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Home My WebLink AboutTB-05/18/2004SOUTHOLD TOWN BOARD REGULAR MEETING May 18, 2004 7:30 P.M. A Regular Meeting of the Southold Town Board was held Tuesday, May 18, 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 Councilman William P. Edwards Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Finnegan SUPERVISOR HORTON: We open the floor to the public at two set times over the course of the meeting, as well as for any pertinent public hearings. The first time the public is offered the floor is prior to the reading and voting on any of the resolutions that are on the agenda. Upon completion of the voting on the resolutions, we offer the floor to the public to address the Board on general related Town business. We have reports, public notices and communications available at the Town Clerk's office Monday through Friday, which is open 8:00 A.M. to 4:00 P.M. As well, we ask that when you do address the Town Board, you do so from one of the two microphones located at the front of the room and state your name and residence clearly so that we can have that as part of our public record. Moving forward, we will move for an approval. Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the following Town bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $236,805.20; General Fund Part Town bills in the amount of $29,999.86; May 18, 2004 Southold Town Board Meeting 2 Community Development Fund bills in the amount of $3,325.00; Highway Fund Part Town bills in the amount of $107,216.92; Capital Projects Account bills in the amount of $1,970.11; Community Preservation Fund (2% tax) bills in the amount of $12,272.55; New London Terminal Project bills in the amount of $558,627.90; Employee Health Benefit Plan bills in the amount of $9,002.88; Refuse & Garbage District bills in the amount $47,352.75; Southold Wastewater District $1,486.66; Fishers Island Sewer District bills in the amount of $627.54 and Southold Agency & Trust bills in the amount of $4,428.95. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Minutes of the May 4, 2004 Southold Town Board Meeting be and hereby are ordered approved. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the next Regular Town Board meeting of the Southold Town Board be held Tuesday, June 1, 2004 at 4:30 P.M. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. I. REPORTS 1. North Fork Animal Welfare League Financial Statement, 1st Quarter - 3/31/04 & 3/31/03 2. Southold Town Justice Court, Bruer - April 2004 3. Southold Town Justice Court, Evans - April 2004 4. Southold Town Justice Court, Price - April 2004 5. Board of Town Trustees - April 2004 6. Town Clerk Monthly Report - April 2004 7. Recreation Department - April 2004 8. Program for the Disabled - April 2004 Event 9. North Fork Animal Welfare League Financial Statements - December 31, 2003 10. Leave Time Summary Report - March 2004 II. PUBLIC NOTICES None III. COMMUNICATIONS None SUPERVISOR HORTON: At this point, we offer the floor to the public to address the Board on printed resolutions. Mrs. Egan. May 18, 2004 Southold Town Board Meeting 3 JOAN EGAN: Joan Egan, East Marion. I have a number of things and you won't rush me, correct? I would presume that you know, that reports, that you have all checked the Justice Courts reports. But we will get to the resolutions before ! distracted, right? Again, #392, that is the roof. And ! don't think you should do it, ! don't think it needs it, you don't know where you will be going and ! think if it needs anything it may need patching and ! don't think you should do it. Now, #394, that is, ! have no objection to the Sergeants and Lieutenants or anyone going out of town but this means again, that there will be a Sergeant missing from the police station at a very busy time of the year. SUPERVISOR HORTON: His shift will be covered. MS. EGAN: Can any of this be done, they can't be done by the internet or books? It has to be live? SUPERVISOR HORTON: Unfortunately, most of these are interactive type of courses. MS. EGAN: Well, you certainly need more policemen, then. SUPERVISOR HORTON: ! would agree. MS. EGAN: Too many chiefs and not enough indians. Now, what is #397? SUPERVISOR HORTON: #397 is authorizing and directing me to sign the Community Development Block Grant agreement between the Town and the County of Suffolk. That is an annual grant that we receive, it is federally distributed grant that is administered by the County to the Town and the Town receives a certain amount of monies for that and at that point we take those monies and we use them for a community based project. MS. EGAN: Hopefully. Yes, now #398, ! believe this is the school that our friend back here that is not here tonight, has been wondering about for quite some time and has been asking questions about it, correct? Child daycare project. We are going to be spending an awful lot of money there. SUPERVISOR HORTON: Actually, that is one of the community projects that the Town will partially fund through the Community Development Block Grant. MS. EGAN: Oh, well then ! very much object to that. Do these people pay when they go up there to have their children taken care of?. SUPERVISOR HORTON: ! don't know what the ..... MS. EGAN: You don't know? SUPERVISOR HORTON: If! could finish, Mrs. Egan. MS. EGAN: Surely. SUPERVISOR HORTON: ! do not know what the fee is for daycare at that childcare facility. May 18, 2004 Southold Town Board Meeting 4 MS. EGAN: Well, then before we put any monies into it, whether it is a grant or out of our taxpayers money, let's be sure we don't lose too much money. People who if they bring children into the world, they should take care of them themselves. SUPERVISOR HORTON: MS. EGAN: Pardon? SUPERVISOR HORTON: And work four jobs to stay here, you are correct. Do you have other resolutions, Mrs. Egan? MS. EGAN: Yes, of course ! do. Don't start rushing me. Now, here we go again for the solid, #401, 402 and 403. That is the dump. That is Mr. Bunchuk. And ! don't think he is taking very good care of the equipment that we have paid for. Do you find it funny, Mr. Edwards? SUPERVISOR HORTON: Mrs. Egan, please continue with your resolutions. MS. EGAN: This is all for Mr. Bunchuk and this was addressed at the last Town Hall meeting... SUPERVISOR HORTON: That is correct. MS. EGAN: ...that he is not taking care of things as well as he should. It is #401,402, 403, 404. Now, #405, the replacement of road signs on town roads. SUPERVISOR HORTON: We are receiving a grant from the State to replace several... MS. EGAN: ! heard Mr. Harris at the last Town Hall meeting. SUPERVISOR HORTON: Okay, so this is allowing me to sign that grant. MS. EGAN: But in the interim, Mr. Horton, there are many, many street signs that are down, not only up here but down there and there and this is causing accidents. So, somehow if they can get some kind of a sign there before we get the big ones, ! think it is great, ! think Pat Acampora got you some funding for them and ! think that is great, but it is now, what the 18th and Memorial Day, they will all be out here and you have had so many accidents because people putt, putt, putt and they are looking for signs and they don't see them SUPERVISOR HORTON: Mrs. Egan, ! will bring it to his attention. MS. EGAN: ! am going along. #407, now this young man, what Town does he come from? SUPERVISOR HORTON: He comes from the Town of Southold, hamlet of Peconic. MS. EGAN: Pardon? He is from Southold? SUPERVISOR HORTON: Yes, he works with us on an annual basis. May 18, 2004 5 Southold Town Board Meeting MS. EGAN: Good. ! like to see them come from Cutchogue once in a while or Peconic or East Marion. SUPERVISOR HORTON: He is from Peconic. MS. EGAN: Now, a seasonal police officer, do they carry weapons? SUPERVISOR HORTON: Yes, they are fully trained from the Suffolk County Police Academy. MS. EGAN: Good. Now, #410, this is extremely important. These Traffic Control Officers, how much do they make an hour? ! think you told me... SUPERVISOR HORTON: $11.97 MS. EGAN: Well, it is by observation, you know ! do ride the roads, your head falling off Mr. Romanelli? SUPERVISOR HORTON: Mrs. Egan, please continue. MS. EGAN: They have their heads in books. They are there not only to see that people get across the street but they do have cell phones and phones and they are not guarding the roads .... SUPERVISOR HORTON: ! will bring that to the Chief' s attention. MS. EGAN: Uh uh. ! am not finished. You have two that are excellent, one up here in Cutchogue and the lady down there in Greenport. The rest of them are asleep at the wheel or reading the funny papers. Or maybe they are studying for exams, ! don't know but that is not what they get paid for. They get paid for... SUPERVISOR HORTON: Mrs. Egan, your next resolution, please. MS. EGAN: Pardon? ! am not finished yet. Now, #421, ! very seriously object. This Mr. Reale, where is he from? He is a lawyer, where is he from? SUPERVISOR HORTON: A north fork firm. MS. EGAN: A north fork firm. What town? SUPERVISOR HORTON: ! believe they work in both Southold and Riverhead. MS. EGAN: Where is he from? SUPERVISOR HORTON: ! don't know where his house is. All ! know is, he has expertise in this field and we are retaining his services. MS. EGAN: How old is he? May 18, 2004 6 Southold Town Board Meeting SUPERVISOR HORTON: I do not know. My guess? Mid-forties, give or take a year. MS. EGAN: You know his credentials? What school he went to? SUPERVISOR HORTON: He is a lawyer. MS. EGAN: Big deal. SUPERVISOR HORTON: ! don't, Mrs. Egan. MS. EGAN: You don't know. SUPERVISOR HORTON: No, ! don't. MS. EGAN: Well, then ! object to that one until you do. But more importantly, ! don't think we should be spending any monies on this housing, affordable housing, as ! said at the meeting last Thursday down in Greenport, you have too many issues up here that have not been resolved. And now you are getting into something else and spending more money and getting absolutely nothing done. There is nothing ..... SUPERVISOR HORTON: Do you have other resolutions, Mrs. Egan? MS. EGAN: Pardon? SUPERVISOR HORTON: Do you have other resolutions? MS. EGAN: Let me check, dear. SUPERVISOR HORTON: There are only two left. MS. EGAN: Well, let's see if we can hit those two. Well, again, this is #424, the Workforce Housing Fund. SUPERVISOR HORTON: We will have a public hearing on that at 8:00, if you allow us. MS. EGAN: Well then you shouldn't have had it on here. ! will address that. SUPERVISOR HORTON: Thank you very much. resolutions? Yes, Ms. Norden. MELANIE NORDEN: Melanie Norden, Greenport. Are there other comments from the floor on the With respect to #397 through 399, in the past, I could be wrong about this, but haven't there been recommendations made to the Town vis-h-vis the expenditures under Community Development Block Grants? SUPERVISOR HORTON: Yes, each year, through the budget process, we hold a public hearing at which point members of the public at large can make recommendations. May 18, 2004 Southold Town Board Meeting 7 MS. NORDEN: And this was one of them, ! take it. Okay. And how much money are we talking about, in the grant itselt? SUPERVISOR HORTON: It is, this portion of the grant for the .... MS. NORDEN: Renovations. SUPERVISOR HORTON: Yeah, for the Family Service League Child Daycare Center, which is essentially renovations to the Laurel School, we are allocating $164,900. MS. NORDEN: And will the Family Daycare Center accept students from all hamlets and villages in the Town of Southold. SUPERVISOR HORTON: It has to accept not only in the Town of Southold, you know, these are federal monies so .... MS. NORDEN: So that means non-resident kids, as well? SUPERVISOR HORTON: ! believe so, yes. MS. NORDEN: So kids from the Town of Riverhead? SUPERVISOR HORTON: ! believe so, yes. MS. NORDEN: Okay. Additionally, does this mean that we or the Town, that is, will be signing a contract with the Family Service League Child Daycare project to provide services in the renovated building? SUPERVISOR HORTON: No, we are assisting in the funding for the renovations. To help them get off the ground. MS. NORDEN: Well, you are renovating the building that is owned by the Town, right? SUPERVISOR HORTON: No. MS. NORDEN: Oh, you are renovating a building that is owned by whom? SUPERVISOR HORTON: I believe, is that building still owned by the Mattituck School District, or is it .... Mr. Cooper, you are on the Board of Education for Mattituck. Is the Laurel School still owned by the Mattituck School District. DOUG COOPER: Yes. SUPERVISOR HORTON: Yes. May 18, 2004 8 Southold Town Board Meeting MS. NORDEN: Okay, so then will the Mattituck School District be entering into an agreement with the Family Service League Child Daycare Project? SUPERVISOR HORTON: You would have to ask that question to the Mattituck school. MS. NORDEN: You must know the answer to it, though. SUPERVISOR HORTON: No, ! don't. MS. NORDEN: Okay, so run this by me one more time, we are renovating a building... SUPERVISOR HORTON: Ask a clear question, the question is, is the Family Service League going to contract with Mattituck schools to provide daycare services for .... MS. NORDEN: In other words, we are renovating the building, who is going to have the responsibility for insurance .... SUPERVISOR HORTON: The Family Service League is .... MS. NORDEN: ! know, except that they are not the owners of the building, ! am asking about the... SUPERVISOR HORTON: Mr. Cooper, are they going to lease the building from Mattituck school? MR. COOPER: Yes. SUPERVISOR HORTON: To provide child daycare services and our Community Development Block Grant, a portion of those funds are being used to assist this non-profit organization in the renovations necessary. MS. NORDEN: Gotcha. ! am just asking questions that go to liability issues and since the school system presumably owns the building, the Town is undertaking to renovate the building with Community Development Block Grants, then ! am asking questions that speak to the liability of what will happen vis-h-vis expenses for insurance and all of that. Who is going to be liable for any problems that might arise ...... SUPERVISOR HORTON: Those would be incumbent upon the Family Service League Child Daycare Center. MS. NORDEN: And they are an incorporated, not for profit? SUPERVISOR HORTON: They are a 501 PC, yes. MS. NORDEN: Do they have assets and all? May 18, 2004 Southold Town Board Meeting 9 SUPERVISOR HORTON: I don't have their information here in front of me, Melanie. All that information, you could certainly call either my office or Jim McMahon or the school district, quite frankly, to get the specifics. MS. NORDEN: And any idea of what we are talking about in terms of programs and how many kids we are talking about; how much they, what the service population will be or anything? SUPERVISOR HORTON: The service population will be, obviously for Southold Town residents. MS. NORDEN: And the for these other residents that you mentioned, SUPERVISOR HORTON: ! didn't mention other residents, ! am saying that federal monies make it so that... MS. NORDEN: No, ! understand. How many kids are we talking about? SUPERVISOR HORTON: How many kids can that building hold, Mr. Cooper? MR. COOPER: Off hand, ! can't tell you. ! don't know what the Family Service League is planning on, ! don't know what their goals are. SUPERVISOR HORTON: Yeah, the size of their service. That information is certainly available. MS. NORDEN: Yeah, ! just have some concerns though that we are spending Block Grants and Block monies of not an inconsiderable amount of money, and the question then is, whether there is any liabilities that will defer at all to the Town. SUPERVISOR HORTON: The answer to that is no. MS. NORDEN: Okay. And if things don't go well with the Family Service League Child Daycare project, then the renovations will essentially contribute to the wealth of the Mattituck School District in terms of renovating a building, in other words. SUPERVISOR HORTON: ! guess a grim view of that would be... MS. NORDEN: Right. ! just wanted to, ! mean it just seems that a Community Development Block Grants are... SUPERVISOR HORTON: Actually, this was overwhelmingly received by the administrators of the Community Development Block Grant, by the county and the federal offices because this is a much needed, there is a tremendous need for child daycare in the community.. MS. NORDEN: Sure, but there is also a tremendous need for many other projects and services in the Town of Southold. May 18, 2004 Southold Town Board Meeting 10 SUPERVISOR HORTON: Absolutely and this was one of the ones that a public hearing was held and was chosen and we work very hard on an annual basis to divvy that money up, if you will, for many different programs and this isn't the only program that we fund through the Community Development Block Grant and if we could receive more monies, that would be wonderful, too. And each year we try. MS. NORDEN: Sure. Okay, well, ! think that will answer it for now. Also, with respect to, ! think it is #422, major subdivisions, is that the number. Could you describe the Mill Creek Preserve major subdivision? SUPERVISOR HORTON: The Mill Creek Preserve is the, on Route 25 about, if you were driving east from here, right before you get to Port of Egypt and Albertsons' on the left, there is that small house that looked like it was a potato barn at one point, there is often a sheriffs car parked in front of it. MS. NORDEN: Yeah. SUPERVISOR HORTON: The property, the farm just adjacent to that to the east and all the way back to the north, ! believe there is a total of 79 acre parcel of which more than 50 acres have been preserved. MS. NORDEN: And the subdivision has gone to public review? Has there been a public hearing on the subdivision? SUPERVISOR HORTON: There is not a public hearing on this subdivision, no. This was a conservation subdivision that was handled through the Planning Board. There was a public hearing for the county, ! am sure, for the county purchasing the development rights for that. MS. NORDEN: So the county purchased the development rights on 70 some acres? COUNCILMAN ROMANELLI: 50 some odd acres. MS. NORDEN: Okay, let's cut to the chase, how many houses are we talking about? SUPERVISOR HORTON: ! think you are talking about six on a total of 80 some odd acres. MS. NORDEN: Actually, that is fabulous. Thank you. SUPERVISOR HORTON: Yes? L1NDA RULAND: Hi, my name is Linda Ruland and this is the very first time that I have ever attended a Town Board meeting, so ! am a little nervous. SUPERVISOR HORTON: Welcome and thank you for coming. MS. RULAND: My name is Linda Ruland and ! am the Director of the North Fork Early Learning Center in Mattituck. The North Fork Early Learning Center is currently merging with Family Service May 18, 2004 Southold Town Board Meeting 11 League of Suffolk County and ! just would like to tell you a little bit about it, to kind of assuage your fears. The North Fork Early Learning Center has been in our community for over 20 years and it is a pre-school, daycare center for 3, 4 and 5 year olds. Over the years, they have realized that there is a great need for daycare for children younger than 3 and the facility that we are in, which is the American Legion building in Mattituck, cannot meet the codes in the New York State licensing requirements to have a toddler program there. And so there was a meeting with Family Service League and the North Fork Early Learning Center and for the last four years they have been working together to merge into and have the North Fork Early Learning Center become one of their programs. They also run 40 other programs throughout Suffolk County. They are a multi-million dollar corporation and most of their funding comes from donations through bigger corporations and through federal monies from there. Right now the North Fork Early Learning Center has 24 children, 24 full- time children and our move to Laurel, we will not only be able to have a toddler program with two different toddler rooms but also will expand our program to include over 60 children. There are very few daycare centers on the north fork and most of the people that are on the north fork that have toddlers, go into the Riverhead area. And so we are very excited about being able to offer this service to the people of the north fork. ! think one of your other questions was whether anyone can come to this center and of course, anyone is welcome to come to the center. We also do have students there that are subsidized by the county, as well. Southold Town is helping to renovate the building but will not be running the program in any way. Family Service League is entering into a lease agreement with the Mattituck School District and ! believe it is a long-term lease and as far as our plans are, we don't plan to fail so, we are hoping to look forward to a wonderful future here in Southold Town and providing the services that are needed here for daycare. Thank you. SUPERVISOR HORTON: Thank you so much. That was very helpful and we are delighted to support the program. We will move forward with the resolutions on our printed agenda, so we can get to our public hearing. Starting with 391. #391 Moved by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund in the amount $1~500.00 be paid to Commonwealth Land Title Insurance Company representing an overpayment of the Peconic Bay Region Community Preservation Fund transfer tax on behalf of Geraldine Barton. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #392 Moved by Councilman Edwards, seconded by Justice Evans, it was WHEREAS the Town Board of the Town of Southold received no bids for the replacement of the roof at the Southold Town Hall, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to re-advertise for bids for the replacement of the roof at the Southold Town Hall~ in accordance with the plans and specifications, as prepared by James Richter, RA, Southold Town Engineer. May 18, 2004 Southold Town Board Meeting 12 Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Councilman Ross, Councilman Wickham, #393 Moved by Councilman Ross, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Lieutenant Frank Kruszeski and Detective Joseph Conwa¥ to attend the North Amityville Weed & Seed in coniunction with CTS Associates Inc. Gangs And Youth Violence Seminar, on Thursday, June 18, 2004 at the Fraternal Order of Police Lodge Headquarters, 23 West John Street, Hicksville, NY from 9:00 am to 4:00 pm. Registration fee for this conference will be $70.00 ($35.00 for each participant). Travel will be by Town vehicle. All expenses will be a legal charge to the Police Department Training budget line - A.3120.4.600.200. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #394 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Sergeant Henry F. Santacroce~ Jr. to attend the Property Room Management training seminar sponsored by the Connecticut State Police Academ¥~ Meridem Connecticut, commencing on Wednesday, July 14 through Thursday, July 15, 2004, at the State Police Forensic Laboratory, Colony Street, Meriden, Connecticut. Registration fee for this conference will be $260.00 plus the IAPE Annual Membership fee of $40.00. Travel to be by Town Vehicle. Hotel accommodations will be for approximately $150.00. Additional costs will be for meals together with tolls and miscellaneous out of pocket expenses. All expenses will be a legal charge to the Police Department Training budget line - A.3120.4.600.200. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #395 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Pirates Cove Marine~ Inc. ~ Fishers Island~ New York~ in the amount of $2~089.69 for repair and replacement of channel markers to be placed in both West Harbor and Hay Harbor~ Fishers Island~ New York, as well as repairing and replacing, or returning missing markers that are lost during the season, at a rate of $40.00 per marker, under the supervision of part-time Bay Constables, buoys to be prepared and placed at the beginning of the season, and removed and stored by October 25, 2004; foregoing all in accordance with the bid proposal. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. May 18, 2004 Southold Town Board Meeting 13 #396 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 General Fund Whole Town Budget as follows: Revenues To: A.3089.00 State Aide, Records Archives Grant Appropriations To: A. 1410.2.200.500 Town Clerk, Computer Equipment From: A. 1990.4.100.100 Unallocated Contingencies Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $10, 495.00 $13,368.00 $ 2,873.00 Councilman Ross, Councilman Wickham, #397 Moved by Councilman Edwards, 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 2004 Community Development Block Grant between the Town of Southold and the County of Suffolk, subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #398 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 Emcar~ Inc, 334 Windsor Avenue~ Brightwaters~ NY 11718~ in the amount of $164~900~ for the renovations of the Laurel School, as part of the Family Service League Child Day Care Center Project, funded by the Southold Town Community Development Block Grant Program. SUPERVISOR HORTON: We are delighted to support this program and anything that continues to support the education of young children and the ability for working families to get by in this Town. The Town Board is supportive of and delighted to support. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #399 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 sign an agreement with Emcar~ Inc. 334 Windsor Avenue~ Brightwaters~ NY~ 11718~ for the renovations of the Laurel School as part of the Family Service League Child Day Care Project, funded by the Community Development Block Grant Program, subject to the approval of the Town Attorney. May 18, 2004 Southold Town Board Meeting 14 Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Councilman Ross, Councilman Wickham, #4OO Moved by Councilman Wickham, seconded by Justice Evans, 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 for the 2004 Southold Town Youth Services Program, subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #401 Moved by Councilman Romanelli, 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 bids for the acquisition of a horizontal yard waste grinder for the Solid Waste Management District, all in accordance with specifications provided by the Solid Waste Coordinator, subject to the review and approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #4O2 Moved by Councilman Edwards, 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 bids for the acquisition of a front-end wheel loader for the Solid Waste Management District, all in accordance with specifications provided by the Solid Waste Coordinator, subject to the review and approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #4O3 Moved by Councilman Ross, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the acquisition of a tractor truck for the Solid Waste Management District, all in accordance with specifications provided by the Solid Waste Coordinator, subject to the review and approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #4O4 Moved by Justice Evans, seconded by Councilman Wickham, it was May 18, 2004 Southold Town Board Meeting 15 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the acquisition of a waste-haul trailer for the Solid Waste Management District, all in accordance with specifications provided by the Solid Waste Coordinator, subject to the review and approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #4O5 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute a Supplemental Contract Agreement for the Multi- Modal 2000 Pro,ram (MM 2000) relating to $10,000 in funding for the replacement of multiple road signs on Town roads abutting Route 25, said agreement subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #4O6 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2004 budget as follows: To: A. 1010.4.500.800 From: A. 1010.4.500.200 Vote of the Town Board: Fee for Service Non-Employees - Appraisals $4,250.00 Fee for Service $4,250.00 Non-Employees - Labor Relations Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. AMENDED by Resolution #440, June 1, 2004 #407 Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Christopher Lappe~ Jr. to the position of Seasonal Police Officer for the 2004 season at the rate of $14.69 per hour, effective May 25, 2004. SUPERVISOR HORTON: We welcome Mr. Lappe back again, ! am sure that the residents in Greenport will pleased to have Mr. Lappe back for another summer. He seems to be a popular police officer there. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #4O8 May 18, 2004 Southold Town Board Meeting 16 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Town Clerk Elizabeth Neville and Records Management Assistant Stacey Norklun to attend the AIIM/ARMA Long Island Chapter Monthly Meeting at Huntington~ New York for a "Tour of the Huntington Archives and Records Management Center" on June 2, 2004. All necessary expenses shall be a legal charge to the Town Clerk 2004 budget A. 1410.4.600.200 & 300. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #4O9 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Town Clerk Elizabeth Neville to attend the New York Association of Local Government Records Officers at Albany, New York, on June 6 - 9, 2004 and all necessary expenses shall be a legal charge to the Town Clerk 2004 budget A. 1410.4.600.200 & 300. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #410 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the following Traffic Control Officers for the 2004 season at the rate of $11.97 per hour, effective May 27, 2004: Rory Flatley Todd Jackson Jeffrey S. Biggs Benjamin Brannon Christian Conroy David Steele Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #411 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the Bid of Corazzini Asphalt~ Inc. for furnishing and placing Bituminous Surface Treatment Liquid Asphalt Grades RC-250 and MC-250 ("Oil & Sand") within the Town of Southold, all in accordance with the bid specifications and as follows: Mainland Fishers Island Bituminous Surface Treatment - Liquid Asphalt 50% RC-250 & 50% MC-250 with screened sand: $1.55 per sq. yd. $3.00 per sq. yd. Schim Mix Asphalt Concrete - Type 5: $68.00 per ton $95.00 per ton Fog Coat: Liquid Asphalt - 50% RC-250 & 50% MC-250: May 18, 2004 Southold Town Board Meeting 17 $1.00 per gallon Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $1.00 per gallon Councilman Ross, Councilman Wickham, #412 Moved by Councilman Edwards, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the Bid of Corazzini Asphalt~ Inc. for furnishing and placing Bituminous Surface Treatment Liquid Asphalt Grades RC-250 and MC-250 ("Oil & Sand") within the Town of Southold, all in accordance with the bid specifications and as follows: Mainland Fishers Island Bituminous Surface Treatment - Liquid Asphalt 50% RC-250 & 50% MC-250 with screened sand: $1.55 per sq. yd. $3.00 per sq. yd. Schim Mix Asphalt Concrete - Type 5: $68.00 per ton $95.00 per ton Fog Coat: Liquid Asphalt - 50% RC-250 & 50% MC-250: $1.00 per gallon $1.00 per gallon SUPERVISOR HORTON: I just want to say that I have been observing the Highway Department make use of this asphalt throughout town over the past couple of weeks and today they were working at the North Fork Bank or the parking lot behind it that the Town will be making use of and they are doing a fantastic job and I just really want to applaud their efforts. They are doing a lot of that work in house. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #413 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 Corazzini Asphalt~ Inc. for furnishing and placing Liquid Asphalt Grades RC-250 & MC-250 within the Town of Southold, all in accordance with the bid specifications and as follows: Mainland Fishers Island $2.95 per gallon Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $3.50 per gallon Councilman Ross, Councilman Wickham, #414 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the Bid of Corazzini Asphalt~ Inc. for furnishing and placing Hot Mix Asphalt Concrete Pavement "Type 5 Shim" Sand Mix Asphalt within the Town of Southold, all in accordance with the bid specifications and as follows: Mainland Fishers Island 0-300 Tons: $90.00 per ton $150.00 per ton May 18, 2004 Southold Town Board Meeting 18 300-500 $64.00 per ton 500-1000 $50.00 per ton Over 1000 $49.00 per ton Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $90.00 per ton $78.00 per ton $77.00 per ton Councilman Ross, Councilman Wickham, #415 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the Bid of Corazzini Brothers~ Inc. for furnishin~ and placin~ Hot Mix Asphalt Concrete Pavement "Type 6 Top" within the Town of Southold, all in accordance with the bid specifications, and as follows: Mainland Fishers Island 0-300 Tons: 300-500 500-1000 Over 1000 Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $71.00 per ton $110.00 per ton $60.00 per ton $90.00 per ton $49.00 per ton $85.00 per ton $47.96 per ton $80.00 per ton Councilman Ross, Councilman Wickham, #416 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the Bid of Corazzini Asphalt~ Inc. for furnishin~ and placin~ Bituminous Surface Treatment RX-250 Liquid Asphalt "Oil & Recycled Stone" within the Town of Southold, all in accordance with the bid specifications, and as follows: Bituminous Surface Treatment - Liquid Asphalt Grade RC-250 & recycled Stone: Schim Mix Asphalt Concrete - Type 5: Fog Coat: RC-250 Liquid Asphalt: Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $1.04 per sq. yd. $65.00 per ton $1.00 per gallon Councilman Ross, Councilman Wickham, #417 Moved by Councilman Edwards, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the Bid of Thomas H. Gannon & Sons~ Inc. for the application of Polymer Modified Emulsified Asphalt Pavement~ Type II Micro-Surfacin~ within the Town of Southold, all in accordance with the bid specifications, and as follows: Type "II" Micro-Surfacing $1.27 per sq. yd. Truing & Leveling (Type 5 - Shim) $85.00 per ton Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. May 18, 2004 Southold Town Board Meeting 19 #418 Moved by Councilman Ross, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the Bid of Thomas H. Gannon & Sons~ Inc. for the furnishing and placing of Nova Chip Ultra-Thin Surfacing Course at $5.65 per square yard, within the Town of Southold, all in accordance with the bid specifications. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #419 TABLED #42O Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for a Fishers Island member of the Architectural Review Committee. Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Councilman Ross, Councilman Wickham, #421 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold retains Ed Reale~ Esq. on an hourly basis {$175.00/hour for 3-4 hours} relating to review of affordable housing legislation. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #422 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby adopts the bond estimate dated May 12~ 2004 in the amount of $26~075.00 together with an administrative fee in the amount of $1564.50 regarding the proposed Major Subdivision at Mill Creek Preserve. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #423 Moved by Councilman Edwards, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed Local Law entitled "A Local Law in Relation to the Town of Southold Workforce Housing Fund" is classified as a Type II Action pursuant to SEQRA Rules and Regulations~ 6 NYCRR Section 617.5~ and is not subiect to review under SEQRA. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. May 18, 2004 Southold Town Board Meeting 20 This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Ross, it was RESOLVED that the Town Board meeting be and hereby is declared recessed in order to hold a public hearing on the matter of HEARING ON "A LOCAL LAW IN RELATION TO THE TOWN OF SOUTHOLD WORKFORCE HOUSING FUND" Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Meeting reconvened at SUPERVISOR HORTON: ! think we have to address three small changes on the first point: No individual family who purchases the home from the fund may sell their home for a profit within the first five years, we should make that consistent with the direction we are going with the AHD and eliminate that. Strike that. And under income eligible, individual families; the third sentence down where it says meeting income for the County of Suffolk, we should have 'as determined by the Town Board by resolution.' TOWN ATTORNEY FINNEGAN: Correct. SUPERVISOR HORTON: In addition to that. So that will be read into the record and those changes will be made to this version. TOWN ATTORNEY FINNEGAN: Also, in section 98-5A7 the same change as reflected in the findings section, with regard to no profit realized during the first five years. SUPERVISOR HORTON: Okay and one other small change ! would like to offer to the Board, came to me from a member of the Planning Board and that is Bill Cremers, who - and it is very minor and fairly inconsequential - but ! think it is also large in some aspect and that is the name of the fund being Southold Town Workforce Housing Fund, take the term Workforce out of that because in essence, it is a housing fund and that will reach every aspect of our community, age wise. Age inclusive, senior citizens and people who are still young working families. #424 Moved by Councilman Romanelli, seconded by Councilman Wickham, WHEREAS there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 20th day of April, 2004 a Local Law entitled "A Local Law in Relation to the Town of Southold Housing Fund" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: A Local Law entitled "A Local Law in Relation to the Town of Southold Housing Fund" reads as follows: LOCAL LAW NO. 12 of 2004 BE IT ENACTED, by the Town Board of the Town of Southold as follows: May 18, 2004 Southold Town Board Meeting 21 Section I- Town Code Amended The Town Code of the Town of Southold is hereby amended by adding a new Chapter 98 to read as follows: Chapter 98. Town of Southold Housing Fund. {}98-1. Purpose. The Town of Southold Housing Fund will provide the Town with a mechanism to obtain funding and create programs that will increase housing opportunities for families and individuals who are residents of the Town of Southold and/or employed in the Town of Southold who cannot procure affordable housing within the Town. {}98-2. Findings. The lack of affordable housing creates many adverse effects for the town. Regional employers grapple with the task of hiring and retaining employees due to the limited availability of affordable housing. Recruiting and retaining essential personnel (police officers, firefighters, teachers, nurses, etc.) has become increasingly a challenge due to the lack of affordable housing. Volunteer emergency services are also impacted by the lack of affordable housing, prompting the possible necessity of replacing volunteer services with paid employees. While the Town has benefited from increased tourism and second homeownership, it must also sustain a population who can afford to live and work in Town. To address this housing shortage, the Town of Southold must create a myriad of housing initiatives that reinvest in the lives of residents who live and/or work in the Town. The talented and vibrant energy that was and is invested in community land preservation must be replicated to create affordable housing for a sizable number of residents who lack the financial means to rent and/or purchase housing within the Town. The priority population for community housing will be as follows: · Income eligible individuals/families who live and work in the Town of Southold who provide volunteer emergency/life saving services for residents of the Town · Income eligible individuals/families who live and work in the Town of Southold · Income eligible individuals/families who live in the Town of Southold · Income eligible individuals/families who work in the Town of Southold · Income eligible individuals/families who previously lived in the Town and wish to return Efforts in the past to create affordable housing have failed in their ability to keep the housing stock affordable upon resale. Therefore, to promote perpetual affordability within the Town, all recipients of said housing will be legally bound to sell their properties to the Town's Housing Fund. Resale price formulas for homes purchased from the Fund will be as follows: · Homes sold after purchase will realize profits that are the equivalent percentage of the Consumer Price Index (CPI) as compiled by the United States Department of Labor. The percentage will be calculated from the date of sale from the Fund to the date of resale to the Fund. In addition, the Fund will compensate the seller for major capital improvements that are improved in advance by the Housing Advisory Commission. Depreciation may be applied to capital improvements. {}98-3. Definitions. As used in this section, the following words and terms shall have the following meanings: FUND -- the Town of Southold Housing Fund authorized pursuant to this local law. INCOME ELIGIBLE INDIVIDUALS/FAMILIES--- those individuals/families whose incomes are below the designated percentage of the HUD median income for the County of Suffolk, as May 18, 2004 Southold Town Board Meeting 22 determined by the Southold Town Board. In addition, individuals/families seeking grant assistance and loans from other public funding sources may be limited to household incomes less than the HUD median income for the County of Suffolk. TOWN --the Town of $outhold. HOUSING -- is defined as housing for households whose incomes are not sufficient, pursuant to banking industry standards, to induce private lenders to finance the costs of acquisition of a home with a value at or less than median value as determined by the Town's assessment rolls, without benefit of subsidies or special financing programs from the Town in the case of owner-occupied housing, or in the case of rental housing, as housing for households whose income is insufficient to pay the monthly costs for such housing and maintain such costs within the required percentages of the household's income based upon banking industry standards. {}98-4. Fund Established. A. The Town Board hereby establishes a Housing Fund. Deposits into the fund may include revenues of the Town from whatever source, including but not limited to: (1) all revenues from a bond approved pursuant to the local finance law for the purpose increasing affordable community housing opportunities; (2) general fund balances, or surpluses, in accordance with the Town's surplus policy; (3) any proceeds received by the local government from the sale or rental of community housing produced from revenues of the fund; (4) the repayment of any loans issued from proceeds of the fund; (5) any gifts of interests in land or funds; (6) any county, state or federal grants received by the town for providing community housing; (7) any future applicable transfer tax which may be enacted subsequent to the enactment of this legislation; (8) recaptured funds from previous town housing initiatives. B. Interest accrued by monies deposited into the fund shall be credited to the fund. In no event shall monies deposited into the fund be transferred to any other account. C. Nothing contained in this section shall be construed to prevent the financing in whole or in part, pursuant to the local finance law, of any project or purpose authorized pursuant to this chapter. Monies from the fund may be utilized to repay indebtedness or obligations incurred pursuant to the local finance law consistent with effectuating the purposes of this chapter. D. No interest or right in real property shall be acquired pursuant to this chapter until a public hearing has been held before the Town Board, and a resolution has been passed approving the acquisition. However, nothing shall prevent the Town Board from entering into a conditional purchase agreement before a public hearing is held. E. No expenditure shall be made pursuant to this chapter until a public hearing has been held before the Town Board, and a resolution has been passed approving the expenditure. F. Any acquisition or expenditure made pursuant to this chapter shall include a finding that it is being authorized in furtherance of the goals set forth in this chapter. {}98-5. Purposes of the Fund. A. The proceeds of the fund established pursuant to {}98-4 shall be utilized in accordance with law for the following purposes: (1) the provision of no-interest or low-interest loans to income eligible residents who work and/or live in the Town for the purchase of a first home; May 18, 2004 Southold Town Board Meeting 23 (2) the actual production of community housing for sale and resale to income eligible residents who work and/or live the Town; (3) the actual production of community housing for sale to income eligible residents who work and/or live in the Town in conjunction with other public/private partnerships such as the North Fork Housing Alliance and the Community Land Trust of Southold who agree with the stated priority population and income eligibility guidelines; (4) the actual production and maintenance of rental housing for rent to income eligible residents who work and or live in the Town or in conjunction with public/private partnerships who agree with the stated profit guidelines; (5) the rehabilitation of existing buildings and structures in the Town for the purpose of conversion to community housing for sale or rental to income eligible residents who work and/or live in the Town; (6) the provision of housing counseling services by not-for-profit corporations that are authorized by the U. S. Department of Housing and Urban Development to provide said services; (7) the fund will ensure the perpetual affordability of housing through determining resale prices of any home purchased through the fund. This will be accomplished through the following: the Town of Southold reserves the right to require that all housing units purchased through the fund remain affordable in perpetuity. All properties purchased through the fund must be sold back to the fund for resale to income eligible individuals/families who meet the qualifications of defined priority populations. After purchase, homes may be resold to the fund to potentially realize a profit. Sale prices will be calculated at the original purchase price (base price) and shall be adjusted by a percentage which is the same as the percentage by which the Consumer Price Index (CPI) increased between the date that the buyer took title to the property and the date that a letter of intent is submitted to the fund to resell the property. Costs for capital improvements approved by the fund's regulations may also be compensated. Capital improvements are additions that provide value to the property above and beyond repairs to maintain the property in good condition. The Housing Advisory Commission must approve in advance all capital improvements. The Commission must be given information regarding the scope of work and estimate of capital costs. If capital improvements are approved, the Commission will determine if the capital improvement may be recouped in the event of resale. (8) The Housing Fund will strive to build housing and sell housing that reflects the diverse needs of those seeking affordable housing that includes household income, bedroom size, etc. For the purposes of this Chapter, eligible expenses relating to the production of community housing and the rehabilitation of existing housing stock and structures under the fund shall include but not be limited to land acquisition, planning, engineering, construction costs and other hard and soft costs associated with construction, rehabilitation, purchase or rental of housing pursuant to this section provided that these costs do not exceed 15% of the projected project costs. Litigation expenses may not be covered by this fund. All revenues received by May 18, 2004 Southold Town Board Meeting 24 the town from the sale or rental of community homes or the repayment of loans shall be deposited in this fund. {}98-6 Housing Advisory Commission Established. A. The Town Board hereby formally establishes a Housing Advisory Commission to review and make recommendations regarding the Town of Southold Housing Fund. This Commission would supplant the efforts of the former "Affordable Housing Committee" that no longer meets as a working group. This Board will consist often (10) residents of the Town who shall serve without compensation. No member of the Town Board shall serve on the Commission. The Commission shall reflect a diverse membership with individuals from various geographic locations. In addition, membership will include a broad representation from the community such as landowners, persons with skill and knowledge about the environment, real estate, banking, building and farming. The Commission may also seek members who were/are recipients of housing assistance. B. The Special Projects Coordinator for affordable housing will assist the Commission with administrative tasks such as scheduling meetings, transcribing minutes, etc. The Commission should meet at a minimum of once a month. The primary function of the Commission is to: (1) Ensure that an efficient, cost effective and expedient production of affordable housing is created and maintained. (2) Serve as a liaison for community members within their respective hamlets/villages regarding affordable housing (3) Identify appropriate sites for the development of affordable housing within respective hamlets/villages (4) Approve capital improvement requests from residents living in housing units (5) Make recommendations to the Town Board relating to affordable housing C. The Housing Advisory Commission shall assist the Town Board in the development of a" Housing Implementation Plan". The Housing Implementation Plan. (1) Public Investment. To account for and minimize social, economic, cultural and environmental costs of new development, including infrastructure costs and loss of open space and agricultural land. (2) Development. To encourage development in areas where infrastructure exists (i.e. parking, public water, etc.), primarily within defined hamlet and halo zones. (3) Conservation. To protect, preserve and enhance the Town's natural resources including farmland, forests, surface water, groundwater, recreation and open space. (4) Coordination. To promote coordination of state and local governments to facilitate cooperative agreements amongst adjacent communities in the interest of ensuring compatibility of community development. (5) Community design. To strengthen communities through the utilization of all income and age groups, mixed land use, compact development, open space districts, planned unit development, and diverse and community housing in close proximity to places of employment, transportation, recreation and commercial development. (6) Consistency. To insure predictability in building and land use codes. (7) Community collaboration. To encourage a collaborative community-based effort for implementation of community housing that includes long term land use. D. Such plan may include the creation of maps that define the Housing Implementation Plan's recommendations proposed by the Town. May 18, 2004 Southold Town Board Meeting 25 E. The plan will not be adopted until after the Town Board has held a public hearing. The plan shall be updated at least every five years. The plan shall be adopted before monies may be expended from the fund. F. The Housing Implementation Plan shall also assist with guidance in establishing income and other eligibility requirements for community housing, including any eligibility preference that may be given based upon residency or other criteria (e.g. those persons who provide volunteer emergency/life saving services for residents of the Town). The sale and resale of community housing to the general public for other than income eligible priority populations is prohibited. Section II. - Severability. If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. Section III - Effective Date: This article shall take effect immediately upon filing with the Secretary of State as provided by law. SUPERVISOR HORTON: This will be a roll call vote. Prior to going to a vote, I offer the opportunity for discussion from the Town Board. COUNCILMAN EDWARDS: I would like to say a few words about this piece of legislation. To me it is the Town Board keeping a promise to this community. This fund lays a permanent fiscal foundation, structure - I should say, for an affordable housing program. It is not a one shot program, it is an ongoing commitment to the future. If we do nothing in the face of the crisis we do face, we will lose the town as we know it. I am proud and delighted to vote yes. COUNCILMAN ROSS: I also, am looking forward to our continuing efforts to address this issue, it is a massive issue and a difficult issue and I am happy to be serving with these Board members who are tackling it head on. I vote yes. COUNCILMAN ROMANELLI: Yes, and I would just like to thank this Board too, for hitting this issue head on, hitting the AHD zone change, code change on. It has been a pleasure working on these subjects with this Board. And I vote yes on this. SUPERVISOR HORTON: I am also going to point out Philip Belz did a tremendous job researching this legislation and bringing it to the Town Board. Tanya, thank you for your help. Reverend Clements and Reverend DeArmitt, thank you for your guidance and we look forward to working with you. And actually Melanie and Mr. Blum, I appreciate your input and I want you to know I am listening to it carefully and your questions are all good questions, of which I don't always have the sharp answer to but you seem to be able to craft questions in such a quick manner, you sometimes leave me in the dust. And I mean that in all sincerity. And I appreciate them and the Town Planning Department was instrumental in this and I also want to thank, he was a Supervisor - he is now a Legislator, Jay Schneiderman from East Hampton for providing some input and guidance in this. And thank you for coming out for this public hearing and voicing many of the pros and cons that have to be looked at and John, back in October, I don't think many people would have bet that you and I would be working on this issue so well together and I take my hat off to you. COUNCILMAN ROMANELLI: It has been a pleasure, same here. SUPERVISOR HORTON: And the entire Town Board, so yes. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. May 18, 2004 Southold Town Board Meeting 26 SUPERVISOR HORTON: This brings us to the portion of the meeting were we offer the floor to the public for general town business that you would like to address the Board on. Yes, Mrs. Wolf. DOROTHY WOLF: I really don't want to do this, there has been very good feelings tonight and I don't want to take that away except that what I want to say tonight reflects to some degree on what's happened here tonight. Good people have come before this Board and have talked to you and expressed their points of view and I just hope that you heard them because the sense that there is, is that people do come before the Board and talk and express, you seem to indicate that you want input but the reality seems to be that you have your minds made up way, way ahead of what we are trying to get across to you. And nowhere for me is that more obvious than what happened last time that I addressed the Board. This has to do with North Fork Animal League and I hope that I can get past this because nothing is more important to me than positive things. Like housing and a new shelter and things that make this community exciting. But there are things that I have to get off my chest because I felt to some degree I was abused at the last meeting. I came here, last meeting, and I asked you, please, do not give the North Fork Animal League a four year contract and it was part of the resolutions that you were going to pass and I searched through some of my papers in throwing things away but I didn't throw this away. I will share the letter but I have marked it up. This is a letter from the North Fork Animal Welfare League, which was sent to you, Supervisor Horton and it was dated January, way back in January and it was written to you and it says that, "the following was agreed upon" and I am not going to read the whole letter because of the time but I will share it with anyone who wants to read it and it has a part A and a part B. Part A is the contract and part B is the Troxel matter, and I will refer to that very, very briefly but first the contract. You had, in January, your mind was made up because it says very clearly, the Town intends to continue the contract with the League indefinitely to provide these services of renewal contract for the no less than four years. So here I am standing here and others are standing here and we are saying, please give this some consideration but the deed was done and we should, tell me if I am wrong? SUPERVISOR HORTON: Well, I don't want to tell you that you are wrong but I want to tell you is that, that letter I think you are referring to which I am not quite sure... MRS. WOLF: My husband gave it to everybody on the Board. SUPERVISOR HORTON: Right, that is fine. That was the League's version of what was agreed to and the Town Board didn't necessarily agree with all components of that letter. MRS. WOLF: But it happened. You gave them a four year contract. SUPERVISOR HORTON: We did, which was negotiated. Which was negotiated and Councilman Ross did a fantastic job negotiating that. But in regard to what the League's version of what was agreed to in regard to the Troxel matter, is not at all what the Town Board felt was accurate. MRS. WOLF: I will just touch on the Troxel very, very briefly because it was in the paper, it is not a secret. The bottom of the letter, you, when Frank Carlin and others and I, myself, have asked you to appoint an oversight committee .... May 18, 2004 Southold Town Board Meeting 27 SUPERVISOR HORTON: If! could speak to that, very quickly because there is something that ! want to say to you, is that since the last meeting and you brought that up again, ! have given that more thought and ! have spoken with Mr. Morelli who is somebody that ! think is another good person to speak to in regard to these matters and ! have spoken to members of the Town Board, MRS. WOLF: ! couldn't agree with you more. SUPERVISOR HORTON: And Councilman Edwards is going to work with Mr. Morelli in designing a concept for an oversight committee and he is going to bring that concept to the Town Board at the next meeting. MRS. WOLF: Well, that, I am not quite sure I understand why, I thought Mr. Morelli's role as the one who was heading the Raynor Foundation was to attempt to fundraise through this community to raise money. SUPERVISOR HORTON: Yes. MRS. WOLF: I don't see what this has to do with .... SUPERVISOR HORTON: ! say that because he made some very clear ideas and so ! think what we are going to do is reach out to him and see what his ideas were and if those make sense for moving forward, perhaps incorporate some of those ideas into an oversight Committee. MRS. WOLF: ! find that, ! just find that somewhat suspect and ! can't understand... SUPERVISOR HORTON: It is taking your suggestion to the next level. MRS. WOLF: ! would love to be part of it, ! will be very good. SUPERVISOR HORTON: Well, perhaps Mr. Edwards will reach out to you. MRS. WOLF: Fine, thank you. Because at the bottom of the letter it says, well at this point ! will just share it with you, "I was extremely pleased that you, Supervisor Horton, stated so unequivocally that you will not tolerate any interference in the internal affairs of the League by your colleagues on the Town Board" Now, that wouldn't have been written by the League if they didn't have some kind of an understanding that they were going to be left alone, that they were going to do their thing. SUPERVISOR HORTON: No, it was, it was in reaction to past experiences of Town Board members being involved with League elections, which ! personally felt was inappropriate and ! think the Town Board as a whole felt the same. MRS. WOLF: Well, let me just read this very quickly from the local newspaper. "Dorothy Wolf of Southold asked whether the Town had investigated or received a breakdown on how NFAWL had spent an estimated $200,000 in legal fees" and that fee, that is growing. The end of it says, "What they do internally is not our concern, as long as they fulfill the contract" and that is what you said last week. It kind of leaves a very bad taste in my mouth, that anyone of us comes before the Town Board and we May 18, 2004 Southold Town Board Meeting 28 give you the best that is in us, but it appears that maybe you are not listening, that you know, there is nobody home up there and that is very distressing and ! would be hopeful that that would change, that you really do hear what we are saying. There is a perception that those of us that are banging away at NFAWL have a grudge, have an axe to grind but there are some very good people out there that are very suspect and very suspicious and this town, and ! hope that this is a television show ! hope is seen all of Southold the next couple of nights, but on the Troxel matter we know from the newspaper and of course, ! am aware of what is going on, the Troxel estate gave NFAWL $300,000 but all of a sudden they changed their mind and they said, no way, we will give it to the Seeing Eye dogs, we will give it to Kent but there is no way we are going to let NFAWL get their hands on that kind of money and there is a rumor going through town that even Raynor wants their money back or may consider taking their money back. There are some very, very good people, responsible people out there who are very suspect about NFAWL and ! think to just blindly, ! don't know if you have seen the movie of the Magdalene sisters, it is what happens when a government says to an agency, 'here is your money, do whatever you want, don't confuse me with the facts, just adhere to the printed contract' and so what you get is mismanagement, you get abuse and you get stealing. We are talking about a lot of money and you have an obligation to oversee, you have an obligation to look to NFAWL and if they don't like it, there are lots of other ways that Shelter can be run. ! am very worried about how they will run a $2,000,000 shelter, with an excellent, ! find no fault with the director of the Shelter, one assistant and a couple of old people who walk the dogs and volunteers when they come and go. It is a $2,000,000 shelter and ! want to tell, be very wary, their attorney is one very cagey lady. She is making out like a bandit, her $200,000 is growing by leaps and bounds. And you are going to be swallowed, we are all human, you will be eaten. You will be shark food. ! really do think, ! have always been very respectful of this Board. ! have been very polite, ! don't point fingers and ! respect each and every one of you but ! do think you have, we have the impression that you do not hear us or if you are hearing, ain't nobody listening. And ! find that very disheartening, and ! hope that will change because there are good things that you have on your plate and there is a very positive feeling in the community. This is the negative and it is going to bite us all in the rear-end, particularly you. And ! thank you for hearing me. SUPERVISOR HORTON: Thank you, Mrs. Wolf. Would anyone else care to address the Board on town business? Yes, Mr. Geiss. GUNTHER GEISS: Gunther Geiss from Southold. ! have a prepared statement for Mrs. Neville's convenience and hopefully for the reflection of the Board members. Following Ms. Wolf, ! too am concerned and ! said that last Board meeting as to how well the public is heard and ! am taking the time to do this tonight only because of the press of what ! believe is a meeting that you will have tomorrow. SUPERVISOR HORTON: ! am sorry? MR. GEISS: ! understand that there is a meeting scheduled with Pamela Mann, the attorney for NFAWL to discuss their proposal to discuss their resolution of the Troxel matter. Okay. First off, ! want to say in all honesty, the advocates for a new shelter really do recognize and acknowledge the number, the magnitude and the complexity of the issues before you. And we have heard a great deal about one tonight. You know, admittedly the shelter in that context doesn't seem to be such a big deal but it is for those of us who care about the welfare of the animals. In that context, the purpose of what May 18, 2004 Southold Town Board Meeting 29 I am doing here is really meant to help you in your preparation for dealing thoughtfully and with full information with just that one issue; the planning and construction of a new animal shelter. Someone once said that those who are ignorant of history will be forced to relive it. A little historical background may avoid Yogi Berra's 'd~jh vu all over again' syndrome. The current leaders of the North Fork Animal Welfare League have said publicly, 'it would be fiscally irresponsible for the management of our organization to give any funds toward construction of a town facility.' So you know where they stand, you know, should they get the Troxel money, it is not going to be a pass through to the shelter we hope to see. These same leaders participated with for Councilman Moore in planning a new animal shelter during the spring of 2002. My wife and I, the Morelli's and others were participants in that. And they worked, in camera, for four months to produce their own low-cost plan for an animal shelter. It was ultimately kept secret on the false claim that they were being personally sued, but members of NFAWL who saw the plan, which was developed with Reggie Weile, a local architect, report it consisted of two factory built wood modules to be joined by an unspecified set of kennels. All of this for $450,000. WE know that the North Fork Animal Welfare League will present its proposal to you at a meeting tomorrow, related to this Patricia Toner-Troxel bequest construction proceeding. Past history suggests we may expect a plan based on the use of pre-fabricated modules that will afford "mobility" in the event NFAWL no longer operates the new Southold-Raynor Animal Shelter. What I am suggesting is that given the money, they will build something they can threaten to take away. We have been thinking about what NFAWL .... SUPERVISOR HORTON: Mr. Geiss, Mr. Geiss. MR. GEISS: Yes? SUPERVISOR HORTON: That is something that the Town will not engage in. MR. GEISS: Well, I hope so. And that is why I would like to raise a few questions that you might want to consider before dealing with that proposal. We are thinking about what they can possibly build with $300,000 and that led to a number of questions. Some of the important ones are these: Will that NFAWL facility complement the Southold -Raynor Animal Shelter facility and if so, how? If it duplicates the Town shelter facility, why? If it does not duplicate and NFAWL no longer is the operator of the Town shelter, can those functions then be provided in the Town shelter? So these are the concerns that one has when one builds two facilities, presumably on the same piece of property. If that is their proposal. SUPERVISOR HORTON: And as I said, again, Mr. Geiss, the Town is not interested in that. So the whole thing of what you are trying, and I appreciate your point of view, it is just not a direction that the Town wants to go. MR. GEISS: Okay. If that is the case, I suspect then that the decision will be made that they are not eligible to receive the bequest. SUPERVISOR HORTON: I don't know .... MR. GEISS: That is up to the court. May 18, 2004 Southold Town Board Meeting 30 SUPERVISOR HORTON: The court is going to have to make that decision. And the Town got dragged in to that, the issue of the Troxel matter. You know, that was completely beyond our control. That money wasn't left to the Town. That money was left to the League or whatever the will says. What the Town is trying to do, is build an adequate shelter. That is what the Town is trying to do. If that money can be left to the Town, well that is just wonderful. MR. GEISS: Well, I am hoping that it is. SUPERVISOR HORTON: And if it is not, it was never meant to come to us in the first place. MR. GEISS: Well, that is one point of view. See, our point of view on that is that Mrs. Toner- Troxel .... SUPERVISOR HORTON: Well, we weren't named in the will. MR. GEISS: That is true. That is true. SUPERVISOR HORTON: And ! will say again, our clear focus and forgive me, perhaps this may seem as though we are not listening and ! can appreciate that and Dorothy, ! hope you and ! can sit down and talk about that sometime in the near future, my door is always open; Joan doesn't think so but it generally is... MR. GEISS: It is just the barrier gets higher for some people. SUPERVISOR HORTON: Here is the point, my point is that is there a fundraising arm specifically set up to benefit the construction of a shelter by the Town, yes there is. Do ! want to work with the Raynor Foundation 150%? Yes, ! do. Can we do it with, you know, if, with all of the, you know, on everybody' s part and this isn't singling you out or the League or myself because somehow or another, we are all in this boat together. We have got a shelter to build. If the Raynor Foundation is going to help us raise funds, then that is just wonderful, let's get out there and do it and we have really gone to try to get as much input as possible for the construction of a new shelter. That is what it is for the Town. MR. GEISS: Good. SUPERVISOR HORTON: Build a new, decent shelter. MR. GEISS: Good. You know, our interest in this from the beginning, once we learned about the Toner-Troxel bequest was to see to it that her wishes are honored in the sense that it remain here on the North Fork. SUPERVISOR HORTON: Okay, well ! am not her lawyer or a member of her personal family. MR. GEISS: No, ! understand that but one of the key paraphrases in the "if" is, if not, then on the North Fork. May 18, 2004 Southold Town Board Meeting 31 SUPERVISOR HORTON: Right and by all means, you should bring that up at the appropriate court hearing. MR. GEISS: Right, well, I am not a participant. There is one other thing that I wanted to draw your attention to because when we raised the issues about the four year contract two weeks ago, one of the arguments that was given was that by going to a four year contract, one can save money and the analogy was that if you have a good rental agreement, the longer you can get it, the better off you are. ! went back and did a little back of the envelope calculation, in 1998 the Town paid the League $121,000 for its services and for those who don't know, the services are limited to dogs because that is what the state law requires, the cats are their charitable activity. That $121,000 was paid to keep somewhere between 58 and 72 dogs that year and if you take 60 as an average, it means we paid a little over $2,000 per dog, per year, to maintain them. The following year, the Town paid $126,000 and there were at that time, 48 or so dogs on average. The net cost per dog, not the total cost because last weeks argument was about total cost, so net cost per dog is $2,600. SUPERVISOR HORTON: What are you .... MR. GEISS: What ! am saying, when you follow these figures to cut to the chase, last year you gave them $150,000 and they kept 25 dogs, the price had jumped to $6,000 per dog per year. So what looks like a 4 % increment in a contract when you look at the service cost, what you are really getting for your dollar, the costs have skyrocketed, from something like $2,000 per dog per year back in 1998... SUPERVISOR HORTON: But it is a no-kill facility. MR. GEISS: It has been that all along and by the way, the biggest drop... SUPERVISOR HORTON: And there is an enormous pig up there that the newspapers happened to feature in an article. MR. GEISS: Well, they say it is no-kill but I want to remind you that the biggest change in this occurred in 2000 when they euthanized 22 dogs. Their typical euthanization is 5 to 7 a year. That year they euthanized 22 and their profits began to appear. I think that should be taken into account. SUPERVISOR HORTON: Okay, thank you. Yes, Melanie. MS. NORDEN: Melanie Norden, Greenport. I would like to say ours is a participatory democracy and we should thank god for that. And sometimes when some of us, ! agree with Dorothy, step up here, it is because we do passionately care about issues. ! bought my home five years ago in Greenport for $140,000 and that was a struggle. Everyone in my neighborhood is retired or semi-retired. My taxes this year were $4,800. They are really going up. You think about Edna, all the people that live in my neighborhood. We are not wealthy people. Our houses went up in value but we are committed to living here just like everybody else who wants a piece of the pie is also committed to living here and ! have seen no sense of community from the tax collector. And so when we talk about the sense of community, ! know this is not a popular topic, but we are talking about community and how we want to do something for everybody, the everybody also includes the everybody's like me. And everyone in my neighborhood. The retired people, senior citizens whose taxes will be greater because their lot May 18, 2004 Southold Town Board Meeting 32 sizes are larger, because the density issues are different in our neighborhoods and our concerns are very real and there are many people, maybe not in Orient but certainly in Greenport and Mattituck whose taxes are high and it is not inconceivable that my taxes will jump $7,500 in the next couple of years. Now my property has increased enormously, ! bought it for $140,000 just had it appraised for $499,000. But what difference does it make, ! am not going anyplace, ! am committed to living here for the rest of my life. ! also don't have a mortgage, ! don't want to take out a mortgage, ! don't want to borrow against my property. So, my actual economic situation, unless ! am going to earn a lot more money this year, stays exactly the same. So equitability has to do, across the boards, for the Town Board, in doing what is right for the entire community. And in this dialogue, what ! have heard a great deal about affordable housing and its equitability, ! haven't really heard one word about people that are already living here who may or may not have benefited from this real estate surge. As a matter of fact, the real estate surge since ! want to live here for the rest of my life is actually a disadvantage to me in so many ways. The appraisal goes up, my taxes go up and every way across the boards, ! don't care if ! double or triple my money. The place is costing me more to live here just like everybody else. And so when ! raise these issues, ! like to hear that other part of the argument. ! know that you want a house and this one wants a house, and that is all great. It took me until ! was age 50 to buy my first home. And that was a struggle. Now ! have benefited tremendously from this real estate but it is not, the community also includes everybody like me. So when we are thinking about this dialogue and ! raise these issues, it is not that ! am against affordable housing what ! don't hear is the full range and temper of what the dialogue means and its impact on an entire community of people. There are, ! mean, what sometimes happens in life is that you create something that is equitable for some group of people but it turns out to be a negative or inequitable for another group. And ! think you have to look at this as a much wider issue and address all of those issues. And when the dialogue embraces all of us, then we will all have a stake in the concept of community. SUPERVISOR HORTON: Thank you very much. And ! am going to adjourn this meeting. Egan, you can call me later. The meeting is adjourned. Mrs. Elizabeth A. Neville Southold Town Clerk