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HomeMy WebLinkAboutTB-03/23/2004SOUTHOLD TOWN BOARD REGULAR MEETING March 23, 2004 7:30 P.M. A Regular meeting of the Southold Town Board was held Tuesday, March 23, 2004 at the Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting at 7:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman John M. Romanelli Councilman Thomas H. Wickham Councilman Daniel C. Ross Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Finnegan Absent: Councilman William P. Edwards SUPERVISOR HORTON: Welcome to the 7:30 public meeting of the Southold Town Board. There are several points over the course of the meeting where the public has the opportunity to address the Town Board, the first time being prior to the voting of any of the resolutions on the printed agenda, the public will have the opportunity to address the Board on those specific resolutions. After the voting is completed and the resolutions are done, the public is afforded the opportunity to address the Board on town related issues. As well, we have a number of public hearings on this evening, ! believe three, and there will be a period of time over the course of the public hearings as well, that the public can address the Board on those specific public hearings. We have report, public notices, communications; all available for the public to review at the Town Clerk's office, Monday through Friday, 8:00 A.M. to 4:00 P.M. ! ask that when you do address the Town Board, you do so from one of the two microphones at the front of the room and state your name and residence so we can have that as part of our official record. And we can move ahead. March 23, 2004 2 Southold Town Board Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that following Town bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $313,367.36; General Fund Part Town bills in the amount of $4,102.72; Community Development Fund bills in the amount of $16,261.76; Highway Fund Whole Town bills in the amount of $129.86; Highway Fund Part Town bills in the amount of $36,758.63; Capital Projects Account $3,680.73; AG Land Development Rights bills in the amount of $50.47; Community Preservation Fund (2% Tax) bills in the amount of $18,105.00; New London Terminal Project account bills in the amount of $8,936.20; Fishers Island Ferry District bills in the amount of $92,038.23; Refuse & Garbage District bills in the amount of $86,832.40; Southold Wastewater District bills in the amount of $155.37; Fishers Island Sewer District bills in the amount of $691.60; Southold Agency & Trust bills in the amount of $8,477.57 and Fishers Island Ferry District Agency & Trust bills in the amount of $82.89. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the minutes of the March 9, 2004 Southold Town Board meeting be and hereby are approved. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the next Regular Meeting of the Southold Town Board meeting be held Tuesday, April 6, 2004 at the Southold Town Hall, Southold, New York at 4:30 P.M. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. I. REPORTS 1. Recreation Department - February 2004 2. Southold Town Justice Court, Bruer - February 2004 3. Southold Town Justice Court, Price - February 2004 4. Island Group Administration, Claim Lag Report - through February 2004 5. Southold Town's Program for the Disabled - February 2004 Events 6. Board of Town Trustees - February 2004 II. PUBLIC NOTICES None III. COMMUNICATIONS None March 23, 2004 3 Southold Town Board SUPERVISOR HORTON: You will take notice this evening that Councilman Edwards is not with us, he is officially ill and on behalf of the Board our thoughts are with him. All is well but he is being monitored for a bit of stomach pains, so he is doing all right and he will be with us tomorrow morning. He did try to make it in but the doctor told him to sit tight. So, Bill, if you are watching, we are with you. At this point, we offer the floor to the public to address the Board on any of the printed resolutions. Mr. VanBourgondien. BOB VANBOURGONDIEN: Good evening, Bob VanBourgondien, farmer in Peconic, house in Southold. ! am going to speak to a resolution that ! understand was changed a little bit this morning but ! am going to go through with what ! know at this point in time. The purpose of this resolution, local law number, ! am sorry, Chapter 25, amendment. The Town Board recognizes the continued importance of the continued importance of the town's efforts to preserve and protect lands used for agricultural production. The purchase of Development Rights Program as set forth in Chapter 25 provides an important tool towards this goal. Certain aspects of the program are clarified and further defined in this legislation. The Town Board views the amendments as a necessary component to the continued success and efficient implementation of the town's goals. The underlying theme here, ladies and gentlemen, must be to protect and promote a diversified agricultural community. It must be farmer friendly. If you don't accomplish those goals, all the preservation in the world is not going to help you down the road. Okay. Agricultural lands; lands used in a bonafide agricultural production. Lands used in the production or sale of crop, livestock and livestock products but not land or portions thereof used for processing. What definition of processing are you using; Ag and markets definition or some other definition? Such groups or livestock products, again, what is the definition of livestock products? Then in the next paragraph you have agricultural production-the production for sale of crops, livestock and livestock products. ! see no mention of aquaculture. It would be a shame to leave something out from the get-go because if it is left out, it is liable to be missed and not allowed in the future. Let's move down to the bottom of the page, development rights. The permanent legal interest or right to prohibit or restrict the use of land for any purpose other than agricultural production; it would be nice if you added as per Ag and Markets law to 301. Farm stands- any structure open to the weather on at least one side, used for the sole purpose of retail sale of produce, plant stock or products- cooked, pressed or dried-from product grown on a farm operation within the 5 east end towns. At least 80% of the produce, plant stock or products must come from the owner or tenants own farming operation. Okay, example. We get hit with a hurricane in July and all of A1 Krupski's corn is ruined and his pumpkin crop is ruined. Does that mean the man is out of business and can't purchase pumpkins or corn from upstate New York or Pennsylvania to tide him over for that season? ! think we have left something out and forgotten something. A farm stand shall not exceed 1,000 square feet in footprint area. Ag and markets thinks that 2,000-3,000 feet is reasonable. ! think that 2,000-3,000 feet would be reasonable, providing that parking and egress and ingress can be addressed, if that is the case, ! think that should be expanded. The Ag Committee is going to work on updating the farm stand code and hopefully, this will be incorporated in that in the future. Another problem is that, ! grow horticultural products, poinsettias-November and December. ! will be damned if ! am going to sell them in a farmstand opened, one side to the weather, un-insulated building and unheated. Not going to happen. We will move down to Land Preservation Committee, the Committee shall consist of 7 members, to be appointed and serve at the pleasure of the Town Board, the Chairman of the Committee shall be designated by the Town Board. ! think that we should have in there that 4 must be active farmers and from different agricultural commodities. The reason being, is down in part 2-A, we March 23, 2004 4 Southold Town Board have: to review all matters relevant to development rights and the agricultural economy in general, if they ain't farmers, they haven't got a clue. The following page, to serve as a review board for the granting of approvals for the construction, reconstruction; ! have a problem with reconstruction. If ! have a snowstorm or a hurricane take down part or all of my greenhouse, the first thing ! am going to do is call my insurance company, second thing ! am going to do is call my builder; there will be a crew out of Holland within a couple of days and it is going to get put up. ! am not going to go to any Committee. Now, in this case, we would have to consider that my development rights have been sold. But ! am not going to go to a committee if that is the case. ! need to be put back in business and put back in business rapidly. ! also have on another page, lot coverage. ! have a major problem with 20%. ! have given Tom, the Board ! think has gotten some sliding scale numbers on smaller parcels, which would help smaller entrepreneurs succeed in horticulture. My grandfather was once a small horticultural operation and these small guys are the future of the industry, so ! think we need to consider that. In general, what ! would like to do is say that we need, this is a work in progress. It is by no means ready for a public hearing. What ! have is an outdated copy already that was worked on this morning, which means that there is progress being made. It doesn't mean that we can't continue to make progress and maybe by the next Board meeting have a document that we are all satisfied, so when it does go to a public hearing it sails through. That is all ! would like to say for tonight. Thank you. SUPERVISOR HORTON: Thank you, Bob. Would anyone else care to address the Board? Mr. Cooper and Ms. Egan, ! will call on you next. DOUG COOPER: Doug Cooper, Mattituck, ladies and gentlemen. ! have to echo Bob's comments, ! think this resolution should be tabled for the time being, until it has had a chance to be worked on and we can have some general agreement with it. One of the lines in the proposed resolution, at least the one before today, is a definition of a development right. The permanent legal interest or right to prohibit or restrict the use of land for any purpose other than agricultural production. What is left after you buy the development rights is the use of the land for agricultural production and this proposed resolution, severely, in some places restricts agricultural production. ! fear that it will dis-encourage people to participate in the development rights program. We are at a program at a point where we want to foster our preservation here and this resolution ! feel will hurt our preservation. ! would like this Board to table it for the time being until we can work on a better resolution. Thank you. SUPERVISOR HORTON: Ms. Schroeder. GWENN SCHROEDER: ! came in late but ! assume that everybody that just spoke was talking about resolution #259? SUPERVISOR HORTON: That is correct. MS. SCHROEDER: ! would encourage you to hold the public hearing because that is the only way you are going to get input from the entire community and if you choose not to act on the law at the public hearing, you always have the opportunity to go back and rework it but ! would encourage you to hold the hearing. March 23, 2004 5 Southold Town Board SUPERVISOR HORTON: Thank you, Ms. Schroeder. Are there other comments from the floor? Mr. Mudd. STEVE MUDD: Good evening, Board. ! am Steve Mudd from Southold, a grape grower. Pertaining back to some of the comments in regard to this resolution in 25-53, to get back to that lot coverage paragraph, the bottom half of that paragraph it has in there that certain improvements that are not regulated by this Chapter may be installed on any portion of agricultural lands and shall be excluded from lot coverage calculations, they include plant support structures such as trellises, wires and similar structures. Hoop houses or high tunnels covered with poly or similar material used to moderate growing conditions provided they are removed from the land at some during the crop year and all fences. ! am really confused over this statement. SUPERVISOR HORTON: Steve, not to interrupt but on that specifically, after we spoke yesterday on the phone, we had a discussion about that specifically this morning at the work session and you, ! had the same reading of it as your understanding as well and the Board addressed it to ensure that the way it would read now, 'these improvements include: all fences; plant support structures such as trellises, wires and similar structures; and hoop houses or high tunnels covered with poly or similar material used to moderate growing conditions of crops provided they are removed from the land at some point of the crop year.' So that grammatically, the way that it did read would encompass all of those materials or tools and the way it reads now is that it is just for hoop houses and high tunnels are the only items in that paragraph that would have to be dealt with per annum. MR. MUDD: To be considered to be removed during the growing season? SUPERVISOR HORTON: That is correct. Trellises and fences and plant support structures would not have to be taken up once a year. MR. MUDD: Okay. Well, if it is in regard to the hoop houses, is that being defined to be just the coverings of the hoop houses have to be removed or do the actual frames have to come down? SUPERVISOR HORTON: That is a question ! don't know the answer .... COUNCILMAN WICKHAM: Just the covering. MR. MUDD: Just the covering? COUNCILMAN WICKHAM: That would be my interpretation. MR. MUDD: Okay. Is there a possibility of getting that revised issue? SUPERVISOR HORTON: Yes, absolutely. MR. MUDD: Thank you. SUPERVISOR HORTON: Mr. Gaipa. March 23, 2004 6 Southold Town Board WALTER GAIPA: Good evening, my name is Walter Gaipa from East Marion. I have an herb growing greenhouse business in East Marion and I live in East Marion. In regards to the discussion on the ag-structures in that resolution, I would strongly urge the Town Board to delay the public hearing until more input is received specifically from New York State Agriculture and Markets, I know it has been solicited and it is forthcoming. Their mission is to guide local governments and farmers in preserving agriculture so that it remains viable. I would question why to start a process that surely will be challenged, as it is so restrictive that it will forever change $outhold's agriculture, as we know it today. On a personal basis, I would not be able to expand my greenhouse business because the high cost of land would be so prohibitive that at 20% lot coverage, I would have to purchase much more land than I would need or could afford. Land with the development rights intact are now out of the question as being too expensive. The DRS land is the only land that is affordable to me and without some relief or a higher percentage of lot coverage on smaller lots, such as the sliding scale that has been mentioned, I would have nowhere to go. And Mr. Wickham, you have been quoted several times as saying the smaller growers and the greenhouse people will be affected by this the most. Well, I am for real and I am here to tell you that the business my wife and I started 15 years ago from scratch could go no further nor could my son join us. This Town should be proactive to agriculture but unfortunately; it has a history of being unfriendly to agriculture. The recent Keyspan auction last week should offer proof enough that specialty growers are the future in agriculture. All involved were surprised by the number of small growers that bid on that piece of property. My question to this Town Board is whether they would want to be remembered as the Town Board that ended agriculture, as we know it today? We are willing to work with you and we are fortunate enough to have an agency so well versed in this topic as the New York State Department of Agriculture and Markets. I would hope that you will make the intelligent choice and wait for their input. Thank you. COUNCILMAN WICKHAM: I would like to respond, just very briefly. That the Keyspan auction that you just referred to has a 10% lot coverage figure and what we are proposing here is 20%. MR. GAIPA: Well what I was referring to was not the, in the lot coverage point but that there were several small growers whether they were field crops or whatever, just to show you that there are a lot of small growers like myself where people don't want to do row cropping. But I am aware of that, thank you. SUPERVISOR HORTON: Ms. Tole. CATHY TOLE: Good evening, Cathy Tole from Greenport. I just have a question. I have the preliminary agenda that ! pulled up today and tonight's final agenda and ! see that the hearing was originally set on the thing that seems to the subject of most of the conversation, the hearing was originally set for April 6, so you already did respond with the two week delays, is that so? In that you are suggesting now the 20th? SUPERVISOR HORTON: That is correct. MS. TOLE: So it is already being put off?. Thank you. SUPERVISOR HORTON: Are there other comments from the floor? Mr. Lee. March 23, 2004 Southold Town Board 7 FRED LEE: Supervisor Horton, members of the Board, my name if Fred Lee, I am a vegetable farmer in Peconic. ! just want to say a couple of brief comments and make a suggestion. ! basically agree with most of the comments that have been said just before me, ! don't have a copy, ! just got a copy of the Chapter 25, ! had one in my office but looking through it, ! felt that it was out of date, that it needs to be revised. ! don't know if it has been re-worded recently but ! felt that it was, it didn't match what we need to do here in the town to adapt to the changes that are taking place in the agricultural industry. So, basically in a nutshell, ! would like to urge or request that the Board take input from the Town Ag Advisory Committee, let them come up with a working draft for your review and comment or input. That is basically what ! feel should be done and ! hope that you would consider that. COUNCILMAN WICKHAM: May I respond to that briefly? I think there is a lot of truth to what you said. ! think a lot of the stuff is out of date. By the way, there has been hardly any change since the draft that you have seen and what we are taking up tonight. SUPERVISOR HORTON: Grammatical issues. COUNCILMAN WICKHAM: Grammatical issues, etc. But there is a lot of stuff in there that is rather out of date. For example, the definition of farm stands. ! would urge the Ag Advisory Committee and other committees of the town to update all of that but until it is updated, ! don't see how we should be enacting legislation for within, for lands that the development rights have been sold from that is more liberal than what can be done on lands that development rights have not been sold from. So until that change is made, ! don't see how we can bring in legislation that would be more liberal than that. SUPERVISOR HORTON: The farm stand issue if ! may, is something that has to be addressed and the Ag Advisory Committee has made, you know, the definition of farm stand, has made that a priority. And there was a firm commitment on the Board at the work session this morning, you know agreement and commitment that the farm stand definition has to be re-worked and when it is re-worked in the town code, should also be adapted or incorporated into this body of legislation when the time comes. COUNCILMAN ROMANELLI: And also just to be clear, on the AC and R-80 land currently now, outside of agriculture, it is only 20% lot coverage, so what this...without development rights sold, there is only 20% lot coverage, so what this legislation is doing for ag structures is really not going above what the zoning allows now, 20% lot coverage. So it is staying within the current zoning criteria of lot coverage. MR. LEE: So what is then set for the consideration of when it would be either voted on or reconsidered? COUNCILMAN ROMANELLI: April 20th. MR. LEE: April 20th? SUPERVISOR HORTON: This resolution is setting a public hearing for April 20th at 8:10 P.M. March 23, 2004 8 Southold Town Board MR. LEE: So there is sufficient time, hopefully, to be able to work through some of the details? Thanks. SUPERVISOR HORTON: Well any major changes, whether it was suggested now or that came up at the public hearing, any major changes if we wanted to incorporate them into this legislation, would be incorporated and then the entire body of legislation would have to be re-noticed and set to yet another public hearing. COUNCILMAN ROMANELLI: And the lot coverage issue, if we go above the 20% on ag lands with development rights sold, then we really have to look at the other side, do we go above 20% on that zone? On an R-80 or AC zone? Do we go above 20%, do we give more to ag uses and less to non-ag uses? SUPERVISOR HORTON: Thanks, Mr. Lee. Are there other comments from the floor, specific to the resolutions? Mr. Baiz. CHRIS BAIZ: Good evening, ! am Chris Baiz from Southold; some people call me a dirt farmer. ! just grow grapes. In consideration of resolution #259 tonight, over the last several months as we have watched attempts at developing the various aspects of this legislation, we have been having it tracked with the division of Agriculture and Markets in Albany through their Department of Protection. The simplest thing to make this thing acceptable to the farming community; is to simply get the definitions in line with the Agriculture and Markets Division of what New York State agriculture is. That is the simplest thing to do. As your legislation stands right now, every single clause is challengeable by the Commissioners office of Agriculture and Markets for those properties in the Town of Southold, which are in the agricultural district of New York State, number one. And that is 7,700 acres, if ! am not mistaken in the Town of Southold and in terms of updating and getting in synch with what agriculture is in New York State, when we talk about lot coverage on AC and R-80 land, that 20% was on the basis that it would be subdivided and have hundreds of houses on it and it was meant for 20% lot coverage per house per lot in that zoning. It was not meant for agricultural buildings. SUPERVISOR HORTON: That is a true statement. MR. BAIZ: There is an issue also, in terms of what are or are not agricultural buildings and Ag and Markets is very clear in Albany and again, the restrictions set in this current legislation, as it stands, every single point to that issue is completely challengeable by the Commissioner's office in Albany and my own hope is that we could at least get in step and in synch with agriculture in the rest of New York State so that we don't embarrass ourselves by inviting actions and challenges because we choose to write something that is more restrictive than what Ag and Markets defines as acceptable to agriculture in the State of New York. ! would hope that by streamlining the process and getting in step, that we can get back the farmers trust and confidence in the Town and in the Town Board and until that point, ! would also add my voice to either tabling this or simply getting the definitions before the legislation comes up for public hearing on the 20th of April. Getting the definitions in synch with Ag and Markets, without exception. Thank you. SUPERVISOR HORTON: Thank you, Mr. Baiz. Are there other comments from the floor on resolutions on the printed agenda? Mrs. Egan. March 23, 2004 Southold Town Board 9 JOAN EGAN: Good evening, Mr. Horton, Mr. Romanelli, Ms. Evans, what's his name that doesn't fly the American flag, ladies at the end. Number one, ! think each and every one of you should look at yourselves and review the Town Hall meetings on TV. SUPERVISOR HORTON: Do you have a specific resolution you would like to address? MS. EGAN: Some of the people don't .... SUPERVISOR HORTON: Mrs. Egan. MS. EGAN: ! will proceed... SUPERVISOR HORTON: This is a time to address resolutions, if you would like to address resolutions, please do so. MS. EGAN: This is part of it. SUPERVISOR HORTON: What resolution is this? MS. EGAN: That you look at yourselves so that you don't make the same mistakes and you don't have any laughing hyenas up there. Now, on reports, did anyone read... SUPERVISOR HORTON: This is a time to address resolutions, Mrs. Egan. MS. EGAN: The town justice reports from Bruer and Price? SUPERVISOR HORTON: This is a time to address resolutions, Mrs. Egan. MS. EGAN: This is part of the Town Hall meeting. SUPERVISOR HORTON: No, Mrs. Egan, this is time to address resolutions. MS. EGAN: Alright, ! will proceed but that should be done, you are rushing me again. Now, item 222, 22 to you. SUPERVISOR HORTON: What? MS. EGAN: Human Resource Center. Are we giving Mrs. McLaughlin a pay raise or is this just general over the board? SUPERVISOR HORTON: This is establishing the rate of pay for a position. MS. EGAN: For a position? A new position? SUPERVISOR HORTON: A new position that Mrs. McLaughlin would be eligible to apply for. March 23, 2004 Southold Town Board 10 MS. EGAN: So she will hold two hats and two salaries? SUPERVISOR HORTON: No. No. MS. EGAN: Talk to me. SUPERVISOR HORTON: It is creating a salary scale for a position. MS. EGAN: So she already is the Director? SUPERVISOR HORTON: Right now her official title is, what is her official title, is .... Director of Senior Services, ! believe. MS. EGAN: She is what, dear? SUPERVISOR HORTON: Director of Senior Services and Director of Human Services is a different title. MS. EGAN: So why... SUPERVISOR HORTON: This would incorporate the senior services. MS. EGAN: So why, she will then receive another salary? SUPERVISOR HORTON: Mrs. Egan. MS. EGAN: This is important. SUPERVISOR HORTON: No, Mrs. Egan, ! will tell you this again. Please listen closely. This is to establish a rate of pay for a position. MS. EGAN: Is anyone eligible for that position? SUPERVISOR HORTON: We would have to call for a list; that is correct. A civil service list. MS. EGAN: Call who? SUPERVISOR HORTON: We would go to Suffolk County Civil Service and ask them for the list of people who qualify or who passed the test. MS. EGAN: Okay. That resolves that. Now, item 226, ! don't quite understand that because Peconic Landing has made a mess up there, is this Peconic Landing where the people are? 226? SUPERVISOR HORTON: Yes. March 23, 2004 11 Southold Town Board MS. EGAN: Now what does that have to do with us with bonds? To see that they perform, that they perform what they said they would do. SUPERVISOR HORTON: Yes. That is correct. MS. EGAN: And if they don't, then they don't get... SUPERVISOR HORTON: That is correct. MS. EGAN: Okay, that is fine. Now, well, I am really not qualified and I think I will be doing it on item #231, now, we have #234, 235 and 236 and they are all the same? Did they spend too much money or we need more money or what? I mean the Highway Department under Superintendent Harris has been terrible with lawsuits, the lawsuits are terrible up there. SUPERVISOR HORTON: Those are transfers, budget modifications. It is a transfer of money from one line within that departments budget to another. MS. EGAN: So borrowing from Peter to pay Paul again. SUPERVISOR HORTON: As you like to say, yes. MS. EGAN: Oh, item #238, now I thought this was pretty well covered at the last meeting by other people who did a very good job, that we are going to have to spend the money for LIPA? First off, I don't think those poles should be underground because they can rot and when they have a problem, you can't find them. Is this what we are talking about, the money appropriation... SUPERVISOR HORTON: Yes. MS. EGAN: And that is wrong. SUPERVISOR HORTON: Okay. MS. EGAN: That is terrible and please, when you pass the resolutions again I ask you, don't speed them. At least give them us the courtesy before you say yes, yes, yes, yes, yes. It is very rude and wrong and god is watching and so am I. I think #243 is addressed by other people and of course, Mr. Romanelli, #246. We are going to work on changing that word, aren't we? COUNCILMAN ROMANELLI: Yes, we are. MS. EGAN: Soon? Possibly before Christmas of 20207 SUPERVISOR HORTON: That is a possibility. MS. EGAN: Oh. Item 254. Now, why do we need a sprinkler system? If the roof is leaking, that will work fine. March 23, 2004 12 Southold Town Board SUPERVISOR HORTON: That is a good point. MS. EGAN: Now, this is very important Mr. Horton. Does everyone here who works in Town Hall... SUPERVISOR HORTON: Is this about a resolution, Mrs. Egan? MS. EGAN: Absolutely, know where the fire extinguishers are and how to use them? SUPERVISOR HORTON: That is a good question. MS. EGAN: I don't want an answer with 'that is a good question'. Write it down. Mr. Romanelli, why don't you write it down? Why don't you do something instead of sitting there, holding your nose up? Okay. Item #266. Is your nose falling off too, Mr. Ross? Or your chin? SUPERVISOR HORTON: Mrs. Egan, please. MS. EGAN: I am sorry. It is very disrespectful. Now when you talk about the clean up, will these have to be in black bags, clear bags or these stupid new brown bags that are going to cost us more money for garbage? Does anyone know? SUPERVISOR HORTON: I am trying to get to that resolution there. MS. EGAN: Well, you have a whole Board up there, why don't you... Mrs. Egan, Mrs. Egan. You are addressing #266. SUPERVISOR HORTON: MS. EGAN: Correct. SUPERVISOR HORTON: And what do you want to know? MS. EGAN: I want to know, you say you are going to have free of charge, 4 weeks. Spring clean up. Now, what do these leaves have to be in? SUPERVISOR HORTON: They have to be in those stupid biodegradable bags. MS. EGAN: That we have to purchase? SUPERVISOR HORTON: That is correct. MS. EGAN: That is disgraceful. SUPERVISOR HORTON: Okay. MS. EGAN: Absolutely. Oh, incidentally, I bought a yellow bag up here and it ripped as I was opening it. Oh, item #267 fits in with my thinking with the town vehicles. I have had to stop at the police station several times about letters addressing certain things and every time I go there .... March 23, 2004 13 Southold Town Board SUPERVISOR HORTON: Mrs. Egan, what other resolutions do you have? MS. EGAN: ..... the new police cars ain't working and that is why you didn't get down there to that robbery at North Fork Bank. Thank you very much. SUPERVISOR HORTON: Ms. Tole. KATHY TOLE: Kathy Tole, Greenport. Just a question. The traffic light at Cox and 48, doesn't it exist already? SUPERVISOR HORTON: It does exist. That is actually an agreement, when the County puts up traffic lights, once they complete the work and it has been monitored for a period of time, the Town then takes over the maintenance of the traffic light. MS. TOLE: Okay. Thank you. SUPERVISOR HORTON: We are going to switch it to red, white and blue. Yes, Mr. Harris. PETER HARRIS, SUPERINTENDENT OF HIGHWAYS: Peter Harris, Superintendent of Highways, Southold Town. For everyone in this room's information pertaining to the budget modifications, 75% of those funds were to cover over expenditure for snow removal and over-time for 2003. Pertaining to the spring clean-up; anyone who wishes not to use the new paper biodegradable bags, you may take them to the town landfill in plastic bags yourselves as long as you empty them. There will be a receptacle for you to put the bags in or you may take them back home with you to use again. Thank you. SUPERVISOR HORTON: Thank you. Would anyone else care to address any of the resolutions on the printed agenda? Yes, Mr. Glover. JIM GLOVER: Hi, Jim Glover, Glover Perennials nurseryman in Mattituck, resident of Greenport. ! just wanted to touch base back again with regard to the ag structures resolution. Just a little bit about where ! am coming from and how this relates to me specifically, ! have a nursery business of 7 years now, so ! guess ! represent sort of a new farmer out here. ! am on 2 lA acres and that is pertinent because that also reflects to what the ability to have a viable farm these days, to be a farmer on a small piece of land such as 2 lA acres is a doable proposition. Having been there 7 years and having pretty much maxed it out now, ! am actually in the process of looking for a larger parcel in which to grow my business, ! have been a little bit out of touch with regard to what has been going on in Town Hall over the last couple of weeks, my wife and ! just had a baby daughter and ! haven't really kept abreast of everything. SUPERVISOR HORTON: Congratulations. MR. GLOVER: Thank you. And ! guess my little baby daughter pertains to this in a way, also in that ! hope if her or perhaps another heir of mine would someday want to carry on the tradition of my nursery business, ! am in kind of a bind right now that the land prices alone are enough of a hindrance to small farmers and new entrants to the industry of farming that we don't need additional hindrances March 23, 2004 Southold Town Board 14 that will further tie our hands behind our backs, above and beyond what it actually takes to be a farmer. ! just would echo the recommendations of others here tonight about how we can potentially improve the resolution so that it is a little less onerous for someone such as myself, or someone who is a more established, larger farmer as well. Thank you very much. SUPERVISOR HORTON: Thank you, Mr. Glover. Are there other comments from the floor on the resolutions on the printed agenda? Yes, Ms. Schroeder. MS. SCHROEDER: Could you just clarify #274, please? SUPERVISOR HORTON: Yes. Last year you will recall, the Town Board amended both the business and the hamlet business zoning codes, to allow as of right accessory apartments in those codes and in doing so, there was an error made that, the way it was written prior to the error, that municipalities and fire departments and schools, basically public buildings, didn't have to go through the site plan process and when that was changed to accommodate the accessory apartments, that was eliminated wrongfully, by accident or inadvertently, that is the word. MS. SCHROEDER: Okay, thank you. SUPERVISOR HORTON: Are there other comments on the resolutions? Is it on a resolution, Mrs. Egan? MS. EGAN: ! notice on #268, that this Jane Edstrom, reinstate her to the position of Senior Clerk Typist, ! would imagine that would be here but then it goes on to #269, that she should be up at the Human Resource Center? SUPERVISOR HORTON: She already is at the Human Resource Center and does an excellent job, as everyone at the Human Resource Center does. MS. EGAN: Didn't, didn't .... oh, absolutely not. They have too many changes up there. SUPERVISOR HORTON: Mr. Cooper. MR. COOPER: Could you explain #281, please? SUPERVISOR HORTON: This is to, #281 is to transmit the piece of legislation that has been the source of discussion this evening, to transmit that to New York State Ag and Markets, the Department of Protection for their review and comment. Yeah and Suffolk County Planning, Town Planning Board and ! believe that is it. So it is to send the legislation off for comment by New York State Ag and Markets. MR. COOPER: Thank you. SUPERVISOR HORTON: Thank you. Other comments from the floor on the resolutions? It is 8:15 and we have a great many resolutions but we also have a number of public hearings and ! would like to move ahead into our public hearings, if that is agreeable with the Board. March 23, 2004 Southold Town Board 15 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board meeting be and hereby is declared recessed in order to hold three (3) public hearings on the matter of {1.7 HEARING ON THE PURCHASE OF DEVELOPMENT RIGHTS EASEMENT ON AGRICULTURAL LANDS OF SEPENOSKI~ JR. AND OTHERS~ SCTM #1000-69-1-C 37025 COUNTY ROUTE 48~ SOUTHOLD; (2.) HEARING ON "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF P/O SCTM #1000-96-01-01 FROM LIGHT INDUSTRIAL PARK/PLANNED OFFICE PARK (LIO) TO LIGHT INDUSTRIAL (LIT" AND (3.) HEARING ON THE PURCHASE OF THE PROPERTY OF VREELAND AND WILLS~ SCTM #1000-106-1-7~ 1860 RUTH ROAD~ MATTITUCK. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly adopted. Meeting reconvened at 8:37 P.M. #222 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby amends resolution no. 173 of 2004 adopted at the regular Town Board meeting on March 9~ 2004 which establishes the rate of pay for Town Director of Human Services to the following: For full-time employees hired on or before June 8~ 1999 Effective January 1,2002 Step Annual Salary 3 64,515.54 4 65,574.36 5 68,225.08 For full-time employees hired after June 8, 1999 Effective January 1,2002 Step Annual Salary Entry 55,426.15 1 57,926.15 2 58,926.15 3 60,276.15 4 61,276.15 5 63,776.15 Vote of the Town Board: Aye: Councilman Ross, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Councilman Wickham, Councilman Romanelli, #223 Moved by Councilman Ross, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold authorizes and directs Deputy Supervisor Martin Sidor to execute an agreement with the following individuals for the spring March 23, 2004 Southold Town Board 16 2004 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 2004 instructor line A7020.4.500.420. Thomas Boucher (guitar) ................................................................. $25/hour Eugenia Cherouski (folk dancing) ................................................... $25/hour Custer Institute (stargazing) ............................................................... $45/person Custer Institute (youth stargazing) .................................................... $3 O/person Shirley Darling (tennis) ................................................................... $25/class Steve Delaney (teen nights) ............................................................. $20/hour Martha Eagle (Aerobics) .................................................................. $30/hour East End Insurance Services (Defensive Driving) ............................ $3 O/person Dan Gebbia (dog obedience) .......................................................... $55/dog Carol Giordano (Baton) ................................................................... $25/class Tricia Graffagnino (teen nights) ........................................................ $20/hour David Haurus (golf) ......................................................................... $38/person Mary Hewitt (creative scrapbooking) .............................................. $22/hour Hidden Lake Farms (Horseback Riding) ......................................... $215/person Rosemary Martilotta (hatha yoga) ........................................ $55/class Tom McGunnigle (golf) ................................................... $45/person Jim Mikelbank (youth basketball) ........................................ $25/hour Theresa Pressler (youth programs) ................................................. $25/hour Laurie Sanders (decorative painting) ................................................ $20/hour Laurie Short (aerobics classes) ......................................................... $25/hour Steve Smith (weight training) ............................................................ $25/hour Sali Stern (figure drawing) ................................................................ $20/hour Touch Dancing Studios (ballroom) ............................................ $48/person Chris Vedder (golf) ......................................................................... $38/person Dorothy Wolf (bridge) ...................................................................... $25/hour US Coast Guard Auxiliary Flotilla 18-8 (GPS) .............................. $20/person Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #224 Moved by Justice Evans, seconded by Councilman Romanelli, it was 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 the County of Suffolk~ in reference to the installation of the traffic signal at CR 48, Middle Road ~ Cox Lane, Cutchogue, whereby the Town of Southold assumes all maintenance responsibility for the traffic signal, as of March 17, 2004. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. March 23, 2004 Southold Town Board 17 #225 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Part Town 2004 budget as follows: FROM: B.8010.1.100.100 TO: B.8010.4.500.400 Vote of the Town Board: Zoning Board of Appeals, P.S. Regular Earnings 4,000.00 Zoning Board of Appeals Court Reporters 4,000.00 Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #226 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the release of the remaining $132,000.00 performance bond guarantee for improvements in Peconic Landing at Southold, Inc., located at north side Main Road, east of Sound Road at Greenport, New York all in accordance with the recommendation of the Planning Board and approval of the Town Engineer. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #227 Moved by Councilman Ross, seconded by Councilman Romanelli, it was 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 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 $50,000, and the contract term shall be from January 1, 2004 - December 31, 2004. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #228 Moved by Justice Evans, seconded by Councilman Wickham, it was 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 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 $35,000 and the contract term shall end on December 31, 2004 or at the completion of the tasks outlined in the contract. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. March 23, 2004 Southold Town Board 18 This resolution was duly ADOPTED. #229 Moved by Councilman Wickham, seconded by Justice Evans, WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York on the 23rd day of March, 2004, a Local Law entitled "A Local Law in Relation to a Stop Sign on Love Lane, Mattituck, New York", 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 20th day of April~ 2004 at 8:00 p.m, at which time all interested persons will be given an opportunity to be heard. This proposed "Local Law in Relation to a Stop Sign on Love Lane, Mattituck, New York", reads as follows: Local Law No. I. Purpose- The purpose of this Local Law is to improve safety for pedestrians and vehicles at the intersection of Love Lane and Pike Street. II. Chapter 92, Section 92-30 (Vehicles & Traffic) of the Code of the Town of Southold is hereby amended as follows: Stop Sign on Love Lane III. IV. Vote of the Town Board: Aye: Councilman Ross, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Direction At Intersection Locations Of Travel With North and Pike Street Mattituck South 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. This Local Law shall take effect immediately upon filing with the Secretary of State. Councilman Wickham, Councilman Romanelli, #23O Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Beth Dzenkowski to attend a one day seminar entitled "The Rights of School & Police Personnel: Managing Your School Environment" commencing on Monday, March 29, 2004, at the East Hampton Village Police Department, East Hampton, NY. Registration fee is $75.00. Travel to be by Town vehicle. All expenses to be a legal charge to the Police Department Training budget line - A.3120.4.600.200. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. March 23, 2004 Southold Town Board 19 #231 Moved by Supervisor Horton, seconded by Councilman Romanelli, 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 John B. Sepenoski, Jr. & others, pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-69-1-6 and 37025 County Road 48, and is located on the north side of Middle Road (C.R. 48), approximately 500 feet west of North Road at its intersection with Middle Road (C.R. 48) in Southold. The development rights easement comprises approximately 34.3 acres of the 39.3 acre farm. The exact area of the development rights easement is subject to survey. The purchase price is $30,000 (thirty thousand dollars) per buildable acre. The Town may be eligible for a grant from the New York State Department of Agriculture for partial purchase of this property and part of the purchase price may be reimbursed from that agency; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further 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 SEQRA Rules and Regulations for this action. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. Abstain: Councilman Ross. This resolution was duly ADOPTED. #232 Moved by Justice Evans, seconded by Councilman Wickham, WHEREAS, the Town Board of the Town of Southold wishes to purchase the property owned by Joella Vreeland and Frank Wills totaling approximately 0.86 acre (subject to survey), identified as SCTM #1000-106-1-7, at the purchase price of $40,000 (forty thousand dollars), for open space and nature preserve purposes, pursuant to the provisions of Chapter 59 of the Code of the Town of Southold; and 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 SEQRA Rules and Regulations for this action. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. March 23, 2004 Southold Town Board 20 #233 Moved by Councilman Wickham, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Highway Fund Part Town 2004 budget as follows: TO: Brush & Weeds/Misc. $611.10 Typewriters DB.5140.2.200.100 FROM: DB.5140.4.100.100 Contractual Expense Supplies & Materials Vote of the Town Board: Aye: Councilman Ross, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $611.10 Councilman Wickham, Councilman Romanelli, #234 Moved by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 Highway Fund Part Town budget as follows: To: DB.5110.1.100.200 DB.5110.1.100.300 DB.5110.4.100.200 DB.5110.4.100.920 DB.5110.4.100.950 DB.5110.4.100.960 DB.5110.4.100.975 DB.5130.4.100.500 DB.5130.4.400.650 DB.5142.4.100.100 DB.5142.4.100.525 From: DB.5110.4.100.900 DB.5110.4.100.905 General Repairs, P.S. Overtime Earnings General Repairs, P.S. Vacation Earnings Supplies & Materials, C.E. Fuel/Lubricants Supplies & Materials, C.E. Sand Supplies & Materials, C.E. Warning Devices Supplies & Materials, C.E. Drain Pipe/Rings/Covers Supplies & Materials, C.E. Steel Machinery, C.E. Parts & Supplies Machinery, C.E. Maintenance & Repairs Snow Removal, C.E. Miscellaneous Supplies Snow Removal, C.E. Snow Fence 14,259.71 1,460.68 10,849.71 2,245.21 244.91 4,466.34 2,645.34 657.49 1,100.00 456.18 4,653.00 Supplies & Materials, C.E. Resurfacing Projects Supplies & Materials, C.E. Asphalt Patch 36,805.00 5,109.18 March 23, 2004 Southold Town Board 21 DB.5110.4.100.995 Supplies & Materials, C.E. Signs & Sign Posts 1,124.39 Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #235 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 Highway Fund Part Town budget as follows: To: Revenues: DB.3501.00 To: Appropriations: DB.5112.2.400.905 Consolidated Highway Aid CHIPS Capital Payments $223,704.07 Consolidated Highway Improvements CHIPS Resurfacing/Reconst. $223,704.07 Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #236 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 Highway Fund Whole Town budget as follows: To: DA. 5130.1.100.200 DA. 5130.1.100.300 DA. 5130.4.100.500 DA. 5130.4.400.650 DA. 5140.1.100.200 DA. 5140.4.100.125 DA. 5140.4.100.400 DA. 5140.4.600.300 DA. 5140.4.600.600 Machinery, P.S. Overtime Earnings Machinery, P.S. Vacation Earnings Supplies & Materials, C.E. Parts & Supplies Supplies & Materials, C.E. Maintenance & Repairs Brush & Weeds/Misc., P.S. Overtime Earnings Supplies & Materials, C.E. Miscellaneous Supplies Supplies & Materials, C.E. Implements (Small Tools) Brush & Weeds/Miscellaneous Travel Brush & Weeds/Miscellaneous Dues & Subscriptions 13,101.12 900.70 11,885.34 10,482.52 3,827.94 2,451.42 749.51 4,044.50 232.61 March 23, 2004 Southold Town Board 22 DA. 5142.1.100.200 DA. 5142.4.100.935 DA. 5142.4.400.700 DA.9030.8.000.000 From: DA. 5130.1.100.100 DA. 5130.2.300.100 DA. 5130.2.500.300 DA. 5130.2.500.400 DA. 5130.4.100.550 DA. 5140.1.100.100 DA. 5142.1.100.100 DA. 5142.4.100.525 DA. 5142.4.100.100 DA.9040.8.000.000 Snow Removal, P.S. Overtime Earnings Snow Removal, C.E. Rock Salt Snow Removal, C.E. Contracted Snow Removal Social Security Employee Benefits 3,396.40 14,328.23 1,010.00 1,886.46 Machinery, P.S. Regular Earnings Machinery, Equipment Light Duty Vehicles Equipment, Other Equipment Contractor Equipment Equipment, Other Equipment Radio Equipment Machinery, C.E. Tires Brush/Weeds, Misc., P.S. Regular Earnings Snow Removal, P.S. Regular Earnings Snow Removal, C.E. Snow Fence Snow Removal, C.E. Miscellaneous Supplies Workers Comp, Employee Benefits Workers Comp, Benefits Vote of the Town Board: Aye: Councilman Ross, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. 42,855.63 4,818.80 268.00 1,819.94 935.54 11,305.98 131.40 3,265.00 1,010.00 1,886.46 Councilman Wickham, Councilman Romanelli, #237 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2003 budget as follows: To-' March 23, 2004 Southold Town Board 23 A. 1010.4.500.150 A. 1010.4.500.300 A. 1220.1.100.100 A. 1220.1.200.100 A. 1220.4.600.600 Town Board, Fee for Service Court Reporters Town Board, Fee for Service Environmental Consultant Supervisor, P.S. Full Time Employee Regular Earnings Supervisor, P.S. Part Time Employee Regular Earnings Supervisor, C.E. Dues & Subscriptions 1,600.00 7,000.00 150.68 50.43 9.75 From: A. 1010.4.100.100 A. 1010.4.400.300 A. 1220.4.100.100 Town Board, C.E. Supplies & Materials Town Board, C.E. Printing Supervisor, C.E. Office Supplies/Stationary Vote of the Town Board: Aye: Councilman Ross, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. 1,000.00 7,600.00 210.86 Councilman Wickham, Councilman Romanelli, #238 Moved by Councilman Romanelli, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 General Fund Whole Town budget To: A. 1010.4.600.710 From: A. 1990.4.100.100 as follows: Town Board, C.E. Transportation Committee Orient Causeway Feasibility Study Contingent, C.E. Unallocated Contingencies $10,000 Vote of the Town Board: Aye: Councilman Ross, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. 10,000 Councilman Wickham, Councilman Romanelli, #239 Moved by Councilman Ross, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Solid Waste Management District 2003 budget as follows: To~ SR. 8160.1.200.100 SR. 8160.4.100.200 SR. 8160.4.100.550 SR. 8160.4.100.595 Part-Time Employee Regular Earnings Diesel Fuel Maintenance-Komatsu Payloader Maintenance-Tub Grinder 1,100.00 1,200.00 100.00 3,700.00 March 23, 2004 Southold Town Board 24 SR. 8160.4.200.200 Light & Power 1,200.00 SR. 8160.4.400.100 Engineering 4,000.00 SR. 8160.4.400.805 MSW Removal 5,400.00 From: SR. 8160.1.100.100 Vote of the Town Board: Aye: Councilman Ross, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Full-Time Employee Regular Earnings 16,700.00 Councilman Wickham, Councilman Romanelli, #24O Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2003 budget as follows: To: A. 1330.4.400.100 From: A. 1320.4.500.300 Tax Collection, C.E. Tax Bill Processing Ind. Auditing & Accounting, C.E. Accountants Vote of the Town Board: Aye: Councilman Ross, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. 3,000.00 3,000.00 Councilman Wickham, Councilman Romanelli, #241 Moved by Councilman Wickham, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 budget as follows: General Fund Whole Town To: A. 1420.4.100.200 A. 1420.4.200.100 From: A. 1420.4.500.100 Town Attorney, C.E. Books $1,300 Town Attorney, C.E. Cellular Telephone 20 Town Attorney, C.E. Legal Counsel General Fund Part Town To: B. 1420.4.500.200 Town Attorney, C.E. Legal Counsel From: $1,320 $19,000 March 23, 2004 Southold Town Board 25 B.1420.1.100.100 B. 1990.4.100.100 B.9010.8.000.000 Town Attorney, P.S. Full-time Regular Earnings Contingent, C.E. Unallocated Contingencies NYS Retirement, Benefits ERS Benefits Vote of the Town Board: Aye: Councilman Ross, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $2,200 1,500 15,300 Councilman Wickham, Councilman Romanelli, #242 Moved by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of New York Cesspool Sewer and Drain d/b/a Wind River Environmental in the amount of $.06498 per gallon for the removal, transportation and disposal of scavenger waste from the Scavenger Waste Treatment Facility. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #243 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 Community Preservation Fund as follows: From Revenues: H3.5990.00 Appropriations: H3.8660.2.600.100 Land Acquisitions Vote of the Town Board: Aye: Councilman Ross, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Appropriated Fund Balance $270,000 $270,000 Councilman Wickham, Councilman Romanelli, #244 Moved by Justice Evans, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission for the Oysterponds Union Free School District to use the following roads on Saturday~ May 8~ 2004 at approximately 10:00 A.M. for a 5K Run/Walk race: Main Road, Platt Road, Halyoke Road, Orchard Street, Narrow River Road, Harbor Street, Douglass Street, King Street, Village Lane, and Tabor Road in Orient, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town Southold as an additional insured and notify Lt. Flatley ten (10) days prior to the event to coordinate traffic. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. March 23, 2004 Southold Town Board 26 #245 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Fishers Island Ferry District 2003 budget as follows: To: SM. 5710.4 Contractual Expense From: SM.5710.1 Personal Services Vote of the Town Board: Aye: Councilman Ross, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. 12,131 12,131 Councilman Wickham, Councilman Romanelli, #246 Moved by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2004 budget as follows: From: Appropriations: A.6772.4.400.600 $ 384.00 To: Appropriations: A.6772.4.400.900 Vote of the Town Board: Programs for the Aging Contracted Services Equipment Maintenance & Repair Programs for the Aging Contracted Services Exterminating Aye: Councilman Ross, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Councilman Wickham, $ 384.00 Councilman Romanelli, #247 Moved by Councilman Ross, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2003 budget as follows: To: A.7510.1.200.100 From: A.7510.4.100.100 Historian, P.S. Part Time Regular Earnings Historian, C.E. Office Supplies/Stationary Vote of the Town Board: Aye: Councilman Ross, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. 581.00 581.00 Councilman Wickham, Councilman Romanelli, #248 Moved by Justice Evans, seconded by Councilman Romanelli, March 23, 2004 Southold Town Board 27 WHEREAS the Town Board of the Town of Southold has received and reviewed information and materials regarding the acquisition of a Payloader, Yard Waste Grinder, Tractor (Truck) and Transfer- Trailer, and the refurbishment of a Transfer-Trailer for the Solid Waste District, now therefore, be it RESOLVED that the Town Board of the Town of Southold, pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) Rules and Regulations~ hereby determines that the acquisition of a Payloader~ Yard Waste Grinder~ Tractor (Truck) and Transfer-Trailer~ and the refurbishment of a Transfer-Trailer for the Solid Waste District referred to above is classified as a Type II Action and that no further review is required. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #249 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2003 budget as follows: TO: A.3020.1.100.200 A.3020.1.100.300 A.3020.1.100.400 A.3020.1.100.500 A.3020.4.100.600 A.3020.4.600.400 A.3120.1.100.200 A.3120.1.100.400 A.3120.1.200.100 A.3120.1.300.200 A.3120.2.500.325 A.3120.2.500.700 A.3120.4.100.125 A.3120.4.100.200 A.3120.4.100.550 A.3120.4.100.800 A.3120.4.100.900 A.3120.4.400.650 A.3120.4.500.200 A.3130.2.400.400 A.3130.2.400.500 A.3130.4.100.200 A.3130.4.100.600 A.3130.4.400.650 A.3130.4.400.700 Public Public Public Public Public Public Police, Police, Police, Police, Police, Police, Police, Police, Police, Police, Police, Police, Safety Safety Safety Safety Safety Communications, Overtime Earnings Communications, Vacation Earnings Communications, Sick Earnings Communications, Holiday Earnings Communications, Uniforms & Accessories Safety Communications, Training Overtime Earnings Sick Earning Regular Earnings Overtime Earnings Trailer Soft Body Armor Law Book Service Gasoline & Oil Flares, Oxygen & Ammunition First Aide Supplies Miscellaneous Supplies Vehicle Maintenance Police, Interpreter Bay Constable, Buoys Bay Constable, Truck Cap Bay Constable, Gasoline & Oil Bay Constable, Uniforms & Accessories Bay Constable, Vehicle Maintenance & Repairs Bay Constable, Dock Rental 8,795.53 721.73 1,849.32 4,611.91 146.18 205.00 111,688.51 43,538.16 3,260.20 362.04 0.79 289.80 334.87 12,978.62 323.60 216.32 54.57 2,197.46 955.60 949.76 500.00 448.29 42.31 57.18 1,860.00 March 23, 2004 Southold Town Board 28 A.3130.4.500.400 A.3157.1.100.300 A.3157.1.100.500 A.3157.4.100.200 A.3640.2.500.700 Bay Constable, F1 Bay Constable Juvenile Aid Bureau, Vacation Earnings Juvenile Aid Bureau, Holiday Earnings Juvenile Aid Bureau, Gasoline & Oil Emergency Preparedness, Communication Equipment 2,467.00 1,424.00 674.00 24.37 233.40 FROM: A.3020.1.100.100 A.3020.2.200.700 A.3020.4.600.200 A.3020.4.600.300 A.3120.1.100.100 A.3120.2.500.350 A.3120.4.100.600 A.3120.4.400.400 A.3120.4.400.600 A.3120.4.400.700 A.3130.1.100.100 A.3130.2.400.300 A.3130.4.200.100 A.3130.4.100.100 A.3130.4.400.600 A.3130.4.600.200 A.3130.4.600.600 A.3157.1.100.100 A.3157.4.100.150 A.3640.4.600.200 Public Safety Communications, Regular Earnings Public Safety Communications, Communications Equipment Public Safety Communications, Meetings & Seminars Public Safety Communications, Travel Police, Regular Earnings Police, Trailer & Safety Seats Police, Uniforms & Accessories Police, Laundry & Dry Cleaning Police, Radar Maintenance Police, Vehicle Impound Bay Constable, Regular Earnings Bay Constable, Dry Suits & Dive Equipment Bay Constable, Cell Phones Bay Constable, General Supplies Bay Constable, Buoys Maintenance Bay Constable, Meetings & Seminars Bay Constable, Dues & Subscriptions Juvenile Aid Bureau, Regular Earnings Juvenile Aid Bureau, Presentation Materials Emergency Preparedness, Meetings & Seminars Councilman Wickham, Vote of the Town Board: Aye: Councilman Ross, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. 15,978.49 146.18 150.00 55.00 158,848.91 290.59 14,863.58 1,078.25 754.74 364.47 4,156.70 56.56 245.96 78.35 686.97 1,000.00 100.00 2,098.00 24.37 233.40 Councilman Romanelli, #25O Moved by Councilman Romanelli, seconded by Councilman Wickham, it was 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 the Family Service League of Suffolk County in reference to the Family Service League/North Fork Early Learning Center Child Day Care Project, subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. March 23, 2004 Southold Town Board 29 #251 Moved by Councilman Ross, seconded by Councilman Romanelli, WHEREAS the Town Board of the Town of Southold has established planning goals for the Town, namely at least 75 percent preservation of farmland and open space available for development, and at least 60 percent reduction from potential buildout on those lands; and WHEREAS the Town Board needs to have current information on the pace of preservation and development to make timely decisions to achieve these goals, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Technical Coordinator to coordinate a team to include him~ the Town Planner~ the Land Preservation Coordinator~ and the Chief Building Inspector to put in place the tracking system reviewed by the Board at its March 23~ 2004 meeting; and be it further RESOLVED that the team report back to the Town Board at its July 27, 2004 meeting with a tracking report for the period April 4 thru June 30, 2004. SUPERVISOR HORTON: ! just briefly want to say commend Councilmen Edwards and Wickham for taking this up and the initiative, working with the Department Heads and members of this team. This is an important issue that is going to bear tremendous fruit and information for the Town as we move forward. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #252 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby engages the professional services of The Nature Conservancy to perform Conservation Planning~ Acquisitiom 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 by hourly rate schedule as follows: Conservation Finance and Policy Advisor $49.97/hour Conservation Program Coordinator $41.85/hour GIS Manager $45.13/hour and shall not exceed $15,000 for the contract term January 1, 2004 - December 31, 2004. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #253 Moved by Councilman Wickham, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute an agreement with the County of Suffolk for the 2004 STOP-DWI Program, for the term January 1, 2004 through December 31, 2004, subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. March 23, 2004 Southold Town Board 30 #254 Moved by Councilman Romanelli, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to sign the agreement with Apollo Fire Safety for quarterly inspections of the sprinkler system at Town Hall, at an annual cost of $350.00, subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #255 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Pabco Industries~ LLC to provide the Solid Waste District with biodegradable paper leaf bags, in accordance with bid specifications. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #256 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby approves the copy provided by the Solid Waste Coordinator for advertisements in The Suffolk Times and the Long Island Traveler newspapers concerning the use of biodegradable paper leaf bags in connection with the Spring 2004 residential yard waste cleanup program. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #257 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby sets the price for surplus gravel from the landfill at $8.00/ton {2000 lbs}, effective immediately. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #258 Moved by Councilman Romanelli, seconded by Justice Evans, WHEREAS The Solid Waste District solicited bids for the removal of scrap metal from the Cutchogue Transfer Station in 2004; and WHEREAS no bids were received in response to the solicitation; and WHEREAS scrap metal is a commodity for which vendors typically pay based on a published index that fluctuates based on market conditions; and WHEREAS Gershow Recycling Corporation has since proposed a multi-year agreement March 23, 2004 Southold Town Board 31 for the removal of scrap metal at a price that is tied to a published market indicator and which would guarantee a positive price (payment) to the Solid Waste District for the duration of the agreement; now therefore be it RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Gershow Recycling Corporation for the removal of and payment for scrap metal from the Cutchogue Transfer Station, subject to the review and approval of the Solid Waste Coordinator and the Town Attorney. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #259 Moved by Councilman Ross, seconded by Councilman Romanelli, WHEREAS, there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 23rd day of March, 2004 a Local Law entitled "A Local Law in relation to the Land Preservation Committee and approvals for structures on agricultural lands subiect to development rights easement~ Chapter 25 of the Town Code of the Town of Southold" and WHEREAS the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law on April 20~ 2004 at 8:10 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled reads as follows: "A Local Law in relation to the Land Preservation Committee and approvals for structures on agricultural lands subject to development rights easement, Chapter 25 of the Town Code of the Town of Southold" LOCAL LAW NO. of 2004 A LOCAL LAW AMENDING Chapter 25 (AGRICULTURAL LANDS) OF THE TOWN CODE OF THE TOWN OF SOUTHOLD IN RELATION TO THE LAND PRESERVATION COMMITTEE AND APPROVALS FOR STRUCTURES ON AGRICULTURAL LANDS SUBJECT TO DEVELOPMENT RIGHTS EASEMENT, CHAPTER 25 OF THE TOWN CODE OF THE TOWN OF SOUTHOLD. BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS: SECTION 1. PURPOSE. The Town Board recognizes the continued importance of the Town's efforts to preserve and protect lands used for agricultural production. The purchase of development rights program, as set forth in Chapter 25, provides an important tool towards this goal. Certain aspects of the program are clarified and further defined in this legislation. The Town Board views the amendments as a necessary component to the continued success and efficient implementation of the Town's goals. SECTION 2. CODE AMENDMENT. Chapter 25 of the Town Code of the Town of Southold is amended as follows (underlined material is added, stricken material is deleted): {} 25-30. Definitions. As used in this chapter, the terms used herein are defined as follows: AGRICULTURAL LANDS - Lands used in bona fide agricultural production, i.e., lands used in the production for sale of crops, livestock and livestock products, but not land or portions thereof used for processing of such crops, livestock or livestock products. For purposes of this Chapter, agricultural lands are those from which March 23, 2004 Southold Town Board 32 development rights have been acquired by the Town. These agricultural lands may include agricultural structures as defined in this Chapter. AGRICULTURAL PRODUCTION - The production for commerc;~a! purposes sale of crops, livestock and livestock products ........... processing or ~,~;1 .... h~`4;~;~ ~,- .... h 1; .... ,~lr ~ 1; .... ,~1 .... `4..~,~ i ~`4 AG~C~T~ STRUCT~S - Agricultural structures may be allowed on agricultural lands subject to the provisions of ~ 25-52 and ~ 25-53. These structures include equipment storage buildings, greenhouses, livestock barns, driveways and any other structures used exclusively for agricultural purposes or which contribute to the production, preparation and marketing of crops, livestock and livestock products for sale, as limited in this Chapter. Fences which require a building permit or other Town approval shall be considered agricultural structures. AG~C~T~ STRUCT~S ~A- Potion(s) of agricultural lands on which agricultural structures may be approved according to ~ 25-52 and 25-53 of this chapter. ~IENATION - The transfer or any development right from the Town of Southold to another. CO~ITTEE - The Southold Town Land Preservation Committee. DE~LOP~NT ~GHT - The permanent legal interest or right to prohibit or restrict the use of land for any purpose other than agricultural production. F~ ST~ - Any structure open to the weather on at least one side, used for the sole purpose of retail sale of produce, plant stock or products cooked, pressed or dried from produce grown on hrming operations within the five East End towns. At least 80% of the produce, plant stock or products must come from the owner's or tenant hrmer's own hrming operations. A hrm stand shall not exceed 1,000 square feet in footprint area and shall not sell manuhctured products other than value-added products that comply with this paragraph. Such structure shall be one-sto~ or less, roofed or have partial walls and flooring but shall not be completely enclosed except when the business is closed. A hrm stand shall not be insulated or mechanically heated or cooled by permanent equipment. A track bed or trailer on wheels, with areas in excess of 20 square feet displaying produce, shall be considered a hrm stand. STRUCT~ - ~ything constructed in, on or under the ground or attached to anything having a location, on or under the ground, including fences. ~ 25-51. Land Prese~ation Committee. ~A. The Committee shall consist of seven (7) members to be appointed by and serve at the pleasure of the Town Board. The Chairman of the Committee shall be designated by the Town Board. (2-) (-2-)B. Duties of the Committee. (a)(a) (1D. The Committee shall perform the following Duties: March 23, 2004 Southold Town Board 33 To review all matters relevant to development rights and the agricultural economy in general. [b] To recommend to the Town Board agricultural lands from which the development rights should be acquired by the Town, and, if applicable, to identify an Agricultural Structures Area(s) on those lands where structures may be constructed pursuant to § 25-52(A) of this Chapter. To serve as a review board for the granting of approvals pursuant to § 25-53 of this Chapter for the construction, reconstruction of and additions of and to structures in or on agricultural lands in from which the development rights have been acquired by the town. [414d] To promulgate such rules and regulations as may be deemed necessary to govern the administration, procedures and duties of the Committee, which rules and regulations shall not become effective until approved by the Town Board. [5[-5e] To prepare, amend and maintain appropriate maps delineating agricultural lands, lands in from which development rights have been acquired, agricultural lands in from which development rights are proposed to be acquired and such other information as may be deemed appropriate. [66f] To perform such other duties and functions as may, from time to time, be directed by the Town Board. (b)(2) The committee shall be authorized to incur such expenses in the performance of its duties as shall be appropriated therefore by the Town Board. § 25-52. Process for Determining the Agricultural Structures Area(s) on Lands Subject to Development Rights Easement. A~. Recommendations. Prior to Town Board approval of the purchase of development rights, the Committee is authorized to recommend to the Town Agricultural Advisory Committee and the Town Planning Board one or more portion(s) of a property proposed as an Agricultural Structures Area(s). In doing so, the Committee shall follow criteria adopted for that purpose by the Town Board. The Agricultural Structures Area(s) shall be designated by the Land Preservation Coordinator on a base map. The Town Agricultural Advisory Committee shall review the Committee's recommendation and may issue an advisory report to the Planning Board. Approvals. The Planning Board shall review the recommendations from the Land Preservation Committee and the Town Agricultural Advisory Committee, and shall approve or disapprove the Land Preservation Committee's recommendation within 10 business days of receipt of the recommendation from the Land Preservation Committee. In the event the Planning Board disapproves, the Planning Board and March 23, 2004 Southold Town Board 34 the Land Preservation Committee shall meet in joint session to make a final determination. In such cases, action may be taken upon a majority vote of all Planning Board and Land Preservation Committee members, subject to the quorum requirements of the Planning Board and Land Preservation Committee. C. Survey. Agricultural Structure Area(s) approved pursuant to this Chapter shall be shown on the final survey referenced in the grant of development rights easement. § 25-53. Process for Reviewing and Approving Structures on Agricultural Lands Subject to Development Rights Easement. The Committee is authorized to review applications and issue approvals for the construction of agricultural structures as defined in this Chapter, in accordance with the following: Applications shall be referred to the Town Agricultural Advisory Committee for its report and recommendation within ten (10) business days. Construction shall be approved only on that portion of the agricultural land within the Agricultural Structures Area(s) as defined in this Chapter, if one has been identified, except that a farm stand may be located either in or outside an identified Agricultural Structures Area(s). Lot coverage of agricultural structures as defined in this Chapter shall be limited to 20 percent of the land subject to the development rights easement. Certain improvements not regulated by this Chapter, which may be installed on any portion of agricultural lands, shall be excluded from lot-coverage calculations. These improvements include: all fences; plant-support structures such as trellises, wires and similar structures; and hoop houses or high tunnels covered with poly or similar material used to moderate growing conditions of crops provided they are removed from the land at some point in the crop year. IA) A farm stand, as defined in this Chapter, may be permitted. (5) A house trailer, used exclusively for the purpose of housing employees engaged in agricultural production on the property, may be permitted, subject to the issuance of an annual permit by the Town Board pursuant to the provisions of Chapter 88. § 25-54. Variances and Appeals A. Variances. A request for a variance to approve the construction of structures outside the Agricultural Structures Area(s) or in excess of 20 percent lot coverage, or to appeal a denial by the Committee under § 25-53 shall be determined by the Zoning Board of Appeals. The Board shall hold a public hearing within 30 days of receipt of a complete application, and may grant a variance upon consideration of the standards for Area Variances set forth in §267-b. of New York State Town Law B~. Appeals. The remedy for any person aggrieved by a final determination of the Zoning Board of Appeals shall be an Article 78 proceeding. Such proceeding shall be instituted within 30 days of the filing of the decision in the office of the Town Clerk. §25-55. Other Approvals. March 23, 2004 Southold Town Board 35 Approvals authorized by this Chapter shall be in addition to any others that may be required by the Town Code. SECTION 3. SEVERABILITY. Should any part or provision of this Local Law be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this Local Law as a whole nor any part thereof other than the part decided to be unconstitutional or invalid. SECTION 4. EFFECTIVE DATE. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. SUPERVISOR HORTON: ! am going to say that as ! said at the meeting this morning, ! think setting this for public hearing is premature. ! think we are moving in the right direction and ! think that we are 90% of the way there with this legislation and a lot of hard work from a lot of people went into this and as ! said, we are 90% there and ! think that there is just a bit of 10% of finesse that could go into this and could be derived from a joint meeting of the Land Preservation Committee, the Ag Advisory Committee and a delegation from the Town Board to iron out a few of the last details and ! also would like a response from New York Ag and Markets on this law, as ! have concerns that the legislation as it is written will be in conflict with ag lands that are signed into the State ag district. So, ! am going to vote against this and if the resolution doesn't pass, ! would ask that we take a meeting up next week to iron out a few last details. Any further discussion? COUNCILMAN ROSS: Yes. ! think we should go forward with the joint meeting, ! think we should notify Ag and Markets that we have a date set for a hearing and we should proceed. We have a month to work on this. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans. No: Supervisor Horton. This resolution was duly ADOPTED. #26O Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby sets the following prices for biodegradable leaf bags made available and/or sold bv the Town: · Price from Town to vendors: 27¢ each · Price from Town to public: 38¢ each · Price from vendors to public: 38¢ each Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #261 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution 204~ adopted at their regular meeting held on March 9~ 2004~ which read as follows: WHEREAS the Town Board of the Town of Southold has determined that for purposes of the revised Subdivision Ordinance, a 50 percent reduction in Park and Playground Fees is appropriate for Conservation Subdivisions; and WHEREAS, that the revised Subdivision Ordinance will not be enacted before May 18, 2004; and March 23, 2004 Southold Town Board 36 WHEREAS, there are a number of applications currently pending before the Planning Board that meet the criterion of Conservation Subdivisions, namely that they would preserve in perpetuity more than 75 percent of the subject property, in accordance with the Subdivision Moratorium; and WHEREAS many of those applicants are seeking relief from the Park and Playground fee; now therefore be it RESOLVED that the Town Board of the Town of Southold hereby sets March 23, 2004 at 8:15 p.m. for a Public Hearing on a local law that would set the Park and Playground fee for Conservation Subdivisions as defined under the Subdivision Moratorium at $2,500 as soon as Local Law is enacted. JUSTICE EVANS: ! think it should be clear that it is not because the Town Board is not in favor of this but until we have legislation in place for the Conservation Subdivisions, we don't want to pass a law granting 50% reduction in fee for Conservation Subdivision park and playground. So, hopefully we will pick this one up once we have the other legislation in place. SUPERVISOR HORTON: It is a cart, horse ..... any further discussion? Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #262 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 budget as follows: To: A.3310.4.400.600 From: A.3310.4.100.995 Traffic Control, C.E. Signal Maintenance/Repairs Traffic Control, C.E. Signs & Sign Parts Vote of the Town Board: Aye: Councilman Ross, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $2,500 $2,500 Councilman Wickham, Councilman Romanelli, #263 Moved by Councilman Ross, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 budget as follows: To: A.3610.1.200.100 From: A.3610.4.500.300 Examining Boards, P.S. Part time employee Regular Earnings Examining Boards, C.E. Conservation Advisory Council Vote of the Town Board: Aye: Councilman Ross, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. 650.00 650.00 Councilman Wickham, Councilman Romanelli, March 23, 2004 Southold Town Board 37 #264 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 budget as follows: To: A.9050.8.000.000 From: A.9040.8.000.000 Vote of the Town Board: Aye: Councilman Ross, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Unemployment Insurance 350.00 Workers Compensation Insurance 350.00 Councilman Wickham, Councilman Romanelli, #265 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to re-advertise for bids for the Elizabeth Field Airport Apron and Access Taxiwa¥ due to a bid opening date change. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #266 Moved by Councilman Romanelli, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the acceptance of residential leaves and brush at the Southold Town Landfill, free of charge, for four (4) weeks in connection with the Spring (April 10 - May 9) Clean-up for the year 2004. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #267 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 Building and Grounds Budget, as follows: From: Building & Grounds, Equipment And Capital Outlay - Boat Ramp Improvements $35,600 A. 1620.2.500.375 To: A. 1620.2.300.200 A. 1620.2.500.700 Building & Grounds, Equipment Vehicles Building & Grounds, Equipment Yard Maintenance Equipment Vote of the Town Board: Aye: Councilman Ross, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $27,000 $ 8,600 Councilman Wickham, Councilman Romanelli, March 23, 2004 Southold Town Board 38 #268 Moved by Justice Evans, seconded by Councilman Romanelli, WHEREAS the Town Board of the Town of Southold has appointed Jane Edstrom to the position of Administrative Assistant from a Suffolk County Department of Civil Service "Residents Only" Certification of Eligibles, and WHEREAS Civil Service rule 12, '[16 states, in part "...an eligible must be a resident of that municipality at the time of appointment and must have been a resident of that municipality for at least ninety consecutive days immediately preceding the date of certification," and WHEREAS Suffolk County Department of Civil Service has determined that because Jane Edstrom did not reside in Southold for the ninety consecutive days preceding the date of Certification, October 10, 2003, and no longer resides in Southold, she is no longer eligible for residence preference, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby releases Jane Edstrom from the position of Administrative Assistant and reinstates Ms. Edstrom to the position of Senior Clerk Typist at a salary of $35,981.09, effective immediately. SUPERVISOR HORTON: I would just say that Jane Edstrom is part of the backbone of the Human Resource Center and her participation up there is invaluable and I am pleased she is with us. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #269 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby assigns additional responsibilities with regard to managing the Human Resource Center to Senior Clerk Typist Jane Edstrom~ and that she be paid a stipend in the amount of $4~178.47 per annum for said additional responsibilities. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #27O Moved by Councilman Romanelli, seconded by Councilman Ross, WHEREAS the Town Board retained the services of L.K. McLean Associates to perform a SEQRA review on the proposed zone change on a fifteen (15) acre part of the parcel identified as SCTM# 1000-96-1-1 (located on the northeast corner of Depot Lane and County Route 48, Cutchogue, NY) from Light Industrial Park/Planned Office Park (LIO) to Light Industrial (LI); and WHEREAS a report of their findings and recommendations dated February 24, 2004 has been received and reviewed by the Town Board, and forwarded to the Southold Town Planner and the Suffolk County Department of Planning; and it is RESOLVED, that the Town Board of the Town of Southold, as lead agency, has determined that the proposed change of zone on a fifteen (15) acre part of the parcel identified as SCTM# 1000-96-1-1 (located on the northeast corner of Depot Lane and County Route 48, Cutchogue, NY) from Light Industrial Park/Planned Office Park (LIO) to Light Industrial (LI), is an Unlisted action and will not have a significant impact on the environment, and be it further March 23, 2004 Southold Town Board 39 RESOLVED that the Town Board of the Town of Southold hereby adopts a Negative Declaration pursuant to SEQRA Rules and Regulations for the proposed change of zone. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #271 Moved by Councilman Ross, seconded by Justice Evans, WHEREAS, there was been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 23rd day of March 2004 a Local Law entitled "A Local Law in Relation to Exceptions to Site Plan Approval in the Hamlet Business {HB} District in Chapter 100 of the Zoning Code of the Town of Southold"; and WHEREAS the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law on April 20~ 2004 at 8:05p.m.at which time all interested persons will be given the opportunity to be heard thereon, The proposed Local Law entitled "A Local Law in Relation to Exceptions to Site Plan Approval in the Hamlet Business {HB} District in Chapter 100 of the Zoning Code of the Town of Southold" reads as follows: LOCAL LAW NO. 2004 TOWN OF SOUTHOLD A Local Law entitled, "A Local Law in Relation to Exceptions to Site Plan Approval in the Hamlet Business {HB~ District in Chapter 100 of the Zoning Code of the Town of Southold" BE IT ENACTED by the Town Board of the Town of Southold, as follows: T. Purpose - Prior to the enactment of Local Law No 10 of 2003, buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts were permitted uses not subject to site plan approval by the Planning Board. This Local Law restores this exception to site plan approval, which was inadvertently eliminated by the adoption of Local Law 10 of 2003. TT. Chapter 100 of the Zoning Code of the Town of Southold is hereby amended as follows: § 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: (3) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. TTT. Severabilit¥. 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 there of 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. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. March 23, 2004 Southold Town Board 40 This resolution was duly ADOPTED. #272 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Chiqui Gavilan from her position as a member of the Southold Town Anti-Bias Task Force. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #273 Moved by Councilman Wickham, seconded by Justice Evans, it was 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 Assistant Cook for the Southold Town Human Resource Center. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #274 Moved by Councilman Romanelli, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed "A Local Law in Relation to Exceptions to Site Plan Approval in the Hamlet Business (HB) District in Chapter 100 of the Zoning Code of the Town of Southold" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #275 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Southold Town Planner to conduct an evaluation pursuant to the State Environmental Quality Review Act (SEQRA) to address the environmental issues pertinent to the proposed local law "A Local Law in Relation to Exceptions to Site Plan Approval in the Hamlet Business (HB) District in Chapter 100 of the Zoning Code of the Town of Southold". Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #276 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ April 6~ 2004~ at 5:05 p.m. Southold Town Hall~ 53095 Main Road~ Southold~ New March 23, 2004 41 Southold Town Board York as the time and place for a public hearing for the purchase of a development rights easement on agricultural lands for a certain parcel of property owned by Harbes Mattituck Farm~ LLC. Said property is identified as part of SCTM #1000-112-1-7. The address is 714 Sound Avenue, Mattituck, New York, and is located on the north side of Sound Avenue, approximately 2,174 feet west of the intersection of Bergen Avenue and Sound Avenue, in Mattituck. The development rights easement comprises approximately 31.9 acres of the 42.376 acre parcel. The exact area of the development rights easement is subject to survey. The purchase price is $30,000 (thirty 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. The Town may be eligible for a grant from the New York State Department of Agriculture for partial purchase of this property and part of the purchase price may be reimbursed from that agency. 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, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #277 Moved by Councilman Wickham, seconded by Justice Evans, WHEREAS, the Local Government Records Management Improvement Fund (LGRMIF) was created in 1989 to provide technical assistance and grants to establish, improve or enhance records management programs in New York's more than 4300 local governments, and WHEREAS, the closely related Documentary Heritage Program (DHP) for grants and technical assistance to non-governmental historical records repositories also is supported by the LGRMIF, and WHEREAS, a sunset date for the LGRMIF was established in the original legislation to permit its operation as a five-year experiment, and WHEREAS, the New York State Legislature in 1995 twice has extended the sunset date, most recently to December 31, 2005, and WHEREAS, the LGRMIF has effectively supported essential advisory services and 6,300 grants totaling over $113 million to improve the management of records for over half of all NYS local governments, and WHEREAS, the LGRMIF and the programs it supports continue to operate at a high standard of excellence and provide direct and significant benefit to local governments at no cost to the taxpayers, and WHEREAS, the Town of Southold has benefited from technical assistance, training, publications and 9 grants totaling $111,155.00, supported by the LGRMIF, and WHEREAS, the State Legislature created the closely-related Cultural Education Fund (CEF to support the New York State Archives, New York State Library and New York State Museum on behalf of all New Yorkers, and the Office for Public Broadcasting, and provided the CEF with an identical sunset date, and WHEREAS, the LGRMIF and the CEF continue to be critically important in the fulfillment of the many records and information related responsibilities of the Town of Southold, and to the cultural and scientific needs of the people of New York State, therefore be it March 23, 2004 Southold Town Board 42 RESOLVED that the Town of Southold supports the elimination of said sunset provisions in order to make the LGRMIF and the CEF permanent. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #278 Moved by Councilman Romanelli, seconded by Councilman Ross, WHEREAS the Town Board of the Town of Southold has authorized an outside review of the preliminary plans for a new animal shelter, and WHEREAS the Town Board agrees with the consultant that said review will better serve the Town's purposes if it is conducted together with a clearer definition of the program the animal shelter is to provide, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to engage the services of Bradley and Associates to provide a program document for the proposed animal shelter, in accordance with their proposal to the Town dated March 16, 2004, and appropriate funds in an amount not to exceed $4,000 plus out of pocket costs not to exceed $1,000 for the purpose. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #279 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold approves change order to plan dated January 26~ 2004 of L.K. McLean Associates regarding mountable curb. Vote of the Town Board: Aye: Councilman Ross, Councilman Romanelli, Justice Evans, Supervisor Horton. Abstain: Councilman Wickham. This resolution was duly ADOPTED. #280 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute an additional one {17 month extension of the Interim Agreement dated January 16~ 2004 between the Town and the North Fork Animal Welfare League according to the same terms and conditions, subject to approval by the Town Attorney. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #281 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed "A Local Law in relation to the Land Preservation Committee and approvals for structures on agricultural lands subiect to development rights easement~ Chapter 25 of the Town Code of the Town of Southold" to the Southold Town Planning Board and March 23, 2004 Southold Town Board 43 the Suffolk County Department of Planning, and New York State Department of Agriculture and Markets for their recommendations and reports. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #282 Moved by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to hire the firm of L.K. McLean Associates P.C. to conduct an evaluation pursuant to the State Environmental Quality Review Act (SEQRA) to address the environmental issues pertinent to the proposed local law entitled "A Local Law in relation to the Land Preservation Committee and approvals for structures on agricultural lands subiect to development rights easement~ Chapter 25 of the Town Code of the Town of Southold". Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #283 Moved by Councilman Romanelli, seconded by Councilman Wickham, 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 agricultural lands for a certain parcel of property owned by John B. Sepenoski, Jr. on the 23rd day of March, 2004, pursuant to the provisions of Chapter 25 (Agricultural Lands Preservation) and Chapter 6 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-69-1-6 and 37025 County Road 48, and is located on the north side of Middle Road (C.R. 48), approximately 500 feet west of North Road at its intersection with Middle Road (C.R. 48), in Southold, and WHEREAS, the development rights easement comprises approximately 34.3 acres of the 39.3 acre farm. The exact area of the development rights easement is subject to the survey; 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 WHEREAS, the property is adjacent to active farms, and 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 $30,000 (thirty thousand dollars) per buildable acre; 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; now, therefore, be it 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 John B. Sepenoski~ Jr. & others, pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-69-1-6 and 37025 County Road 48, and is located on the north side of Middle Road (C.R. 48), approximately 500 feet west of North Road at its intersection with Middle Road (C.R. 48), in Southold. The development rights easement March 23, 2004 44 Southold Town Board comprises approximately 34.3 acres of the 39.3 acre farm. The exact area of the development rights easement is subject to survey. The purchase price is $30,000 (thirty thousand dollars) per buildable acre. The Town may be eligible for a grant from the New York State Department of Agriculture for partial purchase of this property and part of the purchase price may be reimbursed from that agency. SUPERVISOR HORTON: I, too, want to personally thank the Sepenoski family for participating in the program and I think this acquisition continues to confirm the commitment of Southold Town, not only to preservation but also to farming as an industry. I welcome this acquisition. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. Abstain: Councilman Ross. This resolution was duly ADOPTED. #284 Moved by Councilman Ross, seconded by Justice Evans, WHEREAS, the Town Board has made a motion to amend the Zoning Map of the Town of Southold by changing the Zoning District designation of p/o SCTM# 1000-96-01-01 from Light Industrial Park/Planned Office Park (LIO) to Light Industrial (LI); and WHEREAS, the Local Law is entitled, "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF p/o SCTM # 1000-96-01-01 FROM LIGHT INDUSTRIAL PARK/PLANNED OFFICE PARK (LIO) TO LIGHT INDUSTRIAL (LI)"; and WHEREAS, a Public Hearing was held on March 23, 2004 at which time all interested persons were given the opportunity to be heard thereon, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: LOCAL LAW NO. 9 OF 2004 BE IT ENACTED, by the Town Board of the Town of Southold as follows: Section 1. Legislative Intent. In an effort to further the Town's goal of serving housing and business needs of the community, and to respond to the assertions from the business community that there is an insufficient supply of Light Industrial (LI) zoned property in the Town, the Town Board requested the Town Planner to prepare a Survey of the Light Industrial Park/Planned Office Park (LIO) property within the Town to review its uses and requirements. Based on the findings and recommendations of this Survey dated December 2003, the Town Board has determined that it is necessary and desirable to change the zoning district designated for a certain parcel of Light Industrial Park/Planned Office Park (LIO) to Light Industrial (LI), thereby creating more available locations for business owners in the Town. Section 2. Enactment. Therefore, based upon the goals and identified needs of the Town, and upon our consideration of the recommendations and comments of the Town Planning Board, the Suffolk County Planning Commission, the environmental consultant retained by the Town and the public comment taken at the public hearing and otherwise, we hereby change the zoning district designation for part of parcel known as Suffolk County Tax Map (SCTM) #1000-96-1-1 from the Light Industrial Park/Planned Office Park (LIO) Designation to the Light Industrial(LI) Zoning District Designation. The property is approximately fifteen (15) acres, is located on the northeast corner of Depot Lane and County Route 48, Cutchogue, and is more particularly described as follows: BEGINNING at a monument on the curved northerly line of Middle Road (County Route 48) at the southwesterly corner of land of the Town of Southold; RUNNING THENCE westerly along said March 23, 2004 45 Southold Town Board northerly line on a curve having a radius of 5669.58 feet, a distance of 718.04 feet to a monument, THENCE northerly on a curve to the right having a radius of 74.25 feet, a distance of 120.23 feet to a monument on the easterly line of Depot Lane, THENCE along said easterly line North 38 degrees 53 minutes 30 seconds West, a distance of 1034.12 feet to a monument and land of James D. Goodwin, THENCE along said land and land of Tide Group, Inc., the following two courses (1)North 47 degrees 27 minutes 40 seconds East, a distance of 440.00 feet (+/-) to a monument, THENCE (2) North 49 degrees 12 minutes 30 seconds East, a distance of 320.24 feet to land of Southold Town, THENCE along said land South 40 degrees 47 minutes 30 seconds East, a distance of 1065.82 feet to the point or place of beginning containing 19.5 (+/-) acres. Section 3. The zoning map as adopted by section 100-21 of the Town Code of the Town of Southold is hereby amended to reflect the within change of zoning district designation for said parcel. Section 4. This local law shall take effect immediately upon filing with the Secretary of State. SUPERVISOR HORTON: This is an important local law to adopt, in this change of zone. Not only because there is a lack of suitable property zoned for the business community in Southold Town, not only it confirms the commitment to the viability of small business and trades people in our community as we pride ourselves for a long time as a self-sustaining community. But it also reconfirms again what this Board has been working on and that is to ensure that when we are taking actions, they are fair actions and we are weighing the consequences of those actions and making up for them where it is needed and it was needed when we took some Light Industrial property and rezoned it for Residential, which was the right move to make in my mind and at the same time, there was need to balance that action with creating more Light Industrial property here in Town. I just really applaud the Board for that forward thinking and making this happen. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #285 Moved by Justice Evans, seconded by Councilman Wickham, WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of fee title acquisition of the property owned by Joella Vreeland and Frank Wills on the 23rd day of March, 2003, pursuant to the provisions of Chapter 59 (Open Space Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said properties are identified as SCTM # 1000-106-1-7 and 186 Ruth Road. The property is located on the north side of Ruth Road in Mattituck. The proposed acquisition is for the entire approximately 0.86 acre lot. The lot area is subject to survey; and WHEREAS, the purpose of the purchase is for open space and nature preserve purposes; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the subject property for open space and nature preserve purposes; and WHEREAS, the acquisition is pursuant to the provisions of Chapter 59 (Open Space Preservation) of the Town Code; and WHEREAS, the purchase price is $40,000 (forty thousand dollars) for the lot as the landowner has offered the property to the Town as a bargain sale, and subject to a survey acceptable to the Land Preservation Committee; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase the property owned by Joella Vreeland and Frank Wills~ totalin~ approximately 0.86 acre (subiect to survey)~ identified as SCTM #1000-106-1-7 and 1860 Ruth Road~ Mattituck, at the purchase price of March 23, 2004 46 Southold Town Board $40,000 (forty thousand dollars), for open space and nature preserve purposes, pursuant to the provisions of Chapter 59 of the Code of the Town of Southold. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: Thank you, Mr. Wills and Mrs. Vreeland for participating. That concludes our resolutions and our public hearings and we still have the floor open to the public to address the Board on other town related items. Alright, we will close this meeting, thank you very much for attending and thank you for your input. It helps us every step of the way. Moved by Supervisor Horton, seconded by Justice Evans, it was RESOLVED that this Town Board meeting be and hereby is declared adjourned at 9:07 P.M. Vote of the Town Board: Aye: Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Elizabeth A. Neville Southold Town Clerk