance to the applicant. If the actual cost is more that the moneys that the town
has collected pursuant to Subsections A. B or C) the applicant shall be
responsible for providing the balance to the town within 30 days of the
termination of the filming or still photography.
E. The Chief of Police shall forward a copy of the statement of actual cost to the
Town Clerk who will file said statement with the original application form.
§ 44A-5 Cleanup deposit.
A. Each applicant whose application has been approved shall give the Town Clerk
a certified check in the amount of $250 for each day covered by the permit,
which check shall be held and not deposited by the town during the duration of
the permit period.
B. At the termination of the permit period, the Town Superintendent of Highways,
shall inspect the locations listed on the permit and determine if the locations
require cleanup efforts by town personnel.
C. If cleanup is required, the Town Superintendent of Highways, will coordinate
that effort. Said Superintendent will provide the T own Clerk with a statement
setting forth the actual cost to the town of providing said cleanup services. If the
actual cost is less than the deposit collected pursuant to Subsection A, the town
shall remit the balance to the applicant. If the actual cost is more than the
deposit collected pursuant to Subsection A, the applicant shall be responsible for
providing the balance to the town within 30 days of the termination of the
filming or still photography.
D. If no cleanup is required, the Town Superintendent shall notify the Town Clerk
of that fact, and the Town Clerk shall promptly remit the certified check to the
applicant.
§ 44A-6 Payment of fees.
Any fee collected under this chapter shall be paid either in cash or by certified check made
payable to the Town of Southold and shall be delivered to the Town Clerk.
§ 44A-7 No donations accepted.
Other than the required fees, the town shall not accept any donations from the applicant in
connection with the granting of the permit. In addition, no town official or employee shall
make a recommendation to the applicant regarding a donation to a third party.
§ 44A-8 Notice.
The Town Clerk shall give notice to the Chief of Police, the Chief Building Inspector, the Code
Enforcement Officer, the Fire Marshal, the Superintendent of Highways and the Superintendent
of Parks and Recreation of each permit issued pursuant to this chapter.
§ 44A-9 No alterations to town property.
A permit holder shall be responsible for any damage to town property or facilities that may
result from the permit holder's activities. No alterations are to be made at filming or
photography sites, including, without limitation, cutting trees, digging holes and trimming
bushes, without the express authorization of the Town Board.
§ 44A-10 Compliance with other laws.
Issuance of a permit pursuant to this chapter does not relieve the permit holder of its duty to
comply with all other town local laws, ordinances and regulations during the duration of the
filming or photography.
§ 44A-11 Insurance requirements.
2/27/01 19
Every application for a permit pursuant to this chapter shall include a certificate of insurance
that evidences a public liability insurance policy covering the town as an additional insured in
the minimum amount of the $1,000,000 per occurrence for the duration of the filming or still
photography. The applicant shall also submit an indemnification agreement that states that the
applicant agrees to assume all liability for an will indemnify and hold the town harmless of and
free from any and all damages that occur to persons or property by reason of said filming or
still photography.
§ 44A-12 Permit available at film site.
The permit holder shall be required to have the permit available for inspection by the Town
Police Department, or its designees, at the site of the filming or still photography for the
duration of the permit period.
§ 44A-13 Extension of permit period.
An applicant which has been granted a permit may submit to the Town Clerk a request to
extend the duration of the permit. The Chief of Police, or his designee, will make the decision
whether or not to grant such request. If permission is granted, the Town Clerk shall collect from
the applicant an additional $100 for each additional day added to the permit period. The Town
Clerk shall then modify the applicant's permit to indicate the granted extension period.
§ 44A-14 Penalties for offenses.
A. Any action by any person, organization, corporation, group or other entity which
violates or does not comply with any provision of this chapter shall be
punishable by a fine of not less than $100 and not more than $1,000, and, in
addition, anyone convicted hereunder of not complying with the requirements of
§ and/or §. maybe subject to a fine of not less than the amount
of the actual costs incurred and owed to the town, and not more than an amount
to twice said actual costs.
B. Each continuing day of violation of this chapter shall constitute a separate
offense.
C. In addition to the above provided penalties, the town may also maintain an
action or proceeding in the name of the town in a court of competent jurisdiction
to compel compliance with, or to restrain by injunction the violation of this
chapter.
§ 44A-15 Severability.
The provisions of this Law are severable. In any provision of this local law or its application to
any person or circumstance is held invalid, said invalidity shall not affect any other provision or
application of this local law which can be given effect without the invalid provision or
application of the local law.
§ 44A-16 When effective.
This Local law shall take effect immediately upon filing with the Secretary Of State as
provided by law.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: That is the end of our resolutions. At this time we will ask if
there is anyone who would like to address the Town Board in relation to any Town business?
Sir, do you have a question?
HAYDEN ALLEN: I am Hayden Allen of Cutchogue. ! moved away in 1939. ! just came back
in 1999, and so ! have noticed quite a few changes. ! would like to ask you the Architectural
Advisory Committee, did they have any say about the architectural plans of the Raphael
Vineyard in Peconic?
SUPERVISOR COCHRAN: Yes, ! think they did.
HAYDEN ALLEN: They did, and what did they advise? What did they advise in the building
committee or the Town Board? Were they in favor of it, or against it?
SUPERVISOR COCHRAN: It is an advisory group to the Planning Board.
HAYDEN ALLEN: Okay, did they advise the Planning Board to go ahead with the plans?
SUPERVISOR COCHRAN: I would have to check. ! don't know that right offhand.
HAYDEN ALLEN: It certainly is an impressive building, but it certainly doesn't fit into the
Town of Southold environment, and ! am sorry that allowed it to be built in that design. One
2/27/01 20
other thing, would you, please, speak closer to the mikes when you are talking so we can hear
you better. Thank you.
SUPERVISOR COCHRAN: We have hearing devices. If you have difficulty hearing us we do
have hearing things.
HAYDEN ALLEN: You mean I can get something like that?
SUPERVISOR COCHRAN: Yes, the Town Clerk has it. Next time just ask Betty when you
come in, and we will see that you have it. We don't want you to miss anything.
HAYDEN ALLEN: I didn't miss much today.
SUPERVISOR COCHRAN: Not much going on.
LORRAINE ANDRADE: Hi, I am Lorraine Andrade from S.O.S, Save Our Shelter, and I
have 541 more signatures on petitions to give you. Including the signatures today are 58 signed
by the students at Mattituck Junior-Senior High School. They, too, want to see a new shelter
built. This brings the total signatures on petition to 5,850. We are looking forward to receiving
the report architect Dennis Bradley, and hopefully we will have it any day now.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board?
JUDY SEIBERG: My name is Judy Seibert. I live up in Highpoint Meadows, and I am a
school librarian, a reference librarian in Patchogue, and I have enough aggravation. Do you
have a sound? I know you don't have a sound ordinance. I called the police, because I couldn't
I couldn't stand the blaring speakers from these teenagers down the street, and I understand you
don't have a sound ordinance. Is there going to be one, or do you ever think about it?
SUPERVISOR COCHRAN: We have discussed it more than once, and it goes into Code
Committee.
COUNCILMAN MOORE: We are looking at four or five different municipalities ordinances
presently.
JUDY SEIBERG: Oh, please.
COUNCILMAN MOORE: The Chief of Police has it, and he is looking at it.
JUDY SEIBERG: I live half a mile up the road from this house, and I could hear every word
of these songs that were coming into my own house. I couldn't even escape inside.
SUPERVISOR COCHRAN: We sympathize.
JUDY SEIBERG: Of course I am used to the rap music from school, and the lyrics, and I
know about all that, but I have neighbors, too, with kids when the parents aren't home with
these stereos blasting besides the cars almost rattling to pieces on the street, you know? So, I
am just asking.
COUNCILMAN MOORE: We had hoped with the wintertime and everyone closing their
windows that immediacy of this situation would be put down a little bit, and the Chief and I set
it aside, and we are going to work on it some more.
JUDY SEIBERG: Thank you.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board? (No response.) If
not, I will call on Board reports. Craig, do you have anything to report at this time?
COUNCILMAN RICHTER: I am hoping that pretty soon we should have our first renderings
of possibilities of some choices for Town Hall.
SUPERVISOR COCHRAN: Make sure they go past the Arch Review Committee. (tape
change) Association of Towns last week, and taking advantage of the different courses that
they present.
2/27/01 21
COUNCILMAN MOORE: We enacted a resolution hired the environmental firm. We said
nothing as we did that by the way, but that has to do with the announcement of five acre
zoning. So, we are going to go to work on that very quickly, and Code Committee meets next
week. We hope to move ahead very quickly the final draft of Historic Preservation Law. You
have been reading the papers, ! am sure about some other things we are working on, so we will
get some final drafts up to you very shortly.
SUPERVISOR COCHRAN: Good. I, also, along with most of the members of the Board, and
our Town Clerk went into the Association of Towns, and it was a good conference. There was a
great deal of information to be given, and to be heard, and it was well worthwhile for those that
went in. Also, ! would like to give just a little plug. ! said ! would get the Boy Scouts later, and
Troop 51 in Greenport, the boys are from Orient, East Marion, Greenport and Southold, and
they want to go to the Boy Scout Jamboree, which is a national affair, and it is really an
exciting thing to do. There is eighteen of them, and they have to raise $18,000. It costs
approximately $1,000 for each kid to go, and they are requesting donations from local
businesses and organizations, and this came across my desk, so ! thought ! would share it with
our listening public that if you would like to support eighteen Boy Scouts going to the jamboree
that you can contact Tanya Bibby, Assistant Scout Master in Greenport, PO Box 601, or please
feel free to call, 477-0556, and Warren Bondarchuck is the Scoutmaster. So, it is a worthwhile
thing to help the kids, and ! know the jamborees are worthwhile, and usually most of these kids
end up earning their Eagle Scout, because of the exposure and some of the experiences they
have, things such as this. So, it is good. Bryan, anything to report? Nothing at this time. ! will
entertain a motion to adjourn.
Moved by Councilman Murphy, seconded by Councilman Romanelli, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at 5:18 P.M.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Elizabeth A. Neville
Southold Town Clerk