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HomeMy WebLinkAboutTB-08/10/2004SOUTHOLD TOWN BOARD REGULAR MEETING August 10, 2004 7:30 P.M. A Regular Meeting of the Southold Town Board was held Tuesday, August 10, 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: Welcome to the August l0th, 7:30 public meeting of the Southold Town Board. Please rise and join with me in the Pledge of Allegiance to the Flag. Over the course of the evening there will be a number of opportunities for the public to address the Town Board on Town business. First being prior to the voting on any of the resolutions we have scheduled this evening, ! will offer the floor to the public to address the Board on specific resolutions. We ask that when you do address the Board, you do so from one of the two microphones located at the front of the room and state your name and place of address, clearly into the microphone so that we can incorporate that into our record. As well, we have public hearings this evening and a specific time will be designated for the public to address the Board on those specific hearings and at the conclusion of the meeting or just prior to the conclusion of the meeting, after all business is done, the public will have the opportunity to address the Board on other town related items. We have reports, public notices and communications available for the public to review and those are available at the Town Clerk's office, which is open Monday through Friday, 8:00 A.M. to 4:00 P.M. ! did want to draw attention, ! don't know if! have it August 10, 2004 Southold Town Board 2 in my file or not. Yes, I do. I wanted to read one communication and this is to Pat Finnegan, Town Attorney, which implies the entire legal department as well, from Jim Bunchuk on delinquent accounts. "I understand that virtually all delinquent account holders with the Solid Waste district have either paid in full or have made and are adhering to payment arrangements. Your determination to make this issue a priority has resulted in the collection of thousands of dollars that in some cases were used years overdue, an achievement unprecedented in the fourteen years that I have been with the Town. It also supports my own staff, who now know that their efforts at tracking and documenting "failure to pay" incidents and other scofflaws will likely result in quick and favorable resolution. I wish to extend my thanks and congratulations to your staff." And I want to echo those comments, Pat because under your guidance the Town Attorney's office has taken issues like this and this is just one but many issues and in particular this that have sat for many years without any attention and you have brought them to the Town Board's table and provided guidance for us to act on them and done so to benefit the Town and so, thank you for all of that. And to your staffers. TOWN ATTORNEY FINNEGAN: Thank you, Josh. SUPERVISOR HORTON: We will move ahead with the meeting and if we could start with a motion for approval? Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the following town bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $249,527.10; General Fund Part Town bills in the amount of $26,390.25; Risk Retention Fund bills in the amount of $214.95; Highway Fund Part Town bills in the amount of $82,474.52; Capital Projects Account bills in the amount of $8,475.36; Landfill Cap & Closure bills in the amount of $32,500.00; Community Preservation Fund (2% tax) bills in the amount of $2,019.90; New London Terminal Project bills in the amount of $401,742.43; Employee Health Benefit Plan bills in the amount of $9,169.60; Fishers Island Ferry District bills in the amount of $76,093.71; Refuse & Garbage District bills in the amount of $44,550.55; $outhold Wastewater District bills in the amount of $19,178.53; Fishers Island Sewer District bills in the amount of $68.19; Southold Agency & Trust bills in the amount of $4,157.81 and Fishers Island Ferry District Agency & Trust bills in the amount of $388.29. 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 Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the minutes of the July 13, 2004 Regular 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 Wickham, seconded by Justice Evans, it was RESOLVED that the next Regular Town Board meeting of the $outhold Town Board be held Tuesday, August 24, 2004 at 4:30 P.M. at Southold Town Hall, Southold, New York. August 10, 2004 Southold Town Board 3 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 Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Annual Southold Town Board meeting on Fishers Island be held Thursday, August 12, 2004 at 1:30 P.M. at the Fishers Island High School, Fishers Island, New York. 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, Inc. Financial Statement - through June 2004 2. Town Clerk Monthly Report - July 2004 3. Southold Town Justice Court, Price - July 2004 4. Southold Town Justice Court, Evans - July 2004 5. Southold Town Justice Court, Bruer - July 2004 II. PUBLIC NOTICES None III. COMMUNICATIONS 1. Memo from Solid Waste Coordinator Jim Bunchuk to Town Attorney Pat Finnegan re: successful collection of delinquent accounts. SUPERVISOR HORTON: Just so the Board knows, we have something slightly, in regard to our transportation to and from Fishers Island on the 12th, we will be leaving, departing the Plum Island Animal Disease facility, as for our normal schedule. But on the return trip, the Fishers Island ferry had a busy schedule, so the Department of Homeland Security will be sending a boat to pick us up, so in advance for what I am assuming to be a flawless return trip, thank you to the Department of Homeland Security for providing that transportation. Okay, at this point I will open the floor to the public to address the Town Board on specific resolutions. Mrs. Egan. JOAN EGAN: Good evening, everybody, Mr. Horton, Mr. Romanelli, Mr. Edwards, Mr. Ross, Judge Evans, Mr. Wickham, Mrs. Neville. And everyone here. Now, the authorize, #596, authorizing and direct the Town Clerk for detention attendants. You need male and female there, right? SUPERVISOR HORTON: That is correct. MS. EGAN: And you have none now? SUPERVISOR HORTON: We are in need of additional. MS. EGAN: And what are they, is that a civil service job or is that an appointment? And how much do they pay? August 10, 2004 Southold Town Board 4 SUPERVISOR HORTON: It is, this is advertising for matrons, so that is in the feminine and it is not a, we go obviously in all of our employment, by civil service guidelines but this is not a position, believe that there is a civil service title for. MS. EGAN: Uh huh. And who is in charge of them? SUPERVISOR HORTON: The Police Department. It would fall under the overall guise of the Chief. MS. EGAN: With you as the top boss, right, dear? SUPERVISOR HORTON: Just a servant. MS. EGAN: Sort of. Alright, now, #602. Mrs. Finnegan. Will she be accompanied by a police officer or what is her issue there and why is she going? SUPERVISOR HORTON: #602, yes. MS. EGAN: That is a day trip, ! would imagine. SUPERVISOR HORTON: This is to, this is a continuing law class and lawyers are required to maintain a certain amount of legal education credits on an annual basis and this is a course that is pertinent to municipalities throughout New York State, thereby the Town Board is sending Town Attorney Finnegan to attend that seminar and it is a day trip. MS. EGAN: Why? SUPERVISOR HORTON: ! just explained that, Mrs. Egan. MS. EGAN: Well, ! don't know that it is necessary .... SUPERVISOR HORTON: We feel it will benefit the Town to have Mrs. Finnegan attend the seminar. MS. EGAN: Well, I question that because I don't think she could really enter into very much as far as police matters are concerned but, let's see what happens. Now, that #604, now that is that machine out there, correct? The blood pressure machine? SUPERVISOR HORTON: Yes. MS. EGAN: Well, ! will tell you this, dear. Sometimes it works and sometimes it doesn't. In addition, this is a very important thing, since ! mean you can go to a doctor, can even do it with your right arm or your left arm, that one you have to use your left arm and there are some people, like myself, who's reading from the left arm to the right arm. So you really need two of them. You really need two of them. And they should be calibrated more often. Are you laughing? ! don't think anything about blood pressure is funny, Mr. Romanelli. Pardon? August 10, 2004 Southold Town Board SUPERVISOR HORTON: We are listening. MS. EGAN: You will look into it? Let's see that you accomplish it. SUPERVISOR HORTON: I am not committing to another blood pressure machine. MS. EGAN: Pardon? SUPERVISOR HORTON: I said, I am not committing to you another .... MS. EGAN: No, you can't do that, dear. They are very expensive. How much do they cost, Josh? SUPERVISOR HORTON: I do not know. MS. EGAN: I would imagine several, several thousand dollars. Okay, now, here we go again and you know this is one of my pet peeves, I don't understand and I feel truly that it is mismanagement at the Human Resource center, different bus drivers and these elderly people, seniors and what have, do like to see the same people, so I feel that there has to be something wrong that there is so many turnovers. Now, the car video thing, we all agree, I think is a great. Maybe Mrs. Finnegan, when she is up there, could check it out because I am warning, I have spoken to many people whether some lawyer will trip it up because they all say that it was done illegally. Now, Fishers Island I don't know much about, thank god you people don't have to bother me on that, okay now the Chief of Police, the #613, I think we all knew that was coming? Correct? SUPERVISOR HORTON: I don't know if we all .... MS. EGAN: Police Captains and what have you .... SUPERVISOR HORTON: That is correct. MS. EGAN: Now, #616, that was more further addressed, probably at the 10:00 meeting this morning, right? The eminent domain, which at the last Town Hall meeting I said is a very, very dangerous and very serious thing and should only be used very judiciously. Now, #617, now are we going ahead with that .... SUPERVISOR HORTON: Actually 617 and 618 .... MS. EGAN: They will be addressed at the public hearing. SUPERVISOR HORTON: This evening they are scheduled... MS. EGAN: You are almost finished with me. Bye bye. SUPERVISOR HORTON: Thank you, Mrs. Egan. MS. EGAN: You are more than welcome. Smile, god loves you, occasionally. August 10, 2004 Southold Town Board 6 SUPERVISOR HORTON: And my mother does, too, contrary to the letter you wrote her. MS. EGAN: I sent a very nice letter. Do you want that one published in the paper, darling? SUPERVISOR HORTON: Mrs. Egan sent my mom a letter saying that she had failed to teach me good manners. Yes, Mr. Huntington. RAY HUNTINGTON: Ray Huntington, Cutchogue. Speaking for the North Fork Environmental Council. With respect to #611, which establishes land use tracking system for sub dividable land, first let me say, it is a good job. It is the most workman like thing to come out of the Town Board, I think, on land preservation on my watch. It is a good job. It defines terms, it is compact, two pages. Good for any government. It contains two essential parameters as well as some other data. There is a resolution tonight to start it and I think it can be started, it can be implemented. I think it should be implemented as an ongoing and not just the acceptance of the one report. Still, it needs more work and it has to do with things like defining preservation and defining more terms with establishing objectives for the Town Board so that it gives meaning to the tracking system and it needs some perhaps, superficial work to make it a little bit more friendly to the consumer. Some of the units are difficult to handle. They are multi-letter terms. For example, well this isn't the best example but when you read something like residential development rate and you are not quite sure what that is. Is that the rate for the day? SUPERVISOR HORTON: You have to say it four times quickly to really get it. MR. HUNTINGTON: Yes, you do. You have to really drill yourself on it in order to get the feel out of the report. And from a consumer's point of view, that ! am speaking in terms of a residential taxpayer, that is something that we have yet to get out of this effort. A good effort but we still are not home yet. And not that this is any reason to delay, we should start it and run it but there is a few things to do. The North Fork Environmental Council offered a metric, that is a means of measuring performance earlier, about a month ago ! guess it was, maybe two weeks, we were told it would be considered by the Planning and Zoning Committee, we went to that meeting and it didn't come up. It was not mentioned in this morning's work session, over the same tracking system. So we are wondering what the Town Board might be doing with respect to that recommendation. This is not a frivolous recommendation; it is the fourth of a series of designed metrics that we think are appropriate. The first three were scrapped because we didn't think they were simple enough. Now, the fourth one, we said, this is good enough to bring to the Board and we would really like you to consider it. Not in replacement of the tracking system but rather as an ongoing added effort with respect to that. Because it makes it come alive in terms that ! think most people could understand, so that is something that we would like you to do. In making such a criticism that it is not there yet, ! don't want to make it sound like sour grapes, we are on a good road here and it is one that you need to be congratulated for. What we want to do is go further, faster. Because the time, again, is running out, when doing anything about preservation can matter at all. Why is it so important to do this tracking? Of course it is not sufficiently toward keeping what our thought are, that it is not sufficiently towards keeping a rural town or at least a somewhat rural town that we have now. We are on a course, it would appear, that would come out to about 34,000 people. With the things that are in the oven, that we know about like the subdivision regulation, like the waterfront plan, it looks like it comes out to about 34,000 people. August 10, 2004 Southold Town Board 7 Even if the subdivision re-write were 100 percent effective, that is that all of that land that was available for such conversion were done, we would only avoid about 1,700 dwellings and 4,000 people. Put that in context, the potential growth of the town is on the order of 17,000 people, so we are off by a 10 to 1 ratio in terms of getting to control of the size of the problem that we are looking at. This is not to say, with respect to resolution 611 and it shouldn't be done, to the contrary, it should be done and not only that, it should be in the resolution that this is an ongoing system until the Board chooses to change it. Thank you. SUPERVISOR HORTON: Thank you, Mr. Huntington. Are there other comments from the Board on the printed resolutions? Yes, Ms. Norden. MELANIE NORDEN: Hi, Melanie Norden, Greenport. With respect to #617 and #618, I know the public hearing is coming up however, ! am not familiar with the waiver request and ! wondered if you could tell me in both statements, it says that there will be a waiver for the moratorium, and then it also says 'requests a waiver for special use permits and site plans'. Is that all of a piece with respect to the wording of a waiver or are we actually asking to have three things waived? SUPERVISOR HORTON: No. That is all encompassing of the moratorium language. MS. NORDEN: Okay. And then ! wondered if you could describe in detail what the waivers actually entail, since ! really just wanted as a point of information, rather than to testify. SUPERVISOR HORTON: I think the public hearing will provide that information. MS. NORDEN: Okay. Are you going to read then the request for the waivers in detail at the public hearing? SUPERVISOR HORTON: Yeah. ! believe that the official notice will be read and described what the content of their waiver request is. MS. NORDEN: Okay. So do we have any other information about the dwelling units or how many dwelling units or any of that? In other words, what other documentation has been provided or provided to the Board regarding both waiver requests and is there any other information that we may not be able to have read into the record tonight that may be informative? SUPERVISOR HORTON: Well, as I said, I think the public hearing will provide that mechanism for description. MS. NORDEN: Okay. Thank you. SUPERVISOR HORTON: Thank you. Are there other comments on the resolutions? (No response) We will move forward on the resolutions starting with #596. #596 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was August 10, 2004 Southold Town Board RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for Detention Attendants to perform Matron duties at the Southold Town Police Department at the current hourly rate of pay. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #597 Moved by Councilman Edwards, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to a new Chapter Al06 - Subdivision of Land of the 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 Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #598 Moved by Councilman Ross, seconded by Justice Evans, WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on thel0th day of August, 2004 a Local Law entitled "A Local Law in relation to No Parking areas along Peconic Bay Boulevard" 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 24th day of August, 2004 at 5:10 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to No Parking areas along Peconic Bay Boulevard" reads as follows: LOCAL LAW NO. 2004 A Local Law entitled, "A Local Law in relation to No Parking areas along Peconic Bay Boulevard". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose - Parking associated with the Park District beach located along Peconic Bay Boulevard in Mattituck has resulted in overflow parking along both sides of Peconic Bay Boulevard, as well as along both sides of the ends of Sigsbee Avenue and Marlene Lane. This parking overflow has resulted in a dangerous condition, which impedes the access and maneuverability of emergency vehicles. Accordingly, it is necessary to limit parking in the immediate vicinity along Peconic Bay Boulevard to one side of the street only, and to prohibit parking at the ends of Sigsbee Road and Marlene Lane within 30 feet of their intersections with Peconic Bay Boulevard. I. Chapter 92 of the Vehicle and Traffic Code of the Town of Southold is hereby amended as follows: § 92-41. Parking Prohibited at all times. The parking of vehicles is hereby prohibited at all times in any of the following locations: Name of Street Side Location Peconic Bay North In Mattituck, August 10, 2004 Southold Town Board 9 Boulevard from the intersection of Sigsbee Road easterly to the intersection of Bay Avenue II. Chapter 92 of the Vehicle and Traffic Code of the Town of Southold is hereby amended as follows: § 92-41. Parking Prohibited at all times. The parking of vehicles is hereby prohibited at all times in any of the following locations: Name of Street Side Location Sigsbee Road Both In Mattituck, from the intersection of Peconic Bay Boulevard northerly for a distance of 30 feet Marlene Lane III. Chapter 92 of the Vehicle and Traffic Code of the Town of Southold is hereby amended as follows: § 92-41. Parking Prohibited at all times. Name of Street Side Location Both In Mattituck, from the intersection of Peconic Bay Boulevard northerly for a distance of 30 feet IV. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. V. 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 Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #599 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to S.A.V.E.S {Spa¥~ Alter~ Vaccinate Every Stra¥~ Inc.) to hold a "Swim to Save" fund raising event to benefit S.A.V.E. and the NFAWL North Fork Animal Welfare League on Saturday, August 21, 2004, beginning at 7:00 A.M. at the New Suffolk Town Beach at the end of New Suffolk Road, New Suffolk and proceeding to the end of Town road Bay Avenue, Mattituck, provided that they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. August 10, 2004 Southold Town Board 10 #6OO Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of $outhold hereby authorizes and directs Supervisor Joshua Horton to execute an amendment to the Agricultural and Farmland Protection Implementation Grant Contract C800556. This amendment will extend the contract period from 7/2/04 through 7/1/06. Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Councilman Ross, Councilman Wickham, #601 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 Suffolk County Brake Service~ in the amount of $62~990.00, for supplying the Solid Waste District with a new walking floor waste haul trailer. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #6O2 Moved by Councilman Edwards, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby grants Permission to the Town Attorney~ Patricia A. Finnegam to attend a CLE seminar on September 30~ 2004 in Melville entitled "Police Liability in New York". All travel expenses to be a legal charge to the Town Attorney 2004 budget. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #603 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby establishes the rate of pay for part-time Bay Constable at $15.00 per hour. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #6O4 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 execute an agreement with NYBP~ Inc. for service to the Vita-Stat automatic blood pressure machine at a rate of three hundred dollars ($300.00) annually, 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. August 10, 2004 Southold Town Board 11 #6O5 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of James O'Keefe~ part time mini bus driver with the Human Resource Center, effective August 27, 2004. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #6O6 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Susan Allen~ part time mini bus driver with the Human Resource Center, effective August 27, 2004. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #607 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 Peter Dohert¥ in the amount of $587.77 for the three (3) surplus outboard motors in the Marine Division of the Southold Police Department. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #608 Moved by Councilman Ross, seconded by Justice Evans, BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST la, 2004, AUTHORIZING THE ACQUISITION AND INSTALLATION OF AN IN-CAR VIDEO SYSTEM IN TEN (la) POLICE CARS TOGETHER WITH A BACK OFFICE SOLUTION, INCLUDING THE UPGRADING OF EIGHT (8) CARS WITH NEW LAPTOPS, APPURTENANCES AND SUPPORTING EQUIPMENT THEREFOR; STATING THE ESTIMATED MAXIMUM COST THEREOF IS $160,000, INCLUDING PRELIMINARY COSTS AND COSTS INCIDENTAL THERETO AND TO THE FINANCING THEREOF; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $160,000 SERIAL BONDS OF SAID TOWN TO FINANCE THE SAID APPROPRIATION. THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: August 10, 2004 Southold Town Board 12 Section 1 The Town of Southold, in the County of Suffolk, New York (herein called "Town"), is hereby authorized to acquire and install an in-car video system in ten (10) Town of Southold police cars, together with a back office solution, including catalogue, index, view and archive functions, to provide two (2) cameras, wireless microphones and an external trigger in each car, eight (8) of which will be upgraded to new ML900 laptops and an integration package between laptops and such mobile video system. The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and to the financing thereof, is $160,000 and the said amount is hereby appropriated therefor. The plan of financing includes the issuance of $160,000 serial bonds of the Town to finance the said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $160,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"), to finance the said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to of the specific object or purpose described in Section 1 hereof for which said serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 a. 25. of the Law, is hereby determined to be five (5) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (C) The Town Board of the Town, acting in the role of Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act ("SEQRA") has heretofore determined that the specific object or purpose hereinabove described in Section 1 is a Type I! Action as defined in said Act and the Regulations promulgated thereunder and no further review is required. (d) The proposed maturity of the bonds authorized by this resolution will not exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00 to 60.00 of the Law, the August 10, 2004 Southold Town Board 13 powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and any bonds heretofore or hereafter authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution shall take effect immediately and the Town Clerk is hereby authorized and directed to publish a summary of this bond resolution in substantially the form prescribed by Exhibit "A" hereto, together with a Notice in substantially the form prescribed by Section 81.00 of the Law, in "The Suffolk Times," a newspaper published in Mattituck, New York, having a general circulation in the Town and hereby designated the official newspaper of the Town for such publication. BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 10, 2004, AUTHORIZING THE ACQUISITION AND INSTALLATION OF AN IN-CAR VIDEO SYSTEM IN TEN (10) POLICE CARS TOGETHER WITH A BACK OFFICE SOLUTION, INCLUDING THE UPGRADING OF EIGHT (8) CARS WITH NEW LAPTOPS, APPURTENANCES AND SUPPORTING EQUIPMENT THEREFOR; STATING THE ESTIMATED MAXIMUM COST THEREOF IS $160,000, INCLUDING PRELIMINARY COSTS AND COSTS INCIDENTAL THERETO AND TO THE FINANCING THEREOF; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $160,000 SERIAL BONDS OF SAID TOWN TO FINANCE THE SAID APPROPRIATION. Object or purpose: the acquisition and installation of an in-car video system in ten (10) police cars together with a back office solution, including catalogue, index, view and archive functions, to provide two (2) cameras, wireless microphones and an external trigger in each car, eight (8) of which will be upgraded to new ML900 laptops and an integration package between laptops and such mobile video system. The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and to the financing thereof, is $160,000 and the said amount is hereby appropriated therefor. August 10, 2004 Southold Town Board 14 Amount of obligations to be issued: $160,000 Period of probable usefulness: five (5) years A complete copy of the Bond Resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk's Office, 53095 Main Road, Southold, New York. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #6O9 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Donald Wilder to the position of part-time Minibus Driver for 17 ½ hours per week for the Human Resource Center, at the rate of $10.25 per hour effective August 16, 2004. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #610 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Josh Elsensohn to the position of part-time deckhand for the Fishers Island Ferry District at a rate of $9.00/hour, effective July 22, 2004. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #611 Moved by Councilman Romanelli, seconded by Councilman Edwards, WHEREAS the Town Board of the Town of Southold designated a team of Town officials to develop a plan for monitoring the pace of preservation and development, which plan and report was presented to the Town Board of August 10, 2004, now therefore be it RESOLVED that the Town Board hereby adopts the definitions written into the Monitoring Team's initial report dated July 27~ 2004 and accepts the Team's first report for the period April 1 through June 30~ 2004, as an accurate statement of preservation and development activity during that period, and be it further RESOLVED that the Town Board requests comparable reports from the Team for each quarter, to be presented to the Board within one month of the end of each quarter, together with cumulative data for the years(s). COUNCILMAN WICKHAM: ! would just like to point out the resolution also includes that the Town Board requests comparable reports from the team for each quarter, to be presented to the Board within one month of the end of the quarter, together with the cumulative data for each year. August 10, 2004 Southold Town Board 15 SUPERVISOR HORTON: Thank you, Councilman Wickham. I think also, to be mentioned along the point that Mr. Huntington made, which was discussed with the Town Board, that like any policy or piece of legislation the Town Board takes action on, it is recognized by this body as a work in progress and moving forward, there can always be improvements made to policies and legislation and this Board acknowledges that. I also want to recognize Councilman Edwards and Councilman Wickham for taking the lead on this and working with very skilled in-house resources to accomplish this. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #612 Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of $outhold hereby authorizes and directs Supervisor Joshua Y. Horton to execute the 2003-2005 PBA contract~ all in accordance with the approval of the Town Attorney and the Town's Labor Counsel. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Councilman Wickham, #613 Moved by Councilman Ross, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby increases the base salary for Chief of Police to $107~997 effective January 1~ 2003 and to $112~047 effective January 1, 2004. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #614 RESOLVED that the Town Board of the Town of Southold hereby increases the base salary for Police Captain to $109~578 effective April 29~ 2004. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. AMENDED BY RESOLUTION 621, AUGUST 12, 2004 #615 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of $outhold hereby authorizes and directs the Town Clerk to advertise for the position of Technical Coordinator II for the Data Processing Department at a salary of $55,377.85. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #616 Moved by Councilman Romanelli, seconded by Councilman Edwards, August 10, 2004 Southold Town Board 16 WHEREAS the Town Board of the Town of Southold as the governing body of the Southold Solid Waste Management District held a public hearing on August 10, 2004 pursuant to Article 2 of the Eminent Domain Procedure Law, regarding the acquisition of an approximately 62 foot wide strip along the length of the southerly portion of the parcel located on Cox Lane, SCTM #1000-84-1-P/O 26.002 BE IT RESOLVED, that the Town Board of the Town of Southold, as the governing body of the Southold Solid Waste Management District, makes the following Findings and Determination: F1ND1NGS AND DETERMINATION 1. The acquisition will benefit the public. 2. The strip of land to be acquired will provide improved, direct access to the District's Commercial and Residential Recycling Collection Facility and is essential to the future operation of the facility. 3. The re-location of access to the facility from the existing entrance on County Route 48 to the proposed entrance on Cox Lane will significantly improve the efficiency of the facility and the ability to route traffic within. With the current access on County Route 48, it is not possible adequately to queue vehicle traffic, or to provide for the separation of commercial and residential vehicles. Relocation of access to the land to be acquired will permit the accomplishment of these objectives. 4. Relocation of access to the land to be acquired will provide the ability to coordinate traffic to and from the facility with the existing traffic signal at Cox Lane and County Route 48, and provide for an efficient, orderly and safe access to the facility. 5. Use of the strip of land presently owned by the District on the north of the Corazzini's Asphalt Plant is not suitable as an alternative access to the property to be acquired. Due to its configuration, the turns required to bring auto and truck traffic to and from the Commercial and Residential Recycling Collection Facility would require significant roadway construction on the capped landfill, which is prohibited by the State. Moreover, providing access from this property would require the navigation of an extreme turning radius, creating a dangerous condition and impairing the public use of the facility. The use of the District-owned strip would also bring traffic further north on Cox Lane, bringing the vehicle flow closer to the Matthews Lane residential community, which is not a desired result. In addition, the route to and from the facility by this means would be cost prohibitive. Conversely, use of the property to be acquired for access would place the access straight into the facility, would limit traffic to the area of commercial/industrial zoned properties, and would not impact on the capped landfill. 6. The acquisition of this strip constitutes an unlisted action under the State Environmental Quality Review Act without a significant impact on the environment. Now be it RESOLVED, that the Town Clerk is hereby directed to have the annexed synopsis of these Findings and Determination published in two (2) successive issues of the Suffolk Times, the official newspaper of the Town of Southold with general circulation within the Town, commencing on Thursday, August 19, 2004; and it is further RESOLVED, that the Town Clerk is hereby directed to mail a copy of this resolution and attached synopsis to the last owner of record of the properties affected hereby, by regular first class mail and by certified mail, return receipt requested; and it is further RESOLVED, that the Town Clerk is hereby directed to forward a certified copy of this resolution and the attached synopsis to Smith, Finkelstein, Lundberg, Isler & Yakaboski, LLP, P.O. Box 389, 456 Griffing Avenue, Riverhead, New York, 11901 and Patricia Finnegan, Town Attorney. August 10, 2004 Southold Town Board 17 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: At this point, the Board moves to public hearings. 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 2 (two) public hearings on the matters of (1.) HEARING OF THE WAIVER REQUEST FROM THE PROVISIONS OF THE LOCAL LAW ENTITLED "TEMPORARY MORATORIUM ON THE PROCESSING, REVIEW OF, AND MAKING DECISIONS ON THE APPLICATIONS FOR MAJOR AND MINOR SUBDIVISIONS, AND SPECIAL USE PERMITS AND SITE PLANS CONTAINING DWELLING UNIT(S) IN THE TOWN OF SOUTHOLD" FOR THE SUBDIVISION OF STEPNOSKI, SCTM #1000-96-01-12 AND (2.) HEARING ON THE WAIVER REQUEST FROM THE PROVISIONS OF THE LOCAL LAW ENTITLED "TEMPORARY MORATORIUM ON THE PROCESSING, REVIEW OF, AND MAKING DECISIONS ON THE APPLICATIONS FOR MAJOR AND MINOR SUBDIVISIONS, AND SPECIAL USE PERMITS AND SITE PLANS CONTAINING DWELLING UNIT(S) IN THE TOWN OF SOUTHOLD" FOR THE SUBDIVISION OF McCARTHY, SCTM #1000-96-01- 11.1. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: The next hearing is identical in its content, with just a different applicants name on it and we will open the hearing, commencing with Councilman Wickham. (Second public hearing was held at this point). Meeting resumed at SUPERVISOR HORTON: This brings us to the remaining resolutions on the agenda. #617 Moved by Councilman Romanelli, seconded by Councilman Edwards, WHEREAS an application has been made by Angelo Stepnoski for a waiver from the provisions of Local Law #3 of 2002 (and extensions thereof) entitled "Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold" pursuant to Section 6 "Appeal Procedures", to permit the Planning Board to consider an application for a minor subdivision for the parcel of property known as SCTM# 1000-96-01-12; and WHEREAS the application involves the subdivision of a 29,823 sq ft parcel into 3 lots; and WHEREAS the Town Board has reviewed the file, conducted a public hearing, and considered all pertinent documents; and WHEREAS the criteria that the applicant must meet is set forth in Section 6. (Appeal Procedure) of Local Law #3-2002 and the extensions of said Local Law, and the section states: August 10, 2004 Southold Town Board 18 Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law, in its legislative discretion, upon its determination, that such variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must find that a variance or waiver will not adversely affect the purpose of this local law, the health, safety or welfare of the Town of Southold or any comprehensive planning being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property and the impact of the variance or waiver on the water supply, agricultural lands, open and recreational space, rural character, natural resources, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. WHEREAS the Town retained a "moratorium group" consisting of in-house and outside planners and attorneys who have developed a "Comprehensive Implementation Strategy" of the Comprehensive Plan of the Town of Southold, and certain comprehensive planning currently being undertaken includes, but is not limited to, 80% preservation of open space throughout the Town and a 60% reduction in density, clear establishment of the Hamlet Centers, and a possible Transfer of Development Rights component (a full description of the "action" is set forth in the SEQRA Resolution dated January 7, 2003 for the Southold Comprehensive Implementation Strategy which is incorporated by reference into this decision); and WHEREAS, planning work is actively proceeding during the moratorium, which was extended July 27, 2004 for an additional 180 days. The issues facing the Town of Southold and possible solutions to those issues are complex. Legislative solutions have not yet been agreed upon, and the Town continues to face significant development pressure; and WHEREAS in 2003, the Town Board engaged an independent planning consultant to perform a study on the neighborhood in which this parcel is located and subsequently agreed with the conclusions that the neighborhood should be restored to its residential status. Accordingly, the Town Board rezoned this property from Light Industrial to Residential (R-40) in 2003; and WHEREAS the Town Board finds that the applicant has demonstrated an extraordinary hardship, in that he is in need of a place to locate his business and the options for such are limited. He claims to have purchased this property with the intention of constructing his business thereon, prior to the rezoning to residential use. He has now proposed to develop the same residentially, and free up the capital to locate his business elsewhere in Town; and WHEREAS the application seeks to develop residential housing in an already developed neighborhood with public water and supports the Town Board's commitment to support a wide range of housing opportunities; and WHEREAS the Town Board recognizes that this waiver will allow the applicant to proceed with the subdivision application, which will require the applicant to seek an area variance from the Zoning Board of Appeals according to the procedures set forth in New York State Town Law and the Southold Town Code; and WHEREAS the Town Board finds that the application is not in contrast with the extensive planning initiatives being undertaken by the Town, or the Comprehensive Plan of the Town of Southold; and WHEREAS the Town Board finds that this application will not adversely affect the purpose of the Local Law # 3 of 2002 and the extensions thereof; and WHEREAS the Town Board of the Town of Southold finds that the application will not adversely affect the health, safety, or welfare of the Town of Southold; and August 10, 2004 Southold Town Board 19 WHEREAS the Town Board of the Town of Southold finds that the minor subdivision application is consistent with the existing land use in the surrounding area and has a minimal impact on water supply, rural character, natural resources and transportation infrastructure of the Town; and WHEREAS based on the application, all relevant documentation, the comments set forth at the public hearing on this matter, the comprehensive planning currently being undertaken by the Town, the above referenced facts, and the criteria set forth in Local Law No. 3 of 2002 and the extensions thereof, Section 6. Appeals Procedures, the applicant has met its burden pursuant to the criteria; and Be it RESOLVED by the Town Board of the Town of Southold that the application for waiver of the provisions of the moratorium is hereby approved. SUPERVISOR HORTON: This will be a roll call vote and before we call the roll, is there any discussion? Please call the roll. COUNCILMAN EDWARDS: Actually, I would like to say a few words on this subject and I want to say them to my colleagues on the Town Board and especially to the four colleagues who voted last November to rezone the area from Light Industrial to Residential. All of us recognize that this problem was created by this Town Board, not by the petitioners. Both Mr. McCarthy and Mr. Stepnoski purchased their property in good faith and both planned to construct buildings consistent with the zoning then in effect. The Boards decision took away their right to build as they planned, placing them in a unique position, different from all other applicants that I know of, for waivers from the moratorium. Our vote tonight, as it has been pointed out, will not authorize the subdivision plan, it will not permit the construction of the buildings they wish to build. All it will do is allow them to proceed with their application to the Planning Board, the ZBA, and the County Health Department during the moratorium. This Town Board was within its rights to make the decisions it did last fall and I am certain those rights will be upheld by the courts, should the petitioners proceed with litigation. But I cannot lightly embark on a road to confrontation, which leaves these two properties, in their present neglected condition, for months or years to come. Especially since no one from the Church Lane community itself has stood up tonight to oppose these requests for waiver. To vote against these waiver petitions is to say that I don't trust the Planning Board or the ZBA to make wisely considered decisions, and I do trust them. To vote against them condemns both the applicants and the Church Lane community to unnecessary periods of limbo and I am unwilling to inflict that on either. These petitions should be given the right to make their case to the appropriate Boards. The Church Lane neighbors should have the right to weigh in on the specific plans, which the petitioners wish to bring to the properties. I see no reason to push this process in to the future one more day, let alone six months or longer. It would be arbitrary and capricious of this Town Board to deny these petitioners the chance to make their case. And for the four of you who voted last December in favor of the zone change, I would consider it the height of hypocrisy now to deny their right to apply for an appropriate alternative use for the property they bought in good faith. The Town Board created this mess and we can't just wash our hands of it and walk away. I will therefore vote yes on Mr. Stepnoski's petition and will also vote yes Mr. McCarthy' s. Thank you. COUNCILMAN WICKHAM: I am voting no on this and I would like to comment briefly myself. One of the speakers referred to the question of a matter of policy and I think it is a matter of policy. To me, it is not a matter of policy in regard to how the property would someday be subdivided. I think that should go to the Planning Board and I am grateful and pleased to see the applicants recognizing that this is going to be a residential property and making the decisions to do it. The policy for the Board has to do with the granting of waivers. In the past, we have granted waivers based on two considerations, one is if the application was very far along in the process and virtually had an approval when suddenly the moratorium came. And secondly whether the preservation ratio was almost August 10, 2004 Southold Town Board 20 reached, 70-72% out of the 75%, at which they would have been able to proceed. This doesn't meet either of those and the hardship that is claimed, while genuine, is no different from the hardship that is there for hundreds of other people in this Town who have been caught up in the moratorium, so from the point of view of consistency, which we heard about and from the point of view of policy, I think it would be improper to grant this waiver to these two applicants at this time. While I support the idea of going forward with residential housing in the neighborhood, they will have an opportunity as soon as the moratorium would have it. As far as I am concerned, when the moratorium is over. JUSTICE EVANS: I am voting no, too because I think the issue before the Board is whether we can grant a waiver under our moratorium and I think the criteria set out in the moratorium doesn't allow us to do that. I am not making a judgment on whether it is a good project or a bad project, that is something to go before the ZBA and the Planning Board but I think as a Town Board and through words we were accused of being hypocritical to vote the zoning and not vote this but I think it is hypocritical to not vote have a moratorium in place with certain criteria and then to say that in this instance we are not going to stick with it, I think it sets a bad precedent, I think there have been lots of other waiver applications that have been before us that have been denied, when they have claimed hardships and on projects that probably would be good projects and I am going to follow the language of the moratorium, I don't believe they meet the waiver criteria, so I say no. SUPERVISOR HORTON: Yes, enthusiastically and I think that the hardship point is well-made and I think that the Town Board, in its efforts to resolve the situation in the big picture and the big picture I mean, a vote that I supported back in October to rezone the property from Light Industrial to Residential, the next action that we took, understanding that there was a lack of Light Industrial zoned property in the community, we waived the subdivision moratorium to provide Light Industrial property just west of this community. We waived that. And that was strictly a waiver that this Board unanimously supported to allow that newly zoned Light Industrial property to proceed with its commercial site plans/subdivision. In the effort of stimulating the commercial and light industrial market and all of us understood that that new market that we created on Depot and 48 was designed specifically to give these gentlemen a place to go. And now I see, and I think their hardship case is well stated, I think it is well founded and I think it deserves more consideration than it has been given this evening and I think that we heard this evening that the two stakeholders at the table this evening that are requesting this waiver, want to communicate with the residents that are within their community, with their neighbors, they want input from the Boards, they just want to proceed so they can leave a positive mark on the Church Lane community and move on to what they initially set out to do and that is conduct their commercial enterprise in a place that this Town Board said is appropriate and I think it is disingenuous for any member of the Board to vote no but you are independent legislators and you are entitled to that but I think in the big picture, looking at this comprehensively, a no vote tonight is a no vote in the overall effort to provide a strong, healthy community, residentially in the Church Lane community and to stimulate and provide a strong, healthy and thriving small business community as it pertains to this specific circumstance. My vote is yes. Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Supervisor Horton. No: Councilman Ross, Councilman Wickham, Justice Evans. This resolution was declared LOST. #618 Moved by Councilman Edwards, seconded by Councilman Wickham, WHEREAS an application has been made by Thomas J. McCarthy for a waiver from the provisions of Local Law #3 of 2002 (and extensions thereof) entitled "Temporary Moratorium on the Processing, August 10, 2004 Southold Town Board 21 Review of, and making Decisions on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold" pursuant to Section 6 "Appeal Procedures", to permit the Planning Board to consider an application for a minor subdivision for the parcel of property known as SCTM# 1000-96-01-11.1; and WHEREAS the application involves the subdivision of a 27,748.41 sq ft parcel into 3 lots; and WHEREAS the Town Board has reviewed the file, conducted a public hearing, and considered all pertinent documents; and WHEREAS the criteria that the applicant must meet is set forth in Section 6. (Appeal Procedure) of Local Law #3-2002 and the extensions of said Local Law, and the section states: Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law, in its legislative discretion, upon its determination, that such variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must find that a variance or waiver will not adversely affect the purpose of this local law, the health, safety or welfare of the Town of Southold or any comprehensive planning being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property and the impact of the variance or waiver on the water supply, agricultural lands, open and recreational space, rural character, natural resources, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. WHEREAS the Town retained a "moratorium group" consisting of in-house and outside planners and attorneys who developed a "Comprehensive Implementation Strategy" of the Comprehensive Plan of the Town of Southold, and certain comprehensive planning currently being undertaken includes, but is not limited to, 80% preservation of open space throughout the Town and a 60% reduction in density, clear establishment of the Hamlet Centers, and a possible Transfer of Development Rights component (a full description of the "action" is set forth in the SEQRA Resolution dated January 7, 2003 for the Southold Comprehensive Implementation Strategy which is incorporated by reference into this decision); and WHEREAS, planning work is actively proceeding during the moratorium, which was extended July 27, 2004 for an additional 180 days. The issues facing the Town of Southold and possible solutions to those issues are complex. Legislative solutions have not yet been agreed upon, and the Town continues to face significant development pressure; and WHEREAS in 2003, the Town Board engaged an independent planning consultant to perform a study on the neighborhood in which this parcel is located and subsequently agreed with the conclusions that the neighborhood should be restored to its residential status. Accordingly, the Town Board rezoned this property from Light Industrial to Residential (R-40) in 2003; and WHEREAS the Town Board finds that the applicant has demonstrated an extraordinary hardship, in that his property was in contract with a local businessman, Gene Chituk, who claimed to be purchasing the property with the intention of constructing his business thereon, prior to the rezoning to residential use. He is in need of a place to locate his business and the options for such are limited. Mr. McCarthy has now proposed to develop the same residentially, and free up the capital to purchase property to locate the business elsewhere in Town; and WHEREAS the application seeks to develop residential housing in an already developed neighborhood with public water and supports the Town Board's commitment to support a wide range of housing opportunities; and August 10, 2004 Southold Town Board 22 WHEREAS the Town Board recognizes that this waiver will allow the applicant to proceed with the subdivision application, which will require the applicant to seek an area variance from the Zoning Board of Appeals according to the procedures set forth in New York State Town Law and the Southold Town Code; and WHEREAS the Town Board finds that the application is not in contrast with the extensive planning initiatives being undertaken by the Town, or the Comprehensive Plan of the Town of Southold; and WHEREAS the Town Board finds that this application will not adversely affect the purpose of the Local Law # 3 of 2002 and the extensions thereof; and WHEREAS the Town Board of the Town of Southold finds that the application will not adversely affect the health, safety, or welfare of the Town of Southold; and WHEREAS the Town Board of the Town of Southold finds that the minor subdivision application is consistent with the existing land use in the surrounding area and has a minimal impact on water supply, rural character, natural resources and transportation infrastructure of the Town; and WHEREAS based on the application, all relevant documentation, the comments set forth at the public hearing on this matter, the comprehensive planning currently being undertaken by the Town, the above referenced facts, and the criteria set forth in Local Law No. 3 of 2002 and the extensions thereof, Section 6. Appeals Procedures, the applicant has met its burden pursuant to the criteria; and Be it RESOLVED by the Town Board of the Town of Southold that the application for waiver of the provisions of the moratorium is hereby approved. COUNCILMAN EDWARDS' Well, obviously I am going to vote yes and I am very disappointed with the results of the previous vote. I feel that government has the responsibility to be fair, I feel government has the responsibility to listen to the people in the community that it has affected and I am very disappointed to see this Board unwilling to agree with those principles. COUNCILMAN ROSS: I reject the characterization attributed to the vote. I cannot divorce myself from the details of the application or the recommendation of the Planning Board and I vote no. COUNCILMAN ROMANELLI: Yes. I will also voice my disappointment in other Board members, especially the ones who voted on this zone change from Light Industrial to Residential. We did that with a purpose in our minds when we did that, it was a hard vote that night, I am talking to the people who were on that Board, it was a hard vote that evening. We made it with the decision to make it Residential. We are asking this applicant to go forward in the process. Through all this, with this particular piece of property, I am almost at a loss for words to my other Board members how you could sit here tonight and not look at this one and you are not approving anything here tonight. We are not approving the opportunity for anything. We are approving the opportunity for a group of people who were affected by a hard, public, political vote, which may turn out to be something good in the end, we are standing here tonight and we are going to say, 'wait a little longer because we can't make a decision.' It is disgusting. So I support it. JUSTICE EVANS: No, for the same reasons stated before. Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Supervisor Horton. No: Councilman Ross, Councilman Wickham, Justice Evans. This resolution was declared LOST. SUPERVISOR HORTON: That concludes our resolutions, would anybody care to address the Board on other town related business? Yes, Mrs. Egan. August 10, 2004 Southold Town Board 23 MS. EGAN: I am going to address Town Hall, the building. The improved, the smell of mildew when you enter the building is horrible. made to get a better Town Hall together? Assessors office should be Is there any progress being SUPERVISOR HORTON: Yes. MS. EGAN: How much? ! mean how much progress? SUPERVISOR HORTON: Tremendous progress is being made. MS. EGAN: Yeah. ! would like to see that building over there with a little window dressing would be good. Oh, now, ! believe many of you may have seen my letter in the Traveler in regard to friends of mine who had a problem at the dump and had a handicapped license plate and as they emerged, they fell and they were treated with disrespect and they were told, go ahead and sue us and they are suing us. So ! hope that there has been some improvement, Mr. Horton, that your friend James, that there is a handicapped sign there and they even were told that handicapped people really don't belong at the dump. That was something else. So, you are going to have the lawsuit is for medical suit .... SUPERVISOR HORTON: Thank you, Mrs. Egan. MS. EGAN: ..... it will be taken care of. Okay, now, has there been any progress made by Mr. Harris through the DOT for the lights on Love Lane. SUPERVISOR HORTON: You would have to ask Mr. Harris. MS. EGAN: Oh, you want me to ask him that? SUPERVISOR HORTON: You would probably get the most direct answer out of Pete himself. MS. EGAN: Mr. Harris. SUPERVISOR HORTON: That is correct. MS. EGAN: Oh, I had brought up when Jeannie baby was here, in regard to, you liked that one, huh? ! do, too. ! have a sister Jean and a daughter Jean. About motorcycles for our policemen on the North Road, to try and catch up with some of these people. SUPERVISOR HORTON: It is a new idea. MS. EGAN: I know it is a problem with lawsuits for the policemen and danger but is there any .... SUPERVISOR HORTON: No. MS. EGAN: It will never happen? August 10, 2004 Southold Town Board 24 SUPERVISOR HORTON: I didn't say that. It is just not something that has been on my mind recently. MS. EGAN: Well, we do have to do something because I will tell you, as much as I don't like motorcycles, certainly down in Greenport there by Claudio's it is absolutely horrible, but they are able to catch up and apprehend some of these terrible, terrible violators. And I don't mean just the young teenagers boozing, I mean people of all ages, it is worth your life to go across the street or go down here anymore. So we do have to do something, don't we? SUPERVISOR HORTON: This weekend we established another checkpoint, I think the third or fourth one for westbound traffic leaving $outhold and Mattituck and 44 summonses were written for vehicles that had loud exhaust systems, exhaust systems that exceeded state regulations. MS. EGAN: Yeah, yeah. And of course, you still have that ongoing problem at Peconic Landing because they have raped the place and there is water coming up on the road there .... SUPERVISOR HORTON: Mrs. Egan, is there anything other than, are there other town issues that you need addressed this evening? MS. EGAN: Well, the usual. The noise control and all of that, that nobody is doing anything. And there is something else that I sent you a letter on and I spoke to Mr. Romanelli on tonight. Did you want to address that tonight, Mr. Romanelli or do you want to check it out tomorrow? COUNCILMAN ROMANELLI: No, I take your word for it. Mrs. Egan has planted flowers at the fire department .... MS. EGAN: Not the fire department. COUNCILMAN ROMANELLI: I am sorry, the Police Department, around the flagpole. And we would like to recognize that and thank you. MS. EGAN: Very good. SUPERVISOR HORTON: And also note that she is demanding a thank you letter. MS. EGAN: And their in-ground sprinkler don't work as well as your and there are still more plants to be done up there. SUPERVISOR HORTON: Thank you. MS. NORDEN: Just as a point of reference, I wonder if the Board would be willing at the next meeting to present to us a synopsis of those applications for which waivers have been granted under the terms of the moratorium? I recall several applications in which hardship was hardly defined .... SUPERVISOR HORTON: You could probably FOIL that information. You could easily FOIL that information. August 10, 2004 25 Southold Town Board MS. NORDEN: I know but I mean, why should I put Betty through that when I could just get a list? TOWN CLERK NEVILLE: It is on laser-fiche. SUPERVISOR HORTON: Because it is on laser-fiche, as Betty mentioned. MS. NORDEN: Oh, okay. SUPERVISOR HORTON: That is something that is used ..... MS. NORDEN: ! would just like to say, ! really also was very disturbed by the last vote. As you all know, ! am a stickler for preservation and the moratoria but ! also think that this was a very viable solution and ! hope that the Board will go out of its way to encourage Mr. McCarthy to come back again and maybe to look at such solutions as converting the area into an affordable housing district. Because as ! understand it, ! don't think Joan Egan's question was answered earlier. But a developer, right, can initiate a zone change, right? SUPERVISOR HORTON: That is correct. MS. NORDEN: And zone change can be as quick as lightening, it is just a matter of public hearing. SUPERVISOR HORTON: That is not correct. MS. NORDEN: It is not? Well, ! mean it is a public hearing, right? SUPERVISOR HORTON: Right but it is not a quick process. MS. NORDEN: Well, why not? ! mean, it is as quick as .... SUPERVISOR HORTON: Because it is a fairly complex process. MS. NORDEN: For changing from Residential to Affordable Housing District? SUPERVISOR HORTON: To do any zone change is fairly complex and requires quite a bit of ..... MS. NORDEN: But it is a possibility, in other words? SUPERVISOR HORTON: It is a possibility. MS. NORDEN: Okay. So ! would just like to say that ! think all things being equal, positive residential development is a good thing for the Church Lane area, if in fact the community is involved and wants that. And ! do think that it seems like an interesting possibility. And ! hope that the board will find some way to not totally discourage the applicants. Thank you. SUPERVISOR HORTON: Thank you very much. This meeting .... after Ms. Schroeder addresses the Board will be adjourned. August 10, 2004 Southold Town Board 26 GWYNN SCHROEDER: Sorry about that. Gwynn Schroeder, Cutchogue. I want to make it clear, I am not speaking on behalf of the North Fork Environmental Council, I am speaking as a citizen. And I want to invite you all to a march on August 20th. It is called 'Return the Light to America'. It is an anti-war march and I have three teenage boys, two 15 year olds and a 17 year old and I watch every Sunday on 'This Week' with George Stephanopoulos the names of the people that have been killed in this war and we as a community has to take a stand. So I would hope that you believe the way that I do, that you will join us on the 20th, it is a Friday, we are starting out at Mitchell Park at 7:30 in the morning. It actually is a walk, it is a relay walk across Long Island and it will end across the Brooklyn Bridge. The Long Island Council of Churches and the Long Island Alliance are participating partners. So, I just want to give you these flyers and I hope I see you. SUPERVISOR HORTON: Thank you. This meeting is adjourned. Thank you all for attending. Moved by Supervisor Horton, seconded by Councilman Romanelli, it was RESOLVED that this Town Board meeting be declared adjourned at 9:15 P.M. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was declared Adopted. Councilman Wickham, Elizabeth A. Neville Southold Town Clerk