HomeMy WebLinkAbout2005 1'fl RESOLUTION 2005-466
ADOPTED DOC ID: 1032
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-466 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 2, 2005:
RESOLVED that the Town Board of the Town of Southold hereby appoints the following
persons as part time seasonal employees for the operation of the Fishers Island movie
theatre for the summer season starting on June 29, 2005 and ending on September 1, 2005.
Mike Conroy Recreational Aide $ 125.00 per movie
Karla Heath Clerk $ 180.00 per week
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-467
ADOPTED DOC ID: 1033
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-467 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 2, 2005:
RESOLVED that the Town Board of the Town of Southold hereby finds that the adoption of
the local law entitled "A Local Law in Relation to the Architectural Review Committee" is
classified as a Type II Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section
617.5, and is not subject to review under SEQRA.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-468
ADOPTED DOC ID: 1034
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-468 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 2, 2005:
WHEREAS, on July 20, 2005, the Town of Southold purchased Fee Title to the parcel known as
NOFO Associates or the successors thereto (a/k/a McFeely); and
WHEREAS, said property is identified as SCTM41000-125-1-14 and 5145 Route 25, Mattituck,
New York; and
WHEREAS, said property is 30.785 acres, as per a survey prepared by Joseph A. Ingegno, Land
Surveyor, dated June 26, 2002,and
WHEREAS, said property is located within the Low-Density Residential R-80 Zoning District;
and
WHEREAS, said property is located within the Mattituck-Cutchogue School District; and
WHEREAS, the deed recorded as part of the purchase prohibits the use of the property for any
residential, commercial or industrial uses and prohibits the use of the property for anything other
than open space, except for future use for open space stewardship and interpretive
center/quarters; and
WHEREAS, as per Section 87-5 (Determination of Sanitary Flow Credit to be Deposited in the
TDR Bank) of the Town Code, the Land Preservation Coordinator provided the Town Board
with a calculation of the sanitary flow credits available for transfer from the above-mentioned
parcel prior to the Town Board public hearing on the purchase; and
Resolution 2005-468 Board Meeting of August 2, 2005
WHEREAS, the Land Preservation Coordinator provided the Town Board with a final
calculation of the sanitary flow credits available for transfer from the above-mentioned parcel
following the closing on the parcel; and
WHEREAS, 22.4 sanitary flow credits are available from the parcel. However, 1 sanitary flow
credit will be retained on the property for the stewardship and interpretive center/ quarters.
Therefore, 21.4 (twenty-one and four tenths) Sanitary Flow Credits are available to be placed
into the Town TDR Bank as a result of this purchase; be it therefore
RESOLVED that the Town Board of the Town of Southold hereby places 21.4 (twenty-one
and four tenths) sanitary flow credits into the Town TDR Bank from the Town's fee title
purchase of the property owned by NOFO Associates or the successors thereto (a/k/a
McFeel ; and, be it
FURTHER RESOLVED that the Town Clerk shall enter this transfer of 21.4 (twenty-one and
four tenths) sanitary flow credits into the Sanitary Flow Credit Log; and, be it
FURTHER RESOLVED that the Town Clerk shall forward this resolution to the Tax Assessors
Office, the Land Preservation Department, the Special Projects Coordinator and the Planning
Department for inclusion into the Town database and GIS system.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
Updated: 7/29/2005 10:08 AM by Lynda Rudder Page 2
1'fl RESOLUTION 2005-469
ADOPTED DOC ID: 1035
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-469 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 2, 2005:
RESOLVED that the Town Board of the Town of Southold hereby appoints Thomas J.
Evanko to the position of deckhand for the Fishers Island Ferry District at a salary of
$10.00/hour, effective July 7, 2005.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-470
ADOPTED DOC ID: 1037
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-470 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 2, 2005:
WHEREAS the Town Board of the Town of Southold has proposed the reconstruction of the
Town of Southold Animal Shelter, and
WHEREAS the Town Board of the Town of Southold adopted a negative declaration under the
SEQRA rules and regulations relating to the proposed Animal Shelter reconstruction, and
WHEREAS the Town Board is in receipt of the Town of Southold Local Waterfront
Revitalization Program(LWRP) Consistency Coordinator's recommendation that the proposed
Animal Shelter reconstruction is consistent with the Ton of Southold LWRP, now therefor be it
RESOLVED by the Town Board of the Town of Southold that the proposed Animal Shelter
reconstruction is consistent with the Town's LWRP and the policy goals stated therein.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-471
ADOPTED DOC ID: 1036
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-471 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 2, 2005:
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK,
ADOPTED DULY 26, 2005, AUTHORIZING THE CONSTRUCTION
OF A NEW TOWN ANIMAL SHELTER, IN SAID TOWN, STATING
THE ESTIMATED MAXIMUM COST THEREOF IS $2,600,000,
APPROPRIATING SAID AMOUNT THEREFOR, AND
AUTHORIZING THE ISSUANCE OF $2,600,000 SERIAL BONDS OF
SAID TOWN TO FINANCE SAID APPROPRIATION
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF
SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-
thirds of all the members of said Town Board) AS FOLLOWS:
The Town of Southold,in the County of Suffolk, New York(herein called the "Town"),is
hereby authorized to construct a new Town animal shelter on the site of the existing animal
shelter located at 269 Peconic Lane,in the Town, including demolition of the existing
animal shelter, purchase of the original furnishings, equipment, machinery and apparatus
required for the purpose for which said new shelter is to be used and 2radin2 and
improving the site. The estimated maximum cost of said specific obiect or purpose,
including preliminary costs and costs incidental thereto and to the financing thereof, is
$2,600,000 and the said amount is hereby appropriated therefor. The plan of financing
includes the issuance of not to exceed $2,600,000 serial bonds of the Town to finance said
appropriation and the levy and collection of taxes upon all the taxable real property in the
Town to pay the principal of said bonds and the interest thereon as the same shall become
due and payable.
Serial bonds of the Town in the principal amount of not to exceed $2,600,000 are hereby
authorized to be issued pursuant to the provisions of the Local Finance Law, constituting
Resolution 2005-471 Board Meeting of August 2, 2005
Chapter 33-a of the Consolidated Laws of the State of New York(herein called the "Law"),
to finance said appropriation.
The following additional matters are hereby determined and declared:
(a) Said new shelter will be of Class "B" construction as defined by Section
11.00 a. 1 L(b) of the Law and the period of probable usefulness applicable thereto for which
said bonds are authorized to be issued, within the limitations of said Section 11.00 a. 11(b) of the
Law, is fifteen(15)years.
(b) The proceeds of the bonds herein authorized, and any bond anticipation
notes issued in anticipation of said bonds, may be applied to reimburse the Town for
expenditures made after the effective date of this resolution for the purpose for which said bonds
are authorized. The foregoing statement of intent with respect to reimbursement is made in
conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department.
(c) The Town Board of the Town, acting in the role of Lead Agency pursuant
to the provisions of the New York State Environmental Quality Review Act, constituting Article
8 of the Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617 ("SEQRA")
has heretofore determined that the project described herein is an Unlisted Action pursuant to
SEQRA. The Town Board has reviewed a Full Environmental Assessment Form and has
determined that the project will not result in any significant adverse environmental impact and a
negative declaration has been adopted.
(d) The proposed maturity of the bonds authorized by this resolution will
exceed five (5)years.
Each of the bonds authorized by this resolution, and any bond anticipation notes issued in
anticipation of the sale of said bonds, shall contain the recital of validity as prescribed by
Section 52.00 of the Law and said bonds, and any notes issued in anticipation of said bonds,
shall be general obligations of the Town, payable as to both principal and interest by
general tax upon all the taxable real property within the Town without limitation of rate or
amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual
payment of the principal of and interest on said bonds, and any notes issued in anticipation
of the sale of said bonds, and provision shall be made annually in the budget of the Town
by appropriation for (a) the amortization and redemption of the bonds and any notes in
Updated: 8/2/2005 3:11 PM by Lynda Rudder Page 2
Resolution 2005-471 Board Meeting of August 2, 2005
anticipation thereof to mature in such year and(b) the payment of interest to be due and
payable in such year.
Subiect to the provisions of this resolution and of the Law and pursuant to the provisions
of Section 21.00 relative to the authorization of bonds with substantially level or declining
annual debt service, Section 30.00 relative to the authorization of the issuance of bond
anticipation notes and Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and
duties of the Town Board relative to authorizing bond anticipation notes and prescribing
the terms, form and contents and as to the sale and issuance of the bonds herein
authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the
renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief
fiscal officer of the Town.
The validity of the bonds authorized by this resolution, and of any notes issued in
anticipation of the sale of said bonds, may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
Town is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution, or a summary thereof, are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after
the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
This bond resolution is subiect to a permissive referendum and the Town Clerk is hereby
authorized and directed,within ten (10) days after the adoption of this resolution, to cause
to be published, in full, in the "THE TRAVELER WATCHMAN," a newspaper published
in Southold, New York and hereby designated the official newspaper for such publication
and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice
in substantially the following form:
TOWN OF SOUTHOLD, NEW YORK
PLEASE TAKE NOTICE that on August 2, 2005, the Town Board of the Town
of Southold, in the County of Suffolk,New York, adopted a bond resolution entitled:
Updated: 8/2/2005 3:11 PM by Lynda Rudder Page 3
Resolution 2005-471 Board Meeting of August 2, 2005
"BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED AUGUST 2, 2005, AUTHORIZING THE
CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN SAID
TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS
$2,600,000, APPROPRIATING SAID AMOUNT THEREFOR, AND
AUTHORIZING THE ISSUANCE OF $2,600,000 SERIAL BONDS OF
SAID TOWN TO FINANCE SAID APPROPRIATION"
an abstract of which bond resolution concisely stating the purpose and effect thereof, being as
follows:
FIRST: AUTHORIZING the Town of Southold("Town") to construct a new
Town animal shelter on the site of the existing animal shelter located at 269 Peconic Lane, in
Town, including demolition of the existing shelter, purchase of the original furnishings
equipment, machinery and apparatus required and grading and improving the site; STATING the
estimated maximum cost thereof, including preliminary costs, and costs incidental thereto and
the financing thereof, is $2,600,000; APPROPRIATING said amount therefor; and STATING
the plan of financing includes the expenditure of not to exceed $2,600,000 serial bonds of the
Town to finance said appropriation, and the levy and collection of taxes on all the taxable real
property in the Town to pay the principal of said bonds and the interest thereon as the same shall
become due and payable;
SECOND: AUTHORIZING the issuance of not to exceed $2,600,000 serial
bonds of the Town pursuant to the Local Finance Law of the State of New York(the "Law") to
finance said appropriation;
THIRD: DETERMINING and STATING the period of probable usefulness
applicable to said shelter, the purpose for which said serial bonds are authorized to be issued, is
fifteen (15)years; the proceeds of said bonds and any bond anticipation notes issued in
anticipation thereof may be applied to reimburse the Town for expenditures made after the
effective date of this bond resolution for the purpose for which said bonds are authorized; the
Town Board of the Town has heretofore determined that the project is an Unlisted action
pursuant to SEQAA; and the proposed maturity of said $2,600,000 serial bonds will exceed five
(5)years;
FOURTH: DETERMINING that said bonds and any bond anticipation notes
issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be
Updated: 8/2/2005 3:11 PM by Lynda Rudder Page 4
Resolution 2005-471 Board Meeting of August 2, 2005
general obligations of the Town; and PLEDGING to their payment the faith and credit of the
Town;
FIFTH: DELEGATING to the Supervisor the powers and duties as to the
issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or
the renewals thereof; and
SIXTH: DETERMINING that the bond resolution is subject to a permissive
referendum.
DATED: August 2, 2005
Elizabeth A.Neville
Town Clerk
Section 8. The Town Clerk is hereby authorized and directed to cause said bond
resolution to be published, in summary, in substantially the form set forth in Exhibit"A" attached
hereto and made a part hereof, after said bond resolution shall take effect,in the newspaper referred
to in Section 7 hereof, and hereby designated the official newspaper for said publication, together
with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law,
constituting Chapter 33-a of the Consolidated Laws of the State of New York.
Updated: 8/2/2005 3:11 PM by Lynda Rudder Page 5
Resolution 2005-471 Board Meeting of August 2, 2005
EXHIBIT "A"
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED AUGUST 2, 2005, AUTHORIZING THE
CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN
SAID TOWN, STATING THE ESTIMATED MAXIMUM COST
THEREOF IS $2,600,000, APPROPRIATING SAID AMOUNT
THEREFOR, AND AUTHORIZING THE ISSUANCE OF
$2,600,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID
APPROPRIATION.
Object or purpose: to construct a new Town animal shelter on the site
of the existing animal shelter located at 269 Peconic
Lane, in the Town of Southold, including
demolition of the existing shelter, purchase of the
original furnishings equipment, machinery and
apparatus required and grading and improving the
site
Amount of obligations
to be issued: $2,600,000
Period of probable
usefulness: fifteen (15)years
A complete copy of the bond resolution summarized above shall be available for public inspection
during normal business hours at the office of the Town Clerk, at the Town Hall,53095 Main Street,
Southold, New York.
Dated: August 2, 2005
Southold, New York
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [5 TO 11
MOVER: John M. Romanelli, Councilman
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
NAYS: John M. Romanelli
Updated: 8/2/2005 3:11 PM by Lynda Rudder Page 6
1'fl RESOLUTION 2005-472
w ADOPTED DOC ID: 1038 A
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-472 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 2, 2005:
RESOLVED that the Town Board of the Town of Southold hereby amends resolution #457,
adopted at the July 19,2005 regular Town Board meeting to read as follows:
RESOLVED that the Town Board of the Town of Southold hereby releases Michael DeVito
from the position of temporary Cook at the Nutrition Center and be it further
RESOLVED that the Town Board hereby appoints Michael J. DeVito to the position of full time
cook at the Southold Town Human Resource Center, effective July 20, 2005, at a salary of
$28,756.89 per annum.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-473
ADOPTED DOC ID: 1039
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-473 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 2, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to advertise for new computer servers for Town Hall.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-474
ADOPTED DOC ID: 1040
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-474 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 2, 2005:
RESOLVED that the Town Board of the Town of Southold hereby accepts the letter of
resignation from Public Safety Dispatcher Karen F. Harney, effective Tuesday, August 9,
2005.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-475
ADOPTED DOC ID: 1041
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-475 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 2, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to advertise for a School Crossing Guards at the Mattituck High School, Pike
and Wickham crossing and for the East Cutchogue School crossing.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-476
ADOPTED DOC ID: 1042
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-476 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 2, 2005:
RESOLVED that the Town Board of the Town of Southold hereby appoints Colin Volinski to
the position of Student Intern I in the Southold Town Clerk Records Management office, at
a rate of$10.54 per hour, effective August 3, 2005
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-477
ADOPTED DOC ID: 1043
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-477 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 2, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes Town Clerk
Elizabeth Neville and Deputy Town Clerk Linda Cooper to attend the New York State
Archives "Micrographics as a Records Management Tool" workshop on August 3, 2005 at
Hauppauge, New York and necessary expenses for travel be a legal charge to the Town Clerk
2005 budget.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Daniel C. Ross, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-478
ADOPTED DOC ID: 1044
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-478 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 2, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 Solid
Waste District budget, as follows:
To:
Appropriations
SR.8160.4.100.400 Welding Supplies $ 100.00
SR.8160.4.100.550 Maint/Supply Komatsu Payloader $ 1,400.00
SR.8160.4.100.580 Maint/Supply Ford Tractor $ 500.00
SR 8160.4.100.596 Maint/Supply CBI Grinder $ 2,300.00
SR.8160.4.100.610 Maint/Supply Forklift $ 1,000.00
SR.8160.4.100.650 Town Garbage Bags $ 6,000.00
SR.8160.4.100.800 Maint/Facilities & Grounds $ 1,000.00
SR.8160.4.400.820 Plastic Recycling $ 2,000.00
SR.8160.4.600.500 Freight/Express Mail $ 100.00
From•
Appropriations
SR.8160.4.100.607 Encapsulator Maintenance $ 1,400.00
SR.8160.4.100.660 Paper Leaf Bags $ 6,000.00
SR.8160.4.500.150 Groundwater Monitoring $ 7,000.00
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-479
ADOPTED DOC ID: 1045
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-479 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 2, 2005:
RESOLVED that the Town Board of the Town of Southold hereby rescinds Resolution No.
446 & 447 of 2005 adopted at their regular meeting dated July 19, 2005.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-480
ADOPTED DOC ID: 1047
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-480 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 2, 2005:
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of JB's
Asphalt Sealcoatin2 Inc. in the amount of$28,000, for the reconstruction and resurfacing of
two tennis courts on Fishers Island, as per the plans and specifications prepared by James
Richter, R.A., Southold Town Engineering Department, subject to the approval of the Town
Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Daniel C. Ross, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-481
ADOPTED DOC ID: 1046
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-481 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 2, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute an Agreement between the Town of Southold and
JB's Asphalt Sealcoatin2 Inc. in the amount of$28,000, for the reconstruction and resurfacing
of two tennis courts on Fishers Island, as per the plans and specifications prepared by James
Richter, R.A., Southold Town Engineering Department, subject to the approval of the Town
Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:Daniel C. Ross, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-482
ADOPTED DOC ID: 1048
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-482 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 2, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute a grant acceptance form to the State Education
Department New York State Archives for a 2005-06 Local Government Records
Management Improvement Fund Grant in the amount of$48,347.00 awarded to Town
Clerk/RMO Elizabeth Neville for a Microfilming Project.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-483
ADOPTED DOC ID: 1049
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-483 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 2, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Town Clerk Elizabeth Neville to advertise for a temporary clerk-typist in the Justice Court
Office.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-484
ADOPTED DOC ID: 1050
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-484 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 2, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General
Fund, Whole Town budget, as follows:
TO:
A.3130.4.400.800 Bay Constable, C.E.
Fishers Island Dockage $3600.00
FROM:
A.3130.1.300.100 Seasonal Employees $3600.00
Regular Earnings
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:John M. Romanelli, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-485
ADOPTED DOC ID: 1051
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-485 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 2, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute a First Supplemental Agreement to the original
Agreement dated August 19, 2003, between the State of Connecticut, Town of Southold,
and the Fishers Island Ferry District, for the construction, inspection and maintenance
required in conjunction with the New London Ferry Terminal expansion for the Fishers Island
Ferry District utilizing Federal funds from the Ferry Boat Discretionary Program, subject to the
approval of the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-486
ADOPTED DOC ID: 1052
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-486 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 2, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Planning Board to advertise for the position of Town Planning Director in the Southold
Town Planning Department on the American Planning Association's Job Mart website.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [5 TO 11
MOVER: John M. Romanelli, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans
NAYS: Joshua Y. Horton
1'fl RESOLUTION 2005-487
ADOPTED DOC ID: 1053
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-487 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 2, 2005:
WHEREAS, there has been presented to the Town Board of the Town of Southold,
Suffolk County, New York, on the 2nd day of August , 2005 a Local Law entitled "A
Local Law in relation to Amendments to the Preservation of Historic Landmarks
Law"; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on
the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New
York, on August 16, 2005 at 5:00 p.m. at which time all interested persons will be given
an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to the
Preservation of Historic Landmarks Law"reads as follows:
LOCAL LAW NO. 2005
A Local Law in relation to Amendments to the Preservation of Historic Landmarks
Law.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
L Purpose. In order to provide for greater community representation on the
Historic Preservation Commission, and to foster the development of appropriate
committees and the division of labor, it is necessary to empower the Town Board of the
Town of Southold to enlarge the membership of the Commission from five (5) to seven
(7) members.
II. Code Amendment.
§ 56-4. Powers and Duties of the Historic Preservation Commission.
Resolution 2005-487 Board Meeting of August 2, 2005
A. There is hereby created a commission to be known as the Town of Southold Historic
Preservation Commission. The Historic Preservation Commission shall consist of no fewer than
five (5)members and no greater than seven (7) members, to be appointed by the Town Board, to
the extent available in the community, as follows:
1. At least one member shall be an architect experienced in working with historic
buildings;
2. At least one member shall have demonstrated significant interest in and
commitment to the field of historic preservation; and
3. All members shall have a known interest in historic preservation and architectural
development within the Town of Southold.
II. Severability.
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, the judgment shall not affect the
validity of this law as a whole or any part thereof other than the part so decided to be
unconstitutional or invalid.
III. Effective Date.
This Local Law shall be effective immediately upon its filing in the Office of the
Secretary of State.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
Updated: 8/2/2005 2:03 PM by Lynda Rudder Page 2
1'fl RESOLUTION 2005-488
ADOPTED DOC ID: 1054
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-488 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 2, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Town Clerk Elizabeth Neville to advertise for a part-time clerk-typist in the Trustees Office,
not to exceed 17 1/2 hours per week.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [5 TO 11
MOVER: Daniel C. Ross, Councilman
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
NAYS: John M. Romanelli
1'fl RESOLUTION 2005-489
ADOPTED DOC ID: 1055
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-489 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 2, 2005:
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York on the 12th day of July, 2005, a Local Law entitled "A Local Law in
Relation to the Architectural Review Committee", and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were given an opportunity to be heard, now
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local
Law:
LOCAL LAW NO. 12 - 2005
A Local Law entitled, "A Local Law in Relation to the Architectural Review Committee".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
L Purpose- The purpose of this Local Law is to require that all residential site plan applications
be referred to the Architectural Review Committee for their recommendations. Further, this
Local Law will eliminate the requirement that members of the committee be appointed from each
hamlet, and require that members be appointed from the Town of Southold at large. This Local
Law creates the position of Fishers Island liaison to the committee, to assist with Fishers Island
matters. These changes in the composition of the committee are intended to enable the
committee to function more effectively.
II. Code Amendment
§ 100-258. Architectural Review Committee.
A. The Architectural Review Committee shall consist of fke nine members appointed by the
Town Board to serve at the pleasure of the Board without compensation. if pessible,the
Two members of
the committee shall be architects or landscape architects, one member shall be from the
Resolution 2005-489 Board Meeting of August 2, 2005
La-ndmafk Historic Preservation Commission, and the remaining members shall be appointed
from the Town at large. In addition, there shall be a Fishers Island resident appointed as a liaison
to the committee to assist with Fishers Island applications. and 10,,,o,,,beFs shall be .prom,*a
f+ofn the haffilets of the T&A%. The hamlet membeFs shall vafy and shail sit only 0+1 the site plans-
A4ieh a-Fe pFoposed in their-hamlet. The hamlet members shall be f+ofn the f6liewing afeas. t-wo
20
B. The term of office of the Architect and La-ndmafk Historic Preservation Commission
members of the Committee shall be three years, provided that those members first appointed
shall be appointed for one-, two- and three-year terms, respectively. The hamle at large
members shall be appointed for two-year terms, with the first appointments to be appointed for a
one- and two-year term, respectively.
§ 100-257. Architectural review standards.
Site plans, including Residential Site Plans, shall be reviewed for conformance with the
following criteria:
§ 100-259.1. Standards for residential site plans.
B. SEQRA Review. The Planning Board shall comply with the provisions of the New York State
Environmental Quality Review Act(SEQRA), Article 8 of the Environmental Conservation
Law, 6 NYCRR Part 617.
C. Within ten(10) days after completion of the SEQRA review, the Planning Board shall
forward the application to the Architectural Review Committee for review. The Architectural
Review Committee shall make a written recommendation to the Planning Board on the site plan
within ten(10) business days of receipt of the referral. If the Committee fails to make a
recommendation within this time period, the project shall proceed to the Planning Board for
consideration without Committee view.
B-.D. Preliminary hearing requirement. Prior to and in addition to the public hearing required
by § 100-254H, the Planning Board shall hold a separate preliminary hearing on the application
with notice provided pursuant to Chapter 58.
E.E. Affordable housing requirement. Every new residential site plan involving the creation of
five or more dwelling units shall comply with the requirements of§ A106-11B(2)(c) of the Code
of the Town of Southold, Subdivision of Land, pertaining to the provision of affordable housing.
The requirements applicable to lots within subdivision in that subsection shall apply equally to
dwelling units in affected residential site plans.
D.F. Park and recreation requirement. The provisions of§ A106-60 of the Code of the Town
of Southold, Subdivision of Land, pertaining to the reservation of parkland in subdivisions, shall
apply equally to residential site plans approved under this chapter, except the fee per lot therein
shall herein be applicable to each dwelling unit.
E—G. Performance bond requirement. The provisions of Article IX, Bonds and Other Security,
and Article X, Required Public Improvements; Inspections; Fees, of Chapter A106, Subdivision
Updated: 8/9/2005 2:29 PM by Lynda Rudder Page 2
Resolution 2005-489 Board Meeting of August 2, 2005
of Land, of the Code of the Town of Southold, shall apply equally to residential site plans
approved under this chapter. Pursuant to Municipal Home Rule Law § 10, § 100-259.113, C and
D herein supersede and amend New York State Town Law § 274-a regarding site plan review to
the extent that the Planning Board is empowered to impose affordable housing, park and
recreation and performance bond requirements in the residential site plan review process.
E. H. Phased development. The Planning Board shall permit the phased development of
residential properties that meet all other applicable standards, but shall condition the approval of
the development of any permitted phase upon the maintenance of the undeveloped phases in their
undeveloped condition, and shall prohibit all clearing and site preparation on such undeveloped
phases until such time as development is permitted.
G.I. Planning Board authority to vary requirements for setbacks, building length and
separation and courts.
III. Severability. If any section or subsection, paragraph, clause, phrase or provision of this law
shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any
judgment made thereby shall not affect the validity of this law as a whole or any part thereof
other than the part or provision so adjudged to be invalid or unconstitutional.
IV. This Local Law shall take effect immediately upon filing with the Secretary of State.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
Updated: 8/9/2005 2:29 PM by Lynda Rudder Page 3
1'fl RESOLUTION 2005-490
ADOPTED DOC ID: 1057
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-490 WAS
ADOPTED AT THE SPECIAL MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 10, 2005:
RESOLVED that the Town Board of the Town of Southold hereby releases Rose Allen from
her position as a 2005 still water lifeguard, effective immediately.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-491
ADOPTED DOC ID: 1056
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-491 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 16, 2005:
WHEREAS, Gusmar Realty Corporation has made application to the Town Board of the Town
of Southold to dedicate certain roads in East Marion, New York, to be known as SUMMIT
LANE, MARINA LANE, and GUS DRIVE, and also RECHARGE BASIN and DRAINAGE
EASEMENT, as shown and designated on the subdivision maps entitled Map of Summit Estates,
Section One, filed in the Office of the Clerk of the County of Suffolk on November 4, 1993 as
Map No. 9426, Map of Summit Estates, Section Two, filed in the Office of the Clerk of the
County of Suffolk on May 21, 2002 as Map No. 10768, and Map of Summit Estates, Section
Three, filed in the Office of the Clerk of the County of Suffolk on May 21, 2002 as Map No.
10769, together with the release executed by the owner thereof; and
WHEREAS, the Southold Town Superintendent of Highways has inspected the said highways,
recharge basin and drainage easement and has advised the Town Board that said proposed
highways and land complies in all respects with the specifications for the dedication of highways
and drainage in the Town of Southold; now therefore, be it
RESOLVED, that in accordance with Section 171 of the Highway Law of the State of New
York, consent be, and the same hereby is, given to the Superintendent of Highways to make
an order laving out the aforesaid hi2hways, to consist of lands described in said application
as shown on certain maps attached to said application; and be it
FURTHER RESOLVED, that the Town Clerk be, and she hereby is, authorized and
directed to forthwith cause the dedication, release and deed to be recorded in the Office of
the Clerk of the County of Suffolk, New York.
Denis Noncarrow
Southold Town Clerk
Resolution 2005-491 Board Meeting of August 16, 2005
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
Updated: 8/12/2005 11:01 AM by Lynda Rudder Page 2
1'fl RESOLUTION 2005-492
ADOPTED DOC ID: 1058
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-492 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 16, 2005:
RESOLVED that the Town Board of the Town of Southold hereby declares the following
equipment to be surplus equipment:
Computer Asset No.: = 2464 Class: = 044
Computer Asset No.: = 2452 Class: = 044
Computer Asset No.: = 2449 Class: = 044
Computer Asset No.: = 2453 Class: = 044
Computer Asset No.: = 2451 Class: = 044
Computer Asset No.: = 2458 Class: = 044
Computer Asset No.: = 2459 Class: = 044
Computer Asset No.: = 2455 Class: = 044
Computer Asset No.: = 2454 Class: = 044
Computer Asset No.: = 2463 Class: = 044
Computer Asset No.: = 2461 Class: = 044
Computer Asset No.: = 2457 Class: = 044
Computer Asset No.: = 2460 Class: = 044
Computer Asset No.: = 2466 Class: = 044
Computer Asset No.: = 2462 Class: = 044
Computer Asset No.: = 2467 Class: = 044
Computer Asset No.: = 2456 Class: = 044
Computer Asset No.: = 2465 Class: = 044
Computer Asset No.: = 2311 Class: = 044
Computer Asset No.: = 2338 Class: = 044
Computer Asset No.: = 2385 Class: = 044
Computer Asset No.: = 2384 Class: = 044
Computer Asset No.: = 2387 Class: = 044
Computer Asset No.: = 2386 Class: = 044
Computer Asset No.: = 2383 Class: = 044
Computer Asset No.: = 2382 Class: = 044
Computer Asset No.: = 2337 Class: = 044
Computer Asset No.: = 2341 Class: = 044
Computer Asset No.: = 2339 Class: = 044
Computer Asset No.: = 2340 Class: = 044
Computer Asset No.: = 2487 Class: = 044
Computer Asset No.: = 2532 Class: = 044
Computer Asset No.: = 2501 Class: = 044
Computer Asset No.: = 2535 Class: = 044
Computer Asset No.: = 2281 Class: = 044
Resolution 2005-492 Board Meeting of August 16, 2005
Computer Asset No.: = 2282 Class: = 044
Printer Asset No.: = 1651 Class: = 046
Printer Asset No.: = 1651 Class: = 046
Printer Asset No.: = 1614 Class: = 046
Printer Asset No.: = 1708 Class: = 046
Printer Asset No.: = 2504 Class: = 046
Scanner Asset No.: = 2091 Class: = 040
Be it further RESOLVED that the Town Board authorizes and directs the Town Clerk to
advertise for the sale of same.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
Updated: 8/11/2005 3:08 PM by Lynda Rudder Page 2
1'fl RESOLUTION 2005-493
ADOPTED DOC ID: 1059
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-493 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 16, 2005:
RESOLVED that the Town Board of the Town of Southold hereby accepts the letter of
resignation of Robert J. Harney from his position as a Public Safety Dispatcher for the
Southold Town Police Department, effective Wednesday, August 31, 2005.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-494
ADOPTED DOC ID: 1060
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-494 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 16, 2005:
RESOLVED that the Town Board of the Town of Southold authorizes and directs
Supervisor Joshua Y. Horton to execute an agreement with the following
individuals for the fall 2005 recreation programs, 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 2005 instructor line A7020.4.500.420.
Martine Abitbol (French Cooking)................................................... $25/hour
Antoinette Beck-Witt(drawing class).............................................. $25/hour
Sara Bloom (memoir writing)........................................................... $25/hour
Thomas Boucher (guitar)................................................................. $30/hour
Eugenia Cherouski (folk dancing)................................................... $25/hour
Custer Institute (stargazing)............................................................. $45/person
Shirley Darling (tennis)................................................................... $30/class
Jules DeVito (Hula Dance).............................................................. $25/hour
Martha Eagle (Aerobics).................................................................. $30/hour
East End Insurance Services (Defensive Driving)............................ $30/person
Susan Fitzgerald (sewing class)..................................................... $25/hour
Mike Furst (beginner computer)....................................................... $25/hour
Dan Gebbia (dog obedience).......................................................... $55/dog
Carol Giordano (Baton)................................................................... $25/class
Dave Haurus (golf lessons)........................................................... $50/person
Hidden Lake Farms (Horseback Riding)......................................... $230/person
Rosemary Martilotta(hatha yoga)....................................... $55/class
Susan Merrie (frame drumming)..................................................... $25/hour
Jim Mikelbank (youth basketball)....................................... $25/hour
Mark Parson (golf lessons)........................................................... $50/person
Theresa Pressler (youth programs)................................................ $25/hour
Riverside Gymnastics (youth gymnastics)..................................... $60/person
Laurie Short(aerobics classes)......................................................... $25/hour
Steve Smith(weight training)........................................................... $25/hour
Touch Dancing Studios (ballroom)................................................... $48/person
US Coast Guard Auxiliary Flotilla 18-8 (GPS).............................. $35/person
Garance Werthmuller (Monoprinting).............................................. $25/hour
Denis Noncarrow
Resolution 2005-494 Board Meeting of August 16, 2005
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
Updated: 8/12/2005 10:37 AM by Lynda Rudder Page 2
1'fl RESOLUTION 2005-495
ADOPTED DOC ID: 1061
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-495 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 16, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the GF-WT
Juvenile Aide Bureau 2005 budget, as follows:
TO:
A.3157.1.100.300 JAB, P.S., F-T Employees
Vacation Earnings $83,614.82
A.3157.1.100.400 JAB, P.S., F-T Employees
Sick Earnings $87,103.48
FROM:
A.3120.1.100.300 Police, P.S., F-T Employees
Vacation Earnings $45,000.00
A.3120.1.100.400 Police, P.S., F-T Employees
Sick Earnings $65,000.00
A.3120.1.600.500 Police, P.S., Misc.
Retirement Reserve $60,718.30
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-496
ADOPTED DOC ID: 1062
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-496 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 16, 2005:
WHEREAS, Suffolk County Legislators Michael Caracciolo and Jay Schneiderman sponsored a
law entitled "A Charter Law to Provide for Fair and Equitable Distribution of Public Safety Sales
and Compensating Use Tax Revenues" (Resolution No. 1647 of 2005); and
WHEREAS, numerous public hearings were held before the Budget and Finance Committee of
the Suffolk County Legislature with testimony provided by numerous East End Town
Supervisors and Village Mayors; and
WHEREAS, the Suffolk County Legislature, at its meeting held on August 9, 2005, adopted the
above-referenced legislation, which will now provide for the fair and equitable distribution of
public safety sales and compensating use tax revenues to those Towns and Villages not utilizing
the services of the Suffolk County Police Department, namely, all of the East End Towns and
Villages; and
NOW, THEREFORE BE IT RESOLVED that the Town Board of the Town of Southold hereby
requests that the Suffolk County Executive approve the above-cited legislation; and be it
FURTHER RESOLVED that the Town Clerk is directed to forward a copy of this Resolution
to Suffolk County Executive Steve Levy and the members of the Suffolk County
Legislature.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-497
ADOPTED DOC ID: 1064
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-497 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 16, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund,
Whole Town 2005 budget as follows:
To:
A.1010.4.100.125 Town Board C.E.
Code Updates & Law Books $15,000.00
From•
A.9901.9.000.300 Transfers to Other Funds
Transfers to Risk Retention Fund $15,000.00
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-498
ADOPTED DOC ID: 1063
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-498 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 16, 2005:
WHEREAS, East of Eden, LLC has made application to the Town Board of the Town of
Southold to dedicate certain roads in Greenport, New York, to be known as SOUND DRIVE,
INLET POND ROAD, ROCKCOVE LANE, CAIOLA COURT and also RECHARGE BASIN,
as shown and designated on the subdivision maps entitled Map of Rockcove Estates, filed in the
Office of the Clerk of the County of Suffolk on June 11, 2001, as Map No. 10637, together with
the release executed by the owner thereof; and
WHEREAS, the Southold Town Superintendent of Highways has inspected the said highways
and recharge basin and has advised the Town Board that said proposed highways and land
complies in all respects with the specifications for the dedication of highways and drainage in the
Town of Southold; now therefore, be it
RESOLVED that in accordance with Section 171 of the Highway Law of the State of New
York, consent be, and the same hereby is, liven to the Superintendent of Highways to make
an order laving out the aforesaid hi2hways, to consist of lands described in said application
as shown on certain maps attached to said application; and be it FURTHER
RESOLVED that the Town Clerk be, and she hereby is, authorized and directed to forthwith
cause the dedication, release and deed to be recorded in the Office of the Clerk of the
County of Suffolk, New York.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-499
ADOPTED DOC ID: 1066
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-499 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 16, 2005:
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of
Peuylee Dzenkowski from the position of full-time temporary Cook at the Human Resource
Center effective August 26, 2005.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Daniel C. Ross, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-500
ADOPTED DOC ID: 1067
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-500 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 16, 2005:
RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2005-
476, adopted at the August 2, 2005 regular Town Board meeting to read as follows:
RESOLVED that the Town Board of the Town of Southold hereby appoints Colin Volinski to
the position of Student Intern I in the Southold Town Clerk Records Management office, at a rate
of e'er$10.49 per hour, effective August 3, 2005
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-501
ADOPTED DOC ID: 1068
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-501 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 16, 2005:
RESOLVED that the Town Board of the Town of Southold hereby appoints Jeffery Standish
to the position of Deputy Director of Public Works, effective August 17, 2005, at a salary of
$6,180.00 per annum.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-502
ADOPTED DOC ID: 1069
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-502 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 16, 2005:
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town
Attorney Patricia A. Finnegan to attend the Joint Fall Meeting of the Municipal and
Environmental Law sections of the New York State Bar Association in Bolton Landing, NY,
September 23-25, 2005. All expenses for registration, travel and lodging to be a legal charge to
the 2005 Town Attorney budget(meetings and seminars).
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-503
ADOPTED DOC ID: 1070
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-503 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 16, 2005:
RESOLVED that the Town Board Town of Southold hereby grants permission to Barbara
Rudder and Janice Foglia to attend a mandatory meeting in to Hauppauge at the Suffolk
County Department of Civil Service office on August 24, 2005. All expenses to be charged to
the Accounting Departments seminar line.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-504
ADOPTED DOC ID: 1071
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-504 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 16, 2005:
RESOLVED that the Town Board of the Town of Southold hereby determines that the
proposed Local Law entitled "A Local Law in Relation to Amendments to the Preservation
of Historic Landmarks Law" is classified as a Type 11 action pursuant to SEQRA rules and
regulations, and is not subject to further review under SEQRA.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-505
ADOPTED DOC ID: 1072
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-505 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 16, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute an Agreement between the Town of Southold and
the NYS Department of State in connection with the Implementation of the Town of
Southold's Local Water Revitalization Program in the amount of$150,000.00 all in accordance
with the approval of the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Daniel C. Ross, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-506
ADOPTED DOC ID: 1073
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-506 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 16, 2005:
RESOLUTION OF THE TOWN OF SOUTHOLD,NEW YORK,
ADOPTED AUGUST 16, 2005, REPEALING, RESCINDING AND
REVOKING THE SERIAL BOND RESOLUTION AUTHORIZING
THE CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN
SAID TOWN AT THE ESTIMATED MAXIMUM COST OF
$2,600,000, ADOPTED BY THE TOWN BOARD OF SAID TOWN ON
AUGUST 2, 2005.
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF
SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-
thirds of all the members of said Town Board) AS FOLLOWS:
The Town of Southold,in the County of Suffolk, New York(herein called the
"Town"), hereby repeals, rescinds and revokes the serial bond resolution entitled:
"BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED AUGUST 2, 2005, AUTHORIZING THE
CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN
SAID TOWN, STATING THE ESTIMATED MAXIMUM COST
THEREOF IS $2,600,000, APPROPRIATING SAID AMOUNT
THEREFOR, AND AUTHORIZING THE ISSUANCE OF $2,600,000
SERIAL BONDS OF SAID TOWN TO FINANCE SAID
APPROPRIATION."
This resolution shall take place immediately.
Denis Noncarrow
Southold Town Clerk
Resolution 2005-506 Board Meeting of August 16, 2005
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
Updated: 8/16/2005 8:24 AM by Lynda Rudder Page 2
1'fl RESOLUTION 2005-507
ADOPTED DOC ID: 1074
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-507 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 16, 2005:
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK,
ADOPTED AUGUST 16, 2005, AUTHORIZING THE
CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN SAID
TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS
$2,600,000, APPROPRIATING SAID AMOUNT THEREFOR AND
AUTHORIZING THE ISSUANCE OF $2,600,000 SERIAL BONDS OF
SAID TOWN TO FINANCE SAID APPROPRIATION
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF
SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-
thirds of all the members of said Town Board) AS FOLLOWS:
The Town of Southold, in the County of Suffolk, New York(herein called the
"Town"), is hereby authorized to construct a new Town animal shelter on the site of the existing
animal shelter located at 269 Peconic Lane, in the Town, including demolition of the existing
animal shelter, purchase of the original furnishings, apparatus
equipment, machinery and equipment, machinery and
required for the purpose for which said new shelter is to be used and grading and improving the
site. The estimated maximum cost of said specific object or purpose, including preliminary costs
and costs incidental thereto and to the financing thereof, is $2,600,000 and the said amount is
hereby appropriated therefor. The plan of financing includes the issuance of not to exceed
$2,600,000 serial bonds of the Town to finance said appropriation and the levy and collection of
taxes upon all the taxable real property in the Town to pay the principal of said bonds and the
interest thereon as the same shall become due and payable.
Serial bonds of the Town in the principal amount of not to exceed $2,600,000 are
hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting
Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to
finance said appropriation.
The following additional matters are hereby determined and declared:
Resolution 2005-507 Board Meeting of August 16, 2005
(a) Said new shelter will be of Class "B" construction as defined by Section
11.00 a. 1 L(b) of the Law and the period of probable usefulness applicable thereto for which said
bonds are authorized to be issued, within the limitations of said Section 11.00 a. 11(b) of the Law,
is fifteen(15)years.
(b) The proceeds of the bonds herein authorized, and any bond anticipation
notes issued in anticipation of said bonds, may be applied to reimburse the Town for expenditures
made after the effective date of this resolution for the purpose for which said bonds are authorized.
The foregoing statement of intent with respect to reimbursement is made in conformity with
Treasury Regulation Section 1.150-2 of the United States Treasury Department.
(c) The Town Board of the Town, acting in the role of Lead Agency pursuant
to the provisions of the New York State Environmental Quality Review Act, constituting Article
8 of the Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617 ("SEQRA")
has heretofore determined that the project described herein is an Unlisted Action pursuant to
SEQRA. The Town Board has reviewed a Full Environmental Assessment Form and has
determined that the project will not result in any significant adverse environmental impact and a
negative declaration has been adopted.
(d) The proposed maturity of the bonds authorized by this resolution will
exceed five (5)years.
Each of the bonds authorized by this resolution, and any bond anticipation
notes issued in anticipation of the sale of said bonds, shall contain the recital of validity as
prescribed by Section 52.00 of the Law and said bonds, and any notes issued in anticipation
of said bonds, shall be general obligations of the Town, payable as to both principal and
interest by general tax upon all the taxable real property within the Town without
limitation of rate or amount. The faith and credit of the Town are hereby irrevocably
pledged to the punctual payment of the principal of and interest on said bonds, and any
notes issued in anticipation of the sale of said bonds, and provision shall be made annually
in the budget of the Town by appropriation for(a) the amortization and redemption of the
bonds and any notes in anticipation thereof to mature in such year and (b) the payment of
interest to be due and payable in such year.
Subiect to the provisions of this resolution and of the Law and pursuant to
the provisions of Section 21.00 relative to the authorization of bonds with substantially
level or declining annual debt service, Section 30.00 relative to the authorization of the
Updated: 8/16/2005 8:42 AM by Lynda Rudder Page 2
Resolution 2005-507 Board Meeting of August 16, 2005
issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 of the
Law, the powers and duties of the Town Board relative to authorizing bond anticipation
notes and prescribing the terms, form and contents and as to the sale and issuance of the
bonds herein authorized, and of any bond anticipation notes issued in anticipation of said
bonds, and the renewals of said bond anticipation notes, are hereby delegated to the
Supervisor, the chief fiscal officer of the Town.
The validity of the bonds authorized by this resolution, and of any notes
issued in anticipation of the sale of said bonds, may be contested only if:
such obligations are authorized for an object or purpose for which the Town is not
authorized to expend money, or
the provisions of law which should be complied with at the date of the publication
of such resolution, or a summary thereof, are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after
the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
This bond resolution is subiect to a permissive referendum and the Town
Clerk is hereby authorized and directed,within ten (10) days after the adoption of this
resolution, to cause to be published, in full, in the "THE TRAVELER WATCHMAN," a
newspaper published in Southold, New York and hereby designated the official newspaper
for such publication and posted on the sign board of the Town maintained pursuant to the
Town Law, a Notice in substantially the following form:
Updated: 8/16/2005 8:42 AM by Lynda Rudder Page 3
Resolution 2005-507 Board Meeting of August 16, 2005
TOWN OF SOUTHOLD, NEW YORK
PLEASE TAKE NOTICE that on August 16, 2005, the Town Board of the Town
of Southold, in the County of Suffolk,New York, adopted a bond resolution entitled:
"BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED AUGUST 16, 2005, AUTHORIZING THE
CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN SAID
TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS
$2,600,000, APPROPRIATING SAID AMOUNT THEREFOR AND
AUTHORIZING THE ISSUANCE OF $2,600,000 SERIAL BONDS OF
SAID TOWN TO FINANCE SAID APPROPRIATION"
an abstract of which bond resolution concisely stating the purpose and effect thereof, being as
follows:
FIRST: AUTHORIZING the Town of Southold("Town")to construct a new Town
animal shelter on the site of the existing animal shelter located at 269 Peconic Lane, in Town,
including demolition of the existing shelter, purchase of the original furnishings equipment,
machinery and apparatus required and grading and improving the site; STATING the estimated
maximum cost thereof, including preliminary costs and costs incidental thereto and the financing
thereof, is $2,600,000; APPROPRIATING said amount therefor and STATING the plan of
financing includes the issuance of not to exceed $2,600,000 serial bonds of the Town to finance
said appropriation and the levy and collection of taxes on all the taxable real property in the Town
to pay the principal of said bonds and the interest thereon as the same shall become due and
payable;
SECOND: AUTHORIZING the issuance of not to exceed $2,600,000 serial bonds
of the Town pursuant to the Local Finance Law of the State of New York (the "Law") to finance
said appropriation;
THIRD: DETERMINING and STATING the period of probable usefulness
applicable to said shelter, the purpose for which said serial bonds are authorized to be issued, is
fifteen(15)years;the proceeds of said bonds and any bond anticipation notes issued in anticipation
thereof may be applied to reimburse the Town for expenditures made after the effective date of
this bond resolution for the purpose for which said bonds are authorized; the Town Board of the
Town has heretofore determined that the project is an Unlisted action pursuant to SEQAA; and the
proposed maturity of said $2,600,000 serial bonds will exceed five (5)years;
Updated: 8/16/2005 8:42 AM by Lynda Rudder Page 4
Resolution 2005-507 Board Meeting of August 16, 2005
FOURTH: DETERMINING that said bonds and any bond anticipation notes
issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be
general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town;
FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance
of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals
thereof, and
SIXTH: DETERMINING that the bond resolution is subject to a permissive
referendum.
DATED: August 16, 2005
Elizabeth A.Neville
Town Clerk
Updated: 8/16/2005 8:42 AM by Lynda Rudder Page 5
Resolution 2005-507 Board Meeting of August 16, 2005
Section 8. The Town Clerk is hereby authorized and directed to cause said bond
resolution to be published, in summary, in substantially the form set forth in Exhibit"A" attached
hereto and made a part hereof, after said bond resolution shall take effect,in the newspaper referred
to in Section 7 hereof, and hereby designated the official newspaper for said publication, together
with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law,
constituting Chapter 33-a of the Consolidated Laws of the State of New York.
Updated: 8/16/2005 8:42 AM by Lynda Rudder Page 6
Resolution 2005-507 Board Meeting of August 16, 2005
EXHIBIT "A"
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED AUGUST 16, 2005 AUTHORIZING THE
CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN
SAID TOWN, STATING THE ESTIMATED MAXIMUM COST
THEREOF IS $2,600,000, APPROPRIATING SAID AMOUNT
THEREFOR, AND AUTHORIZING THE ISSUANCE OF
$2,600,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID
APPROPRIATION.
Object or purpose: to construct a new Town animal shelter on the site
of the existing animal shelter located at 269 Peconic
Lane, in the Town of Southold, including
demolition of the existing shelter, purchase of the
original furnishings equipment, machinery and
apparatus required and grading and improving the
site
Amount of obligations
to be issued: $2,600,000
Period of probable
usefulness: fifteen (15)years
A complete copy of the bond resolution summarized above shall be available for public inspection
during normal business hours at the office of the Town Clerk, at the Town Hall,53095 Main Street,
Southold, New York.
Dated: August 16, 2005
Southold, New York
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
Updated: 8/16/2005 8:42 AM by Lynda Rudder Page 7
1'fl RESOLUTION 2005-508
ADOPTED DOC ID: 1075
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-508 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 16, 2005:
WHEREAS, the Town Board of the Town of Southold has received a Petition for Annexation
(the "Petition") submitted by KACE LI, LLC; and
WHEREAS, the Board of Trustees of the Village of Greenport has proposed that it serve as lead
agency for the environmental review of the Petition pursuant to SEQRA;
BE IT HEREBY RESOLVED, that the Town Board of the Town of Southold preliminarily
classifies the Petition as an Unlisted Action; and be it further
RESOLVED, that the Town Board of the Town of Southold proposes that the Town of
Southold serve as lead agency for the SEORA review of the Petition, and hereby directs
that the Town Clerk mail a copy of this proposal to the Village of Greenport and all other
interested agencies; and be it further
RESOLVED, that, in the event the Village of Greenport and the Town of Southold are unable to
agree upon the lead agency determination with respect to the Petition, that the Town of Southold
shall submit the issue to the Commissioner of the Department of Environmental
Conservation for resolution pursuant to 017.6(b)(5) of the SEORA Rules and Regulations.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-509
ADOPTED DOC ID: 1076
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-509 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 16, 2005:
RESOLVED, that the Town Board of the Town of Southold hereby accepts the Proposal of
Island Structures En2ineerin2,P.C. in the amount of$50,000 for engineering services to
complete Phase "1-A" of the Orient Causeway Scenic Byways Project; and be it further
RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to sign an Agreement between the Town of Southold and
Island Structures En2ineerin2,P.C. in the amount of$50,000 for engineering services to
complete Phase "1-A" of the Orient Causeway Scenic Byways Project, subject to the approval of
the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-510
ADOPTED DOC ID: 1077
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-510 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 16, 2005:
WHEREAS, there has been presented to the Town Board of the Town of Southold,
Suffolk County, New York, on the 2nd day of August , 2005 a Local Law entitled "A
Local Law in relation to Amendments to the Preservation of Historic Landmarks Law";
and
WHEREAS the Town Board of the Town of Southold held a public hearing on the
aforesaid Local Law at which time all interested persons were given an opportunity to be
heard, now therefor be it
RESOLVED that the Town Board of the Town of Southold hereby enacts the Local
Law entitled, "A Local Law in relation to Amendments to the Preservation of
Historic Landmarks Law" which reads as follows:
LOCAL LAW NO. 13 2005
A Local Law in relation to Amendments to the Preservation of Historic Landmarks
Law.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
L Purpose. In order to provide for greater community representation on the
Historic Preservation Commission, and to foster the development of appropriate
committees and the division of labor, it is necessary to empower the Town Board of the
Town of Southold to enlarge the membership of the Commission from five (5) to seven
(7) members.
II. Code Amendment.
§ 56-4. Powers and Duties of the Historic Preservation Commission.
A. There is hereby created a commission to be known as the Town of Southold Historic
Preservation Commission. The Historic Preservation Commission shall consist of no fewer than
Resolution 2005-510 Board Meeting of August 16, 2005
five (5)members and no greater than seven (7) members, to be appointed by the Town Board, to
the extent available in the community, as follows:
1. At least one member shall be an architect experienced in working with historic
buildings;
2. At least one member shall have demonstrated significant interest in and
commitment to the field of historic preservation; and
3. All members shall have a known interest in historic preservation and architectural
development within the Town of Southold.
II. Severability.
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, the judgment shall not affect the
validity of this law as a whole or any part thereof other than the part so decided to be
unconstitutional or invalid.
III. Effective Date.
This Local Law shall be effective immediately upon its filing in the Office of the
Secretary of State.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Daniel C. Ross, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
Updated: 8/23/2005 11:16 AM by Lynda Rudder Page 2
1'fl RESOLUTION 2005-511
ADOPTED DOC ID: 1079
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-511 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 16, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to advertise for members of the Historic Preservation Commission.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Daniel C. Ross, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-512
ADOPTED DOC ID: 1078
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-512 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 30, 2005:
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of
Charles Wendy from the Police Advisory Committee effective immediately, and hereby
authorizes and directs the Southold Town Clerk to advertise for a member to the Police
Advisory Committee to fill the vacancy.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:William P. Edwards, Councilman
AYES: William P. Edwards, Daniel C. Ross, Thomas H. Wickham, John M. Romanelli
ABSENT: Louisa P. Evans, Joshua Y. Horton
1'fl RESOLUTION 2005-513
ADOPTED DOC ID: 1084
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-513 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 30, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute the Traffic Signal Agreements between the County
of Suffolk and the Town of Southold for the installation and maintenance of traffic signals at
CR 48, Middle Road @ Cox Neck Road, Mattituck, subject to the approval of the Town
Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: William P. Edwards, Daniel C. Ross, Thomas H. Wickham, John M. Romanelli
ABSENT: Louisa P. Evans, Joshua Y. Horton
1'fl RESOLUTION 2005-514
ADOPTED DOC ID: 1085
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-514 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 30, 2005:
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the
Southold Methodist and Presbyterian Churches to use the following Town Roads for the
purpose of holding the annual CROP Walk for Hunter on Sunday, October 23, 2005 from
the hours of 12:00 noon to 4:00 pm: Wells Avenue, Oaklawn Avenue, Pine Neck Road,
North Road to Bavview, North Bavview Road, Cedar Drive,Waterview Drive, Main
Bavview Road, provided they file with the Town Clerk a One Million Dollar Certificate of
Insurance naming the Town Southold as an additional insured and notify Capt. Flatley within ten
(10) days to coordinate traffic control.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:William P. Edwards, Councilman
AYES: William P. Edwards, Daniel C. Ross, Thomas H. Wickham, John M. Romanelli
ABSENT: Louisa P. Evans, Joshua Y. Horton
1'fl RESOLUTION 2005-515
ADOPTED DOC ID: 1086
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-515 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 30, 2005:
RESOLVED that the Town Board of the Town of Southold hereby appoints Timothy F.
Abrams to the position of a Maintenance Mechanic III for the Department of Public Works,
effective September 19, 2005, at a rate of $22.2079 per hour.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:William P. Edwards, Councilman
AYES: William P. Edwards, Daniel C. Ross, Thomas H. Wickham, John M. Romanelli
ABSENT: Louisa P. Evans, Joshua Y. Horton
1'fl RESOLUTION 2005-516
ADOPTED DOC ID: 1087
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-516 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 30, 2005:
RESOLVED that the Town Board of the Town of Southold hereby accepts the letter of intent
to retire of Joyce M. Wilkins from her position of Senior Clerk Typist in the Southold
Town Clerks Office, effective October 1, 2005.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Daniel C. Ross, Councilman
AYES: William P. Edwards, Daniel C. Ross, Thomas H. Wickham, John M. Romanelli
ABSENT: Louisa P. Evans, Joshua Y. Horton
1'fl RESOLUTION 2005-517
w ADOPTED DOC ID: 1088 A
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-517 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 30, 2005:
RESOLVED that the Town Board of the Ton of Southold hereby grants permission to
Building Inspector Gary Fish, Building Inspector George Gillen, Chief Building Inspector
Michael Verity and Site Plan Reviewer Bruno Semon to attend a training seminar on
September 1, 2005. The seminar will be held at Fireman's Pavilion, 555 Irmish Ave.,
Lindenhurst, N.Y. from 8:30 a.m. —4:00 p.m.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: William P. Edwards, Daniel C. Ross, Thomas H. Wickham, John M. Romanelli
ABSENT: Louisa P. Evans, Joshua Y. Horton
1'fl RESOLUTION 2005-518
w ADOPTED DOC ID: 1089 A
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-518 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 30, 2005:
RESOLVED that the Town Board of the Town of Southold hereby grants permission to
Building Inspector Gary Fish Building Inspector George Gillen and Site Plan Reviewer
Bruno Semon to attend a training seminar on November 3, 2005. The seminar will be held at
Fireman's Pavilion, 555 Irmish Ave., Lindenhurst,N.Y. from 8:30 a.m. —4:00 p.m.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:William P. Edwards, Councilman
AYES: William P. Edwards, Daniel C. Ross, Thomas H. Wickham, John M. Romanelli
ABSENT: Louisa P. Evans, Joshua Y. Horton
1'fl RESOLUTION 2005-519
ADOPTED DOC ID: 1090
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-519 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 30, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General
Fund Whole Town, as follows:
FROM:
A.7180.4.100.100 Lifeguard Supplies $400.00
TO:
A7180.4.400.200 Beaches
Contracted Services
Water Testing $300.00
A.7020.4.600.200 Meetings & Seminars $100.00
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: William P. Edwards, Daniel C. Ross, Thomas H. Wickham, John M. Romanelli
ABSENT: Louisa P. Evans, Joshua Y. Horton
1'fl RESOLUTION 2005-520
ADOPTED DOC ID: 1091
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-520 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 30, 2005:
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of
Joanne Johnson from the position of Senior Citizens Aide II at the Human Resource
Center, effective September 7, 2005.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: William P. Edwards, Daniel C. Ross, Thomas H. Wickham, John M. Romanelli
ABSENT: Louisa P. Evans, Joshua Y. Horton
1'fl RESOLUTION 2005-521
ADOPTED DOC ID: 1092
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-521 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 30, 2005:
RESOLVED that the Town Board of the Town of Southold hereby grants a partial refund of
$150.00 to Peter Boeckmann (SCTM #1000-115-4-27) as he has withdrawn an above ground
pool and attached deck from his application to the Southold Town Building Department.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:William P. Edwards, Councilman
AYES: William P. Edwards, Daniel C. Ross, Thomas H. Wickham, John M. Romanelli
ABSENT: Louisa P. Evans, Joshua Y. Horton
1'fl RESOLUTION 2005-522
ADOPTED DOC ID: 1093
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-522 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 30, 2005:
RESOLVED that the Town Board of the Town of Southold hereby appoints Jacob E. Bean to
the position of Seasonal Part time Deckhand for the Fishers Island Ferry District, effective
September 1, 2005 through December 15, 2005, at a rate of $9.00 per hour.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: William P. Edwards, Daniel C. Ross, Thomas H. Wickham, John M. Romanelli
ABSENT: Louisa P. Evans, Joshua Y. Horton
1'fl RESOLUTION 2005-523
ADOPTED DOC ID: 1094
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-523 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 30, 2005:
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of
Denise Heyse from the position of Planner Trainee in the Planning Department, effective
August 26, 2005.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: William P. Edwards, Daniel C. Ross, Thomas H. Wickham, John M. Romanelli
ABSENT: Louisa P. Evans, Joshua Y. Horton
1'fl RESOLUTION 2005-524
ADOPTED DOC ID: 1095
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-524 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 30, 2005:
RESOLVED that the Town Board of the Town of Southold hereby releases Tom Crowley
from his position of part time Minibus Driver and appoints him to the position of full time
minibus driver for the Human Resource Department, effective August 31, 2005, at a rate of
$19,994.68 annually.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:William P. Edwards, Councilman
AYES: William P. Edwards, Daniel C. Ross, Thomas H. Wickham, John M. Romanelli
ABSENT: Louisa P. Evans, Joshua Y. Horton
1'fl RESOLUTION 2005-525
ADOPTED DOC ID: 1096
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-525 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 30, 2005:
RESOLVED that the Town Board of the Town of Southold hereby appoints Mary Morgan to
fill a vacancy on the Board of Commissioners of the Orient-East Marion Park District
pursuant to Town Law Section 215. Ms. Morgan's term of office shall run through December
31, 2005.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: William P. Edwards, Daniel C. Ross, Thomas H. Wickham, John M. Romanelli
ABSENT: Louisa P. Evans, Joshua Y. Horton
1'fl RESOLUTION 2005-526
ADOPTED DOC ID: 1097
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-526 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 30, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to terminate the Agreement between the Town of Southold
and Phone Review regarding the placement and review of all usage services in the special rate
program through the New York State Office of General Services Aggregated
Telecommunications Contract 4PS58752.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:William P. Edwards, Councilman
AYES: William P. Edwards, Daniel C. Ross, Thomas H. Wickham, John M. Romanelli
ABSENT: Louisa P. Evans, Joshua Y. Horton
1'fl RESOLUTION 2005-527
ADOPTED DOC ID: 1098
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-527 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 30, 2005:
WHEREAS, extensive parking along both sides of State Route 25 in the vicinity of the Cross
Sound Ferry terminal in Orient presents a real and major potential handicap to emergency
operations in the event of a major accident in the area of the ferry terminal; and
WHEREAS, extensive parking along both sides of State Route 25 in the vicinity of the Cross
Sound Ferry terminal in Orient presents an extreme and urgent concern for the safety and welfare
of vehicles and pedestrians attempting to traverse the course of Route 25 while so obstructed;
and
WHEREAS, in the event of an emergency at the ferry terminal, emergency vehicles from the
Orient Fire District would find their access to the emergency site obstructed if vehicles were
parked on both sides of State Route 25 anywhere the Orient Fire House and the Cross Sound
Ferry terminal; and
WHEREAS, State Route 25 extends west from the Cross Sound Ferry terminal in Orient past a
Suffolk County Park, a New York State Park, and the Federal Plum Island facility; and
WHEREAS, State Route 25 in this area has been designated as a Scenic Byway by the State of
New York and serves as a New York State Bicycle Route; and
WHEREAS, the existence of these conditions is inconsistent with the Local Waterfront
Revitalization Plan adopted by the Town Board of the Town of Southold;
IT IS HEREBY RESOLVED that the Town Board of the Town of Southold requests that the
New York State Department of Transportation do the following without delay:
Resolution 2005-527 Board Meeting of August 30, 2005
(a) Immediately install "No Parking" signs along both sides of State Route 25 extending
west from the Cross Sound Ferry terminal in Orient past the County, State and
Federal parks and facilities and past the intersection of Ryder Farm Road in Orient as
needed to rectify this extreme and urgent safety concern.
(b) Immediately install "No Parking" signs along the south side of State Route 25
westward from the intersection of Ryder Farm Road in Orient to a point opposite the
Orient Fire House as needed to rectify this extreme and urgent safety concern.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Daniel C. Ross, Councilman
AYES: William P. Edwards, Daniel C. Ross, Thomas H. Wickham, John M. Romanelli
ABSENT: Louisa P. Evans, Joshua Y. Horton
Updated: 9/15/2005 9:49 AM by Lynda Rudder Page 2
1'fl RESOLUTION 2005-528
ADOPTED DOC ID: 1099
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-528 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 30, 2005:
RESOLVED that the Town Board of the Town of Southold hereby retains Frank Isler, Esg. at
the rate of$175.00 per hour to serve as special counsel in connection with Cross Sound
Ferry and its compliance with Town regulations.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:Daniel C. Ross, Councilman
AYES: William P. Edwards, Daniel C. Ross, Thomas H. Wickham, John M. Romanelli
ABSENT: Louisa P. Evans, Joshua Y. Horton
1'fl RESOLUTION 2005-529
ADOPTED DOC ID: 1100
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-529 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 30, 2005:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 30'h day of August, 2005 a Local Law entitled "A Local Law in
relation to Amendments to Uses Within the Hamlet Density Residential District"now,
therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York,
on the 27tb day of September, 2005 at 8:00 p.m. at which time all interested persons will be
given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Uses Within
the Hamlet Density Residential District"reads as follows:
LOCAL LAW NO. 2005
A Local Law entitled, "A Local Law in relation to Amendments to Uses Within the Hamlet
Density Residential District".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose— This amendment is intended to permit a variety of housing types and
arrangements in the Hamlet Density Residential District, and to subject those uses to the recently
enacted residential site plan approval process. This amendment is also intended to avoid the
result of parcels in this district undergoing subdivision, without being subject to the residential
site plan requirements that govern the design, arrangement and community integration of such
parcels, in addition to lot yield, environmental and affordable housing considerations. The
amendment would thus permit the use of more than one single family dwelling on a lot in this
district; more than one two family dwelling per lot; and multiple dwellings, townhouse, row or
attached houses. All such uses would then be subject to residential site plan approval. The
density requirements for any and all of these uses would not be changed, and lot yield in
accordance therewith would be calculated in the residential site plan approval process.
IL Chapter 100 of the Code of the Town of Southold is hereby amended as follows:
Resolution 2005-529 Board Meeting of August 30, 2005
§ 100-42. Use regulations.
In the HD District, no building or premises shall be used and no building or part
of a building shall be erected or altered which is arranged, intended or designed to be used, in
whole or in part, for any use except the following:
A. Permitted uses.
(1) One-family detached dwellings, subject to residential site plan approval for more than
one such structure per lot.
(2) Two-family dwellings, subject to residential site plan approval for more than one such
structure per lot.
(3) Multiple dwellings, townhouses, row or attached dwellings, subject to residential site
plan approval.
(4) Continuing care facility and life care community. [Added 11-22-1996 by L.L. no. 20-
1996]
B. Uses permitted by special exception by the Board of Appeals. The following uses are
permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to
site plan approval by the Planning Board:
W Accessory apartments in single-family residences as set forth in and regulated by §
100-31B(13) of the Agricultural-Conservation District.
Q Bed-and-breakfast uses as set forth in and regulated by § 100-31B(14), without site
plan approval.EN
W Health care facilities. [Added 11-12-1996 by L.L. No. 20-1996]
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Denis Noncarrow
Southold Town Clerk
Updated: 9/2/2005 10:09 AM by Linda Cooper Page 2
Resolution 2005-529 Board Meeting of August 30, 2005
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: William P. Edwards, Daniel C. Ross, Thomas H. Wickham, John M. Romanelli
ABSENT: Louisa P. Evans, Joshua Y. Horton
Updated: 9/2/2005 10:09 AM by Linda Cooper Page 3
1'fl RESOLUTION 2005-530
ADOPTED DOC ID: 1101
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-530 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 30, 2005:
RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town
Clerk to transmit the proposed Local Law entitled "A Local Law in Relation to
Amendments to Uses Within the Hamlet Density Residential District" to the Southold
Town Planning Board and the Suffolk County Department of Planning for their
recommendations and reports.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:William P. Edwards, Councilman
AYES: William P. Edwards, Daniel C. Ross, Thomas H. Wickham, John M. Romanelli
ABSENT: Louisa P. Evans, Joshua Y. Horton
1'fl RESOLUTION 2005-531
ADOPTED DOC ID: 1102
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-531 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 30, 2005:
RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of
Andy Ruroede to repair non-functioning street lights and to train new Department of
Public Works personnel to install and repair street lights, at an hourly rate of$45 per hour,
not to exceed $3,600.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: William P. Edwards, Daniel C. Ross, Thomas H. Wickham, John M. Romanelli
ABSENT: Louisa P. Evans, Joshua Y. Horton
1'fl RESOLUTION 2005-532
ADOPTED DOC ID: 1103
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-532 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 30, 2005:
RESOLVED that the Town Board of the Town of Southold does hereby reduce the Park and
Play2round fee for the Application of the Standard Subdivision of Bertha Pawluczyk from
$7,000 to $5,000 per lot, in accordance with the recommendation of the Planning Board, its
prior approval and in consideration of demonstrated financial hardship.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: William P. Edwards, Daniel C. Ross, Thomas H. Wickham, John M. Romanelli
ABSENT: Louisa P. Evans, Joshua Y. Horton
1'fl RESOLUTION 2005-533
ADOPTED DOC ID: 1104
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-533 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 13, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General
Fund Whole Town budget as follows:
From•
A.3020.1.100.100 Full Time Employees $2,394.00
To:
A.3020.1.200.100 Regular Earnings $2,394.00
From•
A.3020.1.100.200 Overtime Earnings $ 191.35
To:
A.3020.1.100.300 Vacation Earning $ 191.35
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-534
ADOPTED DOC ID: 1107
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-534 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 13, 2005:
RESOLVED that the Town Board of the Town of Southold hereby releases Robert Conway
from his position as Seasonal Bay Constable and appoints him to the position of Part Time
Bay Constable for the Police Department, effective September 15, 2005, at a rate of $15.13
per hour not to exceed 20 hours per week.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-535
ADOPTED DOC ID: 1108
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-535 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 13, 2005:
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Fire
Inspector Bob Fisher, Permits Examiner Pat Conklin, Permits Examiner Damon Rallis and
Chief Building Inspector Michael Verity to attend a training seminar at Fireman's Pavilion,
555 Irmish Ave., Lindenhurst, N.Y. from 8:30 a.m. —4:00 p.m., on November 3, 2005. All
expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2005
Building Department budget(meetings and seminars).
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-536
ADOPTED DOC ID: 1109
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-536 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 13, 2005:
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of
Daniel Williams from the position of Student Intern I in the Town Clerk's Records
Management Department, effective September 1, 2005.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-537
ADOPTED DOC ID: 1110
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-537 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 13, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2005 budget as follows:
From
Appropriations:
A.6772.4.600.100 Programs for the Aging $ 400.00
Miscellaneous
Advertising
A.6772.2.500.100 Programs for the Aging $ 500.00
Other Equipment
Vacuum
A.6772.4.100.125 Programs for the Aging $ 200.00
Supplies and Materials
Kitchen Supplies
To
Appropriations:
A.6772.4.100.110 Programs for the Aging $ 400.00
Supplies and Materials
Program Supplies & Materials
A.6772.4.600.500 Programs for the Aging $ 500.00
Miscellaneous
Seminars and Trainings
A.6772.4.100.100 Programs for the Aging $ 200.00
Supplies and Materials
Office Supplies
Denis Noncarrow
Southold Town Clerk
Resolution 2005-537 Board Meeting of September 13, 2005
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
Updated: 9/13/2005 11:11 AM by Lynda Rudder Page 2
1'fl RESOLUTION 2005-538
ADOPTED DOC ID: 1111
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-538 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 13, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General
Fund Whole Town budget as follows:
From•
A.7520.1.200.200 Historic Preservation Committee
Part Time Employee
Overtime Earnings $1500
A.9901.9.000.300 Transfers to Other Funds
Transfer to Risk Retention Fund 650
To:
A.1920.4.600.600 Municipal Dues
Dues & Subscriptions $150
A.1640.4.400.650 Central Garage
Vehicle Maintenance & Repairs 500
A.7520.1.200.100 Historic Preservation Committee
Part Time Employee
Regular Earnings 1500
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:Daniel C. Ross, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-539
ADOPTED DOC ID: 1112
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-539 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 13, 2005:
RESOLVED that the Town Board of the Town of Southold hereby appoints Debra Doucette to
the position of a Part-time Clerk for the Fishers Island Ferry District, effective August 24,
2005, at a rate of $12.00 per hour.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-540
ADOPTED DOC ID: 1113
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-540 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 13, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to advertise for a part time Senior Citizens Aide II for the Human Resource
Center, not to exceed 17 1/2 hours per week, at a rate of $12.51 per hour. Resumes are due by
September 23, 2005.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-541
ADOPTED DOC ID: 1114
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-541 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 13, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to advertise for to the position of a part time food service worker not to exceed
20 hours per week for the Human Resource Center at a rate of $11.28 per hour. Resumes are
due by September 23, 2005.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-542
ADOPTED DOC ID: 1116
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-542 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 13, 2005:
RESOLVED that the Town Board of the Town of Southold hereby grants a refund of$35.00
to Donna Wexler for a Disapproval Form from the Southold Town Building Department
that was never processed.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-543
ADOPTED DOC ID: 1117
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-543 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 13, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General
Fund Whole Town budget as follows:
From•
A.3120.2.500.350 Trailer& Safety Seats $850.00
To:
A.3020.2.200.700 Communication Equipment $850.00
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-544
ADOPTED DOC ID: 1118
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-544 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 13, 2005:
RESOLVED that the Town Board of the Town of Southold hereby appoints Phyllis
Markopoulos to the position of a full time Senior Citizen Aide II for the Human Resource
Center, effective September 14, 2005, at a rate of $ 27,282.38 per annum.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-545
ADOPTED DOC ID: 1119
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-545 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 13, 2005:
RESOLVED that the Town Board of the Town of Southold hereby grants permission to
Mattituck Lions Club to use the Strawberry Fields Fairgrounds on October 1 —2, 2005 (set
up and breakdown on September 30 and October 3) for their Annual Fall Festival as
outlined in their application, provided they file with the Town Clerk a one million dollar
Certificate of Liability Insurance naming the Town of Southold and the County of Suffolk as
additional insured for $1,000,000.00 each. Capt. Flatley of the Southold Town Police
Department must be contacted, within ten(10) days after the Town Board approval, to
coordinate traffic control.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-546
ADOPTED DOC ID: 1121
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-546 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 13, 2005:
RESOLVED that the Town board of the Town of Southold hereby amends resolution 2005-
522, adopted at the August 30, 2005 regular Town Board meeting to read as follows:
RESOLVED that the Town Board of the Town of Southold hereby appoints Jacob E. Bean to
the position of Seasonal Part time Deckhand for the Fishers Island Ferry District, effective
September 1, 2005 through May 1, 2006, at a rate of $9.00 per hour.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-547
ADOPTED DOC ID: 1122
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-547 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 13, 2005:
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the
Knights of Columbus, Marion Council No. 3852, Cutchogue, New York, to hold its "Walk
for Life" using the Main Road from the Sacred Heart Church east to Depot Lane, then
north on Deport Lane to the Sacred Heart Cemetery, on Saturday, October 15, 2005
beginning at approximately 11:00 A.M.,provided they file with the Town Clerk a One Million
Dollar Certificate of Insurance naming the Town Southold as an additional insured and notify
Capt. Flatley within ten(10) days of this resolution to coordinate traffic.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-548
ADOPTED DOC ID: 1123
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-548 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 13, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 Solid
Waste District budget, as follows:
To:
Appropriations
SR.8160.1.100.200 Personal Services— Overtime Earnings $ 8,000.00
SR.8160.4.100.800 Maint—Facilities/Grounds $ 6,000.00
SR.8160.4.400.100 Engineering $ 22,000.00
From•
Appropriations
SR.8160.1.200.100 Personal Services—Part Time Regular $ 8,000.00
SR.8160.2.200.460 Video Surveillance System $ 12,000.00
SR.8160.4.400.600 Scale Maintenance $ 6,000.00
SR.8160.2.500.100 Bag Storage Shed $ 10,000.00
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-549
ADOPTED DOC ID: 1124
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-549 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 13, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute the Agreement between the Suffolk County Office
for the A2in2 and the Town of Southold for the III-C Nutrition Program, IFMS No. SCS
EXE 05000009288, for the period January 1, 2004 through December 31, 2005, all in accordance
with the approval of the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Daniel C. Ross, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-550
ADOPTED DOC ID: 1126
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-550 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 13, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute the Agreement between the Suffolk County Office
for the A2in2 and the Town of Southold for the State Pharmaceutical Assistance Program,
IFMS No. SCS EXE 001-6804-4980-95285, for the period April 1, 2005 through September 30,
2005, subject to the approval of the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-551
ADOPTED DOC ID: 1125
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-551 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 13, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute an Agreement between the Suffolk County Office
for the A2in2 and the Town of Southold for the Supplemental Nutrition Assistance
Program (SNAP), IFMS No. SCS EXE 05000009442, for the period April 1, 2004 through
March 31, 2006, subject to the approval of the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-552
ADOPTED DOC ID: 1127
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-552 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 13, 2005:
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the
Town Attorney, Patricia Finnegan, and Assistant Town Attorneys, Lori Hulse Montefusco
and Kieran Corcoran, to attend a seminar on September 28, 2005 in Hauppauge entitled
"Ethics in Government". All fees and travel expenses are to be a legal charge to the Town
Attorney 2005 budget.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-553
ADOPTED DOC ID: 1129
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-553 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 13, 2005:
RESOLVED that the Town Board of the Town of Southold hereby grants permission to close
Broadwaters Road, Cutchogue, on September 17, 2005 from 2:00 PM to 7:00 PM for a
residential Block Party(rain date September 18) provided they file with the Town Clerk a
One Million Dollar Certificate of Insurance naming the Town of Southold as an additional
insured and contact Capt. Flatley to arrange for unmanned traffic barricades.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-554
ADOPTED DOC ID: 1130
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-554 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 13, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to hire the firm of Cleary Consulting to conduct a review
pursuant to the State Environmental Quality Review Act (SEQRA) of the proposed Local
Law entitled "A Local Law in relation to Amendments to Uses Within the Hamlet Density
Residential District" in accordance with their proposal dated September 12, 2005, at a cost not to
exceed $750.00, subject to the approval of the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-555
ADOPTED DOC ID: 1131
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-555 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 13, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute a contract with New York State Office of
Homeland Security in connection with a $50,000.00 Buffer Zone Protection Program
(BXPP) Grant for Fiscal Year 2005, all in accordance with the approval of the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-556
ADOPTED DOC ID: 1132
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-556 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 13, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute a grant agreement with New York State
Department of State in connection with Agreement #C006471 —Planning for Stormwater
Management in Town of Southold Creeks, all in accordance with the approval of the Town
Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-557
REPLACED DOC ID: 1134
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-557 WAS
REPLACED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 13, 2005:
RESOLVED that the Town Board of the Town of Southold hereby accepts the following bids
for used computer equipment:
Computer 42383 to Connie Solomon in the amount of$125.02
Computer 42382 to Donna Neudeck in the amount of$100.00
Computer 42535 to Corinne Bednoski in the amount of$101.01
and be it further
RESOLVED the remainder of the workinz used computers be donated to CAST
(Community Action Southold Town).
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-558
ADOPTED DOC ID: 1105
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-558 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 13, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General
Fund, Whole Town budget as follows:
From•
A.1680.4.400.350 AS/400 Maintenance $2400.00
To:
A.1680.4.400.352 Printer Maintenance $2400.00
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-559
ADOPTED DOC ID: 1133
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-559 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 13, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor
Joshua Y. Horton to retain L.K. McLean Associates, P.C. to furnish professional
engineering services in connection with the construction management and inspection of the
proposed transfer station,pursuant to their proposal dated September 7, 2005, at a cost not to
exceed $178,496.00, subject to the approval of the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-560
ADOPTED DOC ID: 1136
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-560 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 13, 2005:
RESOLVED that the Town Board of the Town of Southold hereby grants a refund in the
amount of$5.00 to Laura Deptola of Southold for an entry fee incorrectly charged to her at the
Cutchogue Transfer Station on August 27, 2005.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-561
w ADOPTED DOC ID: 1137 A
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-561 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 13, 2005:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 13'h day of September, 2005 a Local Law entitled "A Local Law in
relation to No Parking area at the intersection of Main Bayview Avenue and Corey Creek
Lane, Southold" now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the
27tb day of September, 2005 at 8:05 p.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to No Parking area at the
intersection of Main Bayview Avenue and Corey Creek Lane, Southold" reads as follows:
LOCAL LAW NO. 2005
A Local Law entitled, "A Local Law in relation to No Parking area at the intersection of
Main Bavview Avenue and Corey Creek Lane, Southold".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
L Purpose—Parking along both sides of the entrance to Corey Creek Lane from the
intersection of Main Bayview Avenue in Southold has resulted in a dangerous
condition, in which the drivers of vehicles turning onto Main Bayview Avenue
encounter difficulty in viewing oncoming traffic. Accordingly, it is necessary to
prohibit parking along the south side of Main Bayview at the intersection of Corey
Creek Lane both easterly and westerly for a distance of 175 feet in each direction.
II. Chapter 92 of the Vehicle and Traffic Code of the Town of Southold is hereby
amended as follows:
Resolution 2005-561 Board Meeting of September 13, 2005
§ 92-41. Parking Prohibited at all times.
The parking of vehicles is hereby prohibited at all times in any of the following
locations:
Name of Street Side Location
Main BMiew Avenue South In Southold, from the intersection of
Main BMiew both easterly and westerly
for a distance of 175 feet in each direction
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
Updated: 9/27/2005 9:19 AM by Lynda Rudder A Page 2
1'fl RESOLUTION 2005-562
ADOPTED DOC ID: 1138
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-562 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 13, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Attorney to instruct appointed special counsel, Frank Isler, Esq., to institute a civil
action in the Supreme Court for the County of Suffolk to seek iniunctive and other relief
relating to the operation of the Cross Sound Ferry terminal at Orient Point, in violation of the
Town of Southold site plan regulations as against Cross Sound Ferry Services, Inc. and any other
entities, as appropriate and necessary.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-563
ADOPTED DOC ID: 1139
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-563 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 13, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Attorney to retain the services of Cleary Consulting to coordinate the conduct of a
traffic study re2ardin2 the impacts of the Cross Sound Ferry and proposed legislation related
thereto.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-564
ADOPTED DOC ID: 1140
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-564 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 13, 2005:
RESOLVED that the Town Board of the Town of Southold hereby appoints Mark Terry as
acting head of the Planning Department, effective September 13, 2005.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-565
w ADOPTED DOC ID: 1146 B
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-565 WAS
ADOPTED AT THE SPECIAL MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 19, 2005:
RESOLVED that the Town Board of the Town of Southold hereby adopts the attached
recommendation of the Assistant Town Attorney and denies the appeal by Jody Adams of
her FOIL request dated September 6, 2005.
Attachment:
MEMORANDUM
TO: Members of the Town Board
FROM: Kieran M. Corcoran, Esq., Assistant Town Attorney
DATE: September 15, 2005
SUBJECT: FOIL Appeal of Jody Adams
As directed by the Town Board, I have considered the appeal of Jody Adams
dated September 6, 2005, regarding the denial by the Ethics Board of her FOIL request, either by
its "failure to provide material requested . . . or denial." In accordance with Section 73-8(C), a
failure of a Town agency to respond, as happened here, constitutes a denial and is properly
subject to appeal.
The Appellant's FOIL request sought various submissions made to the Ethics
Board regarding its investigation of certain ethics complaints. Pursuant to Section 87(2)(b) and
Section 87(2)(g) of the Freedom of Information Law, and as interpreted by the New York
Department of State's Committee on Open Government, documents pertaining to the substance
of ethics complaints may properly be withheld from disclosure as an unwarranted invasion of
personal privacy and/or as intra-agency materials. Only final determinations finding that an
employee has been engaged in misconduct must be disclosed. In these instances, no such final
determinations have been rendered.
Accordingly, I recommend that Appellant's FOIL appeal be DENIED.
Resolution 2005-565 Board Meeting of September 19, 2005
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: Daniel C. Ross, Thomas H. Wickham, John M. Romanelli, Joshua Y. Horton
ABSENT: William P. Edwards, Louisa P. Evans
Updated: 9/20/2005 9:58 AM by Lynda Rudder B Page 2
1'fl RESOLUTION 2005-566
ADOPTED DOC ID: 1148 C
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-566 WAS
ADOPTED AT THE SPECIAL MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 19, 2005:
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 19th day of September, 2005, a Local Law entitled, "Temporary
Moratorium on the Processing, Review of, and making Decisions on applications for Site
Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the
Town of Southold"; now therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the
4th day of October 2005 at 2:00p.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed local law entitled, "Temporary Moratorium on the Processing, Review of, and
making Decisions on applications for Site Plans and Special Exception Use Permits for
Retail Stores over 3000 square feet in the Town of Southold"reads as follows:
LOCAL LAW NO. 2005
Temporary Moratorium on the Processing, Review of, and making Decisions on
applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square
feet in the Town of Southold
BE IT ENACTED BY, the Town Board of the Town of Southold as follows:
Section 1. PURPOSE AND INTENT
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
Resolution 2005-566 Board Meeting of September 19, 2005
that the existing Zoning Code is inadequate to deal with these chain and large-scale businesses that
have been and will, in the near future, be proposed.
The size and population of the Town, the scale of its existing buildings, the traffic and
transportation issues facing the hamlets, and the long-range goals of the Town (as set forth in the
recently adopted Hamlet Study and other past planning studies) dictate that retail and commercial
limits should be established to sustain the hamlets. Regulation on the size, location and appearance
of large chain retail businesses is necessary to address the problems these businesses create.
It is critical that the issues be handled in a comprehensive manner, crucial legislative
decisions made and those decisions implemented. The Town Planning Board and Planning
Department are currently working with the Town Attorney to review the 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 finds that it is reasonable and in the public interest to 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, 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 XXV of the Southold Town Code, including without
limitation, provisions relating to the, processing, reviewing, holding of hearings
and the rendering of decisions. The statutory and locally-enacted time periods
for processing and making decisions on all aspects of said site plan applications
are suspended and stayed while this Local Law is in effect. All terms used in this
Local Law are as defined in §100-13 of the Code of the Town of Southold.
Updated: 10/3/2005 9:33 AM by Lynda Rudder C Page 2
Resolution 2005-566 Board Meeting of September 19, 2005
2) The Zoning Board of Appeals shall not accept for review, continue review, hold
a hearing on, continue a hearing or make any decision upon any application for
a special exception use permit containing a RETAIL STORE over 3000 square
feet, whether submitted prior to or after the effective date of this law, and shall
not be subject to the time periods specified in Town Law § 274-b and Chapter
100 of the Southold Town Code,including without limitation,provisions relating
to the,processing,reviewing,holding of hearings and the rendering of decisions.
The statutory and locally-enacted time periods for processing and making
decisions on all aspects of said special exception use permits are suspended and
stayed while this Local Law is in effect. All terms used in this Local Law are as
defined in §100-13 of the Code of the Town of Southold.
Section 3. APPLICATION
This local law shall apply to ALL [new or pending] applications for site plans or special
exception use permits for RETAIL STORES over 3000 square feet in the Town of Southold.
Section 4. EXCLUSIONS
This Local Law shall not apply to:
1) Site plans for which final or conditional final approval was granted by the Planning
Board prior to the effective date of this local law;
2) Additions to existing retail stores 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 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
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.
Updated: 10/3/2005 9:33 AM by Lynda Rudder C Page 3
Resolution 2005-566 Board Meeting of September 19, 2005
In particular, to the extent and degree any provisions of this Local Law are construed as
being inconsistent with the provisions of Town Law § 274-a, §274-b and the provisions and
requirements set forth in Chapter 100 of the Southold Town Code, which require that the
Planning Board or Zoning Board of Appeals process, review, hold hearings on, and act upon
applications for site plans and special exception use permits within specified time periods, this
local law suspends and stays the running of time periods for processing, review, holding hearings
on, making decisions, and taking action on such applications provided for in those laws and is
intended to supersede and amend any said inconsistent authority.
Section 6. APPEAL PROCEDURES
a. The Town Board shall have the authority to vary or waive the application of any
provision of this Local Law if, in its legislative discretion, upon its determination, the variance or
waiver is required to alleviate an extraordinary hardship affecting a parcel of property. 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 decision on the application, with or without
conditions. Final approval is reserved to the absolute legislative discretion of the Town Board
Updated: 10/3/2005 9:33 AM by Lynda Rudder C Page 4
Resolution 2005-566 Board Meeting of September 19, 2005
Section 7. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
Section 8. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Joshua Y. Horton, Supervisor
SECONDER:Louisa P. Evans, Councilperson
AYES: Ross, Wickham, Romanelli, Evans, Horton
ABSENT: William P. Edwards
Updated: 10/3/2005 9:33 AM by Lynda Rudder C Page 5
1'fl RESOLUTION 2005-567
w ADOPTED DOC ID: 1147 A
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-567 WAS
ADOPTED AT THE SPECIAL MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 19, 2005:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 19th day of September, 2005 a Local Law entitled "A Local Law in
relation to Amendments to Chapter 37"now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York,
on the 11tb day of October, 2005 at 5:00 p.m. at which time all interested persons will be
given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 37"
reads as follows:
LOCAL LAW NO. 2005
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 37".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
L Purpose—In order to promote the effective enforcement of the laws protecting the
Coastal Erosion Hazard Areas within the Town of Southold, it is necessary to make amendments
to the penalties provision of Chapter 37. These amendments are intended to clarify and
strengthen the criminal penalties associated with violations of this law.
IL Chapter 37 of the Code of the Town of Southold is hereby amended as follows:
§37-47. Penalties for Offenses.
Resolution 2005-567 Board Meeting of September 19, 2005
A violation An offense of a provision of this Chapter :s he-ova. deelar-ed to be a off-ease
is a violation punishable by a fine not exceeding five thousand dollars ($5,000.00) or
imprisonment for a period not to exceed si� (6) , 15 days or both. Each dayls on which
such ee d-violation of this Chap occurs will constitute a separate additional violation.
Nothing herein wi44 shall be construed to prevent the rem local authorities of the Town from
taking such other lawful actions^r r,-oeee,a:,,p as may be necessary to restrain, correct or abate
any violation of this Chapter.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Joshua Y. Horton, Supervisor
SECONDER:Louisa P. Evans, Councilperson
AYES: Ross, Wickham, Romanelli, Evans, Horton
ABSENT: William P. Edwards
Updated: 9/20/2005 9:08 AM by Lynda Rudder A Page 2
1'fl RESOLUTION 2005-568
ADOPTED DOC ID: 1149
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-568 WAS
ADOPTED AT THE SPECIAL MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 19, 2005:
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, there has been presented to the Town
Board of the Town of Southold, Suffolk County, New York, on the 19th
day of September, 2005 a Local Law entitled "A Local Law in relation
to Amendments to Chapter 97"AND
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will
hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main
Road, Southold, New York, on the 11tb day of October, 2005 at 5:05 p.m. at which time all
interested persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 97"
reads as follows:
LOCAL LAW NO. 2005
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 97".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Section L Purpose
Resolution 2005-568 Board Meeting of September 19, 2005
In early 2004, an updated Chapter 97 of the Town Code was adopted by the Town Board. The
amended chapter was designed to provide necessary regulation of wetlands and natural
resources throughout the Town of Southold. It has become necessary to make additional
amendments to the Code to ensure for the residents of the Town both a clear understanding of
the Code and continued protection of the natural resources. The amendments include addition of
and amendment to several definitions, reduction in fee for administrative permit, a fee of$50.00
associated with pre-application site visits, establishment of a dock and float fee, elimination of
the notice of violation, and a codification of Trustee policies designed to protect the wetlands
and natural resources of the Town.
Section H Chapter 97 of the Code of the Town of Southold is hereby amended as follows:
§ 97-11. Definitions.
For the purpose of this chapter, the following terms, phrases, words and their derivations shall
have the meaning given herein. When not inconsistent with the context, words in the present
tense include the future; words used in the plural number include the singular number; and words
used in the singular number include the plural number. The word "shall" is always mandatory
and not directory.
CONSTRUCTION AND DEMOLITION(C& D) DEBRIS —Includes but is not limited to
waste cement, concrete, masonry work, brick, tile, sheetrock, plaster, wood shingles and the like
and rubble resulting from remodeling, demolition,repair and building of structures.
HOMEOWNERS' OR HOMES ASSOCIATION—A community association, including a
condominium association, which is organized in a residential development in which individual
owners have a shared interest in the responsibility for open space or facilities.
MATERIAL— Soil, sand, stone, gravel, clay, bog,peat, mud or any other material, including
liquids, organic or inorganic.
NON FERTILIZER—Not to include the use of fertilizers of any We.
OPERATIONS —
A. The removal of material from wetlands or otherwise within Trustee jurisdiction.
B. The deposit or discharge of material on wetlands or otherwise within Trustee jurisdiction.
C. The deposit or discharge of material on any area that results in the transport of said
materials into wetlands or otherwise within Trustee jurisdiction.
D.E The erection, construction, alteration or enlargement of any building, dock,pier, wharf,
bulkhead,jetty, groin or other structure, temporary or permanent, on wetlands, or
otherwise within the Trustees jurisdiction.
E.D. Removing or otherwise affecting the growth of plants in wetlands or otherwise within
Trustee jurisdiction.
STRUCTURE—Any object constructed, installed or placed in, on or under land or water,
including but not limited to a building;permanent shed; deck; in-ground and aboveground pool;
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Resolution 2005-568 Board Meeting of September 19, 2005
garage; mobile home; road; public service distribution, transmission or collection system; tank;
dock; pier; wharf; groin;jetty; seawall; bulkhead; breakwater; revetment; artificial beach
nourishment; boat rack; trellis; arbor; gazebo; walkway; statue; sculpture; stairs; or any addition
to or alteration of the same.
WETLANDS (FRESHWATER)—
A. "Freshwater wetlands" as defined in Article 24, Title 1, § 24-0107,
Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law
of the State of New York; or
B. All lands and waters in the town which contain any or all of the following:
(1) Lands and submerged lands commonly called "marshes," "swamps," "sloughs,"
"bogs" and "flats" supporting aquatic or semi-aquatic vegetation of the following types:
(a) Wetland trees which depend upon seasonal or permanent flooding or
sufficiently water-logged soils to give them a competitive advantage over other
trees, including, among others, red maple (Aces^rubruin), willows (Salix spp.),
black spruce (Picea inariana); swamp white oak(Quercus bicolor), red ash
(Fraxinuin pennsylvanica), black ash(Fraxinus nigr^a), silver maple (Ater
sacchar^inuin), American elm (Uhnus ainer^icana) and larch (Lar^ix lar^icina);
(b) Wetland shrubs which depend upon seasonal or permanent flooding or
sufficiently water-logged soils to give them a competitive advantage over other
shrubs, including, among others, alder(Alnus spp.), buttonbush(Cephalanthus
occidentalis), common winterberry(Ilex ver^ticillata) leatherleaf(Chainaedaphne
calyculata), and swamp azalea(Rhododendron viscosuin);
(c) Emergent vegetation, including, among others, cattails (Typha spp.),
pickerelweed (Ponteder^ia cor^data), bulrushes (Scirpus spp.), arrow arum
(Peltandra vir^ginica), arrowheads (Sagittar^ia spp.), common reed (Phr^aginites
austr^alis), wildrice (Zizania aquatica), bur-reeds (Spar^ganiurn spp.), purple
loosestrife (Lythr^uin salicar^ia), swamp loosestrife (Decodon ver^ticillatus) and
water plantain (Alisina plantago-aquatica);
(d) Rooted, floating-leaved vegetation, including, among others, water-lily
(Nyinphaea odor^ata), water shield (Br^asenia schr^eber^i) and spatterdock (Nuphar^
spp.);
(e) Free-floating vegetation, including, among others, duckweed (Lernna
spp.), big duckweed (Spir^odela polyr^hiza) and watermeal (Wo is spp.);
(f) Wet meadow vegetation which depends upon seasonal or permanent
flooding or sufficiently water-logged soils to give it a competitive advantage over
other open land vegetation, including, among others, sedges (Car^ex spp.), rushes
(Juncus spp.), cattails (Typha spp.), rice cut-grass (Leer^sia oryzoides), reed canary
grass (Phalar^is ar^undinacea), swamp loosestrife (Decodon ver^ticillatus) and
spikerush (Eleochar^is spp.);
(g) Bog mat vegetation, including, among others, sphagnum mosses
(Sphagnum spp.), bog rosemary(Androineda glaucophylla), leatherleaf
(Chainaedaphne calyculata), pitcher plant(Sar^r^acenis pur^pur^ea) and cranberries
(Vacciniurn inacr^ocarpon and V. oxycoccos); or
(h) Submergent vegetation, including, among others, pondweeds
(Potainogeton spp.), naiads (Najas spp.)bladderworts (Utr^icular^ia spp.), wild
celery (Vallisner^ia ainer^icana), coontail (Cer^atophylluin deiner^surn), water
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Resolution 2005-568 Board Meeting of September 19, 2005
milfoils (Myriophylluin spp.)muskgrass (Chara spp.), stonewort(Nitella spp.),
water weeds (Elodea spp.) and water smartweed (Polygonuln alnphibiuln).
(2) Lands and submerged lands containing remnants of any vegetation that is not
aquatic or semiaquatic that has died because of wet conditions over a sufficiently long
period, provided that such wet conditions do not exceed a maximum seasonal water depth
of six feet and provided further that such conditions can be expected to persist
indefinitely, barring human intervention.
(3) Lands and waters substantially enclosed by aquatic or semiaquatic vegetation as
set forth in Subsection B(1) or be dead vegetation as set forth in Subsection B(2), the
regulation of which is necessary to protect and preserve the aquatic and semiaquatic
vegetation.
(4) The waters overlying the areas set forth in Subsection B 1 and 2 and the lands
underlying Subsection BtD.
§ 97-12. Declaration of Policy, Jurisdiction and Setbacks.
C. Jurisdiction: The following areas are subject to protection under Chapter 97 of the Code of
Southold.
(1) Any freshwater wetland, tidal wetland, beach, bluff, dune, flat, marsh, swamp,
wet meadow, bog, or vernal pool;
(2) Any creek, estuary, stream,pond, canal, or lake;
(3) Land under water;
(4) Land subject to tidal action;
(5) Land within 100 feet of the areas listed above.
D. Setbacks: The following minimum setbacks apply to any and all operations proposed on
residential property within the jurisdiction of the Board of Trustees:
(1) Wetland Boundary
(a) Residence— one hundred (100) feet;
(b) Driveway—fifty(50) feet;
(c) Sanitary leaching pool(cesspool)— one hundred(100) feet;
(d) Septic tank— seventy five (75) feet;
(e) Swimming Pool and related structures—fifty(50) feet;
(f) Landscaping or gardening— fifty(50) feet;
(g) Placement of C&D material- one hundred(100) feet;
(2) Bluff Line
(a) Residence— one hundred (100) feet;
(b) Driveway— one hundred (100) feet;
(c) Sanitary leaching pool(cesspool)— one hundred(100) feet;
(d) Swimming Pool and related structures— one hundred(100) feet;
The Board of Trustees reserves the right to waive or alter these setbacks where site-specific
and/or environmental conditions justify such action.
§ 97-13. Exceptions.
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Resolution 2005-568 Board Meeting of September 19, 2005
A. The provisions of this chapter shall not affect or prohibit nor require a permit for the
following:
(7) The ordinary and usual maintenance or repair of a man-made pond as defined
in (§ 97-11). This exception does not apply to filling of unlined manmade
ponds.
(8) Proactive restoration or enhancement projects conducted in cooperation with
the Trustees including, but not limited to, salt marsh restoration, eelgrass
plantings or other vegetative enhancement work
(9) Installation or burial of a residential propane tank within 100 feet of wetlands
in an existing, established yard area when more appropriate upland
placement is not possible
B. Nothing contained in this section shall alter the jurisdiction of the Southold Town, Board
of Trustees.
ARTICLE II, Permits
§ 97-20. Permit procedures.
B. Administrative Permit.
The following operations will be considered for Administrative review:
(j) The construction of a permitted bulkhead, which is to replace an
existing functional bulkhead, subject to the following:
[3]Any such activities shall require the addition of a non-turf buffer
area not to exceed twenty (20) feet wide as defined in (§ 97-11).
(k) Minor changes to existing, valid Trustee permits. The Trustees reserve
the right to determine whether the changes qualify for Administrative
review.
§ 97-21. Application.
A. Contents of Application. A permit may be issued upon the written, verified application of
the person proposing to perform operations on wetlands. Si�i(6) Three 3 copies of the complete
application, including all written descriptions,pictures and surveys, shall be submitted to the
Clerk. Such application shall contain the following information:
(8) Such application shall be accompanied by a survey and topographical map,
created no more than one (1)year prior to the date of application, with contours at
two-foot intervals, showing all wetlands within a two hundred foot(200')radius of
the area from which the removal or in which the deposit of materials is proposed, or
in which structures are to be erected, certified by a registered land surveyor or
registered professional engineer, licensed by the State of New York. Such survey and
topographical map shall show the soundings of the area in which operations are
proposed to be conducted. The horizontal control of said survey shall be based on an
approved local coordinate system. The vertical control for elevations shall be based
on the United States Coast and Geodetic Survey datum.
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Resolution 2005-568 Board Meeting of September 19, 2005
(18) A completed Local Waterfront Revitalization Program Consistency Assessment
Form.
§ 97-22. Fees.
A. Every application for a permit filed with the Clerk shall be accompanied by a filing fee of
two hundred fifty dollars ($250), which includes the first site visit, no portion of which shall be
refundable. The fee for an Administrative permit shall be fifty dollars ($50). For structures that
have been previously built without a permit the fee will be doubled. If a pre-application site visit
is requested, the feel shall be fifty dollars ($50).
E. Dock and float fee: Every application for a new dock or float shall include a fee equal to
$3/ft of linear length for residential docks and $3ft for commercial docks. Commercial docks are
any structures that are rented, leased or otherwise used to generate income including, but not
limited to, those structures located on properties zoned M1 and M2.
§ 97-23. Processing of application.
A. Pre-Submission Conference. Applicants are encouraged to schedule a voluntary Pre-
submission site visit to discuss the proposed operations with the Board. Discussions in the field
are purely advisory and non-binding but this meeting is intended to facilitate communication
between the applicant and the Board. There will be a fifty dollar($50)*0 fee for this
conference.
§ 97-25. Contents of permit.
Each permit issued hereunder by the Clerk pursuant to a resolution of the Trustees shall be valid
for a period of two (2)years from the date of approval. Said permit may be renewed for two
consecutive one year periods at the discretion and review of the Board. Each permit shall state
the following:
K. A statement that: "The permittee is required to provide evidence that a copy of this
Trustee permit has been recorded with the Suffolk County Department of Real Properties Office
as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall
be provided within ninety(90) calendar days of issuance of this permit'
-
§ 97-27 Construction and Operation Standards
A. General. The following standards are required for all operations within the jurisdiction of
the Trustees:
(4) Fences. In general, fences are prohibited from beaches and wetland areas. Trustees
reserve the right to permit erection of a fence where the applicant has shown that there is a need
to protect their private property. In these rare cases, 0only split rail fences are allowed on
beaches. Feiiees ei beae es Such fences shall be perpendicular to the waterline and not be
closer than ten (10) feet to MHW. Only one posted sign per one hundred(100) linear feet of
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Resolution 2005-568 Board Meeting of September 19, 2005
fence is allowed. Posted signs shall be o larger than twelve (12) inches by twelve (12) inches
square.
(6) Decks and platforms. No decks or platforms shall be permitted on or near bluffs. Platforms
associated with stairs may not be larger than thirty-two (32) square feet si�itee (16' s,, a- feet.
(8)No structures on beaches, bluffs or dunes unless approved by the Board at its discretion based
on their site inspection.
B. Shoreline Structures.
The following standards are required for all operations relating to shoreline structures on
residential properties. Operations conducted on properties zoned MI or M2 may be given
greater flexibility in these requirements given the water dependent nature of their use.
(1) Bulkheads, Retaining Walls, Revetments and Gabions.
(a) Only in place replacement of existing functional bulkheads (as defined in
§ 97-11) is permitted. In-kind replacement relates to the position and dimensions
and does not necessarily require or allow for the use of the same materials. At
their discretion, the Board may allow for a one time projection of the replacement
structure seaward of the original, only if such placement will not project the
proposed structure seaward of adjacent, neighboring structures and if the
proposed installation is in close proximity to the original structure. Any
subsequent repair or replacement following the first replacement requires the
structure to be built on or landward of the original structure.
(b) Bulkheads on the Sound shall only be permitted when the likelihood of
extreme erosion is demonstrated and it shall not increase erosion on neighboring
properties.
(c) Bulkheads on the Sound must be armored with stone.
(d) All bulkhead construction and renovation work requires the establishment
of a permanent non-turf buffer as defined by § 97-11.
(e) Retaining walls are not permitted unless excessive erosion can be
demonstrated.
(f) In order to prevent the release of metals and other contaminants into the
wetlands and waters of Southold, the use of lumber treated with chromated copper
arsenate (also known as "CCA"), creosote, penta products or homemade wood
preservatives is prohibited for use in sheathing and decking. Preservatives of any
type including but not limited to those listed above cannot be applied to any
bulkheads, retaining walls or revetments after installation. These r-estfi,ties s se
Encapsulated
pilings or native non chemically treated (untreated) lumber only should be used in
sensitive areas.
(g) The use of tropical hardwoods is not permitted unless it is certified by the
Forest Stewardship Council or similar organization.
(h) New bulkheads in creeks and bays are prohibited,unless the operation
involves construction of a low-sill bulkhead.
(i) Machine excavation is prohibited in tidal and freshwater wetland areas.
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Resolution 2005-568 Board Meeting of September 19, 2005
(i) Individual residential stairs are prohibited on bluffs if the property is part
of an association that maintains a common stairway within a reasonable distance.
(k) No discharge pipes are allowed out of or over bulkheads unless permitted
by the Trustees.
(1) Li retaining Any and all lights associated with bulkheads, retainingAny and all lights associated with bulkheads, retaining wall or
poles in Trustee jurisdiction must be directed on the subject structure and not out
into the adjacent wetland, waterway or property. Lights shall not be on unless the
waterfront is in active use.
(m) Backfilling: Only clean sand can be used for backfilling in eroded and
excavated areas as well as behind new and repaired bulkheads. Garbage,
asphalt,and C&D materials are strictly forbidden for use as backfill behind
bulkheads.
C. In Water.
The following standards are required for all in water operations adjacent to residential properties.
Operations conducted on properties zoned MI or M2 may be given greater flexibility in these
requirements given the water dependent nature of their use.
(1) Jetties and Groins.
General Rules
(a) Only low-profile jetties as defined in § 97-11 will be permitted
(b) Only in place replacement of existing low-profile functional jetties and
groins (as defined in § 97-11) is permitted.
(c) Pre-backfilling of jetties and groins may be required.
(d) In order to prevent the release of metals and other contaminants into the
wetlands and waters of Southold, the use of lumber treated with chromated copper
arsenate (also known as "CCA"), creosote, penta products or homemade wood
preservatives is prohibited for use in sheathing and decking. Preservatives of any
type including but not limited to those listed above cannot be applied to any jetty
or groin after installation
(e) The use of tropical hardwoods is not permitted unless it is certified by the
Forest Stewardship Council or similar organization.
(f) No new jetties or groins will be permitted unless the work results in a net
decrease in the total number of jetties in the subject area.
(g) All applicants for jetties and groins extending across the foreshore shall be
required to give and maintain a public passing way, on the upland,not less than
five (5) feet in width, to enable persons to pass and repass over said structure by
steps or a ramp allowing pedestrian passage
(2) Docks
(a) Standards for Residential and Commercial Docks
It shall be the policy of the Town of Southold that all docks shall be designed,
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Resolution 2005-568 Board Meeting of September 19, 2005
constructed and located so as to reduce a dock's potential adverse impacts to
navigation, public safety, waterway congestion, access to public trust lands and
water, and natural resources and habitats. The following standards will serve as a
basis for granting, denying, or limiting permits for the construction of docks.
11. Personal watercraft or "jetski" floats cannot be added to any float,
stairway, or dock. without a Trustee Permit.
12. Li lights Any and all lights associated with docks, floats or poles
and all lights associated with docks, floats or poles
must be directed on the subject structure and not out into the adjacent
wetland, waterway or property. Lights shall not be on unless the dock is
in active use.
13. Utilities and Water: If power and/or water are to be installed on a
dock, plans for the installation must be provided to the Trustees at the time
of application. Installation of such amenities on an existing permitted
dock requires obtaining a permit amendment from the Trustees.
(b) Dock Locations and Lengths
I. No dock shall be erected or extended if, in the opinion of the
Trustees, such structure would adversely affect navigation, fisheries, shell
fisheries, scenic quality, habitats or wetland areas.
2. Within creeks and other narrow waterways, no dock length shall
exceed 1/3 the total width of the water body. Determination of the length
of the dock must include the dimensions of the vessel.
3. Prohibited Locations and Activities
[a] Given the unique and sensitive natural environmental
characteristics described in the Town of Southold Local Waterfront
Revitalization Plan and the New York State Department of State
Significant Habitat descriptions, no new docks will be permitted,
over vegetated wetlands or such that it causes habitat
fragmentation of vegetated wetlands, in Downs Creek, Hallocks
Bay, Hashamomuck Creek and Pond and West Creek
[b] Machine excavation is prohibited in tidal or freshwater
wetland areas.
[c] Placement of fence, mesh or other material preventing
passage under docks is prohibited.
[d] No Bloating docks, ewer floats,ffffd dock components,ffffd
duck blinds or boats shall f,,e+be stored on tidal wetlands, other
intertidal areas or freshwater wetlands.
(c) Regulations for the Placement and Configuration of Docking Facilities
1. Residential Docks:
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Resolution 2005-568 Board Meeting of September 19, 2005
[a] Only one dock or mooring is permitted per residential lot.
[b] If any part of a residential dock structure includes a float or
floating dock, the float or floating dock portion shall be designed
so that, with the exception of the pilings,
1. it is no larger than six (6) feet wide and twenty(20)
feet long except on Fishers Island if the need is
demonstrated;
2. no part of the floating dock will contact the
bottomland during a normal low tide.
[c] In determining the permitted length of a proposed
residential dock the Trustees shall seek to maintain lengths
consistent with the other docks (i.e.,pier line) in the waterway
which meet the requirements of this law.
[d] Pilings shall not project more than three (3) feet above the
surface of a dock or catwalk unless a need for greater height is
demonstrated.
[e] All excess fill from installation of pilings must be removed
from tidal or freshwater wetland area on the same day as
installation and disposed of in an approved upland disposal area.
[f] Tie off poles associated with residential docks will only be
permitted to secure one (1)vessel. If the dock utilizes a float the
poles shall not project farther seaward than the outer edge of the
float. If a float is not used the pole(s) can be situated seaward of
the end of the dock sufficient to secure the vessel.
[g] Only one hand rail is permitted on a residential dock unless
the need for two is demonstrated. Rails shall not be higher than
three (3) feet above the surface of the dock and posts shall not be
placed closer than 6 feet on center or larger than 4"x 4" in
dimension.
[h] Residential catwalks and ramps are limited to four(4) feet
in width.
[i] Residential boatlifts, floating or fixed, are prohibited.
ARTICLE III, Administration and Enforcement
§ 97-31. Coordination and Enforcement
The Director of Code Enforcement and/or the Bay Constable are responsible for coordination
and enforcement of the provisions of this chapter. The Director of Code Enforcement and Bay
Constables have the authority to issue violations of this Chapter.
this ehapter- er-iiel- iii eeffipliaffee with a peffnit issued ptifsttafft te this ehapter-, he ffiay iietify t
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Resolution 2005-568 Board Meeting of September 19, 2005
all operations; and a*y stieh per-son shall fofd+with eease operations tmtil stieh notiee of violation
has beenr-eseinded.
B. Sueh notiee shall be in�ATitiag, shall speeif�,the violation and shall state the e0fiditions,
may be r-estimed. Sueh notiee shall also infefm the per-son to�A4oM it is difeeted of
right to apply f ., hea-r-ing before the Tndstees as hereinafter-provided.
G. Sueh notiee shall be served"on the per-son to �A4om it is dir-eeted by delivering it to him
being eoa&eted and mailing a eopy to stieh per-son by eer-tified mail to his !-ast"own
address.
speeified and ,,,bons o ist.A4 1, prevent immediate eemplianee.
E. in the event that the per-son upon�A4om a notiee of violation has been served shall fail to
eemply with said notiee wit-hin the time speeif4ed ther-ein or-wit-hin the time speeified in an�
e�Eteasioa of time issued by the Dir-eetor-of Gode Eafer-eement or-Bay Gonstable, any
issued to s e per-son ptffsuant to this ..1,apte,-shall be deemed revoked.
F. it shall be tmlawftil for- any per-son served with a notiee of violation ptffsuant to § 97 34-G
hereof may r-e"est and shall be granted a hea-r-ing before the T-ndstees, provided that stleh per-s
shall file a *- . est ther-efor-with the Glefkwithia 10 days after- ser-viee of the notiee 0
violation. Sueh r-e"est shall haNe anae�Eed thereto a eopy of the notiee of violation t1POH'A4ieh a
modified or-r-eseinded.
T-ndstees shall set a time and plaee for-stieh hea-r-ing and shall give the per-son r-e"estiag the same
§ 97-34. Compliance requirements and penalties for offenses.
A. It shall be unlawful for any carter, owner, occupant, builder, architect, contractor or their
agents or any other person to fail to comply with any provisions of this chapter or to fail in any
manner to comply with a written notice, directive or order of the Director of Code Enforcement
or Bay Constable or to conduct any operation in a manner not in compliance with a permit issued
pursuant to this chapter.
B. For each offense against any of the provisions of this chapter or any regulations made
pursuant thereto, or failure to comply with a written notice or order of any Director of Code
Enforcement or Bay Constable within the time fixed for compliance therewith, the owner,
occupant, builder, architect, contractor or their agents or any other person who commits, takes
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Resolution 2005-568 Board Meeting of September 19, 2005
part or assists in the commission of any such offense or who shall fail to comply with a written
order or notice of the Director of Code Enforcement or Bay Constable shall be subject to the
following fine schedule. Each day on which such violation occurs shall constitute a separate,
additional offense.
(1) Failure to obtain a permit. Any person conducting operations within the
jurisdiction of the Trustees without first obtaining a permit according to the
procedures outlined in this chapter shall be subject to fine of not less than $1,000 and
not more than $4,000 or a term of imprisonment of not less than fifteen (15) days nor
more than six(6)months, or both;
(2) Failure to comply with the terms of a permit. Any person failing to comply
with the terms of a permit shall be subject to fine of not less than $500 and not more than
$1,000. For each subsequent offense, the violator shall be guilty of a misdemeanor
punishable by a fine not less than $1,000 nor more than $2,000 or a term of imprisonment
of not less than fifteen(15) days nor more than six (6)months, or both;
(3) Failure to heed a cease and desist order. Any person conducting operations
in direct contradiction to the terms of a cease and desist order shall be subject to fine of
not less than $1000 and not more than $2,000. For each subsequent offense, the violator
shall be guilty of a misdemeanor punishable by a fine not less than $1,000 nor more than
$2,000 or a term of imprisonment of not less than fifteen (15) days nor more than six (6)
months, or both;
(4) Restoration. In lieu or in addition to these punishments, any offender may be
punished by being ordered to restore the affected wetland to its condition prior to the
offense. Any such order shall specify a reasonable time for the completion of such
restoration, which shall be effected under the supervision of the approving authority.
The Trustees reserve the right to require specific re-planting and restoration methods
including specific survivability and success criteria.
(5) Mitigation. When on-site wetlands restoration and creation may be
unfeasible due to technical or other constraints, other mitigative measures such as off-site
wetland restoration or creation may be required.
C. No new permits will be issued to any carter, owner, occupant, builder, architect,
contractor or their agents if they are named as defendants in an outstanding or unresolved
wetland violation.
D. In addition to the above-provided penalties, the Trustees may also, if authorized by the
Town Board, 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.
III. Severability.
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. Effective date
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Updated: 11/10/2005 10:28 AM by Lynda Rudder Page 12
Resolution 2005-568 Board Meeting of September 19, 2005
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Joshua Y. Horton, Supervisor
SECONDER:Louisa P. Evans, Councilperson
AYES: Ross, Wickham, Romanelli, Evans, Horton
ABSENT: William P. Edwards
Updated: 11/10/2005 10:28 AM by Lynda Rudder Page 13
1'fl RESOLUTION 2005-569
WITHDRAWN DOC ID: 1151
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-569 WAS
WITHDRAWN AT THE SPECIAL MEETING OF THE SOUTHOLD TOWN BOARD
ON SEPTEMBER 19, 2005:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 19th day of September, 2005 a Local Law entitled "A Local Law in
relation to Use of Historic Buildings in Residential Districts"now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York,
on the 11th day of October, 2005 at 5:15 p.m. at which time all interested persons will be
given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Use of Historic Buildings in
Residential Districts"reads as follows:
LOCAL LAW NO. 2005
A Local Law entitled, "A Local Law in relation to Use of Historic Buildings in Residential
Districts".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Section 1. Purpose.
The Town Board recognizes that the Town's historic buildings, particularly those with
national or state status, are an important cultural, historic and architectural resource to Southold.
The upkeep and maintenance of these buildings is significant and organizations that seek to
maintain the buildings in their historic status will be permitted, by special exception from the
Board of Appeals, to use the building for community events, professional offices and an
apartment.
Section 2. Code Amendment.
Resolution 2005-569 Board Meeting of September 19, 2005
§100-31. Use regulations.
In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used
and no building or part of a building shall be erected or altered which is arranged, intended or
designed to be used, in whole or in part, for any uses except the following:
B. Uses permitted by special exception by the Board of Appeals. The following uses
are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except
for two-family dwellings and the uses set forth in Subsection B(14) hereof, are subject to site
plan approval by the Planning Board:
(16) Preservation and use of a federal or state designated historic building for the purpose
of hosting community events, together with the use of part of such building for professional
professional
offices and/or one (1) apartment, not to exceed a total of three uses per building, provided that
such building is owned and maintained by a not-for-profit historic organization. In no event
shall there be more than one (1) apartment per building
§100-42. Use regulations.
In the HD District, no building or premises shall be used and no building or part of a
building shall be erected or altered which is arranged, intended or designed to be used, in whole
or in part, for any use except the following:
B. Uses permitted by special exception by the Board of Appeals. The following uses
are permitted as a special exception by the Board of Appeals, as hereinafter provided, and
subject to site plan approval by the Planning Board:
(5) Preservation and use of a federal or state designated historic building for the purpose
of hosting community events, together with the use of part of such building for professional
offices and/or one (1)apartment, not to exceed a total of three uses per building, provided that
such building is owned and maintained by a not-for-profit historic organization. In no event
shall there be more than one apartment per building_
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this
law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
Updated: 9/29/2005 2:54 PM by Lynda Rudder Page 2
Resolution 2005-569 Board Meeting of September 19, 2005
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
Denis Noncarrow
Southold Town Clerk
RESULT: WITHDRAWN
Updated: 9/29/2005 2:54 PM by Lynda Rudder Page 3
1'fl RESOLUTION 2005-570
ADOPTED DOC ID: 1172
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-570 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated
September 27, 2005
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-571
ADOPTED DOC ID: 1175
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-571 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes of the
July 19, 2005 regular Town Board meeting.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-572
ADOPTED DOC ID: 1173
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-572 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby sets October 4, 2005 at
2:00 p .m., Southold Town Hall, New York as the time and place for a special Town Board
meeting.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-573
ADOPTED DOC ID: 1174
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-573 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the next Regular Meeting of the Southold Town Board be held Tuesday,
October 11, 2005 at the Southold Town Hall at 4:30 p. m.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-574
ADOPTED DOC ID: 1128
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-574 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General
Fund Whole Town budget as follows:
To:
A.1310.1.100.100 Accounting & Finance, P.S.
Full Time Employees
Regular Earnings $ 900.00
From•
A.1310.1.200.100 Accounting & Finance, P.S.
Part Time Employees
Regular Earnings $ 900.00
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-575
ADOPTED DOC ID: 1135
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-575 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 Highway
Department budget, as follows:
To:
DB.5110.4.100.200 General Repairs, C.E.
Fuel/Lubricants 9,900.00
From•
DB.5110.4.100.920 General Repairs, C.E.
Sand 9,900.00
To:
DB.5110.4.100.350 General Repairs, C.E.
Traffic Paint 3,500.00
From•
DB.5110.4.100.975 General Repairs, C.E.
Steel 3,500.00
To:
DB.5110.4.100.905 General Repairs, C.E.
Asphalt Patch 8,000.00
From•
DB.5110.4.100.900 General Repairs, C.E.
Resurfacing Projects 8,000.00
To:
DB.5110.4.100.960 General Repairs, C.E.
Drain Pipe/Rings/Covers 5,000.00
From•
DB.5110.4.100.975 General Repairs, C.E.
Steel 5,000.00
To:
DB.5130.1.100.200 Machinery, P.S.
Overtime Earnings 1,581.27
From•
DB.5130.1.100.100 Machinery, P.S.
Regular Earnings 1,581.27
To:
DB.5130.1.100.300 Machinery, P.S.
Vacation Earnings 794.35
From•
Resolution 2005-575 Board Meeting of September 27, 2005
D13.5130.1.100.100 Machinery, P.S.
Regular Earnings 794.35
To:
D13.5140.1.100.200 Brush & Weeds/Miscellaneous, P.S.
Overtime Earnings 77.20
From•
D13.5130.2.300.100 Machinery, E.&C.O.
Light Duty Vehicles 77.20
To:
D13.5140.4.100.100 Brush & Weeds/Miscellaneous, C.E.
Office Supplies 250.00
From•
D13.5130.2.300.100 Machinery, E.& C.O.
Light Duty Vehicles 250.00
To:
D13.5140.4.100.400 Brush & Weeds/Miscellaneous, C.E.
Implements 475.70
From•
D13.5130.2.300.100 Machinery, E.&C.O.
Light Duty Vehicles 475.70
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
Updated: 9/27/2005 9:14 AM by Lynda Rudder Page 2
1'fl RESOLUTION 2005-576
ADOPTED DOC ID: 1141
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-576 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General
Fund Whole Town budget as follows:
From•
A.6772.4.600.500 Programs for the Aging, C.E.
Seminars & Training $ 200.00
A.9901.9.000.300 Transfers to Other Funds
Transfer to Risk Retention 800.00
To:
A.8660.4.600.500 Community Development, C.E.
Meetings & Seminars $1,000.00
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-577
ADOPTED DOC ID: 1142
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-577 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
establishment of the following Capital Proiect in the 2005 Capital Budget:
Capital Project Name: Computer Server Upgrade
Financing Method: Transfer from General Fund Whole Town
Budget: Revenues:
H.5031.10 Interfund Transfers $70,000.00
Appropriations:
H.1680.2.200.200 Data Processing
Capital Outlay
Computer Server Upgrade $70,000.00
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-578
ADOPTED DOC ID: 1143
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-578 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General
Fund Whole Town budget as follows:
From•
A.9901.9.000.300 Transfers to Other Funds
Transfer to Risk Retention $ 70,000
To:
A.9901.9.000.100 Transfers to Other Funds
Transfer to Capital Fund $ 70,000
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-579
ADOPTED DOC ID: 1144
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-579 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
WHEREAS the Town Board of the Town of Southold accepted three bids for used surplus
computer equipment, now there for be it
RESOLVED that the Town Board declares the remaining surplus computer equipment
unusable and be destroyed
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-580
ADOPTED DOC ID: 1145
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-580 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town
Clerk Elizabeth Neville and Network Administrator Lloyd Reisenberg to attend a seminar
on Local Government Records Management Information Fund (LGRMIF) Grant
Information Session sponsored by the New York State Archives, at the West Suffolk
BOCES in Wheatley Heights, New York, on Wednesday, September 28, 2005. Travel shall
be by a town car. A grant application will be applied for in the 2006-2007 grant cycle to initiate
the use of credit cards for payment of services in the Town Clerk's Office and town taxes in the
Receiver of Taxes Office.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-581
ADOPTED DOC ID: 1150
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-581 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby declares the following to be
surplus equipment:
Fleet 4 2 (1) 1945 Walter Snow Fighter I.D. 4 635182
Fleet 4 4 (1) 1946 International Snowgo I.D. 4 41951
Fleet 4 5 (1) 1948 Walter Snow Fighter I.D. 4725873
Fleet 415-- (1) 1957 Walter Snow Fighter I.D. 4576706
Fleet 434 (1) 1964 Huber 101) Motor Grader I.D. 1110307
Fleet 4 63 (1) 1970 Snowco Trailer I.D. 43141
Fleet 4 103--(1) 1979 International Dump Truck I.D.#CA252JHA33268
Fleet 4115 (1) 1981 International dump Truck I.D. 41HTCA2556BHA27031
Fleet 4132-- (1) 1985 Mobil Sweeper I.D. 4lA9A14DBXERO59049
Fleet 4133 (1) 1985 International Dump Truck I.D. 41HTZLTVR4FHA58099
Fleet 4164---(1) 1991 Ford Mason Dump Truck I.D. 42FDLF47MOMCA24756
Fleet 4165---(1) 1988 GMC Dump Truck I.D. 41GDL7DIB7JV520969
Fleet 4175---(1) 1988 GMC Dump Truck I.D. 41GDJ7DIB8JV508076
Fleet 4179---(1) 1988 Ford Dump Truck I.D. 41FDPF70K3JVA50589
Fleet 4180---(1) 1992 John Deere Mower I.D. 4M00318XI 14307
Fleet 4199---(1) 1989 Dodge Pickup Truck I.D. 4IB6KM36Z8KS066795
Fleet 4201---(1) 1988 Ford Pickup Truck I.D. 4IFTEF14Y8JNA13464
Fleet 4231---(1) 1998 Dodge Pickup Truck I.D. 41BFD04Y3JS783772
Fleet 4 166---(1) 1985 GMC Sander Truck I.D. 41GDJ7DIB8FV615331
Fleet 4 184---(1) 1963 Ford Sander Truck I.D. 4C95RU350565
Fleet 4193----(1) 1977 Ford Sander Truck I.D. 4V90LVO87337
Fleet 4196----(1) 1985 GMC Sander Truck I.D. 41GDG7DIB7FV614388
LAWN MOWERS
John Deere Lawn Tractor Model 425 with 60"Mower Deck I.D. 4M00425A03357
John Deere Lawn Tractor Model GT 242 I.D. 4MOG242A026329
John Deere Lawn Tractor Model 318 I.D. 4M00318X114307
John Deere Front Deck Mower Model—F932 I.D. 4MOF932X595002
Be it further RESOLVED that the Town Clerk be authorized and directed to advertise the
same for bid, proceeds of sale shall be recorded in the Hi2hway Fund Part Town revenue
line "Sale of Scrap and Excess Material", DB.2650.00.
Resolution 2005-581 Board Meeting of September 27, 2005
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
Updated: 10/7/2005 9:16 AM by Lynda Rudder Page 2
1'fl RESOLUTION 2005-582
ADOPTED DOC ID: 1152
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-582 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General
Fund Whole Town, as follows:
FROM:
A7020.4.100.550 Sports Equipment $ 400.00
A7020.4.400.550 Softball Leagues 300.00
A7020.4.400.600 Equipment Maintenance/Repairs 500.00
A7020.4.500.420 Youth Program Instructors 1500.00
TO:
A7020.1.100.200 Personal Services $2700.00
Overtime
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-583
ADOPTED DOC ID: 1153
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-583 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute an agreement with Lamb & Barnosky, LLP in
connection with professional services provided on all labor relations and employment law
matters for the period July 1, 2005 through June 30, 2010, at a fee of Thirty Thousand
($30,000.00) Dollars per year for the period July 1, 2005 —June 30, 2006; Thirty Two ($32,000)
Dollars per year for the period July 1, 2006—June 30, 2007; Thirty Four($34,000) Dollars per
year for the period July 1, 2007—June 30, 2008; Thirty Six($36,000) Dollars per year for the
period July 1, 2008—June 30, 2009; and Thirty Eight($38,000) Dollars per year for the period
July 1, 2009—June 30, 2010, all in accordance with the approval of the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-584
ADOPTED DOC ID: 1154
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-584 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General
Fund Whole Town budget as follows:
From•
A.1990.4.100.100 Contingent
Unallocated Contingent $ 3,200.00
To:
A.1640.4.100.200 Central Garage, C.E.
Gasoline & Oil 2,700.00
A.1640.4.400.650 Central Garage, C.E.
Vehicle Maintenance & Repairs 500.00
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-585
ADOPTED DOC ID: 1155
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-585 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute the Networking Services Price Quotation between
the Town of Southold and ACS Networking Services for the purchase of a new server for
Town Hall at a cost of$60,208, subject to the approval of the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-586
ADOPTED DOC ID: 1156
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-586 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General
Fund Whole Town budget as follows:
From•
A.1010.4.500.400 Town Board, C.E.
Medical Consultant $ 1,400.00
A.1010.4.500.800 Town Board, C.E.
Appraisals 4,900.00
A.1990.4.100.100 Contingent
Unallocated Contingent 30,055.00
A.9901.9.000.300 Interfund Transfers
Transfer to Risk Retention 16,204.00
To:
A.1010.4.100.125 Town Board, C.E.
Code Updates & Law Books $ 10,000.00
A.1010.4.500.200 Town Board, C.E.
Labor Relations 25,000.00
A.1010.4.500.600 Town Board, C.E.
Engineering Consultant 10,400.00
A.1010.4.500.700 Town Board, C.E.
Title Fees 1,194.00
A.1010.4.600.100 Town Board, C.E.
Legal Notices 5,000.00
A.1010.4.600.200 Town Board, C.E.
Meetings & Seminars 900.00
A.1010.4.600.300 Town Board, C.E.
Travel Expenses 65.00
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-587
ADOPTED DOC ID: 1157
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-587 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby establishes the hourly rate
of pay for Diesel Mechanic as follows:
Effective Date/ Entry
Step Level 1 2 3 4 5
January 1, 2005 20.7308 22.0508 22.5788 23.2920 23.8200 25.1412
January 1, 2006 21.4564 22.8226 23.3691 24.1072 24.6537 26.0211
January 1, 2007 22.2610 23.6785 24.2454 25.0112 25.5782 26.9969
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-588
ADOPTED DOC ID: 1158
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-588 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute Amendment No. 1 to Contribution Agreement No.
73-2C31-5-836 between the USDA-Natural Resources Conservation Service and the Town
of Southold in connection with an existing Cooperative Agreement between the United States
of America Commodity Credit Corporation and the Town of Southold, dated June 22, 2005, for
$511,900.00. The execution of this amendment will increase funding by $202,705.00, providing
a total of$714,605.00 in financial support available to the Town of Southold for the
implementation of the Federal Farm and Ranch Lands Protection Program FY 2005, all in
accordance with the approval of the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-589
ADOPTED DOC ID: 1159
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-589 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the
Mattituck High School to use Mary's Road, Pike Street,Westphalia Avenue, Sound
Avenue, and Love Lane, Mattituck for its 12tb Annual Homecoming Parade on Saturday,
October 1, 2005 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 immediately after the approval of this resolution to coordinate traffic control.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-590
ADOPTED DOC ID: 1160
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-590 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby grants permission to James
A. Richter to attend a seminar on Public Works Construction Contracts and Documents in
Melville, New York, on October 20, 2005. All expenses for registration, travel and lodging (if
necessary) to be a legal charge to the 2005 budget A.1440.4.600.200 (meetings and seminars).
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-591
ADOPTED DOC ID: 1162
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-591 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid from ACS
Network Services to supply the town with a new Server in the amount of$ 60208.00
all in accordance with the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-592
ADOPTED DOC ID: 1163
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-592 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby grants permission to
Special Proiects Coordinator, Phillip Beltz, to attend the National Conference on
Inclusionary Housing in Washington, DC on October 5-7, 2005. All expenses for registration,
travel and lodging to be a charge to the 2005 General Fund Whole Town Community
Development budget.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-593
ADOPTED DOC ID: 1164
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-593 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby grants permission to
Assistant Town Attorneys, Lori Hulse Montefusco and Kieran M. Corcoran, to attend the
17tb Annual Supreme Court Review Seminar at Touro College Law Center in Huntington,
NY on October 21, 2005. All expenses for registration and travel are to be a charge to the 2005
Town Attorney budget.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-594
ADOPTED DOC ID: 1166
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-594 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby accepts the Irrevocable
Letter of Credit Number 100311 issued by the Bank of Smithtown in the amount of
$705,710 for the proposed Major Subdivision of Cove Beach Estates located at East Marion,
New York, SCTM @1000-22-3-9.1, 18.1 & 18.8, as a substitute for and release the original
Letter of Credit Number Y034116 issued by UBS AG in the amount of$705,710 that was
approved by Town Board Resolution No. 496 of 2004. The substitution is requested by the
applicant, Southold Town Planning Board recommends approval of the substitution, and is
subject to the approval of the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-595
ADOPTED DOC ID: 1167
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-595 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute a Lease Agreement between the Town of Southold
and Margery D. Burns for the parking lot located at 53610 Route 25, Southold(SCTM No.
1000-61-4-3), for an annual rent of$1.00, for a term of one year, with successive one-year terms,
subject to the approval of the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-596
ADOPTED DOC ID: 1168
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-596 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute a Lease Agreement between the Town of Southold
and the Mattituck Park District for the parking lot located at 630 Pike Street, Mattituck
(SCTM No. 1000-140-3-5) for an annual rent of$1.00, for a term of ten years commencing on
January 1, 2007, subject to the approval of the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-597
ADOPTED DOC ID: 1169
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-597 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute the Lease Agreement between the Town of
Southold and the Southold Park District for the parking lot located at 53720 Route 25,
Southold (SCTM No. 1000-61-4-5.1), for an annual rent of$1.00 for a term of two years, with
successive two-year terms, subject to the approval of the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-598
ADOPTED DOC ID: 1170
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-598 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby grants permission to
Building Inspector Gary Fish and Building Inspector George Gillen to attend a seminar
on enforcement of zoning and other local laws in Hauppauge, New York, on October 26,
2005. All expenses for registration, travel and lodging (if necessary) to be a legal charge to the
2005 Building Department budget(meetings and seminars).
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-599
w ADOPTED DOC ID: 1161 B
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-599 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General
Fund Whole Town budget as follows:
From•
A.1620.2.500.100 Chamber Booth Improvements $ 350.00
To:
A.1440.4.600.200 Meeting & Seminars $350.00
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-600
ADOPTED DOC ID: 1165
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-600 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Budget Whole Town 2005 budget as follows:
Revenues•
To:
A.2025.00 Special Recreational Facilities
Park &Playground $12,500
Appropriations:
To:
A.1620.2.500.400 Building & Grounds, Capital Outlay
Park Improvements $12,500
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-601
ADOPTED DOC ID: 1171
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-601 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General
Fund Whole Town budget as follows:
From•
A.3130.1.300.100 Regular Earnings $ 700.00
To:
A.3130.1.300.200 Overtime Earnings $ 700.00
From•
A.3120.2.500.475 K9 Unit $5000.00
To:
A.3120.4.400.650 Vehicle Maintenance & Repairs $5000.00
From•
A.3120.4.400.900 Other Prisoner Detention $ 500.00
To:
A.3120.4.400.600 Radar/Equipment Maintenance $ 500.00
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-602
ADOPTED DOC ID: 1176
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-602 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute an en2a2ement letter in connection with the Single
Audit of the Town of Southold for the year ended December 31, 2005 with Albrecht, Viggiano,
Zureck and Company, P.C. in the amount of $60,000, all in accordance with the approval of the
Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-603
ADOPTED DOC ID: 1177
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-603 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESLOVED that the Town Board of the Town of Southold hereby authorizes and directs the
Lone Island Power Authority(LIPA) to energize the street lights (5) in the Rock Cove
subdivision, located on the south side of Sound Drive, Greenport,New York
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-604
ADOPTED DOC ID: 1178
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-604 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Long Island Power Authority(LIPA) to energize the street lights (6) in the Summit Estates
subdivision
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-605
w ADOPTED DOC ID: 1179 A
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-605 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General
Fund Whole Town budget as follows:
To:
REVENUES
A.3089.75NYS Homeland Security Grant $ 50,000
To:
APPROPRIATIONS
A.3130.2.300.200 Boat $ 50,000
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-606
ADOPTED DOC ID: 1180
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-606 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute the License Agreement between the Town of
Southold and The Long Island Wine Council for the use of office space at Inlet Pond Park for
a period of one year with an automatic renewal for a successive one year period, subject to the
approval of the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-607
ADOPTED DOC ID: 1181
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-607 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute the License Agreement between the Town of
Southold and the North Fork Audubon Society, Inc. for the use of office space at Inlet Pond
Park for a period of one year with an automatic renewal for a successive one year period, subject
to the approval of the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-608
ADOPTED DOC ID: 1182
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-608 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
WHEREAS, the Town Board of the Town of Southold is conducting an uncoordinated SEQR
Review of an Unlisted Action involving an amendment to Chapter 100, Section 100-42 of the
Code of the Town of Southold, regarding the Hamlet Density zoning district; and
WHEREAS, the purpose of the amendment is to expand the variety of housing types permitted
in the HD district, while also requiring site plan approvals for all residential uses, including
single family residences. Specifically, Multiple dwellings, townhouses, row or attached houses
will no longer be special exception uses subject to approval by the Board of Appeals, but rather
would be permitted uses. Additionally, all permitted uses, including one and two-family
residences, would be subject to site plan review and approval by the Planning Board. The
density, bulk and area regulations for these uses would not be changed.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to Part 617 of the SEQR
Regulations, the Town Board of the Town of Southold hereby designates itself as the Lead
A2encv for the SEOR Review of this Unlisted Action.
BE IT FURTHER RESOLVED, that pursuant to Part 617 of the implementing regulations
pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental
Conservation Law, the Lead Agency has determined that the proposed Unlisted Action will
not have a significant adverse effect on the environment for the reasons enumerated in the
attached Negative Declaration Form.
Denis Noncarrow
Southold Town Clerk
Resolution 2005-608 Board Meeting of September 27, 2005
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
Updated: 9/27/2005 9:17 AM by Lynda Rudder Page 2
1'fl RESOLUTION 2005-609
w ADOPTED DOC ID: 1183 A
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-609 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and adopts the
recommendations of the Planning Board and the Zoning Board of Appeals, finding that due
to unique circumstances relating to the history of the real property owned by Daysman and
Nannie Morris, and the Town approvals granted and required, a Park and Recreation fee shall not
be required in connection with their Planning Board application and a$150 refund of fees paid to
the Zoning Board of Appeals is warranted.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-610
ADOPTED DOC ID: 1188
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-610 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes Enviroscience
Consultants, Inc. to provide the Town with an industrial hygiene investigation to identify
conditions in the Town Hall in accordance with their proposal dated September 27, 2005,
subject to the approval of the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-611
ADOPTED DOC ID: 1189
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-611 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 27th day of September, 2005 a Local Law entitled "A Local Law in
relation to Use of Historic Buildings in Residential Districts"now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York,
on the 25th day of October, 2005 at8:00 p.m. at which time all interested persons will be given
an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Use of Historic Buildings in
Residential Districts"reads as follows:
LOCAL LAW NO. 2005
A Local Law entitled, "A Local Law in relation to Use of Historic Buildings in Residential
Districts".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Section 1. Purpose.
The Town Board recognizes that the Town's historic buildings, particularly those with
national or state status, are an important cultural, historic and architectural resource to Southold.
The upkeep and maintenance of these buildings is significant and organizations that seek to
maintain the buildings in their historic status will be permitted,by special exception from the
Board of Appeals, to use the building for community events, professional offices and an
apartment.
Section 2. Code Amendment.
Resolution 2005-611 Board Meeting of September 27, 2005
§100-31. Use regulations.
In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used
and no building or part of a building shall be erected or altered which is arranged, intended or
designed to be used, in whole or in part, for any uses except the following:
B. Uses permitted by special exception by the Board of Appeals. The following uses
are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except
for two-family dwellings and the uses set forth in Subsection B(14) hereof, are subject to site
plan approval by the Planning Board:
(16) Preservation and use of a federal or state designated historic building for the purpose
of hosting community events, together with the use of part of such building for professional
professional
offices and/or one (1) apartment, not to exceed a total of three uses per building, provided that
such building is owned and maintained by a not-for-profit historic organization. In no event
shall there be more than one (1) apartment per building
§100-42. Use regulations.
In the HD District, no building or premises shall be used and no building or part of a
building shall be erected or altered which is arranged, intended or designed to be used, in whole
or in part, for any use except the following:
B. Uses permitted by special exception by the Board of Appeals. The following uses
are permitted as a special exception by the Board of Appeals, as hereinafter provided, and
subject to site plan approval by the Planning Board:
(5) Preservation and use of a federal or state designated historic building for the purpose
of hosting community events, together with the use of part of such building for professional
offices and/or one (1)apartment, not to exceed a total of three uses per building, provided that
such building is owned and maintained by a not-for-profit historic organization. In no event
shall there be more than one (1)apartment per building_
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this
law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
Updated: 9/27/2005 1:39 PM by Patricia Finnegan Page 2
Resolution 2005-611 Board Meeting of September 27, 2005
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
Updated: 9/27/2005 1:39 PM by Patricia Finnegan Page 3
1'fl RESOLUTION 2005-612
ADOPTED DOC ID: 1191
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-612 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to forward the proposed Local Law entitled, "A Local Law in Relation to Use
of Historic Buildings in Residential Districts", to the Southold Town Planning Board and
the Suffolk County Planning Commission for comments and recommendations.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-613
ADOPTED DOC ID: 1190
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-613 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby approves a settlement
agreement with a Town employee dated September 19, 2005, and further authorizes and
directs Supervisor Joshua Y. Horton to execute said agreement.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-614
ADOPTED DOC ID: 1186
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-614 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
RESOLVED that the Town Board of the Town of Southold hereby finds that the adoption of
the local law entitled "A Local Law in relation to No Parking area at the intersection of
Main Bayview Avenue and Corey Creek Lane, Southold" is classified as a Type II Action
pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617.5, and is not subject to review
under SEQRA.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-615
ADOPTED DOC ID: 1187
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-615 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2005:
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 13'h day of September, 2005 a Local Law entitled "A Local Law in
relation to No Parking area at the intersection of Main Bayview Avenue and Corey Creek
Lane, Southold" and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were given an opportunity to be heard, now
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the Local Law
entitled, "A Local Law in relation to No Parking area at the intersection of Main Bayview
Avenue and Corey Creek Lane, Southold" which reads as follows:
LOCAL LAW NO. 14 of 2005
A Local Law entitled, "A Local Law in relation to No Parking area at the intersection of
Main Bavview Avenue and Corey Creek Lane, Southold".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
L Purpose—Parking along both sides of the entrance to Corey Creek Lane from the
intersection of Main Bayview Avenue in Southold has resulted in a dangerous
condition, in which the drivers of vehicles turning onto Main Bayview Avenue
encounter difficulty in viewing oncoming traffic. Accordingly, it is necessary to
prohibit parking along the south side of Main Bayview at the intersection of Corey
Creek Lane both easterly and westerly for a distance of 175 feet in each direction.
II. Chapter 92 of the Vehicle and Traffic Code of the Town of Southold is hereby
amended as follows:
§ 92-41. Parking Prohibited at all times.
Resolution 2005-615 Board Meeting of September 27, 2005
The parking of vehicles is hereby prohibited at all times in any of the following
locations:
Name of Street Side Location
Main BMiew Avenue South In Southold, from the intersection of
Main Bayview both easterly and westerly
for a distance of 175 feet in each direction
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
Updated: 10/5/2005 9:42 AM by Lynda Rudder Page 2
1'fl RESOLUTION 2005-616
ADOPTED DOC ID: 1198
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-616 WAS
ADOPTED AT THE SPECIAL MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 4, 2005:
RESOLVED that the Town Board of the Town of Southold hereby finds that the adoption of
the local law entitled "Temporary Moratorium on the Processing, Review Of, and Making
Decisions on Applications for Site Plans and Special Exception Use Permits for Retail
Stores Over 3000 Square Feet In the Town of Southold" is classified as a Type II Action
pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617.5, and is not subject to review
under SEQRA.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Horton
ABSENT: Louisa P. Evans
1'fl RESOLUTION 2005-617
w ADOPTED DOC ID: 1199 A
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-617 WAS
ADOPTED AT THE SPECIAL MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 4, 2005:
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 19th day of September, 2005, a Local Law entitled, "Temporary
Moratorium on the Processing, Review of, and making Decisions on applications for Site
Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the
Town of Southold"; and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were given an opportunity to be heard, now
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the local law
entitled, "Temporary Moratorium on the Processing, Review of, and making Decisions on
applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000
square feet in the Town of Southold"which reads as follows:
LOCAL LAW NO. 15 2005
Temporary Moratorium on the Processing, Review of, and making Decisions on
applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square
feet in the Town of Southold
BE IT ENACTED BY, the Town Board of the Town of Southold as follows:
Section 1. PURPOSE AND INTENT
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
Resolution 2005-617 Board Meeting of October 4, 2005
that the existing Zoning Code is inadequate to deal with these chain and large-scale businesses that
have been and will, in the near future, be proposed.
The size and population of the Town, the scale of its existing buildings, the traffic and
transportation issues facing the hamlets, and the long-range goals of the Town (as set forth in the
recently adopted Hamlet Study and other past planning studies) dictate that retail and commercial
limits should be established to sustain the hamlets. Regulation on the size, location and appearance
of large chain retail businesses is necessary to address the problems these businesses create.
It is critical that the issues be handled in a comprehensive manner, crucial legislative
decisions made and those decisions implemented. The Town Planning Board and Planning
Department are currently working with the Town Attorney to review the 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 finds that it is reasonable and in the public interest to 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, 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 XXV of the Southold Town Code, including without
limitation, provisions relating to the, processing, reviewing, holding of hearings
and the rendering of decisions. The statutory and locally-enacted time periods
for processing and making decisions on all aspects of said site plan applications
are suspended and stayed while this Local Law is in effect. All terms used in this
Local Law are as defined in §100-13 of the Code of the Town of Southold.
Updated: 10/19/2005 10:33 AM by Lynda Rudder A Page 2
Resolution 2005-617 Board Meeting of October 4, 2005
2) The Zoning Board of Appeals shall not accept for review, continue review, hold
a hearing on, continue a hearing or make any decision upon any application for
a special exception use permit containing a RETAIL STORE over 3000 square
feet, whether submitted prior to or after the effective date of this law, and shall
not be subject to the time periods specified in Town Law § 274-b and Chapter
100 of the Southold Town Code,including without limitation,provisions relating
to the,processing,reviewing,holding of hearings and the rendering of decisions.
The statutory and locally-enacted time periods for processing and making
decisions on all aspects of said special exception use permits are suspended and
stayed while this Local Law is in effect. All terms used in this Local Law are as
defined in §100-13 of the Code of the Town of Southold.
Section 3. APPLICATION
This local law shall apply to ALL [new or pending] applications for site plans or special
exception use permits for RETAIL STORES over 3000 square feet in the Town of Southold.
Section 4. EXCLUSIONS
This Local Law shall not apply to:
1) Site plans for which final or conditional final approval was granted by the Planning
Board prior to the effective date of this local law;
2) Additions to existing retail stores 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 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
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.
Updated: 10/19/2005 10:33 AM by Lynda Rudder A Page 3
Resolution 2005-617 Board Meeting of October 4, 2005
In particular, to the extent and degree any provisions of this Local Law are construed as
being inconsistent with the provisions of Town Law § 274-a, §274-b and the provisions and
requirements set forth in Chapter 100 of the Southold Town Code, which require that the
Planning Board or Zoning Board of Appeals process, review, hold hearings on, and act upon
applications for site plans and special exception use permits within specified time periods, this
local law suspends and stays the running of time periods for processing, review, holding hearings
on, making decisions, and taking action on such applications provided for in those laws and is
intended to supersede and amend any said inconsistent authority.
Section 6. APPEAL PROCEDURES
a. The Town Board shall have the authority to vary or waive the application of any
provision of this Local Law if, in its legislative discretion, upon its determination, the variance or
waiver is required to alleviate an extraordinary hardship. To grant such request, the Town Board
must find that a variance or waiver will not adversely affect the purpose of this local law, the
health, safety or welfare of the Town of Southold, or any comprehensive planning efforts being
undertaken in the Town. The Town Board shall take into account the existing land use in the
immediate vicinity of the property, the range of business opportunities in the vicinity of the
property and the surrounding hamlet, the rural, cultural, historic and business character of the
hamlet, and the impact of the variance or waiver on the open and recreational space, and
transportation infrastructure of the Town. The application must comply with all other applicable
provisions of the Southold Town Code.
b. Any request for a variance or waiver shall be filed with the Town Clerk and shall
include a fee of two hundred fifty ($250.00) dollars for the processing of such application, along
with copies of the site development plan and any related information required in accordance with
the procedures set forth in Chapter 100 of the Southold Town Code.
C. All such applications shall, within five (5) days of filing with the Town Clerk be
referred to the Planning Board, which shall have ten (10) days following receipt to make a
recommendation to approve or disapprove a variance or waiver of this Local Law. The
application and recommendation shall be transmitted to the Town Board. The Town Board may
conduct a public hearing and make a final decision on the application, with or without
conditions. Final approval is reserved to the absolute legislative discretion of the Town Board
Updated: 10/19/2005 10:33 AM by Lynda Rudder A Page 4
Resolution 2005-617 Board Meeting of October 4, 2005
Section 7. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
Section 8. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Horton
ABSENT: Louisa P. Evans
Updated: 10/19/2005 10:33 AM by Lynda Rudder A Page 5
1'fl RESOLUTION 2005-618
ADOPTED DOC ID: 1195
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-618 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 11, 2005:
RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated
October 11, 2005.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-619
ADOPTED DOC ID: 1196
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-619 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 11, 2005:
RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held,
Tuesday, October 25, 2005 at the Southold Town Hall, Southold, New York at 7:30 P. M..
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-620
w ADOPTED DOC ID: 1184 A
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-620 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 11, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to advertise that the Police Department will have surplus property available
for bid www.propertybureau.com (an online auction site)for a period of seventeen (17)
months in both local newspapers for two (2) consecutive weeks
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Daniel C. Ross, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-621
ADOPTED DOC ID: 1185
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-621 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 11, 2005:
RESOLVED that the Town Board of the Town of Southold hereby releases Megan Bence from
the position of seasonal clerk for Fishers Island Ferry District and appoints her to the position of
part time Clerk for the Fishers Island Ferry District effective September 15, 2005, at a rate of
$12.00 per hour.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-622
ADOPTED DOC ID: 1192
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-622 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 11, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to enter into an Intermunicipal Cooperation Agreement with
the Town of Shelter Island providing for the limited shared use of Southold's wood grinder and
Shelter Island's asphalt grinder, subject to the approval of the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-623
ADOPTED DOC ID: 1193
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-623 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 11, 2005:
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the
Mattituck Lions Club to use the following roads for its Annual Halloween Parade on
Monday, October 31, 2005 at 6:00 PM: Pike Street, Westphalia Avenue, Sound Avenue, and
Love Lane, Mattituck, 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 of the approval of this resolution to coordinate traffic control.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-624
ADOPTED DOC ID: 1194
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-624 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 11, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to accept the donation of a 1990 Oldsmobile Cutlass, 4 door
sedan, color brown, in "as is" condition to be used on Fishers Island for the Fishers Island
Conservancy.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-625
ADOPTED DOC ID: 1200
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-625 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 11, 2005:
RESOLVED that the Town Board of the Town of Southold hereby grants permission to
Senior Environmental Planner Mark Terry to attend a NYS Community and Waterfront
Revitalization conference entitled "Heritage Centers & Corridors —Looking Back for the
Future" in Farmingdale, New York, on October 19, 2005. All expenses for registration,
travel and lodging (if necessary) to be a legal charge to the 2005 General Fund Part Town
(B.8020.4.600.200)budget.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-626
ADOPTED DOC ID: 1201
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-626 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 11, 2005:
RESOLVED that the Town Board of the Town of Southold hereby grants permission to
Detective Sergeant John Sinning and Detective Steven Harned to attend a seminar on Sex
Crimes Training in Egg Harbor Township, New Jersey sponsored by MAGLOCLEN,
commencing Wednesday, November 16 through Friday, November 18,2005. All expenses
for registration, travel and lodging to be a legal charge to the 2005 Police training line budget
A.3120.4.600.200.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-627
ADOPTED DOC ID: 1202
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-627 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 11, 2005:
WHEREAS, in 1969 the Town of Southold formally abandoned a roadway known as Swamp
Road in Cutchogue that had never been developed; and
WHEREAS, in 1973 the Town of Southold quit claimed the westerly portion of Swamp Road to
the adjacent property owner, but neglected to do so with regard to the easterly portion; and
WHEREAS, the owners of the easterly portion of Swamp Road have been assessed and are
paying real property taxes to the Town of Southold on that portion; now, therefore,
IT IS HEREBY RESOLVED, that Supervisor Joshua Y. Horton of the Town of Southold is
hereby authorized and directed to sign a Quitclaim Deed with respect to the easterly
portion of Swamp Road, to the current adjacent property owners to the east.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Daniel C. Ross, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-628
ADOPTED DOC ID: 1203
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-628 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 11, 2005:
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Terry
Van Etten, Site Manager and Jean DeLorme, Neighborhood Aide, to attend the Career
Track Supervisory training in Hauppauge, New York on Wednesday, November 16, 2005.
The registration fee of$258.00 for both attendees, and shall be a legal charge to the Southold
Town Senior Services 2005 budget line number A.6772.4.600.500.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-629
w ADOPTED DOC ID: 1204 A
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-629 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 11, 2005:
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Jean
DeLorme, Neighborhood Aide, to attend the Geriatric Care Manager Certificate Education
and Training Program sponsored by Stony Brook University, Manhattan Campus, New
York, November 3— 7, 2005. All expenses for registration, travel and lodging to be a legal
charge to the 2005 Programs for the Aging budget A.6772.4.600.500.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-630
ADOPTED DOC ID: 1205
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-630 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 11, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to advertise for the position of part time clerk typist in the Recreation
Department, 3.5 hours a day, 17.5 hours/week
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-631
ADOPTED DOC ID: 1206
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-631 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 11, 2005:
RESOLVED that the Town Board of the Town of Southold hereby releases Jean Rocco from
the position of Part-Time Mini Bus Driver at the Human Resource Center and be it further
RESOLVED that the Town Board of the Town of Southold hereby appoints Jean Rocco to the
position of a Part-Time Food Service Worker for the Human Resource Center, effective
October 10, 2005, at a rate of$11.28 per hour.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Daniel C. Ross, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-632
ADOPTED DOC ID: 1207
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-632 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 11, 2005:
RESOLVED that the Town Board of the Town of Southold hereby releases Elizabeth
Signorini from the position of Part-Time Home Health Aide, and be it further
RESOLVED that the Town Board of the Town of Southold hereby appoints Elizabeth
Si2norini to the position of Senior Citizens Aide 11 for the Human Resource Center, effective
October 12, 2005, at a rate of$12.51 per hour.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-633
ADOPTED DOC ID: 1208
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-633 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 11, 2005:
RESOLVED that the Town Board of the Town of Southold hereby appoints Beverly J.
Norkelun to the position of a Part-Time Home Health Aide for the Human Resource Center,
effective October 12, 2005, at a rate of$11.28 per hour.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-634
ADOPTED DOC ID: 1210
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-634 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 11, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to advertise for the position of a full time temporary assistant cook for the
Human Resource Center in both papers for two (2) consecutive weeks.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-635
ADOPTED DOC ID: 1211
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-635 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 11, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General
Fund Whole Town budget as follows:
FROM:
A.6772.4.100.500 Programs for the Aging $500.00
Motor Vehicle Parts/ Supplies
TO:
A.6772.4.600.500 Programs for the Aging $500.00
Seminars & Training
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-636
ADOPTED DOC ID: 1212
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-636 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 11, 2005:
RESOLVED that the Town Board of the Town of Southold hereby approves an extension of
Shannon Yalcin's request to extend her leave without pay for 6 additional months from
October 1st through April 1st of 2006 under Section 18 of the CSEA contract. Such leave will
be granted without benefits and upon expiration of such period of leave of absence the employee
shall be restored to same or comparable position of employment if same is available.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-637
ADOPTED DOC ID: 1213
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-637 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 11, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2005 budget as follows:
To:
Revenues:
A.2750.60 Programs for the Aging
Other Agency Grants $5,000.00
To:
Appropriations:
A.1680.2.400.450 Data Processing
PC Peripherals $2,325.00
A.1680.2.400.440 Data Processing
Personal Computers $2,675.00
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-638
ADOPTED DOC ID: 1215
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-638 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 11, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute the Agreement for Service and Statement of Work
between the Town of Southold and HTE VAR,LLC to install a new server and migrate from
current server for Town Hall, subject to the approval of the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-639
ADOPTED DOC ID: 1216
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-639 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 11, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies to the 2005 Solid
Waste District budget, as follows:
To:
Appropriations
SR.8160.1.100.20 Personal Services— Overtime Earnings $ 3,000.00
0
SR.8160.4.100.20 Diesel Fuel $ 10,000.00
0
SR.8160.4.100.55 Komatsu Payloader $ 2,000.00
0
SR.8160.4.100.65 Town Garbage Bags $ 15,000.00
0
SR.8160.4.100.80 Maint—Facilities/Grounds $ 6,000.00
0
SR.8160.4.400.82 Plastic Recycling $ 1,500.00
0
SR.8160.4.600.30 Travel Reimbursement $ 250.00
0
From•
Appropriations
SR.8160.2.400.57 Lawn Mower $ 5,000.00
5
SR.8160.4.400.67 Repairs CAT 816B Compactor $ 3,000.00
5
SR.8160.4.400.81 C&D Removal $ 12,750.00
0
SR.8160.4.400.82 Glass Removal $ 2,000.00
5
SR.8160.4.500.10 NYS DEC Environmental Monitor $ 5,000.00
0
SR.8160.4.500.15 Groundwater Monitoring $ 10,000.00
0
Denis Noncarrow
Southold Town Clerk
Resolution 2005-639 Board Meeting of October 11, 2005
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
Updated: 10/6/2005 3:00 PM by John Cushman Page 2
1'fl RESOLUTION 2005-640
ADOPTED DOC ID: 1217
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-640 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 11, 2005:
RESOLVED that the Town Board of the Town of Southold hereby increases the petty cash
fund of the Solid Waste Management District from $600.00 to $700.00.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Joshua Y. Horton
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-641
ADOPTED DOC ID: 1218
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-641 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 11, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to advertise for bid the sale of excess travel at the Southold Town Transfer
Station.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-642
ADOPTED DOC ID: 1219
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-642 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 11, 2005:
RESOLVED that The Suffolk Times, a newspaper regularly published in the Town of
Southold, which has been entered as a second class mail matter, be and the same is hereby
designated, effective October 14, 2005 as the official newspaper of the Town of Southold for
the publication of notices, resolutions, ordinances and other matter required to be published.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-643
ADOPTED DOC ID: 1220
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-643 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 11, 2005:
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town
Clerk Elizabeth Neville and Network Systems Administrator Lloyd Reisenberg to attend
seminars on GIS Geographic Information Systems sponsored by the New York State
Archives on October 12, 2005 and November 2, 2005 in Hauppauge, New York. Travel shall
be by Town car. A grant application will be applied for in the 2006-2007 grant cycle to initiate
the use of credit cards for payment of services and permits in the Town Clerk's Office and Town
Taxes in the Receiver of Taxes Office.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-644
ADOPTED DOC ID: 1221
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-644 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 11, 2005:
WHEREAS, archives help us anchor our rapidly changing society in the stream of time,
document our stewardship of the present, and remind us of our accountability to future
generations, and
WHEREAS, archives are central to research and education, both now and in the future, and
WHEREAS, the archives of our governments protect the rights of citizens, support the effective
operation of government, and document the evolution of our democracy, and
WHEREAS, archives are essential to understanding the diversity of our society and the
development of our private and non-profit organizations, and
WHEREAS, the sound election,preservation, accessibility and broad use of archival records are
vital to the present and future citizens of the Town of Southold, and
WHEREAS, greater public awareness of archival conditions and increased support for archival
programs in the Town of Southold is urgently needed, and
WHEREAS, the second week in October is being celebrated statewide as NEW YORK
ARCHIVES WEEK, now, therefore, be it
RESOLVED, that the Town Board of the Town of Southold hereby proclaims October 10-17,
2005 ARCHIVES WEEK in the Town of Southold.
Denis Noncarrow
Southold Town Clerk
Resolution 2005-644 Board Meeting of October 11, 2005
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
Updated: 10/7/2005 12:57 PM by Lynda Rudder Page 2
1'fl RESOLUTION 2005-645
ADOPTED DOC ID: 1214
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-645 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 11, 2005:
RESOLVED that the Town Board of the Town of Southold hereby appoints Michelle
Martocchia to the position of a Clerk Typist for the Town Clerk's office, effective October 27,
2005, at a salary of$31,359.26 per annum.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-646
ADOPTED DOC ID: 1224
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-646 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 11, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General
Fund Whole Town budget, as follows:
TO:
A.1410.2.200.300 Filing Equipment $1500.00
FROM:
A.1410.2.100.300 Chairs $1000.00
A.1410.2.200.200 Tape Recorders 500.00
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-647
ADOPTED DOC ID: 1225
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-647 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 11, 2005:
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the
Cutchogue Fire Department to use the following roads for its Annual Halloween Parade in
Cutchogue on October 31, 2005 beginning at 6:00 PM:
Depot Lane
New Suffolk Road
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 of the
approval of this resolution to coordinate traffic control.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-648
ADOPTED DOC ID: 1230
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-648 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 11, 2005:
RESOLVED that the Town Board of the Town of Southold hereby determines that the local
law entitled "A Local Law in Relation to Amendments to Chapter 37" is a Type II action
pursuant to SEORA rules and regulations, and is not subiect to review.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-649
ADOPTED DOC ID: 1232
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-649 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 11, 2005:
RESOLVED, that the Town Board of the Town of Southold, as lead agency, has determined
that the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter
97", is an Unlisted action, and will not have a significant impact on the environment, and be
it further
RESOLVED that the Town Board of the Town of Southold hereby adopts a Negative
Declaration pursuant to SEORA Rules and Regulations for the proposed Local Law.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-650
ADOPTED DOC ID: 1231
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-650 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 11, 2005:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 19th day of September, 2005 a Local Law entitled "A Local Law in
relation to Amendments to Chapter 37" and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were given an opportunity to be heard, now
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the Local Law
entitled, "A Local Law in relation to Amendments to Chapter 37"which reads as follows:
LOCAL LAW NO. 16 2005
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 37".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
L Purpose—In order to promote the effective enforcement of the laws protecting the
Coastal Erosion Hazard Areas within the Town of Southold, it is necessary to make amendments
to the penalties provision of Chapter 37. These amendments are intended to clarify and
strengthen the criminal penalties associated with violations of this law.
IL Chapter 37 of the Code of the Town of Southold is hereby amended as follows:
§37-47. Penalties for Offenses.
An offense of a provision of this Chapter is eff-eiise
is a violation punishable by a fine not exceeding five thousand dollars ($5,000.00) or
Resolution 2005-650 Board Meeting of October 11, 2005
imprisonment for a period not to exceed si� (6) , 15 days or both. Each dayls on which
such ee d-violation of this Chap occurs will constitute a separate additional violation.
Nothing herein wi44 shall be construed to prevent the proper- local authorities of the Town from
taking such other lawful actions^r r,-oeee,a:,,p as may be necessary to restrain, correct or abate
any violation of this Chapter.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Daniel C. Ross, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
Updated: 10/11/2005 3:17 PM by Lynda Rudder Page 2
1'fl RESOLUTION 2005-651
ADOPTED DOC ID: 1233
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-651 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 11, 2005:
WHEREAS there has been presented to the Town Board of the Town of
Southold, Suffolk County, New York, on the 19th day of September, 2005
a Local Law entitled "A Local Law in relation to Amendments to
Chapter 97"AND
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were be given an opportunity to be heard, now
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the Local Law
entitled, "A Local Law in relation to Amendments to Chapter 97"which reads as follows:
LOCAL LAW NO. 17 2005
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 97".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Section L Purpose
In early 2004, an updated Chapter 97 of the Town Code was adopted by the Town Board. The
amended chapter was designed to provide necessary regulation of wetlands and natural
resources throughout the Town of Southold. It has become necessary to snake additional
ainendinents to the Code to ensure for the residents of the Town both a clear understanding of
the Code and continued protection of the natural resources. The ainendinents include addition of
Resolution 2005-651 Board Meeting of October 11, 2005
and amendment to several definitions, reduction in fee for administrative permit, a fee of$50.00
associated with pre-application site visits, establishment of a dock and float fee, elimination of
the notice of violation, and a codification of Trustee policies designed to protect the wetlands
and natural resources of the Town.
Section H Chapter 97 of the Code of the Town of Southold is hereby amended as follows:
§ 97-11. Definitions.
For the purpose of this chapter, the following terms, phrases, words and their derivations shall
have the meaning given herein. When not inconsistent with the context, words in the present
tense include the future; words used in the plural number include the singular number; and words
used in the singular number include the plural number. The word "shall" is always mandatory
and not directory.
CONSTRUCTION AND DEMOLITION(C& D) DEBRIS —Includes but is not limited to
waste cement, concrete, masonry work, brick, tile, sheetrock, plaster, wood shingles and the like
and rubble resulting from remodeling, demolition,repair and building of structures.
HOMEOWNERS' OR HOMES ASSOCIATION—A community association, including a
condominium association, which is organized in a residential development in which individual
owners have a shared interest in the responsibility for open space or facilities.
MATERIAL— Soil, sand, stone, gravel, clay, bog,peat, mud or any other material, including
liquids, organic or inorganic.
NON FERTILIZER—Not to include the use of fertilizers of any type.
OPERATIONS —
A. The removal of material from wetlands or otherwise within Trustee jurisdiction.
B. The deposit or discharge of material on wetlands or otherwise within Trustee jurisdiction.
C. The deposit or discharge of material on any area that results in the transport of said
materials into wetlands or otherwise within Trustee jurisdiction.
D.E The erection, construction, alteration or enlargement of any building, dock,pier, wharf,
bulkhead,jetty, groin or other structure, temporary or permanent, on wetlands, or
otherwise within the Trustees jurisdiction.
E.D. Removing or otherwise affecting the growth of plants in wetlands or otherwise within
Trustee jurisdiction.
STRUCTURE—Any object constructed, installed or placed in, on or under land or water,
including but not limited to a building;permanent shed; deck; in-ground and aboveground pool;
garage; mobile home; road; public service distribution, transmission or collection system; tank;
dock; pier; wharf; groin;jetty; seawall; bulkhead; breakwater; revetment; artificial beach
nourishment; boat rack; trellis; arbor,; gazebo; walkway; statue; sculpture; stairs; or any addition
to or alteration of the same.
Updated: 10/11/2005 3:31 PM by Lynda Rudder Page 2
Resolution 2005-651 Board Meeting of October 11, 2005
WETLANDS (FRESHWATER)—
A. "Freshwater wetlands" as defined in Article 24, Title 1, § 24-0107,
Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law
of the State of New York; or
B. All lands and waters in the town which contain any or all of the following:
(1) Lands and submerged lands commonly called "marshes," "swamps," "sloughs,"
"bogs" and "flats" supporting aquatic or semi-aquatic vegetation of the following types:
(a) Wetland trees which depend upon seasonal or permanent flooding or
sufficiently water-logged soils to give them a competitive advantage over other
trees, including, among others, red maple (Aces^rubruin), willows (Salix spp.),
black spruce (Picea inariana); swamp white oak(Quercus bicolor), red ash
(Fraxinuin pennsylvanica), black ash(Fraxinus nigr^a), silver maple (Ater
sacchar^inuin), American elm (Uhnus ainer^icana) and larch (Lar^ix lar^icina);
(b) Wetland shrubs which depend upon seasonal or permanent flooding or
sufficiently water-logged soils to give them a competitive advantage over other
shrubs, including, among others, alder(Alnus spp.), buttonbush(Cephalanthus
occidentalis), common winterberry(Ilex ver^ticillata) leatherleaf(Chainaedaphne
calyculata), and swamp azalea(Rhododendron viscosuin);
(c) Emergent vegetation, including, among others, cattails (Typha spp.),
pickerelweed (Ponteder^ia cor^data), bulrushes (Scirpus spp.), arrow arum
(Peltandra vir^ginica), arrowheads (Sagittar^ia spp.), common reed (Phr^aginites
austr^alis), wildrice (Zizania aquatica), bur-reeds (Spar^ganiurn spp.), purple
loosestrife (Lythr^uin salicar^ia), swamp loosestrife (Decodon ver^ticillatus) and
water plantain (Alisina plantago-aquatica);
(d) Rooted, floating-leaved vegetation, including, among others, water-lily
(Nyinphaea odor^ata), water shield (Br^asenia schr^eber^i) and spatterdock (Nuphar^
spp.);
(e) Free-floating vegetation, including, among others, duckweed (Lernna
spp.), big duckweed (Spir^odela polyr^hiza) and watermeal (Wo is spp.);
(f) Wet meadow vegetation which depends upon seasonal or permanent
flooding or sufficiently water-logged soils to give it a competitive advantage over
other open land vegetation, including, among others, sedges (Car^ex spp.), rushes
(Juncus spp.), cattails (Typha spp.), rice cut-grass (Leer^sia oryzoides), reed canary
grass (Phalar^is ar^undinacea), swamp loosestrife (Decodon ver^ticillatus) and
spikerush (Eleochar^is spp.);
(g) Bog mat vegetation, including, among others, sphagnum mosses
(Sphagnum spp.), bog rosemary(Androineda glaucophylla), leatherleaf
(Chainaedaphne calyculata), pitcher plant(Sar^r^acenis pur^pur^ea) and cranberries
(Vacciniurn inacr^ocarpon and V. oxycoccos); or
(h) Submergent vegetation, including, among others, pondweeds
(Potainogeton spp.), naiads (Najas spp.)bladderworts (Utr^icular^ia spp.), wild
celery (Vallisner^ia ainer^icana), coontail (Cer^atophylluin deiner^surn), water
milfoils (Myriophylluin spp.)muskgrass (Char^a spp.), stonewort(Nitella spp.),
water weeds (Elodea spp.) and water smartweed (Polygonuin ainphibiurn).
(2) Lands and submerged lands containing remnants of any vegetation that is not
aquatic or semiaquatic that has died because of wet conditions over a sufficiently long
Updated: 10/11/2005 3:31 PM by Lynda Rudder Page 3
Resolution 2005-651 Board Meeting of October 11, 2005
period, provided that such wet conditions do not exceed a maximum seasonal water depth
of six feet and provided further that such conditions can be expected to persist
indefinitely, barring human intervention.
(3) Lands and waters substantially enclosed by aquatic or semiaquatic vegetation as
set forth in Subsection B(1) or be dead vegetation as set forth in Subsection B(2), the
regulation of which is necessary to protect and preserve the aquatic and semiaquatic
vegetation.
(4) The waters overlying the areas set forth in Subsection B 1 and 2 and the lands
underlying Subsection BtD.
§ 97-12. Declaration of Policy, Jurisdiction and Setbacks.
C. Jurisdiction: The following areas are subject to protection under Chapter 97 of the Code of
Southold.
(1) Any freshwater wetland, tidal wetland, beach, bluff, dune, flat, marsh, swamp,
wet meadow, bog, or vernal pool;
(2) Any creek, estuary, stream,pond, canal, or lake;
(3) Land under water;
(4) Land subject to tidal action;
(5) Land within 100 feet of the areas listed above.
D. Setbacks: The following minimum setbacks apply to any and all operations proposed on
residential property within the jurisdiction of the Board of Trustees:
(1) Wetland Boundary
(a) Residence— one hundred (100) feet;
(b) Driveway—fifty(50) feet;
(c) Sanitary leaching pool(cesspool)— one hundred(100) feet;
(d) Septic tank— seventy five (75) feet;
(e) Swimming Pool and related structures—fifty(50) feet;
(f) Landscaping or gardening— fifty(50) feet;
(g) Placement of C&D material- one hundred(100) feet;
(2) Bluff Line
(a) Residence— one hundred (100) feet;
(b) Driveway— one hundred (100) feet;
(c) Sanitary leaching pool(cesspool)— one hundred(100) feet;
(d) Swimming Pool and related structures— one hundred(100) feet;
The Board of Trustees reserves the right to waive or alter these setbacks where site-specific
and/or environmental conditions justify such action.
§ 97-13. Exceptions.
A. The provisions of this chapter shall not affect or prohibit nor require a permit for the
following:
(7) The ordinary and usual maintenance or repair of a man-made pond as defined
in (§ 97-11). This exception does not apply to filling of unlined manmade
Updated: 10/11/2005 3:31 PM by Lynda Rudder Page 4
Resolution 2005-651 Board Meeting of October 11, 2005
ponds.
(8) Proactive restoration or enhancement projects conducted in cooperation with
the Trustees including, but not limited to, salt marsh restoration, eelgrass
plantings or other vegetative enhancement work
(9) Installation or burial of a residential propane tank within 100 feet of wetlands
in an existing, established yard area when more appropriate upland
placement is not possible
B. Nothing contained in this section shall alter the jurisdiction of the Southold Town, Board
of Trustees.
ARTICLE II, Permits
§ 97-20. Permit procedures.
B. Administrative Permit.
The following operations will be considered for Administrative review:
(j) The construction of a permitted bulkhead, which is to replace an
existing functional bulkhead, subject to the following:
[3]Any such activities shall require the addition of a non-turf buffer
area not to exceed twenty (20) feet wide as defined in (§ 97-11).
(k) Minor changes to existing, valid Trustee permits. The Trustees reserve
the right to determine whether the chap qualify qualifyqualify for Administrative
review.
§ 97-21. Application.
A. Contents of Application. A permit may be issued upon the written, verified application of
the person proposing to perform operations on wetlands. Si�i(6) Three 3 copies of the complete
application, including all written descriptions,pictures and surveys, shall be submitted to the
Clerk. Such application shall contain the following information:
(8) Such application shall be accompanied by a survey and topographical map,
created no more than one (1)year prior to the date of application, with contours at
two-foot intervals, showing all wetlands within a two hundred foot(200')radius of
the area from which the removal or in which the deposit of materials is proposed, or
in which structures are to be erected, certified by a registered land surveyor or
registered professional engineer, licensed by the State of New York. Such survey and
topographical map shall show the soundings of the area in which operations are
proposed to be conducted. The horizontal control of said survey shall be based on an
approved local coordinate system. The vertical control for elevations shall be based
on the United States Coast and Geodetic Survey datum.
(18) A completed Local Waterfront Revitalization Program Consistency Assessment
Form.
§ 97-22. Fees.
Updated: 10/11/2005 3:31 PM by Lynda Rudder Page 5
Resolution 2005-651 Board Meeting of October 11, 2005
A. Every application for a permit filed with the Clerk shall be accompanied by a filing fee of
two hundred fifty dollars ($250), which includes the first site visit, no portion of which shall be
refundable. The fee for an Administrative permit shall be fifty dollars ($50). For structures that
have been previously built without a permit the fee will be doubled. If a pre-application site visit
is requested, the feel shall be fifty dollars ($50).
E. Dock and float fee: Every application for a new dock or float shall include a fee equal to
$3/ft of linear length for residential docks and $3ft for commercial docks. Commercial docks are
any structures that are rented, leased or otherwise used to generate income including, but not
limited to, those structures located on properties zoned M1 and M2.
§ 97-23. Processing of application.
A. Pre-Submission Conference. Applicants are encouraged to schedule a voluntary Pre-
submission site visit to discuss the proposed operations with the Board. Discussions in the field
are purely advisory and non-binding but this meeting is intended to facilitate communication
between the applicant and the Board. There will be a fifty dollar($50)*0 fee for this
conference.
§ 97-25. Contents of permit.
Each permit issued hereunder by the Clerk pursuant to a resolution of the Trustees shall be valid
for a period of two (2)years from the date of approval. Said permit may be renewed for two
consecutive one year periods at the discretion and review of the Board. Each permit shall state
the following:
K. A statement that: "The permittee is required to provide evidence that a copy of this
Trustee permit has been recorded with the Suffolk County Department of Real Properties Office
as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall
be provided within ninety(90) calendar days of issuance of this permit'
-
§ 97-27 Construction and Operation Standards
A. General. The following standards are required for all operations within the jurisdiction of
the Trustees:
(4) Fences. In general, fences are prohibited from beaches and wetland areas. Trustees
reserve the right to permit erection of a fence where the applicant has shown that there is a need
to protect their private property. In these rare cases, 0only split rail fences are allowed on
beaches. Feiiees ei beae es Such fences shall be perpendicular to the waterline and not be
closer than ten (10) feet to MHW. Only one posted sign per one hundred(100) linear feet of
fence is allowed. Posted signs shall be o larger than twelve (12) inches by twelve (12) inches
square.
(6) Decks and platforms. No decks or platforms shall be permitted on or near bluffs. Platforms
associated with stairs may not be larger than thirty-two (32)square feet
Updated: 10/11/2005 3:31 PM by Lynda Rudder Page 6
Resolution 2005-651 Board Meeting of October 11, 2005
(8)No structures on beaches, bluffs or dunes unless approved by the Board at its discretion based
on their site inspection.
B. Shoreline Structures.
The following standards are required for all operations relating to shoreline structures on
residential properties. Operations conducted on properties zoned MI or M2 may be given
greater flexibility in these requirements given the water dependent nature of their use.
(1) Bulkheads, Retaining Walls, Revetments and Gabions.
(a) Only in place replacement of existing functional bulkheads (as defined in
§ 97-11) is permitted. In-kind replacement relates to the position and dimensions
and does not necessarily require or allow for the use of the same materials. At
their discretion, the Board may allow for a one time projection of the replacement
structure seaward of the original, only if such placement will not project the
proposed structure seaward of adjacent, neighboring structures and if the
proposed installation is in close proximity to the original structure. Any
subsequent repair or replacement following the first replacement requires the
structure to be built on or landward of the original structure.
(b) Bulkheads on the Sound shall only be permitted when the likelihood of
extreme erosion is demonstrated and it shall not increase erosion on neighboring
properties.
(c) Bulkheads on the Sound must be armored with stone.
(d) All bulkhead construction and renovation work requires the establishment
of a permanent non-turf buffer as defined by § 97-11.
(e) Retaining walls are not permitted unless excessive erosion can be
demonstrated.
(f) In order to prevent the release of metals and other contaminants into the
wetlands and waters of Southold, the use of lumber treated with chromated copper
arsenate (also known as "CCA"), creosote, penta products or homemade wood
preservatives is prohibited for use in sheathing and decking. Preservatives of any
type including but not limited to those listed above cannot be applied to any
bulkheads, retaining walls or revetments after installation. These r-estfi,ties s se
Encapsulated
pilings or native non chemically treated (untreated) lumber only should be used in
sensitive areas.
(g) The use of tropical hardwoods is not permitted unless it is certified by the
Forest Stewardship Council or similar organization.
(h) New bulkheads in creeks and bays are prohibited,unless the operation
involves construction of a low-sill bulkhead.
(i) Machine excavation is prohibited in tidal and freshwater wetland areas.
(i) Individual residential stairs are prohibited on bluffs if the property is part
of an association that maintains a common stairway within a reasonable distance.
(k) No discharge pipes are allowed out of or over bulkheads unless permitted
by the Trustees.
(1) Lighting: Any and all lights associated with bulkheads, retaining wall or
poles in Trustee jurisdiction must be directed on the subject structure and not out
Updated: 10/11/2005 3:31 PM by Lynda Rudder Page 7
Resolution 2005-651 Board Meeting of October 11, 2005
into the adjacent wetland, waterway or property. Lights shall not be on unless the
waterfront is in active use.
(m) Backfilling: Only clean sand can be used for backfilling in eroded and
excavated areas as well as behind new and repaired bulkheads. Garbage,
asphalt,and C&D materials are strictly forbidden for use as backfill behind
bulkheads.
C. In Water.
The following standards are required for all in water operations adjacent to residential properties.
Operations conducted on properties zoned MI or M2 may be given greater flexibility in these
requirements given the water dependent nature of their use.
(1) Jetties and Groins.
General Rules
(a) Only low-profile jetties as defined in § 97-11 will be permitted
(b) Only in place replacement of existing low-profile functional jetties and
groins (as defined in § 97-11) is permitted.
(c) Pre-backfilling of jetties and groins may be required.
(d) In order to prevent the release of metals and other contaminants into the
wetlands and waters of Southold, the use of lumber treated with chromated copper
arsenate (also known as "CCA"), creosote, penta products or homemade wood
preservatives is prohibited for use in sheathing and decking. Preservatives of any
type including but not limited to those listed above cannot be applied to any jetty
or groin after installation
(e) The use of tropical hardwoods is not permitted unless it is certified by the
Forest Stewardship Council or similar organization.
(f) No new jetties or groins will be permitted unless the work results in a net
decrease in the total number of jetties in the subject area.
(g) All applicants for jetties and groins extending across the foreshore shall be
required to give and maintain a public passing way, on the upland,not less than
five (5) feet in width, to enable persons to pass and repass over said structure by
steps or a ramp allowing pedestrian passage
(2) Docks
(a) Standards for Residential and Commercial Docks
It shall be the policy of the Town of Southold that all docks shall be designed,
constructed and located so as to reduce a dock's potential adverse impacts to
navigation, public safety, waterway congestion, access to public trust lands and
water, and natural resources and habitats. The following standards will serve as a
basis for granting, denying, or limiting permits for the construction of docks.
11. Personal watercraft or "jetski" floats cannot be added to any float,
Updated: 10/11/2005 3:31 PM by Lynda Rudder Page 8
Resolution 2005-651 Board Meeting of October 11, 2005
stairway, or dock. without a Trustee Permit.
12. Li lights Any and all ligAny and all lights associated with docks, floats or poles
must be directed on the subject structure and not out into the adjacent
wetland, waterway or property. Lights shall not be on unless the dock is
in active use.
13. Utilities and Water: If power and/or water are to be installed on a
dock, plans for the installation must be provided to the Trustees at the time
of application. Installation of such amenities on an existing permitted
dock requires obtaining a permit amendment from the Trustees.
(b) Dock Locations and Lengths
I. No dock shall be erected or extended if, in the opinion of the
Trustees, such structure would adversely affect navigation, fisheries, shell
fisheries, scenic quality, habitats or wetland areas.
2. Within creeks and other narrow waterways, no dock length shall
exceed 1/3 the total width of the water body. Determination of the length
of the dock must include the dimensions of the vessel.
3. Prohibited Locations and Activities
[a] Given the unique and sensitive natural environmental
characteristics described in the Town of Southold Local Waterfront
Revitalization Plan and the New York State Department of State
Significant Habitat descriptions, no new docks will be permitted,
over vegetated wetlands or such that it causes habitat
fragmentation of vegetated wetlands, in Downs Creek, Hallocks
Bay, Hashamomuck Creek and Pond and West Creek
[b] Machine excavation is prohibited in tidal or freshwater
wetland areas.
[c] Placement of fence, mesh or other material preventing
passage under docks is prohibited.
[d] No Bloating docks, ewer floats,ftftd dock components,ftftd
duck blinds or boats shall f,,e+be stored on tidal wetlands, other
intertidal areas or freshwater wetlands.
(c) Regulations for the Placement and Configuration of Docking Facilities
1. Residential Docks:
[a] Only one dock or mooring is permitted per residential lot.
[b] If any part of a residential dock structure includes a float or
floating dock, the float or floating dock portion shall be designed
so that, with the exception of the pilings,
1. it is no larger than six (6) feet wide and twenty(20)
Updated: 10/11/2005 3:31 PM by Lynda Rudder Page 9
Resolution 2005-651 Board Meeting of October 11, 2005
feet long except on Fishers Island if the need is
demonstrated;
2. no part of the floating dock will contact the
bottomland during a normal low tide.
[c] In determining the permitted length of a proposed
residential dock the Trustees shall seek to maintain lengths
consistent with the other docks (i.e.,pier line) in the waterway
which meet the requirements of this law.
[d] Pilings shall not project more than three (3) feet above the
surface of a dock or catwalk unless a need for greater height is
demonstrated.
[e] All excess fill from installation of pilings must be removed
from tidal or freshwater wetland area on the same day as
installation and disposed of in an approved upland disposal area.
[f] Tie off poles associated with residential docks will only be
permitted to secure one (1)vessel. If the dock utilizes a float the
poles shall not project farther seaward than the outer edge of the
float. If a float is not used the pole(s) can be situated seaward of
the end of the dock sufficient to secure the vessel.
[g] Only one hand rail is permitted on a residential dock unless
the need for two is demonstrated. Rails shall not be higher than
three (3) feet above the surface of the dock and posts shall not be
placed closer than 6 feet on center or larger than 4"x 4" in
dimension.
[h] Residential catwalks and ramps are limited to four(4) feet
in width.
[i] Residential boatlifts, floating or fixed, are prohibited.
ARTICLE III, Administration and Enforcement
§ 97-31. Coordination and Enforcement
The Director of Code Enforcement and/or the Bay Constable are responsible for coordination
and enforcement of the provisions of this chapter. The Director of Code Enforcement and Bay
Constables have the authority to issue violations of this Chapter.
this ehapter- er-iiel- iii eeffipliaffee with a peffnit issued ptifsttafft te this ehapter-, he ffiay iietify t
has beerr-eseiiided.
B. Stieh iietiee shall be iii wfitiffig, shall speeify the vielafieii affd shall state the eeiidifieiis,
Updated: 10/11/2005 3:31 PM by Lynda Rudder Page 10
Resolution 2005-651 Board Meeting of October 11, 2005
G. Sueh notiee shall be served upon the per-son to whem it is dir-eeted by delivering it to him
being eoa&eted and mailing a eopy to stieh per-son by eer-tified mail to his last"&A%
address.
speeified in the notiee of violation�A4er-e there is &videaee of intent to eemply wit-hin the time
speeified and ,,,bons o ist.A4 1, prevent immediate eemplianee.
E. in the event that the per-son upoav�4om a notiee of violation has been served shall fail to
eemply with said notiee wit-hin the time speeif4ed ther-ein or-wit-hin the time speeified in afly
issued to s e per-son ptffsuant to this ..1,apte,-shall be deemed revoked.
F. it shall be tmlawftil f6r- any per-son served with a notiee of violation ptffsuant to § 97 34C—
hereof may r-e"est and shall be granted a hea-r-ing bef6r-e the Tndstees, Provided that stleh Per-s
shall file a *- . est ther-efor-with the Glefkwithia 10 days after- ser-viee of the notiee o
violation. Sueh r-e"est shall have anae�Eed thereto a eopy of the notiee of violation"OH'A4ieh a
modified or-r-eseinded.
Tpdstees shall set a time and plaee f6r-stieh hea-r-ing and shall give the per-son r-e"estiag the same
at least five days' notiee of the time and plaee thereof-.
G. At stieh hea-r-ing, the per-son r-e"estiag the same, or-his representative, shall b
to show ea-useA�, stieh notiee of violation should be modified or-r-eseinded. After-
0 0viously issued, and shall 0 reasons
§ 97-34. Compliance requirements and penalties for offenses.
A. It shall be unlawful for any carter, owner, occupant, builder, architect, contractor or their
agents or any other person to fail to comply with any provisions of this chapter or to fail in any
manner to comply with a written notice, directive or order of the Director of Code Enforcement
or Bay Constable or to conduct any operation in a manner not in compliance with a permit issued
pursuant to this chapter.
B. For each offense against any of the provisions of this chapter or any regulations made
pursuant thereto, or failure to comply with a written notice or order of any Director of Code
Enforcement or Bay Constable within the time fixed for compliance therewith, the owner,
occupant, builder, architect, contractor or their agents or any other person who commits, takes
part or assists in the commission of any such offense or who shall fail to comply with a written
order or notice of the Director of Code Enforcement or Bay Constable shall be subject to the
following fine schedule. Each day on which such violation occurs shall constitute a separate,
additional offense.
(1) Failure to obtain a permit. Any person conducting operations within the
jurisdiction of the Trustees without first obtaining a permit according to the
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Resolution 2005-651 Board Meeting of October 11, 2005
procedures outlined in this chapter shall be subject to fine of not less than $1,000 and
not more than $4,000 or a term of imprisonment of not less than fifteen (15) days nor
more than six(6)months, or both;
(2) Failure to comply with the terms of a permit. Any person failing to comply
with the terms of a permit shall be subject to fine of not less than $500 and not more than
$1,000. For each subsequent offense, the violator shall be guilty of a misdemeanor
punishable by a fine not less than $1,000 nor more than $2,000 or a term of imprisonment
of not less than fifteen(15) days nor more than six (6)months, or both;
(3) Failure to heed a cease and desist order. Any person conducting operations
in direct contradiction to the terms of a cease and desist order shall be subject to fine of
not less than $1000 and not more than $2,000. For each subsequent offense, the violator
shall be guilty of a misdemeanor punishable by a fine not less than $1,000 nor more than
$2,000 or a term of imprisonment of not less than fifteen (15) days nor more than six (6)
months, or both;
(4) Restoration. In lieu or in addition to these punishments, any offender may be
punished by being ordered to restore the affected wetland to its condition prior to the
offense. Any such order shall specify a reasonable time for the completion of such
restoration, which shall be effected under the supervision of the approving authority.
The Trustees reserve the right to require specific re-planting and restoration methods
including specific survivability and success criteria.
(5) Mitigation. When on-site wetlands restoration and creation may be
unfeasible due to technical or other constraints, other mitigative measures such as off-site
wetland restoration or creation may be required.
C. No new permits will be issued to any carter, owner, occupant, builder, architect,
contractor or their agents if they are named as defendants in an outstanding or unresolved
wetland violation.
D. In addition to the above-provided penalties, the Trustees may also, if authorized by the
Town Board, 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.
III. Severability.
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. Effective date
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Denis Noncarrow
Southold Town Clerk
Updated: 10/11/2005 3:31 PM by Lynda Rudder Page 12
Resolution 2005-651 Board Meeting of October 11, 2005
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Daniel C. Ross, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
Updated: 10/11/2005 3:31 PM by Lynda Rudder Page 13
1'fl RESOLUTION 2005-652
ADOPTED DOC ID: 1234
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-652 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 11, 2005:
RESOLVED that the next Town Board work seesion be held on Friday, October 14, 2005, 10:00
a.m. at the Town Hall Annex for the purpose of Budget Review.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-653
ADOPTED DOC ID: 1223
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-653 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 25, 2005:
RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated
October 25, 2005.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Daniel C. Ross, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Horton
ABSENT: Louisa P. Evans
1'fl RESOLUTION 2005-654
w ADOPTED DOC ID: 1222 A
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-654 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 25, 2005:
RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held,
Thursday, November 10, 2005 at the Southold Town Hall, Southold,New York at 7:00 P. M..
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Daniel C. Ross, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Horton
ABSENT: Louisa P. Evans
1'fl RESOLUTION 2005-655
ADOPTED DOC ID: 1254
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-655 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 25, 2005:
Approve the 2006 Preliminary budget, and set 4:00 p.m. and 7:30 p.m., Thursday, November
10, 2005, at the Southold Town Hall, as the time and place for a public hearing on the 2006
Preliminary Budget of the Town of Southold.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Daniel C. Ross, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Horton
ABSENT: Louisa P. Evans
1'fl RESOLUTION 2005-656
ADOPTED DOC ID: 1227
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-656 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 25, 2005:
RESOLVED that the Town Board of the Town of Southold hereby accepts the letter of
resignation from Public Safety Dispatcher Jeffrey S. Biggs, effective Tuesday, November 1,
2005.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Horton
ABSENT: Louisa P. Evans
1'fl RESOLUTION 2005-657
ADOPTED DOC ID: 1228
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-657 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 25, 2005:
Resolved that the Town Board of the Town of Southold hereby modifies the 2005 General
Fund Whole Town Budget as follows:
TO:
A.3130.4.400.650 Vehicle Maintenance & Repairs $10,147.75
FROM:
A.3120.1.600.500 Retirement Reserve $10,147.75
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Horton
ABSENT: Louisa P. Evans
1'fl RESOLUTION 2005-658
w ADOPTED DOC ID: 1235 A
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-658 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 25, 2005:
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the
Oysterponds Union Free School District to use the following roads for its Annual
Halloween Parade in Orient on Monday, October 31, 2005 beginning at 1:15 PM:
Village Lane
Orchard Street
Tabor Lane
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 of the
approval of this resolution to coordinate traffic control.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Horton
ABSENT: Louisa P. Evans
1'fl RESOLUTION 2005-659
ADOPTED DOC ID: 1236
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-659 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 25, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General
Fund Whole Town budget as follows:
From•
A.3157.1.100.100 Regular Earnings $41,925.10
To:
A.3120.4.100.200 Gas & Oil $30,000.00
A.3120.4.400.650 Vehicle Maintenance & Repairs $11,925.10
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Horton
ABSENT: Louisa P. Evans
1'fl RESOLUTION 2005-660
ADOPTED DOC ID: 1237
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-660 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 25, 2005:
RESOLVED that the Town Board of Southold hereby authorizes and directs the Town Clerk
to advertise for a Constable on Fishers Island.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Horton
ABSENT: Louisa P. Evans
1'fl RESOLUTION 2005-661
ADOPTED DOC ID: 1238
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-661 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 25, 2005:
RESOLVED that the Town Board of the Town of Southold hereby sets 8:05 P.M. Tuesday,
November 22, 2005, Southold Town Hall, 53095 Main Road, Southold, New York 11971, as
the time and place for a Public Hearing to hear citizens views on local housing and
community development needs to be met with approximately $142,000 in Community
Development Block Grant funds the Town of Southold expects to receive in April 2006 and
authorizes Town Clerk Elizabeth Neville to publish an"Announcement of Public Hearing
Notice"
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Horton
ABSENT: Louisa P. Evans
1'fl RESOLUTION 2005-662
ADOPTED DOC ID: 1239
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-662 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 25, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General
Fund Whole Town —Building & Grounds budget as follows:
From•
A.1620.2.500.350 Beach Improvements $2,500
To:
A.1620.4.100.100 Miscellaneous Supplies $2,500
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Horton
ABSENT: Louisa P. Evans
1'fl RESOLUTION 2005-663
ADOPTED DOC ID: 1240
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-663 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 25, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General
Fund Whole Town —Building & Grounds budget as follows:
From•
A.1620.2.500.350 Beach Improvements $3,000
To:
A1620.4.100.300 Janitorial Supplies $3,000
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Daniel C. Ross, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Horton
ABSENT: Louisa P. Evans
1'fl RESOLUTION 2005-665
w ADOPTED DOC ID: 1243 A
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-665 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 25, 2005:
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Police
Officers Thomas Hudock and William Brewer to attend a seminar on Basic Interviewing &
Interrogation Techniques in Ithaca, NY sponsored by the State of New York Police
Juvenile Officers Association, Inc., commencing on Monday, November 28 through Friday,
December 2, 2005. All expenses for travel and meals to be a legal charge to the 2005 Police
Training budget line - A.3120.4.600.200.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Horton
ABSENT: Louisa P. Evans
1'fl RESOLUTION 2005-666
ADOPTED DOC ID: 1244
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-666 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 25, 2005:
IT IS HEREBY RESOLVED that the Town Board of the Town of Southold authorizes
Supervisor Joshua Y. Horton to execute any and all documents necessary to effectuate the
release of Letter of Credit Number Y034116 issued by UBS AG in the matter of the proposed
Major Subdivision of Cove Beach Estates, including any warranties and indemnity regarding the
presentation of the Letter of Credit.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Horton
ABSENT: Louisa P. Evans
1'fl RESOLUTION 2005-667
ADOPTED DOC ID: 1245
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-667 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 25, 2005:
RESOLVED that the Town Board of the Town of Southold hereby declares the following
computer equipment to be surplus equipment, and be it further
RESOLVED that the Town Board authorizes the disposal of same as they are unusable and
obsolete.
Equipment Type Asset Class Acquisition Date
Printer 1 47 10/6/1987
Computer 11 45 10/23/1987
Computer 12 45 10/23/1987
Computer 13 45 10/23/1987
Printer 23 46 10/31/1987
Printer 25 47 11/29/1987
Printer 26 46 10/23/1987
Printer 27 47 10/15/1987
Computer 31 44 3/21/1988
Computer 33 45 12/31/1987
Computer 41 45 12/31/1987
Printer 408 47 2/2/1985
Printer 453 46 5/20/1988
Printer 454 46 5/28/1988
Printer 455 47 5/28/1988
Computer 459 45 5/24/1989
Computer 461 45 5/24/1988
Printer 650 47 7/12/1988
Printer 651 47 7/12/1988
Printer 675 47 9/19/1988
Computer 720 44 1/10/1989
Computer 735 44 2/7/1989
Computer 1 736 1 44 1 2/7/1989
Resolution 2005-667 Board Meeting of October 25, 2005
Printer 783 46 7/7/1989
Printer 784 46 7/7/1989
Printer 1142 46 6/6/1989
Printer 1211 47 12/5/1989
Printer 1212 47 12/5/1989
Printer 1214 47 12/5/1989
Computer 1215 45 11/18/1989
Computer 1219 44 12/6/1989
Computer 1223 44 9/8/1989
Computer 1256 45 12/31/1989
Computer 1257 45 12/31/1989
Computer 1261 45 1/7/1990
Computer 1262 45 1/10/1990
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Printer 1353 47 5/22/1991
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Computer 1706 45 3/10/1992
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Computer 1717 44 3/25/1992
Computer 1738 44 4/3/1992
Computer 1754 45 7/7/1992
Computer 1764 44 7/23/1992
Computer 1791 44 1/6/1993
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Printer 1830 46 1/21/1993
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Computer 1834 44 1/27/1993
Updated: 10/25/2005 11:47 AM by Lynda Rudder Page 2
Resolution 2005-667 Board Meeting of October 25, 2005
Computer 1835 44 1/27/1993
Printer 1900 46 1/l/1993
Computer 1906 44 5/18/1993
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Computer 1974 44 1/6/1993
Computer 1980 45 3/7/1994
Computer 1991 45 3/15/1994
Computer 1997 44 6/1/1994
Computer 1998 44 5/2/1994
Computer 1999 44 5/2/1994
Computer 2038 44 3/24/1994
Computer 2039 44 3/24/1994
Computer 2040 44 3/24/1994
Computer 2041 44 3/24/1994
Computer 2042 44 3/24/1994
Computer 2056 44 10/4/1994
Computer 2073 44 7/27/1995
Computer 2075 44 7/27/1995
Computer 2088 44 9/20/1995
Computer 2089 44 10/20/1995
Computer 2096 44 12/25/1995
Computer 2097 44 12/25/1995
Computer 2116 45 12/25/1995
Computer 2197 44 5/31/1996
Computer 2226 44 9/11/1996
Computer 2268 44 6/25/1997
Computer 2310 44 11/18/1997
Computer 2405 44 11/12/1998
Computer 2406 44 11/12/1998
Computer 2407 44 11/12/1998
Computer 2408 44 11/12/1998
Printer 2485 46 10/15/1998
Computer 2552 44 12/15/1999
Computer 3099 40 5/10/1995
Computer 3477 45 3/7/1994
Computer 6546 45 10/15/1998
Denis Noncarrow
Updated: 10/25/2005 11:47 AM by Lynda Rudder Page 3
Resolution 2005-667 Board Meeting of October 25, 2005
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Horton
ABSENT: Louisa P. Evans
Updated: 10/25/2005 11:47 AM by Lynda Rudder Page 4
1'fl RESOLUTION 2005-668
ADOPTED DOC ID: 1247
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-668 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 25, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to sign the 2006 OCFS Program Application for funding for
the Southold Juvenile Aid Bureau, in the amount of$27, 395.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Horton
ABSENT: Louisa P. Evans
1'fl RESOLUTION 2005-669
ADOPTED DOC ID: 1248
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-669 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 25, 2005:
RESOLVED that pursuant to the provisions of Chapter 25 (Agricultural Lands) and Chapter 6
(2% Community Preservation Fund) of the Town Code, the Town Board of the Town of
Southold hereby sets Tuesday, November 22, 2005, at 8:00 p.m., Southold Town Hall, 53095
Main Road, Southold, New York as the time and place for a public hearing for the
purchase of a development rights easement on a portion of the property owned by Flower
Hill Building Corp. Said property is identified as SCTM 41000-69.-3-10.1. The address is
50275 Ackerly Pond Lane, Southold, New York, and is located on the easterly side of Ackerly
Pond Lane, approximately 934 feet northerly from the intersection of Route 25 and Ackerly
Pond Lane (a/k/a Bowery Lane) in Southold. The proposed acquisition is for approximately
22.23 acres (subject to survey) of the approximately 27.1260 acre parcel now before the Town
Planning Department as a proposed conservation subdivision.
The purchase price is $35,000 (thirty-five thousand dollars)per buildable acre. The exact area of
the purchase is subject to a Town provided survey acceptable to the Land Preservation
Committee.
The property is listed on the Town's Community Preservation Project Plan as property that
should be preserved due to its agricultural value.
FURTHER NOTICE is hereby given that a more detailed description of the above mentioned
parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375
Route 25, Southold,New York, and may be examined by any interested person during business
hours.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [4 TO 01
MOVER: John M. Romanelli, Councilman
SECONDER:William P. Edwards, Councilman
AYES: William P. Edwards, Daniel C. Ross, John M. Romanelli, Joshua Y. Horton
ABSTAIN: Thomas H. Wickham
ABSENT: Louisa P. Evans
1'fl RESOLUTION 2005-670
ADOPTED DOC ID: 1249
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-670 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 25, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute the Application for Service between the Town of
Southold and Verizon for the maintenance of the existing Centrex phone lines at the Police
Station, for a term of one year, subject to the approval of the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Horton
ABSENT: Louisa P. Evans
1'fl RESOLUTION 2005-671
ADOPTED DOC ID: 1250
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-671 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 25, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute the Agreement for Service between the Town of
Southold and IBM (International Business Machines Corporation) for the maintenance of
the hardware in connection with the new server for Town Hall, for a term of two years, subject to
the approval of the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Horton
ABSENT: Louisa P. Evans
1'fl RESOLUTION 2005-672
ADOPTED DOC ID: 1241
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-672 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 25, 2005:
RESOLVED that the Town Board of the Town of Southold hereby rejects any and all bids
received on September 8, 2005 for the installation of a new server at Town Hall.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Horton
ABSENT: Louisa P. Evans
1'fl RESOLUTION 2005-673
ADOPTED DOC ID: 1246
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-673 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 25, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to advertise for bids for the purchase of a 4-wheel drive compact tractor for
the Department of Public Works (A.1620.2.500.700 Yard Maintenance Equipment).
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Horton
ABSENT: Louisa P. Evans
1'fl RESOLUTION 2005-674
ADOPTED DOC ID: 1251
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-674 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 25, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General
Fund, Whole Town budget as follows:
From•
A.6772.4.100.500 Motor Vehicle Parts and Supplies $ 700.00
To:
A.6772.4.100.110 Program Supplies and Materials $200.00
A.6772.4.600.300 Travel Reimbursement $500.00
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Horton
ABSENT: Louisa P. Evans
1'fl RESOLUTION 2005-675
ADOPTED DOC ID: 1252
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-675 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 25, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute the License Agreement between the Town of
Southold and the Suffolk County Real Property Tax Service Agency and the Sub-License
Agreement between the Town of Southold and the Cornell Lab of Omitholo2y for the
Suffolk County GIS Basemap computer database, for a term of five years, subject to the approval
of the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Horton
ABSENT: Louisa P. Evans
1'fl RESOLUTION 2005-676
ADOPTED DOC ID: 1256
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-676 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 25, 2005:
RESOLVED that the Town Board of the Town of Southold, in accordance with Section 76-23
of Chapter 76 of the Code of the Town of Southold, hereby determines that the Fishers Island
Sewer District rent owed by Thomas F. and Carolyn Doherty, Jr. in the amount of
$1614.38 for the year of 2005 which rent remains unpaid, shall be levied against the real
property of Thomas F. Doherty, Jr. (Carolyn Juleen Doherty SCTM #1000-12-1-2), and
shall be collected at the same time and in the same manner as Town taxes.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Horton
ABSENT: Louisa P. Evans
1'fl RESOLUTION 2005-677
ADOPTED DOC ID: 1257
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-677 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 25, 2005:
WHEREAS, the Town Board of the Town of Southold is conducting an uncoordinated SEQR
Review of an Unlisted Action involving an amendment to Chapter 1002 of the Code of the Town
of Southold, regarding the use regulations in the AC, R-80, R-120, R-200, R-400 and HD zoning
districts and historic buildings; and
WHEREAS, the purpose of the amendment is to allow the use of historic buildings, particularly
those identified on the State and National Registers of Historic Places, to permit, through special
exception, the use of the building for community events, professional offices and an apartment.
The density, bulk and area regulations for these uses districts not be changed.
NOW THEREFORE BE IT RESOLVED, that pursuant to Part 617 of the SEQR Regulations,
the Town Board of the Town of Southold hereby designates itself as the Lead Agency for
the SEOR Review of this Unlisted Action.
BE IT FURTHER RESOLVED, that pursuant to Part 617 of the implementing regulations
pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental
Conservation Law, the Lead Agency has determined that the proposed Unlisted Action will
not have a significant adverse effect on the environment for the reasons enumerated in the
attached Negative Declaration Form.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Horton
ABSENT: Louisa P. Evans
1'fl RESOLUTION 2005-678
ADOPTED DOC ID: 1258
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-678 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 25, 2005:
WHEREAS the Town Board of the Town of Southold has proposed Local Law entitled "A
Local Law in relation to Use of Historic Buildings in Residential Districts", and
WHEREAS the Town Board of the Town of Southold adopted a negative declaration under the
SEQRA rules and regulations relating to the proposed Local Law, and
WHEREAS the Town Board is in receipt of the Town of Southold Local Waterfront
Revitalization Program(LWRP) Consistency Coordinator's recommendation that the proposed
Local Law is consistent with the Town of Southold LWRP, now therefor be it
RESOLVED by the Town Board of the Town of Southold that the proposed local law entitled
"A Local Law in relation to Use of Historic Buildings in Residential Districts" is consistent
with the Town's LWRP and the policy goals stated therein.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Horton
ABSENT: Louisa P. Evans
1'fl RESOLUTION 2005-679
ADOPTED DOC ID: 1229
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-679 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 25, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Attorney to commence an action in Supreme Court, Suffolk County, against Alfred
Strazza to direct Mr. Strazza to remove an illegal structure in West Creek.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-680
ADOPTED DOC ID: 1259
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-680 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 25, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute an agreement between the Town of Southold and
Milliman Inc. in connection with the actuarial attestation for the 28% subsidy associated with
the Medicare Part"D"benefit to become effective January 1, 2006, said services to be paid for by
PharmaCare Management Services, and said agreement in accordance with the approval of the
Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Horton
ABSENT: Louisa P. Evans
1'fl RESOLUTION 2005-681
ADOPTED DOC ID: 1262
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-681 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 25, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes the settlement
of the claim of Frank McBride & Sons, Inc. relating to property damage suffered and
payment in the amount of$750.00.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Horton
ABSENT: Louisa P. Evans
1'fl RESOLUTION 2005-682
ADOPTED DOC ID: 1263
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-682 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 25, 2005:
RESOLVED that the Town Board of the Town of Southold hereby grants permission for the
Southold PTA to use the following roads on Saturday, October 29, 2005 beginning at
approximately 12:00 P.M. for the Halloween Parade: Silversmith Corner, Main Road, and
Oaklawn Avenue provided they file with the Town Clerk a One Million Dollar Certificate of
Insurance naming the Town Southold as an additional insured and notify Capt. Flatley
immediately to coordinate traffic.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Horton
ABSENT: Louisa P. Evans
1'fl RESOLUTION 2005-683
ADOPTED DOC ID: 1264
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-683 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 25, 2005:
RESOLVED that the Town Board of the Town of Southold hereby appoints Mark Terry as a
member of the East End Transportation Commission to fill the vacancy left by Valerie
Scopaz.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Horton
ABSENT: Louisa P. Evans
1'fl RESOLUTION 2005-684
ADOPTED DOC ID: 1261
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-684 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 25, 2005:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 27th day of September, 2005 a Local Law entitled "A Local Law in
relation to Use of Historic Buildings in Residential Districts" and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were given an opportunity to be heard, now
therefor be it
RESOLVED that the Town Board hereby ENACTS the Local Law entitled, "A Local Law in
relation to Use of Historic Buildings in Residential Districts"which reads as follows:
LOCAL LAW NO. 18 2005
A Local Law entitled, "A Local Law in relation to Use of Historic Buildings in Residential
Districts".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Section 1. Purpose.
The Town Board recognizes that the Town's historic buildings, particularly those with
national or state status, are an important cultural, historic and architectural resource to Southold.
The upkeep and maintenance of these buildings is significant and organizations that seek to
maintain the buildings in their historic status will be permitted, by special exception from the
Board of Appeals, to use the building for community events,professional offices and an
apartment.
Section 2. Code Amendment.
§100-31. Use regulations.
Resolution 2005-684 Board Meeting of October 25, 2005
In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used
and no building or part of a building shall be erected or altered which is arranged, intended or
designed to be used, in whole or in part, for any uses except the following:
B. Uses permitted by special exception by the Board of Appeals. The following uses
are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except
for two-family dwellings and the uses set forth in Subsection B(14) hereof, are subject to site
plan approval by the Planning Board:
(16) Preservation and use of a federal or state designated historic building for the purpose
of hosting community events, together with the use of part of such building for professional
professional
offices and/or one (1) apartment, not to exceed a total of three uses per building, provided that
such building is owned and maintained by a not-for-profit historic organization. In no event
shall there be more than one (1) apartment per building
§100-42. Use regulations.
In the HD District, no building or premises shall be used and no building or part of a
building shall be erected or altered which is arranged, intended or designed to be used, in whole
or in part, for any use except the following:
B. Uses permitted by special exception by the Board of Appeals. The following uses
are permitted as a special exception by the Board of Appeals, as hereinafter provided, and
subject to site plan approval by the Planning Board:
(5) Preservation and use of a federal or state designated historic building for the purpose
of hosting community events, together with the use of part of such building for professional
offices and/or one (1)apartment, not to exceed a total of three uses per building, provided that
such building is owned and maintained by a not-for-profit historic organization. In no event
shall there be more than one (1)apartment per building_
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this
law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
Updated: 10/25/2005 2:49 PM by Lynda Rudder Page 2
Resolution 2005-684 Board Meeting of October 25, 2005
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Horton
ABSENT: Louisa P. Evans
Updated: 10/25/2005 2:49 PM by Lynda Rudder Page 3
1'fl RESOLUTION 2005-685
ADOPTED DOC ID: 1265
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-685 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 25, 2005:
RESOLVED that the Town Board of the Town of Southold hereby calls upon the
Commissioners of the Fishers Island Ferry District to initiate appropriate disciplinary
proceedings against any employee that has pled guilty or been found guilty in connection with
the discharging of raw sewage and untreated sludge into the Thames River and Long Island
Sound in violation of the laws of the United States; and be it further
RESOLVED that the Town Clerk is hereby directed to forward a copy of this resolution to
the Fishers Island Ferry District Commissioners.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Joshua Y. Horton, Supervisor
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Horton
ABSENT: Louisa P. Evans
1'fl RESOLUTION 2005-6841
DEFEATED DOC ID: 1267
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-6841 WAS
DEFEATED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 25, 2005:
RESOLVED that the Town Board of the Town of Southold hereby amends "A Local Law In
Relation to Use of Historic Buildings In Residential Districts" to include the words "as long
as parking is provided on site".
Denis Noncarrow
Southold Town Clerk
RESULT: DEFEATED [1 TO 41
MOVER: Daniel C. Ross, Councilman
SECONDER:Thomas H. Wickham, Councilman
AYES: Daniel C. Ross
NAYS: William P. Edwards, Thomas H. Wickham, John M. Romanelli, Joshua Y. Horton
ABSENT: Louisa P. Evans
1'fl RESOLUTION 2005-686
ADOPTED DOC ID: 1278
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-686 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 10, 2005:
RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held,
Tuesday, November 22, 2005 at the Southold Town Hall, Southold,New York at 7:30 P. M..
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-687
ADOPTED DOC ID: 1279
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-687 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 10, 2005:
RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated
November 10, 2005.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-688
ADOPTED DOC ID: 1255
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-688 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 10, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005
General Fund Whole Town budget as follows:
From•
A.7520.4.400.100 Historic Preservation Comm, C.E.
Public Information $ 3,500.00
To:
A.7520.1.200.100 Historic Preservation Comm, P.S.
P-T Employees, Regular Earnings $ 2,000.00
A.7520.4.100.100 Historic Preservation Comm, C.E.
Supplies & Materials $ 1,500.00
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-689
ADOPTED DOC ID: 1269
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-689 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 10, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute an agreement with the following individual for the
fall 2005 recreation program, all in accordance with the approval of the town attorney. Funding
for the instructor listed below has been budgeted for in the recreation department's 2005
instructor line A7020.4.500.420.
Laurie Stavracos (weight training)................................................................... $25/hour
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-690
ADOPTED DOC ID: 1270
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-690 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 10, 2005:
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of
Robert W. Keith as a member of the Architectural Review Committee, effective December
31, 2005.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-691
ADOPTED DOC ID: 1271
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-691 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 10, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute an Agreement with Cornell Cooperative Extension
—Marine Program in connection with the implementation of the Town of Southold's Local
Water Front Revitalization Program, in the amount of$150,000. (NYS DOS Contract 4006355),
all in accordance with the approval of the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-692
ADOPTED DOC ID: 1272
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-692 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 10, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute an Agreement with Cornell Cooperative Extension
in connection with a Stormwater Management Grant with NYS Department of State, Local
Waterfront Revitalization Program(C40006471) in the amount of $100,000, all in accordance
with the approval of the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-693
ADOPTED DOC ID: 1275
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-693 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 10, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the acceptance of residential leaves and brush at the Southold Town Compost
Site, free of charge, for four (4) weeks in connection with the Fall Cleanup
for the year 2005 (Saturday, November 19 through Sunday, December 18);
and be it
FURTHER RESOLVED, that the Highway Department Fall Cleanup will
commence on Monday, November 28, 2005, in Orient.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-694
ADOPTED DOC ID: 1260
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-694 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 10, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General
Fund Whole Town budget as follows:
From•
A.3130.1.100.100 Regular Earnings $3,000.00
To:
A.3130.4.100.200 Gasoline & Oil $3,000.00
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-695
w ADOPTED DOC ID: 1266 A
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-695 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 10, 2005:
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of
James Kelly from the position of Public Safety Dispatcher I in the Police Department,
effective 0800 hours on October 31, 2005.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-696
ADOPTED DOC ID: 1268
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-696 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 10, 2005:
RESOLVED that the Town Board of the Town of Southold hereby appoints Amanda Susan
Fink to the position of Temporary Full Time Assistant Cook for the Southold Town Senior
Nutrition Center, effective November 14, 2005, at a rate of $12.15 per hour at 40 hours per
week.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-697
ADOPTED DOC ID: 1273
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-697 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 10, 2005:
RESOLVED that the Town Board of the Town of Southold hereby declares the following
equipment to be surplus equipment:
1994 Ford Suburban -VIN 1FMEE11Y2RHA89064 -unknown mileage
2000 Ford Crown Victoria-VIN 2FAFP71WXYX176395 - 106,891 miles
Be it further RESOLVED that the Town Board authorizes and directs the Town Clerk to
advertise for the sale of same. Interested individuals should contact Lt. H. William Sawicki, for
appointment to view vehicles.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-698
ADOPTED DOC ID: 1274
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-698 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 10, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to advertise for bids for the following items for 2006:
Milk for the Human Resource Center
Purchase of Police Department Uniform Clothing
Cleaning of Police Department Uniform Clothing
Gasoline for Town Vehicles
Heating Fuel Oil for Town Buildings
Diesel Fuel Oil for Highway Department and Transfer Station
Bulk Ice Control Rock Salt for the Highway Department
Bulk Ice Control Sand for the Highway Department
Removal/Disposal of Household Hazardous Waste
Removal of Scrap Tires from the Transfer Station
Town Brown Leaf Bags
Town Yellow Garbage Bags
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-699
ADOPTED DOC ID: 1277
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-699 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 10, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005
Solid Waste Management District budget as follows, to provide safety li2htin2 at recycling
area during winter months:
From•
SR.8160.4.500.150 Groundwater Monitoring $ 3,000.00
To:
SR.8160.4.400.700 Equipment Rental $ 3,000.00
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-700
ADOPTED DOC ID: 1280
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-700 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 10, 2005:
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the
Greenport Teachers Association to hold a Dr. Claire 5K run on November 5, 2005 at 9:00
am using the following town roads,providing they file a certificate of insurance with the Town
Clerk's office naming the town as an additional insured and they contact Capt. Flatley for traffic
control:
Main Road (Front Street)
Moore's Lane
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-701
ADOPTED DOC ID: 1281
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-701 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 10, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General
Fund Whole Town budget, as follows:
From•
A.2705.50 Gifts and Donations-Adult Day $ 650.00
Care Donations
To:
A.6772.4.100.120 Adult Day Care Supplies $ 650.00
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Daniel C. Ross, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-702
ADOPTED DOC ID: 1282
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-702 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 10, 2005:
RESOLVED that the Town Board of the Town of Southold hereby approves a leave of
absence, under FMLA (Family Medical Leave Act), to a certain employee commencing
with said employee's last day of actual work on November 23, 2004, through Monday,
December 19, 2005, utilizing accumulated sick.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-703
ADOPTED DOC ID: 1283
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-703 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 10, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 Data
Processing budget as follows:
From•
A.1680.2.400.440 Personal Computers $5000.00
To:
A.1680.2.400.450 Server Peripherals $5000.00
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-704
ADOPTED DOC ID: 1284
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-704 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 10, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 Solid
Waste Management District budget as follows, for the acquisition of containers to address
DEC concerns re2ardin2 the handling of waste in the temporary drop-off area:
From•
SR.8160.4.400.805 MSW Removal $10,000
To:
SR.8160.2.500.600 Misc. Sanitation Equipment $10,000
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Daniel C. Ross, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-705
ADOPTED DOC ID: 1286
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-705 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 10, 2005:
WHEREAS, a Petition for Annexation has been submitted to the Town of Southold and the
Village of Greenport by KACE LI, LLC; and
WHEREAS, the Town of Southold and Village of Greenport have each asserted an intent to
assume lead agency status for the environmental review of the Petition under SEQRA rules and
regulations; and
WHEREAS, the lead agency dispute has been submitted to the New York State DEC for
resolution; now there for
IT IS HEREBY RESOLVED that the Town Board of the Town of Southold requests that the
NYSDEC, assume lead a2ency status with respect to the Petition, in accordance with the
governing DEC rules and regulations promulgated to determine lead agency dispute, and that if
the DEC chooses not act as lead agency, the Town continues its request to be designated lead
agency.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-706
ADOPTED DOC ID: 1287
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-706 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 10, 2005:
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
application of The Whitaker House LLC for transfer of Sanitary Flow Credits at the
Southold Town Hall, 53095 Main Road, Southold, New York on the 6tb day of December,
2005 at 5:00 p.m., at which time all interested persons will be given an opportunity to be heard.
The applicant has requested the transfer of Sanitary Flow Credits in order to allow two (2)
accessory apartments at 8275 Main Road, Southold,N.Y. 11971.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-707
ADOPTED DOC ID: 1292
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-707 WAS
ADOPTED AT THE SPECIAL MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 16, 2005:
WHEREAS, the Town Board of the Town of Southold has met at the time and place
specified in the notice of public hearings on the Preliminary Capital Budget for the fiscal year
beginning on January 1, 2006, and heard all persons desiring to be heard thereon, now, therefore,
be it
RESOLVED that the Town Board of the Town of Southold does hereby adopt such
Preliminary Capital Budget, as amended, as the Annual Capital Budget of this Town for
the fiscal year beginning on the I"January 2006; and be it
FURTHER RESOLVED that such capital budget as adopted by this Board be entered in detail
in the minutes of the proceedings of this Town Board; and be it
FURTHER RESOLVED that the Town Clerk of the Town of Southold shall prepare
and certify copies of said annual Capital Budget as adopted by the Town Board of the Town of
Southold, together with the estimates, if any, adopted pursuant to Section 202a, Subdivision 5 of
the Town Law, and deliver a copy thereof to the County Legislature of the County of Suffolk.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:Thomas H. Wickham, Councilman
AYES: Daniel C. Ross, Thomas H. Wickham, John M. Romanelli, Joshua Y. Horton
ABSENT: William P. Edwards, Louisa P. Evans
1'fl RESOLUTION 2005-708
ADOPTED DOC ID: 1293
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-708 WAS
ADOPTED AT THE SPECIAL MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 16, 2005:
WHEREAS, the Town Board of the Town of Southold has met at the time and place
specified in the notice of public hearings on the Preliminary Budget for the fiscal year beginning
on January 1, 2006, and heard all persons desiring to be heard thereon; now, therefore, be it
RESOLVED that the Town Board of the Town Board of the Town of Southold does hereby
adopt such Preliminary Budget, as amended, as the Annual Budget of this Town for the
fiscal year beginning on the I" day of January 2006; and be it
FURTHER RESOLVED that such budget as adopted by this Board be entered in detail in the
minutes of the proceedings of this Town Board; and be it
FURTHER RESOLVED that the Town Clerk of the Town of Southold shall prepare and certify
copies of said annual budget as adopted by the Town Board of the Town of Southold, together
with the estimates, if any, adopted pursuant to Section 202a, Subdivision 5 of the Town Law, and
deliver a copy thereof to the County Legislature of the County of Suffolk.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:Thomas H. Wickham, Councilman
AYES: Daniel C. Ross, Thomas H. Wickham, John M. Romanelli, Joshua Y. Horton
ABSENT: William P. Edwards, Louisa P. Evans
1'fl RESOLUTION 2005-709
ADOPTED DOC ID: 1296
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-709 WAS
ADOPTED AT THE SPECIAL MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 16, 2005:
ORDER AND DETERMINATION
RESOLVED that the Town Board of the Town of Southold hereby determines that the petition
for annexation filed on July 14, 2005 by applicant KACE LI, LLC complies with the procedural
filing requirements of Article 17; and it is further
RESOLVED by the Town Board of the Town of Southold, based on the considerations set forth
below, that it is not in the over-all public interest to approve such petition for annexation; and it
is therefore
RESOLVED that the Town Board of the Town of Southold DENIES the petition for
annexation submitted by KALE LI, LLC based on the following:
1. The territory proposed to be annexed is a vacant seventeen acre parcel of property
(SCTM41000-40-3-1) located on Rte 48 in Greenport, Town of Southold. The applicant seeks to
annex the property from the Town of Southold to the Village of Greenport to avail itself of the
Village sewer system, water system, electric system and high density zoning laws. However, the
property, if developed as part of the Town, is eligible for Suffolk County Water Authority
service and electric service through LIPA. The property is eligible for connection to the Village
sewer system by virtue of a written agreement/stipulation of settlement between the Village and
the applicant. Further, the property is currently zoned Hamlet Density (HD)which allows four
units to the acre. It is well-settled that"annexation may not be used as a means by which the
owner of land in one municipality may escape the effect of that municipality's local legislation
by having the land transferred to an adjoining municipality." Board of Trustees, Village of
Spring Valley v. Town of Ramapo 264 A.D.2d 519, 694 N.Y.S.2d 712, at 714 (2d Dept. 1999).
In this case, the services are all available without annexation. No evidence has been presented
by the applicant that the land cannot be developed as currently zoned. It thus appears that
applicant seeks annexation merely to avoid the Town's limitations on density and to avail itself
of the greater density allowance permitted by the Village.
2. Municipal annexations are discretionary decisions of the governing body that require SEQRA
review. (See "SEQR Handbook: SEQR and Local Governement" attached hereto as Exhibit
"A".) This Town Board, on August 16, 2005, determined that the proposed annexation is an
Unlisted action, and proposed that the Town of Southold serve as Lead Agency. (See copy of
resolution 4508 of 2005 attached hereto as Exhibit "B".) The Village of Greenport challenged
that determination. The Lead Agency question has been submitted to the Commissioner of the
DEC pursuant to 6 NYCRR Part 617.6(b)(5) for resolution. The Commissioner, in turn,
submitted the matter to the Region One (local) DEC office for input because there are several
Resolution 2005-709 Board Meeting of November 16, 2005
acres of freshwater wetlands on the property. The Region One office replied on October 28, 2005
to the Commissioner's office indicating that insufficient specific information has been provided
by the applicant to allow them to provide meaningful comments. Specifically, they noted the lack
of a plan, rendering or drawing of the proposed project and the lack of a survey with the
freshwater wetland boundary depicted thereon. (See letter from John Pavacic, Regional Permit
Administrator, DEC, to Betty Ann Hughes, Chief, SEQRA and Training, DEC dated October 28,
2005 attached hereto as Exhibit"C".) Importantly, they also noted flaws in the SEQRA process
to date, including the fact that the SEQRA process should have been commenced prior to the
public hearing on August 23, 2005. (In fact, the applicant did not submit the EAF until the public
hearing on August 23, 2005). The Region One office indicated that they may wish to assume
Lead Agency status, and that the project may result in a significant impact to the environment
and an environmental impact statement would need to be prepared. The Town Board would be
agreeable to the DEC assuming Lead Agency status in the SEQRA review. The Town Board
concurs that, based on the information available to date, the project may result in a significant
environmental impact requiring the preparation of an environmental impact statement. At any
rate, the Town Board is unable to approve the annexation at this juncture because the SEQRA
review has not been completed. (It should be noted that the municipality has only ninety days
from the close of the hearing to adopt findings, or the municipality will be deemed to have
approved the annexation. There appears to be a conflict between the time frame dictated in
Article 17 of General Municipal Law and the time in which it takes to perform a SEQRA review
on the annexation. The proposed development of the parcel must be considered in conjunction
with the annexation petition under SEQRA {see Exhibit"A" at D.3.1 and a "hard look" at a
project of this magnitude would be very difficult, if not impossible, under the required time
limits.)
3. The applicant claims that a significant benefit of the annexation would be an "as-of-right"
connection to the Village sewer system. This is no benefit to the Village residents. There is
already an agreement in place to allow the applicant to hook in for a charge. The Village has
previously charged significant hook-up fees for properties outside the Village boundaries. The
applicant has proposed to construct 128 dwelling units on the property, which, as pointed out at
the public hearing (see hearing transcript attached hereto as Exhibit"D") would provide a
significant income to the Village if the applicant is required to pay a hook-up fee. Here, if
annexation were approved, the applicant would not have to pay a hook-up fee. Sewer rents as
income to the Village would be charged in either event, and are not a factor.
4. There is no apparent public benefit to the Village. The overwhelming sentiment at the joint
public hearing was against the annexation. Although the applicant has stated that half of the units
would be classified as "affordable", there is no proposal for keeping them affordable in
perpetuity. Many at the public hearing expressed a need for affordable housing in the Village,
but few saw this proposal as a real solution. Comments at the public hearing included "quick-
fix", "no benefit to the residents of Greenport" and "appalling". See Exhibit"D".
5. The Town of Southold has enacted legislation that mandates twenty-five percent(25%) of all
homes constructed in a subdivision or as part of a residential site plan be classified as
"affordable" or "work force" housing. It is required that these homes be covenanted and the
future sales price be restricted such that they will remain affordable in perpetuity. The homes
must be sold to qualified buyers selected from a lottery of the Town's housing registry. There is
NO requirement in the Village laws that the future sales price be restricted, thereby mandating
Updated: 11/17/2005 1:54 PM by Lynda Rudder Page 2
Resolution 2005-709 Board Meeting of November 16, 2005
perpetual affordability. The applicant has indicated that the units will initially be sold at the
prices mandated by the Southold affordable housing program, and will remain affordable
because they will be small. The Town Board finds that the real estate market on the East End of
Long Island has shown otherwise. A "small" unit in a desirable community is likely to be priced
far above what the average working family in Southold Town can afford. The proposed "quick-
fix" to the affordable housing crisis has no long-term benefit to the public. The Town created
three affordable housing districts in the Town in the past, without perpetual affordability
controls, and these homes are currently half-million dollar homes that are unaffordable to the
average family. Once again, the applicant is seeking to escape the laws of Southold Town by
annexing the property to Greenport, where he will not be required to mandate perpetual
affordability on the resale. As set forth above, annexation to avoid the laws of a municipality is
improper and a misuse of the annexation process.
6. An annexation should not be piecemeal, benefiting one property owner alone. Rather, it
should follow sound planning principles. See Village of Warwick v. Town of Warwick, 56 A.D.
2d 928, 393 N.Y.S.2d 47. The Town of Southold has long engaged in comprehensive planning
for development and land use decisions throughout the Town. The Town recently completed a
hamlet study planning process whereby stakeholders selected from each hamlet prepared
recommendations for the vision and future of their hamlets. Although this parcel is located
within the HALO, or hamlet locus area surrounding the hamlet center, this proposed high-density
development is against "smart-growth" planning principles. The development is located on a
heavily traveled roadway, and is not within walking distance of the Village center,post office, or
stores.
This property is surrounded on three sides by Village property. The surrounding Village
property is parkland, zoned PD (Parkland)by the Village. The property to the north of the parcel
is zoned by the Town as R-80, which is two acre residential zoning. Although the subject parcel
is adjacent to land owned by the Village, it is approximately 4,500 feet(close to a mile) from the
nearest developed portion of the Village, and even farther from the business center. The Village
changed the surrounding land from residential zoning to PD in 1987 in response to directives
from the Department of Environmental Conservation. (See portion of"Review of Hamlet
Density Zoning in Southold Town"report to the Town Board dated February 1994, attached
hereto as Exhibit"E"which recommended rezoning of the parcel to a less intensive residential
district. The Town Board rezoned the subject parcel, which was overturned by the court
following a challenge by Kace LI, LLC on the basis that the rezoning required a supermajority of
the Town Board because the owner had filed a protest petition, and such supermajority was not
achieved.) An updated report on the zoning of this parcel prepared by the Town Planner in 2002
reiterates the recommendation that high density development of this parcel is contrary to the
comprehensive planning and smart growth planning principles utilized in the Town of Southold.
It is estimated that as many as nine of the seventeen acres are freshwater wetlands, and
not buildable. To achieve a density of 128 units, the wetlands would have to be included in the
yield, which is an approach that is clearly not in the over-all public interest. To put 128 dwelling
units on the remaining land runs afoul of the sound planning principles the Town has
implemented over the past 20 years. The density controls in place in the Town are designed to
impose a minimal impact on the environment and the community.
Updated: 11/17/2005 1:54 PM by Lynda Rudder Page 3
Resolution 2005-709 Board Meeting of November 16, 2005
7. The remaining area in the direct vicinity of the subject property receives no benefit from the
annexation, and in fact, is likely to be negatively impacted. Despite the fact that the Town has
not had the opportunity to evaluate the traffic impact, such high density development in that
location is more likely than not going to have a significant impact on the existing residential
properties in the area.
8. The annexation is not in the over-all public interest of the school district. Dr. Charles Kozora,
Superintendant of Greenport Public Schools, appeared at the public hearing and spoke of the
effect of the proposal on the school district. Dr. Kozora projected that, after income from the
development is deducted, there would be a net increase of$1.16 million on the school budget.
This increase would result in a 14% school tax increase at the completion of the project. (See
Exhibit"D" at p.66)
9. The annexation is inconsistent with the policies contained in the Town's Local Waterfront
Revitalization Program, and as such the Town may not approve of the annexation pursuant to
Chapter 95 of the Town Code of the Town of Southold. The Town Board hereby adopts the
recommendation of the LWRP Consistency Coordinator dated November 16, 2005 in this regard.
10. The Town Board finds that the proposal for annexation submitted by the applicant KACE
LI, LLC is not in the over-all public interest. In fact, the sentiment at the public hearing that the
proposal does not benefit anybody but the developer appears true. The proposal does not benefit
the Town, the Village, or the school district.
11. There are no agreements as referred to in Section 707 or 708 of General Municipal Law
between the municipalities, and if there is property or indebtedness it shall be payable in the
manner set forth in those sections.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:Thomas H. Wickham, Councilman
AYES: Daniel C. Ross, Thomas H. Wickham, John M. Romanelli, Joshua Y. Horton
ABSENT: William P. Edwards, Louisa P. Evans
Updated: 11/17/2005 1:54 PM by Lynda Rudder Page 4
1'fl RESOLUTION 2005-710
ADOPTED DOC ID: 1308
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-710 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 22, 2005:
RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated
November 22, 2005.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-711
ADOPTED DOC ID: 1309
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-711 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 22, 2005:
RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held,
Tuesday, December 6, 2005 at the Southold Town Hall, Southold, New York at 4:30 P. M..
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-712
ADOPTED DOC ID: 1317
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-712 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 22, 2005:
RESOLVED that the Town Board of the Town of Southold hereby sets Wednesday, December
14, 2005, 7:00 pm., Southold Town Hall, Southold, New York, as the date and time for a
Special Town Board meeting.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-713
ADOPTED DOC ID: 1285
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-713 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 22, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 Data
Processing budget as follows:
From•
A.1680.4.400.553 Police Systems Maintenance $1000.00
To:
A.1680.4.400.558 PC Software Maintenance $1000.00
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-714
ADOPTED DOC ID: 1291
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-714 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 22, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General
Fund Whole Town budget as follows:
From•
A.3130.4.400.600 Buoy Maintenance $1,100.00
To:
A.3130.4.100.600 Uniforms & Accessories $1,100.00
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-715
ADOPTED DOC ID: 1295
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-715 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 22, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General
Fund, Whole Town budget as follows:
TO:
Revenues•
A.3089.00 Miscellaneous State Aide $24,187
Record Archives Grant
TO:
Appropriations:
A.1460.2.200.500 Records Management Officer, Equip $24,187
Office Equipment, Computer Equipment
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-716
ADOPTED DOC ID: 1297
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-716 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 22, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 Building
& Grounds budget as follows:
From•
A.1620.2.500.350 Beach Improvements $5,000
To:
A.1620.4.100.250 Heating Fuel $5,000
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-717
ADOPTED DOC ID: 1300
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-717 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 22, 2005:
RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution #697,
adopted at the November 10, 2005 regular Town Board meeting,which read as follows:
RESOLVED that the Town Board of the Town of Southold hereby declares the following
equipment to be surplus equipment:
1994 Ford Suburban -VIN 1FMEE11Y2RHA89064 -unknown mileage
2000 Ford Crown Victoria-VIN 2FAFP71WXYX176395 - 106,891 miles
Be it further RESOLVED that the Town Board authorizes and directs the Town Clerk to
advertise for the sale of same. Interested individuals should contact Lt. H. William Sawicki, for
appointment to view vehicles.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-718
ADOPTED DOC ID: 1301
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-718 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 22, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General
Fund Whole Town budget as follows:
From: A.6772.1.200.100 Programs for the Aging $ 1,000.00
Personnel Services
Part Time Employees
To: A7020.1.200.100 Recreation $ 1,000.00
Personnel Services
Part Time Employees
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-719
w ADOPTED DOC ID: 1302 A
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-719 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 22, 2005:
RESOLVED that the Town Board of the Town of Southold hereby appoints Jill M. Franke to
the position of Part Time Clerk Typist for the Recreation Department, effective November
28, 2005, at a rate of$11.02 per hour.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-720
ADOPTED DOC ID: 1303
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-720 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 22, 2005:
RESOLVED that the Town Board of the Town of Southold hereby appoints Josh Elsensohn,
of Bozrah, CT, to the position of a full time purser for the Fishers Island Ferry District,
effective November 24, 2005 at a rate of$14.00 per hour.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-721
ADOPTED DOC ID: 1304
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-721 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 22, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 Street
Li2htin2 budget as follows:
From•
A.5182.1.100.100 Personal Services $3,500
To:
A.5182.4.400.600 Contracted Services $3,500
Light Maintenance/Repair
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-722
ADOPTED DOC ID: 1306
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-722 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 22, 2005:
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the
following elected or appointed officials to attend the Annual Meeting of the Association of
Towns in New York City on February 19-22, 2006: Supervisor, Councilmen, Town Clerk,
Town Assessors, Town Attorney, Assistant Town Attorneys, Town Engineer, Town
Justices, Justice Court Clerks, Executive Assistant to Supervisor, Receiver of Taxes Clerk
Vicki DeFriest, Superintendent of Highways, Deputy Comptroller, Solid Waste
Coordinator, Building Department (Patricia Conklin and Damon Rallis), Code
Enforcement Officer, and Planning Department's Senior Environmental Planner Mark
Terry; and be it
FURTHER RESOLVED that the Members of the Zoning Board of Appeals and Planning
Board are granted permission to attend the Annual Meeting of the Association of Towns on
a day trip basis.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Daniel C. Ross, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-723
w ADOPTED DOC ID: 1120 A
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-723 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 22, 2005:
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York on the 22nd day of November, 2005, a Local Law entitled "A Local Law in
Relation to No Parking on Oaklawn Avenue, Southold, New York", now therefor be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold New York on
the 6tb day of December, 2005 at 5:05 p.m., at which time all interested persons will be given
an opportunity to be heard.
This proposed "Local Law in Relation to No Parking on Oaklawn Avenue, Southold, New
York", which reads as follows:
Local Law of 2005
L Purpose- The purpose of this Local Law is to restrict parking on Oaklawn Avenue to provide
additional safety for vehicle traffic and maintain the rural character of the neighborhood.
Chapter 92 (Vehicles & Traffic) of the Code of the Town of Southold is hereby amended as
follows:
1. Article IV, Section 92-42 (Parking Prohibited during Certain Hours) is hereby
amended as follows:
Name of Street Side During Months Locations
And Hours
Oaklawn Avenue East September to 2-78 900 feet in a northerly
And including direction from the
June between inter-section of
The hours of Jernick Lane
8 a.m. and
4 p.m.
Resolution 2005-723 Board Meeting of November 22, 2005
Oaklawn Avenue West September to 22-5 900 feet in a
And including northerly direction
June between from the intersection
The hours of of the southern exit
8 a.m. and of the Southold
4 p.m. Elementary School
Driveway
IL Severability. If a section or subsection, paragraph, clause, phrase or provision of this law shall
be judge invalid or held unconstitutional by any court of competent jurisdiction, any judgment
made thereby shall not affect the validity of this law as a whole or any part thereof other than
the part or provision so adjudged to be invalid or unconstitutional.
IV. This Local Law shall take effect immediately upon filing with the Secretary of State.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Daniel C. Ross, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
Updated: 11/18/2005 9:13 AM by Lynda Rudder A Page 2
1'fl RESOLUTION 2005-724
ADOPTED DOC ID: 1298
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-724 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 22, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 Building
& Grounds budget as follows:
From•
A.1620.2.500.375 Boat Ramp Improvements $2,800
To:
A.1620.2.500.250 Power Equipment $2,800
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-725
ADOPTED DOC ID: 1299
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-725 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 22, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 Building
& Grounds budget as follows:
From•
A.1620.2.500.375 Boat Ramp Improvements $7,500
To:
A.1620.4.100.100 Miscellaneous Supplies $7,500
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-726
ADOPTED DOC ID: 1305
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-726 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 22, 2005:
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of All
Island Equipment, 39 Jersey Street,West Babylon, NY 11704 to supply the town with a
Massey Fer2usen Model 1523, 4-Wheel Drive Compact Tractor, as per the Town of
Southold Bid Specifications dated October 25, 2005 in the amount of$ 11,400 all in accordance
with the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-727
ADOPTED DOC ID: 1307
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-727 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 22, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005
Tree Committee budget as follows:
Appropriations:
To: A. 8560.4.400.200 Trees & Tree Maintenance $ 7,750.00
From: A. 8560.1.200.100 Personnel Services $ 1,200.00
Revenues•
To: A.2705.30 Tree Committee Donations $ 6,550.00
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-728
ADOPTED DOC ID: 1310
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-728 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 22, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005
General Fund Whole Town budget as follows:
To:
A.9015.8.000.000 Police Retirement $58,000
A.9055.8.000.100 Employee Benefit Fund 53,225
A.9060.8.000.000 Hospital & Medical Insurance 51,000
A.9089.8.000.100 Medical Plan Buyout 250
A.9710.6.000.000 Serial Bond Principal 25,000
From•
A.9010.8.000.000 Employees Retirement $27,675
A.9040.8.000.000 Workers Compensation 28,475
A.9710.7.000.000 Serial Bond Interest 25,000
A.9901.9.000.000 Transfers to Health Fund 53,000
A.9901.9.000.300 Transfers to Risk Retention Fund 53,325
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-729
ADOPTED DOC ID: 1311
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-729 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 22, 2005:
RESOLVED that the Town Board of the Town of Southold hereby appoints Victoria A. Tello
to the position of Detention Attendant/Interpreter for the Police Department, effective
November 23, 2005, at a rate of $13.17 per hour.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-730
ADOPTED DOC ID: 1312
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-730 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 22, 2005:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 22nd day of November, 2005 a Local Law entitled "A Local Law in
relation to Size Limitations on Retail Uses" now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the
14tb of December, 2005 at 7:00 p.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Size Limitations on Retail
Uses" reads as follows:
LOCAL LAW NO. 2005
A Local Law entitled, "A Local Law in relation to Size Limitations on Retail Uses".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
L Purpose— The goals of the Town of Southold, as set forth in numerous planning
documents over the past twenty years, include the preservation of land, preservation of the rural,
cultural and historic character of the hamlets,preservation of the Town's natural environment
and natural resources, promotion of a range of housing and business opportunities that support a
socio-economically diverse community, and an increase in transportation efficiency while
preserving the scenic and historic attributes of the Town. The Town of Southold Hamlet Study,
adopted by the Town Board in 2005, recommended amendments to the zoning code which would
strengthen the business centers and encourage businesses that support the east end lifestyle. The
study concludes that large-scale commercial activity is inconsistent with the community
character of the Town, and would be inappropriate. The Local Waterfront Revitalization Plan
(LWRP), also adopted by the Town Board in 2005, mandates that all new development should be
integrated in the hamlets in a manner that is compatible with the community character, and the
economic vitality of the business districts should be enhanced.
Resolution 2005-730 Board Meeting of November 22, 2005
A report prepared for the Town Board by Mark Terry, Acting Department Head, dated
November 2005 titled the "Impacts of Big Box and Large Retail Stores on Community Business
and Proposed Amendments to the Town of Southold Town Code"highlights the detrimental
effects large scale commercial development can have on small towns. The Town of Southold's
unique geography coupled with these potential detrimental effects on the community have
prompted the Town Board to prepare this Local Law.
The Town Board enacted a temporary moratorium on retail site plans and special exception use
permits over 3000 square feet in October 2005 in order to allow the Town the opportunity to
grapple with the issue and adequately prepare a solution to the mounting pressure from large
scale retailers.
This Local Law is intended to place a limit on the size of retail uses in the Town of Southold, in
order to preserve the community character of the hamlets and the sustainability of the business
districts. In addition, the law provides that those seeking larger businesses will also provide
rental apartments in the structure, thus contributing to a wider range of new housing
opportunities in the downtown areas.
IL Chapter 100 of the Code of the Town of Southold is hereby amended as follows:
§ 100-13. Definitions.
SHOPPING CENTER—A group of retail and service businesses which have an
integrated architectural and site design and which have an anchor tenant consisting of either a
supermarket or a department store if the anchor tenant encompasses a minimum of 25,999
10,000 square feet of area.
§ 100-91. Use Regulations.
In the HB District, no building or premises shall be used and no building or part of a
building shall be erected or altered which is arranged, intended or designed to be used, in whole
or in part, for any uses except the following:
A. Permitted uses. The following are permitted uses and, except for those uses
permitted under Subsection A(1), A(2), A(3) and A(20) hereof, are subject to site plan approval
by the Planning Board:
(7) Retail stores, up to a maximum of 3,000 square feet of gross floor area for
each retail store (inclusive of all floor area associated with the retail store) in any
building. Notwithstanding the provisions of the Bulk Schedule for Business,
Office and Industrial Districts, the maximum total size of any building including
such retail stores shall be 15,000 square feet of gross floor area.
B. Uses permitted by special exception by the Board of Appeals. The following uses are
permitted as a special exception by the Board of Appeals as hereinafter provided, except
Subsection (10) which may be permitted as a special exception by the Planning Board, and all
such special exception uses shall be subject to site plan approval by the Planning Board.
Updated: 12/2/2005 10:01 AM by Lynda Rudder Page 2
Resolution 2005-730 Board Meeting of November 22, 2005
(10) Retail stores in excess of 3,000 square feet of gross floor area(inclusive of
all floor area associated with the retail store), up to a maximum of 6,000 square
feet of such gross floor area, subject to the following requirements:
(a) For each and every additional 1,000 square feet of gross floor area
(or portion thereof) associated with the retail store, the applicant shall
provide an accessory apartment subject to the requirements of Subsection
C below. Such accessory apartment shall either be owner-occupied or
leased on a yearly basis, and the owner shall be required to provide
documentation demonstrating such facts.
(b) Compliance with the design standards for retail establishments in
effect as adopted by the Town Board of the Town of Southold by
resolution.
§ 100-101. Use regulations.
In the B District, no building or premises shall be used and no building or part thereof
shall be erected or altered which is arranged, intended or designed to be used, in whole or in part,
for any uses except the following:
A. Permitted uses. The following uses are permitted uses and, except for those uses
permitted under Subsection A(1), (12) and (13) hereof, are subject to site plan approval by the
Planning Board:
(2) Any permitted use set forth in and regulated by § 100-91A(3) to (21) of
the Hamlet Business District, except Subsection A(7) as applicable in the
Business District is herein modified as follows:
(a) Retail stores, up to a maximum of 4,000 square feet of gross floor
area for each retail store (inclusive of all floor area associated with the
retail store) in any building. Notwithstanding the provisions of the Bulk
Schedule for Business, Office and Industrial Districts, the maximum total
size of any building including such retail stores shall be 15,000 square feet
of gross floor area.
(b)� Retail stores located in a shopping center existing as of January 1,
2006, up to a maximum of 7,000 square feet of gross floor area for each
retail store (inclusive of all floor area associated with the retail store).
B. Uses permitted by special exception by the Board of Appeals. The following uses
are permitted as a special exception by the Board of Appeals as hereinafter provided, except
Subsections (17) and(18) which may be permitted as a special exception by the Planning Board,
and all such special exception uses shall be subject to site plan approval by the Planning Board.
(17) Retail stores in excess of 4,000 square feet of gross floor area(inclusive of
all floor area associated with the retail store), up to a maximum of 7,000 square
feet of such gross floor area, subject to the following requirements:
Updated: 12/2/2005 10:01 AM by Lynda Rudder Page 3
Resolution 2005-730 Board Meeting of November 22, 2005
(a) For each and every additional 1,000 square feet of gross floor area
(or portion thereof) associated with the retail store, the applicant shall
provide an accessory apartment subject to the requirements of Subsection
C below. Such accessory apartment shall either be owner-occupied or
leased on a yearly basis, and the owner shall be required to provide
documentation demonstrating such facts.
(b) Compliance with the design standards for retail establishments in
effect as adopted by the Town Board of the Town of Southold by
resolution.
(18) Retail stores in excess of 7,000 square feet of gross floor area(inclusive of
all floor area associated with the retail store), up to a maximum of 15,000 square
feet of such gross floor area, subject to the following requirements:
(a) The retail store(s) shall be located in a shopping center existing as
of January 1, 2006.
(b) The Planning Board shall determine whether the proposed retail
stores will have an undue adverse impact on the community. In making
such a determination, the Planning Board shall conduct or hire a
consultant to conduct a Market and Municipal Impact Study, at the
expense of the applicant. Such study shall include an analysis of the
projected impact of the retail store(s) on:
i. The existing local retail market, including market shares, if
applicable.
ii. The supply and demand for local retail space.
iii. Local wages, benefit and employment.
iv. Revenues retained within the local economies of the Town
of Southold.
V. Public service and facilities costs.
vi. Public revenues.
vii. Impacts on municipal taxes.
viii. Impacts of property values in the community,
ix. Effects on retail operations in the surrounding market area.
X. Employee housing needs, if applicable.
xi. The Town of Southold's ability to implement its
Comprehensive Plan consistent with the proposed project.
(c) Compliance with the design standards for retail establishments in
effect as adopted by the Town Board of the Town of Southold by
resolution.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this
law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
Updated: 12/2/2005 10:01 AM by Lynda Rudder Page 4
Resolution 2005-730 Board Meeting of November 22, 2005
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
Updated: 12/2/2005 10:01 AM by Lynda Rudder Page 5
1'fl RESOLUTION 2005-731
ADOPTED DOC ID: 1313
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-731 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 22, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to advertise for the position of Senior Planner in the Suffolk Times, and be it
further
RESOLVED that the Town Board authorizes and directs the Planning Board to advertise
the position on the American Planning Association's Job Mart website.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-732
ADOPTED DOC ID: 1314
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-732 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 22, 2005:
RESOLVED that the Town Board of the Town of Southold authorizes Supervisor Horton to
retain L.K. McLean Associates to perform en2ineerin2 services in coniunction with the
preparation of bid package and related site improvements at the Animal Shelter, at a cost of
$8,250,00 pursuant to the proposal dated November 18, 2005.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Daniel C. Ross, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-733
ADOPTED DOC ID: 1315
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-733 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 22, 2005:
RESOLVED that the Town Board of the Town of Southold hereby directs the Town Clerk to
transmit the proposed Local Law entitled, "A Local Law In Relation to Size Limitations on
Retail Uses" to the Suffolk County Planning Department and the Southold Town Planning
Board for their recommendations.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-734
ADOPTED DOC ID: 1316
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-734 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 22, 2005:
WHEREAS, the County of Suffolk owns a parcel of property located at the corner of Main
Road and Chapel Lane, Greenport, known as SCTM4 1000-45-1-10; and
WHEREAS the County intends to retain the property as parkland in its undeveloped condition
in perpetuity, and transfer the Sanitary Flow Credits to the Town of Southold; and
WHEREAS the Sanitary Flow Credits associated with the parcel of property will be banked in
accordance with Chapter 87 of the Southold Town Code and used only for affordable housing
purposes; and
WHEREAS the credits will be transferred to the Town of Southold Bank at no cost to the Town,
and the County will require only that the credits be made available for affordable housing at no
cost to the eventual recipient of the credits; and it is therefore
RESOLVED that the Town Board of the Town of Southold hereby requests the County of
Suffolk to transfer the aforementioned Sanitary Flow Credits to the Town of Southold and
further authorizes the Supervisor to take all necessary steps to deposit the credits into the
Town Bank, including the execution of all necessary documents and payment of any
necessary expenditures associated with acquisition; and be it further
RESOLVED that the Town Clerk is hereby authorized to forward a certified copy of this
resolution to County of Suffolk, Kevin Law, Deputy County Executive, H. Lee Dennison
Building, 100 Veterans Memorial Highway, P.O. Box 6100, Hauppauge,New York 11788;
County of Suffolk, Department of Planning, Division of Real Estate, Patricia Zielenski, P.O. Box
6100, Hauppauge, NY 11788; Elaine Harrison, Office of the Suffolk County Treasurer, 330
Center Drive, Riverhead,New York 11901; Honorable Michael J. Caracciolo, Legislator, First
Resolution 2005-734 Board Meeting of November 22, 2005
District, 423 Griffing Avenue, Riverhead, New York 11901; the Supervisor's Office; the Land
Preservation Department; the Special Projects Coordinator and the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Daniel C. Ross, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
Updated: 11/22/2005 3:07 PM by Lynda Rudder Page 2
1'fl RESOLUTION 2005-735
ADOPTED DOC ID: 1318
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-735 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 22, 2005:
RESOLVED that the Town Board of the Town of Southold hereby sets the following prices for
Sanitary Flow Credits transferred from the Sanitary Flow Credit Bank to an applicant
pursuant to the procedures set forth in Chapter 87 of the Town Code:
$7500 per credit to be used to create an accessory apartment
$12,500 per credit to be used to create a single family home
Each credit is equivalent to 300 gallons per day of sanitary flow. A credit may be transferred to
an applicant in fractional amounts no smaller than a tenth of a credit.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [5 TO 11
MOVER: Daniel C. Ross, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
NAYS: John M. Romanelli
1'fl RESOLUTION 2005-736
ADOPTED DOC ID: 1319
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-736 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 22, 2005:
RESOLVED that the Southold Town Board hereby authorizes and directs the Southold Town
Planning Board to submit an application to the Department of State Ouality Communities
Program (2005-2006) for Environmental Protection Funds to develop local laws, land use
regulations and provide graphic support to implement the Town of Southold Comprehensive
Plan documents including the Town of Southold Hamlet Study, and be it further
RESOLVED that the Southold Town Board authorizes and directs the Supervisor to execute
all financial and/or administrative processes, and
WHEREAS, the funds solicited through this program will be used for the purposes of or
development of local laws, land use regulations and graphic support to implement the Town of
Southold Comprehensive Plan documents including the Town of Southold Hamlet Study in an
amount not to exceed up to $75,000 (seventy-five thousand dollars) and that the town will
commit up to $15,000 (fifteen thousand dollars) in match (the match will include in-house staff
salaries, copying and materials), now therefore be it
RESOLVED that the Town of Southold supports this proiect to develop local laws,land use
regulations and provide graphic support to implement the Town of Southold
Comprehensive Plan documents including the Town of Southold Hamlet Study.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Daniel C. Ross, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-737
ADOPTED DOC ID: 1289
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-737 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 22, 2005:
WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights
easement on part of a certain parcel of property of agricultural lands owned by Flower Hill
Building Corp. pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town
of Southold. Said property is identified as SCTM 41000-69.-3-10.1 and 50275 Ackerly Pond
Lane, Southold,New York, and is located on the easterly side of Ackerly Pond Lane (a/k/a
Bowery Lane) in Southold. The development rights easement comprises approximately 22.23
acres of the 27.1260 acre property. The exact area of the development rights easement is subject
to a Town-provided survey acceptable to the Land Preservation Committee. The purchase price
is $35,000 (thirty-five thousand dollars)per buildable acre. The property is listed on the Town's
Community Preservation Project Plan as property that should be preserved due to its agricultural
value; be it therefore,
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
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; be it further
RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact
on the environment and declares a negative declaration pursuant to SEORA Rules and
Regulations for this action.
Resolution 2005-737 Board Meeting of November 22, 2005
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [5 TO 01
MOVER: William P. Edwards, John M. Romanelli
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Romanelli, Evans, Horton
ABSTAIN: Thomas H. Wickham
Updated: 11/17/2005 2:35 PM by Lynda Rudder Page 2
1'fl RESOLUTION 2005-738
ADOPTED DOC ID: 1290
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-738 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 22, 2005:
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 the property owned by Flower Hill Building
Corp. on the 22nd day of November, 2005,pursuant to the provisions of Chapter 25
(Agricultural Lands Preservation) and Chapter 6 (2% 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 SCTM 41000-69.-3-10.1 and 50275 Ackerly Pond
Lane, Southold,New York, and is located on the easterly side of Ackerly Pond Lane
approximately 934 feet northerly of the intersection of Route 25 and Ackerly Pond Lane (a/k/a
Bowery Lane) in Southold; and
WHEREAS, the majority of the property is located within the Agricultural-Conservation (A-C)
Zoning District and 1.3 acres is located within the Residential Office (RO) Zoning District; and
WHEREAS, the development rights easement comprises approximately 22.23 acres of the
27.1260 acre property. The exact area of the acquisition is subject to a Town-provided survey
acceptable to the Land Preservation Committee; and
WHEREAS, the landowner has applied to the Planning Board for a clustered Conservation
Subdivision, known as Beach Plum Homes, which includes four (4)residential lots ranging in
size fro 30,916 sq. ft. to 33,712 sq. ft. and a fifth lot which is to include a residential building
envelope of 1.5 acres and the approximate 22.23 acres on which the Town will be purchasing the
development rights easement; 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
Resolution 2005-738 Board Meeting of November 22, 2005
WHEREAS, the property is in the vicinity of other farms on which either the Town or the
County have purchased the development rights; 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 purchase price is $35,000 (thirty-five thousand dollars)per buildable acre; and
WHEREAS, due to the intended agricultural use of the property, sanitary flow credits are not
available and will not be transferred from this property; and
WHEREAS, the Town Board deems it in the best public interest that the Town of Southold
purchase the development rights on these agricultural lands, be it therefore
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a
development rights easement on part of a certain parcel of property of agricultural lands
owned by Flower Hill Building Corp. pursuant to the provisions of Chapter 6 and Chapter
25 of the Code of the Town of Southold. Said property is identified as SCTM 41000-69.-3-10.1
and 50275 Ackerly Pond Lane, Southold,New York, and is located on the easterly side of
Ackerly Pond Lane approximately 934 feet northerly of the intersection of Route 25 and Ackerly
Pond Lane (a/k/a Bowery Lane) in Southold. The development rights easement comprises
approximately 22.23 acres of the 27.1260 acre property. The exact area of the development
rights easement is subject to a Town-provided survey acceptable to the Land Preservation
Committee. The purchase price if$35,000 (thirty-five thousand dollars)per buildable acre. The
property is listed on the Town's Community Preservation Project Plan as property that should be
preserved due to its agricultural value.
Denis Noncarrow
Southold Town Clerk
Updated: 11/17/2005 2:45 PM by Lynda Rudder Page 2
Resolution 2005-738 Board Meeting of November 22, 2005
RESULT: ADOPTED [5 TO 01
MOVER: John M. Romanelli, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Romanelli, Evans, Horton
ABSTAIN: Thomas H. Wickham
Updated: 11/17/2005 2:45 PM by Lynda Rudder Page 3
1'fl RESOLUTION 2005-6861
ADOPTED DOC ID: 1288
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-6861 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 10, 2005:
RESOLVED that the Town Board of the Town of Southold will hold a Special Town Board
meeting on, Wednesday, November 16, 2005 at the Southold Town Hall, Southold, New York at
2:00 P. M., with a work session .
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Joshua Y. Horton, Supervisor
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Romanelli, Evans, Horton
1'fl RESOLUTION 2005-739
ADOPTED DOC ID: 1341
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-739 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 6, 2005:
RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated
December 6, 2005.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-740
ADOPTED DOC ID: 1340
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-740 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 6, 2005:
RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held,
Tuesday, December 20, 2005 at the Southold Town Hall, Southold,New York at 7:30 P. M..
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-741
ADOPTED DOC ID: 1320
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-741 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 6, 2005:
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of
Wainscott Sand and Gravel to purchase Excess Gravel from the Solid Waste District at a
price of$7.25/ton for"small gravel" and $6.25/ton for"large gravel"respectively, all in
accordance with the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Joshua Y. Horton
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-742
ADOPTED DOC ID: 1321
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-742 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 6, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to sign the 2006 program application for the Southold Youth
Services Program in the amount of $10,185 for the term January 1, 2006 through December 31,
2006.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-743
ADOPTED DOC ID: 1322
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-743 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 6, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General
Fund Whole Town:
FROM:
A.7180.1.300.100 Beaches $1,500.00
Personal Services
Regular Earnings
TO:
A.7020.1.100.200 Recreation $1,500.00
Personal Services
Overtime Earnings
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-744
ADOPTED DOC ID: 1323
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-744 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 6, 2005:
WHEREAS, the Town Board of the Town of Southold is conducting an uncoordinated SEQR
Review of an Unlisted Action involving an application for the transfer of sanitary flow credits; and
WHEREAS, the purpose of the application involves the transfer of sanitary flow credits from the
Town's Transferred Development Rights Bank to a property known as the Whitaker House,
located on the southeast corner of Route 25 and Horton's Lane, to allow for the rehabilitation and
reuse of the 2,177 square foot, two-story building. The first floor would accommodate office use,
while the second floor would accommodate two accessory apartments. The sanitary flow credits
are needed to provide the appropriate water allotment in accordance with the Suffolk County
Sanitary Code.
NOW THEREFORE BE IT RESOLVED, that pursuant to Part 617 of the SEQR Regulations,
the Town Board of the Town of Southold hereby designates itself as the Lead Agency for the
SEOR Review of this Unlisted Action.
BE IT FURTHER RESOLVED, that pursuant to Part 617 of the implementing regulations
pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental
Conservation Law, the Lead Agency has determined that the proposed Unlisted Action will
not have a significant adverse effect on the environment.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-745
ADOPTED DOC ID: 1324
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-745 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 6, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 Highway
Fund Part-Town budget as follows:
To:
DB.5110.1.100.200 General Repairs, P.S.
Overtime Earnings $10,720.94
From•
DB.5110.1.100.100 General Repairs, P.S.
Regular Earnings $10,720.94
To:
DB.5110.4.100.350 General Repairs, C.E.
Traffic Paint $1,840.06
From•
DB.5110.4.100.915 General Repairs, C.E.
Cement $1,840.06
To:
DB.5110.4.100.905 General Repairs, C.E.
Asphalt Patch $5,000.00
From•
DB.5110.4.100.900 General Repairs, C.E.
Resurfacing Projects $5,000.00
To:
DB.5110.4.400.600 General Repairs, C.E.
Other Contracted Services $1,923.50
From•
DB.5110.4.100.975 General Repairs, C.E.
Steel $1,923.50
To:
DB.5130.4.100.550 Machinery, C.E.
Tires $ 634.71
From•
DB.5130.2.500.400 Machinery, E.&C.O.
Radio Equipment $ 634.71
To:
DB.5140.4.200.100 Brush & Weeds/Miscellaneous, C.E.
Telephone/Cellular Phones $1,550.00
From•
Resolution 2005-745 Board Meeting of December 6, 2005
DB.5140.4.400.200 Brush & Weeds/Miscellaneous, C.E.
Property Maint & Repairs $1,550.00
To:
DB.5130.2.300.200 Machinery, E.&C.O.
Heavy Duty Vehicles $5,000.00
From•
DB.5142.2.400.200 Snow Removal, Equipment
Snow Equipment $5,000.00
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
Updated: 12/6/2005 8:23 AM by Lynda Rudder Page 2
1'fl RESOLUTION 2005-746
ADOPTED DOC ID: 1326
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-746 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 6, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General
Fund Whole Town budget as follows:
From•
A.9901.9.000.300 Transfers to Other Funds
Transfer to Risk Retention Fund $27,400.00
A.1420.1.100.200 Town Attorney, P.S.
Overtime Earnings $ 1,000.00
A.1420.1.100.400 Town Attorney, P.S.
Sick Earnings $ 5,000.00
A.1420.1.200.100 Town Attorney, P.S.
Part-Time Employees
Regular Earnings $ 3,000.00
To:
A.1420.4.100.100 Town Attorney, C.E.
Office Supplies/Stationary $ 200.00
A.1420.4.100.200 Town Attorney, C.E.
Books $ 1,000.00
A.1420.4.500.100 Town Attorney, Fee for Service
Non-Employ
Legal Counsel $33,500.00
A.1420.4.600.200 Town Attorney, Miscellaneous
Meetings and Seminars $ 100.00
A.1420.4.600.300 Town Attorney, Miscellaneous
Travel Reimbursement $ 400.00
Resolution 2005-746 Board Meeting of December 6, 2005
A.1420.4.600.600 Town Attorney, Miscellaneous
Dues and Subscriptions $ 1,200.00
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
Updated: 12/6/2005 8:09 AM by Lynda Rudder Page 2
1'fl RESOLUTION 2005-747
ADOPTED DOC ID: 1327
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-747 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 6, 2005:
RESOLVED that the Town Board of the Town of Southold hereby declares the following
equipment to be surplus equipment:
1999 Ford Crown Victoria-VIN 2FAFP71W8XX194070
2000 Ford Crown Victoria-VIN 2FAFP71WIYX176396
2001 Ford Crown Victoria-VIN 2FAFP71 W51X 187116
Vehicles are no longer drivable, have been used for parts and will be sold in "as is" condition.
Vehicles may be viewed at Lou's Garage, Pacific Street, Mattituck. Contact person at Police
Headquarters is Lt. H. William Sawicki - 765-2600.
Be it further RESOLVED that the Town Board authorizes and directs the Town Clerk to
advertise for the sale of same.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-748
ADOPTED DOC ID: 1329
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-748 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 6, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Land Preservation Coordinator Melissa Spiro to submit a proposal to the New York State
Department of Agriculture and Markets to solicit State assistance from the Farmland
Protection Implementation Grants (FPIG) Program. The cost-share ratio of the program is 75
percent State and 25 percent Town.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-749
ADOPTED DOC ID: 1330
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-749 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 6, 2005:
RESOLVED that the Town Board of the Town of Southold hereby grants North Fork Self
Storage a full refund in the amount of$400.00 for an interpretation from the Zoning Board of
Appeals.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-750
ADOPTED DOC ID: 1331
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-750 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 6, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes the refund the
amount of$19.50 to John Howell, 445 Deer Rd., Mattituck, for tip fees charged to him at the
Cutchogue Transfer Station on November 20, 2005, when he neglected to tell the Scale Operator
that his load did not contain chargeable items.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-751
ADOPTED DOC ID: 1332
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-751 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 6, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes the payment of
$2,000.00 to be paid to the Five Towns Rural Transit, Inc. for the completion of the
Transportation Survey of Five East End Towns.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-752
ADOPTED DOC ID: 1328
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-752 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 6, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 Solid
Waste District budget as follows:
From:
SR.8160.1.100.100 Personal Services Regular $ 2,000
SR.8160.2.200.400 Computer Equipment $ 1,000
SR.8160.2.500.200 Garage and Shop Equipment $ 2,600
SR.8160.4.100.566 Maint/Cat Quarry Truck $ 2,700
SR.8160.4.100.700 Haz Mat Training/Supplies $ 900
SR.8160.4.400.200 Building Maintenance $ 900
SR.8160.4.400.300 Public Information/Printing $ 1,400
SR.8160.4.400.660 Forklift Repair $ 900
SR.8160.4.400.675 Repairs CAT 816B Compactor $ 1,900
SR.8160.4.400.805 MSW Removal $49,350
SR.8160.4.400.810 C&D Removal $12,000
SR.8160.4.400.815 Scrap Tire Removal $ 2,500
To:
SR.8160.1.100.200 Personal Services Overtime $ 2,000
SR.8160.2.500.300 Traffic Control Devices $ 400
SR.8160.2.500.800 Road Paving $14,100
SR.8160.4.100.110 Preprinted Forms $ 1,200
SR.8160.4.100.200 Diesel Fuel $14,000
SR.8160.4.100.573 Maint/Supply Trommel Screen $ 1,200
SR.8160.4.100.596 Maint/Supply Horizontal Grinder $ 5,000
SR.8160.4.400.100 Engineering $30,000
SR.8160.4.400.840 Hazardous Waste Removal $10,000
SR.8160.4.600.200 Travel Reimbursement $ 250
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-753
ADOPTED DOC ID: 1333
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-753 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 6, 2005:
WHEREAS, the Town has made application for a Federal Multi-Jurisdictional Hazard Mitigation
Planning Grant; and
WHEREAS, on October 18, 2005, the Town of Southold was notified that it had been awarded
such a grant in an amount of$113,087.00 (75%) with a local match of$37,696.00 (25%); and
WHEREAS, the Town's local match may be satisfied through pre-existing salary and indirect
costs; and
WHEREAS, this grant and the resulting plan will fully conform with the requirements of the
United States Disaster Act of 2000 (DMA 2000) and 44 CFR Part 201; and
WHEREAS, the Town is required to have such an approved plan to qualify for future Federal
mitigation fund awards; and
WHEREAS, the grant(FY2005PDMC) is for a 2-year period in which the County of Suffolk
will receive $1,117,904.25, of which the above referenced amount($113,087) will be disbursed
to the Town.
IT IS HEREBY RESOLVED that the Town Board of the Town of Southold accepts the grant
award and expresses its intent to enter into an agreement with the County to effect such hazard
mitigation planning, subject to the review and approval of the Town Attorney.
Denis Noncarrow
Southold Town Clerk
Resolution 2005-753 Board Meeting of December 6, 2005
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
Updated: 12/5/2005 8:48 AM by Melissa M Mirabelli Page 2
1'fl RESOLUTION 2005-754
ADOPTED DOC ID: 1338
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-754 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 6, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Horton to execute an agreement with AdZone Research, Inc. to provide the
Online Predator Profiling System (OPPS)for one year at no cost to the Town, for use in the
Town Police Department, subject to the approval of the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-755
w ADOPTED DOC ID: 1339 A
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-755 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 6, 2005:
RESOLVED that the Town Board of the Town of Southold hereby declares the following to be
surplus books:
6 McKinney's NY Rules of Court State & Federal 1996
175 McKinney's Consolidated Laws of NY Annotated 80's 90's,
some older
1 McKinney's Volunteer Ambulance Workers Benefit Law 1995
Pamphlet
1 McKinney's Interim Update
1 McKinney's Domestic Relations Law Pamphlet
6 Sheppard's NY Miscellaneous Citations 1994
8 Sheppard's NY Court of Appeals Citations 1993
12 Sheppard's NY Supreme Court Citations 1995
1 Sheppard's NY Supreme Court Citations 1996
2 Sheppard's NY Supreme Court Citations 1997
5 Sheppard's NY Statute Citations 1995
1 Local Laws of the Cities, Counties & Villages in the State of NY
enacted during the year 1943
be it further RESOLVED that the Town Board authorizes and directs the Town Clerk to
advertise for bids for the sale of used Law books.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-756
ADOPTED DOC ID: 1334
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-756 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 6, 2005:
RESOLVED that the Town Board of the Town of Southold hereby engages the professional
services of The Nature Conservancy to perform Conservation Planning, Acquisition, and
Professional Services related to the Town's land preservation efforts within the Pipes Cove
area, and authorizes and directs the Supervisor to sign the agreement between The Nature
Conservancy and the Town of Southold, subject to review of the contract language by the Town
Attorney. Compensation shall be for direct travel expenses and for employee time at an hourly
rate and shall not exceed fifteen thousand ($15,000.00) dollars, and the contract term shall be
from January 1, 2006 to December 31, 2006.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-757
ADOPTED DOC ID: 1335
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-757 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 6, 2005:
RESOLVED that the Town Board of the Town of Southold hereby engages the professional
services of the Peconic Land Trust to perform Conservation Planning,Acquisition, and
Professional Services related to the Town's land preservation efforts, and authorizes and
directs the Supervisor to sign the agreement between the Peconic Land Trust and the Town
of Southold, subject to review of the contract language by the Town Attorney. Compensation
shall not exceed fifty thousand ($50,000.00) dollars and the contract term shall be from January
1, 2006 to December 31, 2006.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-758
ADOPTED DOC ID: 1336
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-758 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 6, 2005:
RESOLVED that the Town Board of the Town of Southold hereby engages the professional
services of the Peconic Land Trust to perform Stewardship Services related to the Town's
land preservation efforts, and authorizes and directs the Supervisor to sign the agreement
between the Peconic Land Trust and the Town of Southold, subject to review of the contract
language by the Town Attorney. Compensation shall not exceed forty-three thousand
($43,000.00) dollars and the contract term shall be from January 1, 2006 to December 31, 2006.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-759
ADOPTED DOC ID: 1342
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-759 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 6, 2005:
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of
Mark Utz from the position of Custodial Worker I in the Building and Grounds
Department, effective December 16, 2005.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-760
ADOPTED DOC ID: 1343
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-760 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 6, 2005:
RESOLVED that the Town Board of the Town of Southold hereby retains Frank A. Isler, Esq.
as special counsel in the matter of Jennifer Gould v. Southold Town Zoning Board of
Appeals, W. Bruce Bollman and Maryann Bollman.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-761
ADOPTED DOC ID: 1344
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-761 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 6, 2005:
WHEREAS, the Town Board for the Town of Southold has received an application on behalf of
Lewis L. Edson for an appeal of the decision dated September 21, 2005 of the Board of Trustees
denying without prejudice his application to install a sanitary system within the Coastal Erosion
Hazard Area; and
WHEREAS, pursuant to Section 37-35 of the Town Code of the Town of Southold, appeals
must be filed with the Town Clerk within thirty(30) days of the date of the adverse decision; and
WHEREAS, the Applicant's appeal was filed on November 17, 2005, more than thirty(30) days
from the date of the decision of the Board of Trustees; and
WHEREAS, the Applicant has asked the Town Board to waive the above-mentioned thirty-day
time limitation;
IT IS HEREBY RESOLVED that the Applicant has made no showing of practical difficulty or
unnecessary hardship to justify the grant of a waiver of the time limitation; and
IT IS FURTHER RESOLVED that the Town Board of the Town of Southold does hereby
DENY the Applicant's anneal for failure timely to file pursuant to the requirements of
Chapter 37.
Denis Noncarrow
Southold Town Clerk
Resolution 2005-761 Board Meeting of December 6, 2005
RESULT: ADOPTED [4 TO 11
MOVER: William P. Edwards, Councilman
SECONDER:Thomas H. Wickham, Councilman
AYES: William P. Edwards, Daniel C. Ross, Thomas H. Wickham, Louisa P. Evans
NAYS: Joshua Y. Horton
ABSENT: John M. Romanelli
Updated: 12/16/2005 9:22 AM by Lynda Rudder Page 2
1'fl RESOLUTION 2005-762
ADOPTED DOC ID: 1345
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-762 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 6, 2005:
WHEREAS the Town Board of the Town of Southold has been presented with a preliminary
concept plan from Community Development Corporation of Long Island to develop 24 homes,
half of which will contain accessory apartments, on a 7.4 acre site in Mattituck near Factory
Avenue in Mattituck identified as SCTM4 1000-122-2-23.1; and
WHEREAS it is proposed that these homes will sold and rented as affordable homes pursuant to
the Town's guidelines; and
WHEREAS the site is located within walking distance of Mattituck's major shopping center,
the hamlet center and the senior center, and is designed to provide much-needed affordable
housing to the residents of Southold Town; and
WHEREAS development of the site is consistent with the recently adopted Hamlet Study; and it
is therefore
RESOLVED that the Town Board of the Town of Southold is considering the change of zone of
this parcel of property from R-80 to Affordable Housing District(AHD) on its own motion, and
it is further
RESOLVED that the Town Board requests the Planning Board to prepare a report and
recommendations on the rezoning; and be it further
RESOLVED that the Town Board authorizes the Supervisor to retain the services of Cleary
Consulting to perform a SEQRA review on the proposed zone change; and be it further
Resolution 2005-762 Board Meeting of December 6, 2005
RESOLVED that the Town Clerk forward the matter to the Suffolk County Planning
Commission for review and recommendation; and be it further
RESOLVED that pursuant to the requirements of NYS Town Law and the Code of the Town of
Southold, Suffolk County,New York, the Town Board of the Town of Southold will hold a
public hearing on a proposed Local Law entitled "A Local Law to amend the Zoning Map
of the Town of Southold by Chan2in2 the Zoning Designation of SCTM 1000-122-2-23.1
from R-80 to Affordable Housing District (AHD)" at the Southold Town Hall, 53095 Main
Road, Southold, New York at 5:00 p.m., Tuesday, January 31, 2006. The petitioner for this
request is the Town Board of the Town of Southold. The property is approximately 7.4 acres and
is located off of Factory and Sound Avenues in Mattituck, New York.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
Updated: 12/6/2005 3:00 PM by Lynda Rudder Page 2
1'fl RESOLUTION 2005-763
ADOPTED DOC ID: 1348
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-763 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 6, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to advertise a Public Information meeting December 15, 2005, 6:00 p.m. at the
Southold Town Hall in retard to a new Town Hall.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Daniel C. Ross, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-764
ADOPTED DOC ID: 1346
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-764 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 6, 2005:
RESOLVED that the Town Board of the Town of Southold hereby finds that the adoption of
the local law entitled "A Local Law in relation to No Parking on Oaklawn Avenue,
Southold" is classified as a Type II Action pursuant to SEQRA Rules and Regulations, 6 NYCRR
Section 617.5, and is not subject to review under SEQRA.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
1'fl RESOLUTION 2005-765
ADOPTED DOC ID: 1347
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-765 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 6, 2005:
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York on the 22nd day of November, 2005, a Local Law entitled "A Local Law in
Relation to No Parking on Oaklawn Avenue, Southold, New York", and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were given an opportunity to be heard, now
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed
Local Law entitled "Local Law in Relation to No Parking on Oaklawn Avenue, Southold,
New York", which reads as follows:
Local Law 19 of 2005
L Purpose- The purpose of this Local Law is to restrict parking on Oaklawn Avenue to provide
additional safety for vehicle traffic and maintain the rural character of the neighborhood.
Chapter 92 (Vehicles & Traffic) of the Code of the Town of Southold is hereby amended as
follows:
1. Article IV, Section 92-42 (Parking Prohibited during Certain Hours) is hereby
amended as follows:
Name of Street Side During Months Locations
And Hours
Oaklawn Avenue East September to 2-78 900 feet in a northerly
And including direction from the
June between inter-section of
The hours of Jernick Lane
8 a.m. and
4 p.m.
Resolution 2005-765 Board Meeting of December 6, 2005
Oaklawn Avenue West September to 22-5 900 feet in a
And including northerly direction
June between from the intersection
The hours of of the southern exit
8 a.m. and of the Southold
4 p.m. Elementary School
Driveway
IL Severability. If a section or subsection, paragraph, clause, phrase or provision of this law shall
be judge invalid or held unconstitutional by any court of competent jurisdiction, any judgment
made thereby shall not affect the validity of this law as a whole or any part thereof other than
the part or provision so adjudged to be invalid or unconstitutional.
IV. This Local Law shall take effect immediately upon filing with the Secretary of State.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
Updated: 12/6/2005 3:24 PM by Lynda Rudder Page 2
1'fl RESOLUTION 2005-766
ADOPTED DOC ID: 1349
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-766 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 6, 2005:
RESOLVED that the Town Board of the Town of Southold hereby is in support of the
resolution, to follow, that was adopted by the Lone Island Regional Planning Board at their
November 22, 2005 meeting and requests the Town Clerk to forward this resolution to all
county, state, and federal representatives that represent this district. This resolution to be
presented by Councilman Wickham at the December 8, 2005 Transportation Summit at
Southampton, New York.
WHEREAS, The Long Island Regional Planning Board is currently in the process of developing
the third Comprehensive Regional Plan of Nassau and Suffolk Counties, and
WHEREAS, Chapter 10 of the Plan concerns transportation, including highways, bus service,
truck and rail freight movements, Long Island Rail Road operations, aviation and ferries, and
WHEREAS, the issue of cross-sound ferry service to New England has been the subject of the
first two comprehensive plans, and
WHEREAS, the timeliness of reexamining earlier recommendations is particularly relevant at
the present, both in terms of safety in movement, convenience, and now the major issue of
security and the need for adequate evacuation route, and
WHEREAS, development patterns in Suffolk County indicate the validity of the earlier
recommendations, be it therefore
RESOLVED, that the Long Island Regional Planning Board, after due consideration wishes to
go on record as being in favor of the creation of ferry service from the Keyspan property at
Resolution 2005-766 Board Meeting of December 6, 2005
Shoreham directly to New Haven, thus providing the most direct linkage to routes 95, 91 and the
Massachusetts Turnpike, and be it further
RESOLVED, that the resolution be submitted to the Suffolk County Legislature, New York State
Department of Transportation, and especially to NYMTC.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:Thomas H. Wickham, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
ABSENT: John M. Romanelli
Updated: 12/15/2005 10:50 AM by Lynda Rudder Page 2
1'fl RESOLUTION 2005-767
w ADOPTED DOC ID: 1360 A
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-767 WAS
ADOPTED AT THE SPECIAL MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 14, 2005:
RESOLVED that the Town Board of the Town of Southold hereby accepts the Letter of
Credit No. 050602 issued by the North Fork Bank in the amount of$60,844.00 for the
proposed standard subdivision "Elysian Field" located at the north side of State Route 25,
approximately 545 feet west of Maple Avenue in Peconic,New York, SCTM 41000-75-2-2 as
recommended by the Southold Town Planning Board, all in accordance with the approval of the
Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [4 TO 01
MOVER: John M. Romanelli, Councilman
SECONDER:Thomas H. Wickham, Councilman
AYES: William P. Edwards, Daniel C. Ross, Thomas H. Wickham, John M. Romanelli
ABSTAIN: Joshua Y. Horton
ABSENT: Louisa P. Evans
1'fl RESOLUTION 2005-770
ADOPTED DOC ID: 1368
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-770 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 20, 2005:
RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated
December 20, 2005.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: Ross, Wickham, Romanelli, Evans, Horton
ABSENT: William P. Edwards
1'fl RESOLUTION 2005-771
ADOPTED DOC ID: 1369
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-771 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 20, 2005:
RESOLVED that the Organizational Town Board Meeting of the Southold Town Board be held,
Tuesday, January 3, 2006 at the Southold Town Hall, Southold, New York at 11:00 A. M..
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Ross, Wickham, Romanelli, Evans, Horton
ABSENT: William P. Edwards
1'fl RESOLUTION 2005-772
ADOPTED DOC ID: 1370
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-772 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 20, 2005:
RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held,
Tuesday, January 3, 2006 at the Southold Town Hall, Southold, New York at 4:30 P. M..
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Ross, Wickham, Romanelli, Evans, Horton
ABSENT: William P. Edwards
1'fl RESOLUTION 2005-773
ADOPTED DOC ID: 1376
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-773 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 20, 2005:
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 20th day of December, 2005, a Local Law entitled, "A Ninety day
Extension of the Temporary Moratorium on the Processing, Review of, and making
Decisions on applications for Site Plans and Special Exception Use Permits for Retail
Stores over 3000 square feet in the Town of Southold"; now therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the
3rd day of January at 5:00 p.m. at which time all interested persons will be given an opportunity
to be heard.
The proposed local law entitled, "A Ninety day Extension of the Temporary Moratorium on
the Processing, Review of, and making Decisions on applications for Site Plans and Special
Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold"
reads as follows:
LOCAL LAW NO. 2005
A Ninety Day Extension of the Temporary Moratorium on the Processing, Review of, and
making Decisions on applications for Site Plans and Special Exception Use Permits for Retail
Stores over 3000 square feet in the Town of Southold
BE IT ENACTED BY, the Town Board of the Town of Southold as follows:
Section 1. PURPOSE AND INTENT
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
Resolution 2005-773 Board Meeting of December 20, 2005
detrimental to the character and sustainability of the hamlet centers. The Town Board recognizes
that the existing Zoning Code is inadequate to deal with these chain and large-scale businesses that
have been and will, in the near future, be proposed.
The size and population of the Town, the scale of its existing buildings, the traffic and
transportation issues facing the hamlets, and the long-range goals of the Town (as set forth in the
recently adopted Hamlet Study and other past planning studies) dictate that retail and commercial
limits should be established to sustain the hamlets. Regulation on the size, location and appearance
of large chain retail businesses is necessary to address the problems these businesses create.
It is critical that the issues be handled in a comprehensive manner, crucial legislative
decisions made and those decisions implemented. The Town Planning Board, Planning
Department and Town Attorney Department have been working hard since the enactment of the
moratorium to review retail uses, sizes, and locations to update and create new legislation that will
comprehensively meet the long-range goals of the Town. The Town Board held a hearing on
proposed legislation on December 14, 2005, at which time valuable public comments were
received. The Town Board would like to review the public input, and revise the proposed
legislation to better serve the needs of the community. Further, on January 1, 2006, there will be a
new Town Supervisor and one new Councilperson, who will provide input into the crafting of
legislation. The Town Board finds that it is reasonable and in the public interest to further
temporarily suspend the application process for larger retail stores so that it has adequate time to
examine, assess and address these uses that would otherwise be detrimental to the community.
For the reasons stated above and to permit the Town Board to decide on and enact needed
legislation, the extension of this moratorium is necessary.
Section 2. ENACTMENT OF TEMPORARY MORATORIUM
For a period of Ninety(90)Days following the effective date of this Local Law after which
date this Local Law shall lapse and be without further force and effect and subject to any other
Local Law adopted by the Town Board during the Ninety (90) Day period:
1) the Planning Board shall not accept for review, continue review, hold a hearing
or make any decision upon any application for a site plan containing a RETAIL
STORE over 3000 square feet, whether submitted prior to or after the effective
date of this law, and shall not be subject to the time periods specified in Town
Law § 274-a and Article XXV of the Southold Town Code, including without
Updated: 12/20/2005 2:30 PM by Lynda Rudder Page 2
Resolution 2005-773 Board Meeting of December 20, 2005
limitation, provisions relating to the, processing, reviewing, holding of hearings
and the rendering of decisions. The statutory and locally-enacted time periods
for processing and making decisions on all aspects of said site plan applications
are suspended and stayed while this Local Law is in effect. All terms used in this
Local Law are as defined in §100-13 of the Code of the Town of Southold.
2) The Zoning Board of Appeals shall not accept for review, continue review, hold
a hearing on, continue a hearing or make any decision upon any application for
a special exception use permit containing a RETAIL STORE over 3000 square
feet, whether submitted prior to or after the effective date of this law, and shall
not be subject to the time periods specified in Town Law § 274-b and Chapter
100 of the Southold Town Code,including without limitation,provisions relating
to the,processing,reviewing,holding of hearings and the rendering of decisions.
The statutory and locally-enacted time periods for processing and making
decisions on all aspects of said special exception use permits are suspended and
stayed while this Local Law is in effect. All terms used in this Local Law are as
defined in §100-13 of the Code of the Town of Southold.
Section 3. APPLICATION
This local law shall apply to ALL [new or pending] applications for site plans or special
exception use permits for RETAIL STORES over 3000 square feet in the Town of Southold.
Section 4. EXCLUSIONS
This Local Law shall not apply to:
1) Site plans for which final or conditional final approval was granted by the Planning
Board prior to the effective date of this local law;
2) Additions to existing retail stores or restaurants, provided said addition will not result
in a cumulative floor area of said business in excess of 3000 square feet, and further
provided such addition to retail store or restaurant does not include a drive-through
component;
3) Wineries;
4) Agricultural operations and accessory uses thereto.
Updated: 12/20/2005 2:30 PM by Lynda Rudder Page 3
Resolution 2005-773 Board Meeting of December 20, 2005
Section 5. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE
To the extent that any provisions of this Local Law are in conflict with or are construed as
inconsistent with the provision of New York State Town Law, this Local Law supersedes, amends
and takes precedence over NYS Town Law pursuant to the Town's municipal home rule powers,
pursuant to Municipal Home Rule Law § 10(1)(ii)(d)(3); § 10(1)(ii)(a)(14) and § 22 to supersede
any inconsistent authority.
In particular, to the extent and degree any provisions of this Local Law are construed as
being inconsistent with the provisions of Town Law § 274-a, §274-b and the provisions and
requirements set forth in Chapter 100 of the Southold Town Code, which require that the
Planning Board or Zoning Board of Appeals process, review, hold hearings on, and act upon
applications for site plans and special exception use permits within specified time periods, this
local law suspends and stays the running of time periods for processing, review, holding hearings
on, making decisions, and taking action on such applications provided for in those laws and is
intended to supersede and amend any said inconsistent authority.
Section 6. APPEAL PROCEDURES
a. The Town Board shall have the authority to vary or waive the application of any
provision of this Local Law if, in its legislative discretion, upon its determination, the variance or
waiver is required to alleviate an extraordinary hardship. To grant such request, the Town Board
must find that a variance or waiver will not adversely affect the purpose of this local law, the
health, safety or welfare of the Town of Southold, or any comprehensive planning efforts being
undertaken in the Town. The Town Board shall take into account the existing land use in the
immediate vicinity of the property, the range of business opportunities in the vicinity of the
property and the surrounding hamlet, the rural, cultural, historic and business character of the
hamlet, and the impact of the variance or waiver on the open and recreational space, and
transportation infrastructure of the Town. The application must comply with all other applicable
provisions of the Southold Town Code.
b. Any request for a variance or waiver shall be filed with the Town Clerk and shall
include a fee of two hundred fifty ($250.00) dollars for the processing of such application, along
with copies of the site development plan and any related information required in accordance with
the procedures set forth in Chapter 100 of the Southold Town Code.
Updated: 12/20/2005 2:30 PM by Lynda Rudder Page 4
Resolution 2005-773 Board Meeting of December 20, 2005
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 decision on the application, with or without
conditions. Final approval is reserved to the absolute legislative discretion of the Town Board
Section 7. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
Section 8. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Ross, Wickham, Romanelli, Evans, Horton
ABSENT: William P. Edwards
Updated: 12/20/2005 2:30 PM by Lynda Rudder Page 5
1'fl RESOLUTION 2005-774
ADOPTED DOC ID: 1377
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-774 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 20, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to forward the proposed Local Law entitled, "A Ninety day Extension of the
Temporary Moratorium on the Processing, Review of, and making Decisions on
applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000
square feet in the Town of Southold", to the Southold Town Planning Board and the
Suffolk County Planning Commission for comments and recommendations.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Ross, Wickham, Romanelli, Evans, Horton
ABSENT: William P. Edwards
1'fl RESOLUTION 2005-775
ADOPTED DOC ID: 1337
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-775 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 20, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General
Fund Whole Town budget as follows:
From•
A.1680.4.100.555 Cable and Connectors $1200.00
To:
A.1680.4.100.150 Standard Computer Paper $1200.00
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Ross, Wickham, Romanelli, Evans, Horton
ABSENT: William P. Edwards
1'fl RESOLUTION 2005-776
ADOPTED DOC ID: 1350
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-776 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 20, 2005:
RESOLVED that the Town Board of the Town of Southold hereby increases the salary of
Ferry Captain for the Fishers Island Ferry District, Frederick Barrett, to 25.7337 per hour
effective November 8, 2005.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Ross, Wickham, Romanelli, Evans, Horton
ABSENT: William P. Edwards
1'fl RESOLUTION 2005-777
ADOPTED DOC ID: 1351
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-777 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 20, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes
a 3% wa2e increase be awarded to the following full time Fishers Island Ferry District
personnel, to become effective on January 1, 2006.
Frederick Barrett Paul Foley
James Brown Richard Hoch
Stephen Burke Jesse Marshall
William Crowley Kevin Moroney
Thomas Dohery John Paradis
Mark Easter George Peabody
Josh Elsesohn Nina Schmid
Michael Fiora Derek Scroxton
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Ross, Wickham, Romanelli, Evans, Horton
ABSENT: William P. Edwards
1'fl RESOLUTION 2005-778
ADOPTED DOC ID: 1352
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-778 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 20, 2005:
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Petro
Commercial Services, PO Box 140246, Brooklyn, NY 11214, at a price of$0.1500 per gallon
over the Northville Rack price to supply the Town of Southold with #2 Fuel Oil for the
fiscal year 2006, all in accordance with the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Ross, Wickham, Romanelli, Evans, Horton
ABSENT: William P. Edwards
1'fl RESOLUTION 2005-779
ADOPTED DOC ID: 1353
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-779 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 20, 2005:
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Petro
Commercial Services, at a price of$0.1285 per gallon over the Northville Rack Price, for
supplying the Town of Southold with Diesel Fuel for the 2006 calendar year, all in
accordance with the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Ross, Wickham, Romanelli, Evans, Horton
ABSENT: William P. Edwards
1'fl RESOLUTION 2005-780
ADOPTED DOC ID: 1354
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-780 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 20, 2005:
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Petro
Commercial Services, at a price of$0.1285 per gallon over the Northville Rack Price, for
supplying the Town of Southold with Unleaded and Unleaded Plus Gasoline for the 2006
calendar year, all in accordance with the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:Daniel C. Ross, Councilman
AYES: Ross, Wickham, Romanelli, Evans, Horton
ABSENT: William P. Edwards
1'fl RESOLUTION 2005-781
ADOPTED DOC ID: 1357
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-781 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 20, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 Building
& Grounds budget as follows:
From•
A.1620.2.500.375 Boat Ramp Improvements $1,500
To:
A.1620.4.400.100 Building Maintenance/Repairs $1,500
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: Ross, Wickham, Romanelli, Evans, Horton
ABSENT: William P. Edwards
1'fl RESOLUTION 2005-782
ADOPTED DOC ID: 1358
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-782 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 20, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 Building
& Grounds budget as follows:
From•
A.1620.2.500.375 Boat Ramp Improvements $2,000
To:
A.1620.4.100.550 Equipment Parts & Supplies $2,000
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Ross, Wickham, Romanelli, Evans, Horton
ABSENT: William P. Edwards
1'fl RESOLUTION 2005-783
ADOPTED DOC ID: 1364
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-783 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 20, 2005:
RESOLVED that the Town Board of the Town of Southold hereby requests Suffolk County
District Attorney Thomas Spota to designate Southold Town Assistant Town Attorney Lori
Hulse-Montefusco, as Special Assistant District Attorney, to serve at the pleasure of the Town
Board.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Ross, Wickham, Romanelli, Evans, Horton
ABSENT: William P. Edwards
1'fl RESOLUTION 2005-784
ADOPTED DOC ID: 1366
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-784 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 20, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute an agreement with the County of Suffolk for the
2006 STOP-DWI Program in an amount not to exceed $19,000.00, for the term January 1,
2006 through December 31, 2006, all in accordance with the approval of the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Ross, Wickham, Romanelli, Evans, Horton
ABSENT: William P. Edwards
1'fl RESOLUTION 2005-785
ADOPTED DOC ID: 1367
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-785 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 20, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to advertise the bid for the construction of the new Southold Town Animal
Shelter.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:Thomas H. Wickham, Councilman
AYES: Ross, Wickham, Romanelli, Evans, Horton
ABSENT: William P. Edwards
1'fl RESOLUTION 2005-786
w ADOPTED DOC ID: 1361 B
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-786 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 20, 2005:
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General
Fund Whole Town budget as follows:
From•
A.9901.9.000.300 Transfers to other funds $6,300.00
To:
A.1410.1.200.100 Town Clerk $1,200.00
Personnel Services
Part-Time Earnings
A.1460.1.200.100 Records Management $5,100.00
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Councilperson
SECONDER:Thomas H. Wickham, Councilman
AYES: Ross, Wickham, Romanelli, Evans, Horton
ABSENT: William P. Edwards
1'fl RESOLUTION 2005-787
ADOPTED DOC ID: 1371
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-787 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 20, 2005:
RESOLVED that the Town Board of the Town of Southold hereby appoints Christa Grant to
the position of part-time Student Intern 1 in the Town Clerk's Office at a salary of$10.49
per hour, beginning on December 19, 2005 working as needed through the year of 2006 during
school vacations.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Ross, Wickham, Romanelli, Evans, Horton
ABSENT: William P. Edwards
1'fl RESOLUTION 2005-788
ADOPTED DOC ID: 1373
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-788 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 20, 2005:
WHEREAS there has been proposed a "NEW YORK STATE MUNICIPAL WORKERS'
COMPENSATION ALLIANCE PLAN DOCUMENT" pursuant to Section 50 3-a of the
Workers' Compensation Law (hereinafter "the Plan"); and
WHEREAS the Town of Southold is eligible for membership in the Plan; and
WHEREAS the Town of Southold has made an independent investigation of the Plan and
reviewed the Plan document, and has concluded that it would be in the interests of the Town of
Southold to participate therein; now, therefore, be it
RESOLVED that the Town of Southold hereby enters into membership in the Plan pursuant
to Section 50 Subdivision 3-a of the Workers' Compensation Law effective January 1, 2006;
and be it further
RESOLVED, that the Supervisor be and hereby is authorized and instructed to
execute the Plan's charter document on behalf of the Town of Southold; and be it further
RESOLVED, that the custody of all joint Plan moneys by the Plan Administrator under the
Plan be and the same hereby is approved.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Ross, Wickham, Romanelli, Evans, Horton
ABSENT: William P. Edwards
1'fl RESOLUTION 2005-789
ADOPTED DOC ID: 1374
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-789 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 20, 2005:
RESOLVED that the Town Board of the Town of Southold hereby appoints Elizabeth
Sakarellos to the part-time position of Clerk Typist in the Town Clerk's Records
Management Department, effective December 21, 2005 through December 31, 2005 at a salary
of$11.02 per hour.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: Ross, Wickham, Romanelli, Evans, Horton
ABSENT: William P. Edwards
1'fl RESOLUTION 2005-790
ADOPTED DOC ID: 1356
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-790 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 20, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute a Household Hazardous Waste (HHW) State
Assistance Program Grant Contract (No. C302767)
with the New York State Department of Environmental Conservation for receipt of a grant in the
amount of $99,700 for the term January 1, 2004 through December 31, 2006, to help offset the
cost of the Town's HHW Disposal Program, all in accordance with the approval of the Town
Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER:John M. Romanelli, Councilman
AYES: Ross, Wickham, Romanelli, Evans, Horton
ABSENT: William P. Edwards
1'fl RESOLUTION 2005-791
ADOPTED DOC ID: 1372
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-791 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 20, 2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute an agreement with the following individuals for
the Winter 2006 Recreation Programs, 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 Abitol (French Cooking).............................................$25/hour
Antoinette Beck-Witt(drawing class)........................................$25/hour
Thomas Boucher (guitar).......................................................$30/hour
Eugenia Cherouski (folk dancing).............................................$25/hour
Custer Institute (stargazing)....................................................$50/person/course
$13/class
Martha Eagle (aerobics).........................................................$30/hour
East End Insurance Services (defensive driving)............................$30/person
East End Kids (finance class)...................................................$50/person
Susan Fitzgerald (sewing class)................................................$25/hour
Carol Giordano (baton)..........................................................$25/class
Hidden Lake Farms (horseback riding).......................................$230/person
Tina Koslosky (youth scrapbooking)..........................................$25/hour
Rosemary Martilotta(Hatha yoga).............................................$55/class
Jim Mikelbank (youth basketball)..............................................$25/hour
Riverside Gymnastics (youth gymnastics)....................................$60/person
Laurie Short(bodyworks/aerobics).............................................$25/hour
Steve Smith(weight training)...................................................$25/hour
Touch Dancing Studios (social dance).........................................$48/person
U.S. Coast Guard Auxiliary Flotilla 18-8 (boating)..........................$40/person
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER:Louisa P. Evans, Councilperson
AYES: Ross, Wickham, Romanelli, Evans, Horton
ABSENT: William P. Edwards
1'fl RESOLUTION 2005-792
ADOPTED DOC ID: 1375
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-792 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 20, 2005:
RESOLVED that the Town Board of the Town of Southold hereby adopts the following 2006
Community Development Block Grant Budget and authorizes and directs Supervisor
Joshua Y. Horton to sign the Proiect Description forms for the same:
Administration $15,620
Home Improvement Program $40,000
Housing rehabilitation program administered by
The North Fork Housing Alliance
Cottages at Mattituck - AHD Program $46,380
Support for a Southold Town affordable housing program
sponsored by the Community Development Corporation
of Long Island
Family Service/North Fork Early Learning Center
Child Day Program $ 7,500
Support for a child day facility serving low and middle income
families
Robert Perry Child Day Care Center Program $ 7,500
Support for a child day facility serving low and middle income
families
North Fork Housing Alliance Program $10,000
Support for a not-for profit housing agency
Dominican Sisters Family Health Service, Inc $ 5,000
Support to a community based not-for-profit home health agency
providing services to low/middle income individuals
Community Action Southold Town of Southold $ 5,000
Support for a non-profit community organization offering a
wide variety of services to low/middle income families -
Emergency assistance, food pantry clothing, referrals and advocacy
Resolution 2005-792 Board Meeting of December 20, 2005
Peconic Community Council - Mareen's Haven $ 5,000
Support for a non-profit community organization providing temporary
Shelter fto homeless individuals
TOTAL $142,000
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: John M. Romanelli, Councilman
SECONDER:Thomas H. Wickham, Councilman
AYES: Ross, Wickham, Romanelli, Evans, Horton
ABSENT: William P. Edwards
Updated: 12/20/2005 2:38 PM by Lynda Rudder Page 2