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HomeMy WebLinkAboutTB-03/15/2005SOUTHOLD TOWN BOARD REGULAR MEETING March 15, 2005 4:30 P.M. A Regular Meeting of the Southold Town Board was held Tuesday, March 15, 2005 at the Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting at 4:30 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 this public meeting of the Southold Town Board. Please rise and join with me in the Pledge of Allegiance. We have available for public review, available at the Town Clerk's office which is open Monday through Friday 8:00 A.M. to 4:00 P.M., reports, public notices, communications and other town related items. In addition, we ask when members of the community address the Town Board, that they do so from one of the two microphones located at the front of the room and state their name and address or place of residence clearly into the microphone so we can incorporate that into our public record. We do off'er several opportunities over the course of the meeting for the public to address the Town Board. First being prior to voting on voting on any of the written resolutions or any of the resolutions we have before us this evening. We give the public the opportunity to comment on those or ask questions about those. Over the course of any public hearings, of which this evening I don't think there are any, so generally over public hearings, obviously the floor is yielded to the public to address those specific hearings. In addition, at the end of the meeting we afford the public the opportunity to address the Town Board on any town related items that may be at Southold Town Board Meeting 2 March 15, 2005 hand. Prior to moving too far forward with our meeting this evening, our resolutions, I would like to ask Chief Cochran, Mr. Gramazio, Mr. Manfredi and Mr. Boergesson to come forward and Chief Cochran has a presentation to make to these gentlemen on behalf of the Southold Town Police Department. CHIEF CARLISLE COCHRAN: Basically on behalf of the Southold Town Police Department and members of the community we would like to thank you for donating the ten Personal Retriever's which (inaudible). We thank Swede Boergesson for bringing this to our attention and we thank you guys for donating ten and we hope that we can better serve the community. This is a certificate of appreciation. SUPERVISOR HORTON: Allstate Insurance, Chris Manfredi and Rick Gramazio have provided funding for a new life saving, water borne life saving tool. These will be stowed in each of our patrol cars in the trunk and essentially what they do, I won't unravel it all but I have got a heck of an arm, but essentially these will in the event of any water borne emergency (inaudible) it is another tool in the trunk of the police car or in our toolbox, so to speak. That may, or hopefully never get used, but in the event it is necessary and the situation calls for it, this will help save a life and essentially it is... COUNCILMAN ROMANELLI: Like a frisbee? CHIEF COCHRAN: Like a frisbee. They go 100 feet. SUPERVISOR HORTON: It is substantial and what is nice about this, what I can say from my own perspective as somebody who has been in the life saving business from the Coast Guard perspective, is that this is a very useable tool, much more so than your average life ring, that would have, you know, the orange ring, flotation device, that would have coiled line attached to it, that would foul every time you throw it. Even if you get a good shot at it, it will fly 10 feet and then the line will tangle and, so this is well-designed and well planned and Allstate Insurance here in Southold provided the funding for these and we just wanted to say thank you for that. Next, again before we get moving too far, we have an initiative that Councilman Dan Ross has been organizing and he has been promoting and moving it forward and he is going to give a brief explanation of the Southold Town Community Clean- Up, which will take place early in April, throughout town and Councilman Ross has designed and organized this program. Sir, would you state your name and address into the microphone? COUNCILMAN ROSS: Dan Ross, Town Board member. And together with Lloyd Reisenberg, I am coordinating the Southold Town community pick-up, spring pick-up. As we mentioned at the last meeting, this is directed at the highways and the by-ways of the town, when the snow melts and before the greenery appears, the roads don't look too good and the effort here, and the effort is to take place on April 9 of this year between 8:00 A.M. and 11:00 A.M. That is April 9th between 8 and 11, that is a Saturday, to pick up the roads. The places where visitors to our community come through and we are reflected by it. The organizational scheme is such that we are really looking for participation from the community, so before I talk about the organizational scheme from the top down, let me describe it from the bottom up. And we are looking for individuals and the backbone of our community, businesses, and community organizations who have a special connection with a particular area. Maybe you drive to work every day, you go down a particular street and you see it is a mess. There are hotspots in Town, where garbage and litter accumulates and if you want that area, call us up and tell us. That will be the area that will be yours. It will be noted on the map, as we have already noted Southold Town Board Meeting 3 March 15, 2005 certain individuals, and the same goes for organizations. And organization that is tied to an area, the soccer club is tied to Aldrich Lane, the Mattituck Lions Club is tied to the area of Strawberry Fields, the Chicago Knights of Columbus, Mike Dolan has called up and indicated that they would take care of Depot Lane in Cutchogue and so this is what we are looking for and it is not necessary to really get the approval of the organization, you can commit your organization and get their approval later. For instance, Tim Kelly has indicated that the Suffolk Times would be responsible for the north side of the Main Road from their building .... SUPERVISOR HORTON: Have they gone through Troy Gustavson first? COUNCILMAN ROSS: Well, Tim committed and that is good. Pat Finnegan, speaking on behalf of Farmveu Home Owners Association committed to Farmveu east to three or four hundred yards on the north side of Sound Avenue. There have been individuals such as Marilyn Galz, who really is somewhat of an inspiration for this project, I have seen Marilyn picking up all the way from Aldrich to Farmveu on the south side of Sound Avenue for many years and I called her up and she said that she would be happy to participate and of course, we are happy to have her continued help. So, if you are a member of an organization and you feel your organization should participate, let us know, pick an area, if you don't have an area, let us know. I have a number of calls from people, their names have been recorded, we will contact you, we will contact them when the time comes and if you don't have a particular area that you are interested in, we will get you an assignment. SUPERVISOR HORTON: Councilman Ross, what number should people contact? COUNCILMAN ROSS: We have two numbers here, now that I have explained the organizational structure from the bottom up, which is really what we are looking for. You pick your spot, organization, individual or business from the bottom down, we are going to have a coordinator for each of the hamlets, I have Mattituck, I have semi-commitments from people, I am waiting to hear back from them, here at Town Hall, Lloyd Reisenburg is a touch point, 765-1891. You can reach me at 298-1200. There is my e-mail, there is Lloyd's e-mail and we will complete this schematic as time goes on. I would just note, just to show you how it works, we have commitments from people and as those commitments come in, we are going to mark them off on the map. Here is the Knights of Columbus on Depot. We have Mrs. Galz, we have Pat Finnegann in Farmveu. Harvey Arnoff has committed along with the Peconic Land Trust to the north side of that area. So, give us a ring and let us know if you want to participate. If you are not going to be available on April 9th and you want to pick up your area before that, that is fine with us. We will have designated spots, when the time comes, where people can meet and pick up bags and such things. And we will keep you advised as this moves along. Okay? SUPERVISOR HORTON: That is a good presentation, Councilman Ross and thank you for leading and organizing this initiative. I am sure it is going to be a lot of fun and leave the Town looking great. Thank you. And again, people who are interested in participating will contact Lloyd Reisenburg at 765-1891 or Dan Ross at 298-1200. April 9th is the date, correct? COUNCILMAN ROSS: That is correct. Southold Town Board Meeting 4 March 15, 2005 SUPERVISOR HORTON: Okay, good. Looking forward to that. Moving along, we will move right into our approvals. Moved by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that the following Town bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $475,989.19; General Fund Part Town bills in the amount of $23,013.89; Community Development Fund bills in the amount of 74,385.04; Risk Retention Fund bills in the amount of $2,889.22; Highway Fund Whole Town bills in the amount of $64.09; Highway Fund Part Town bills in the amount of $160,580.27; Capital Projects Account bills in the amount of $283,785.00; Community Preservation Fund (2% Tax) bills in the amount of $34,518.50; New London Terminal Project bills in the amount of $339,909.59; Employee Health Benefit Plan bills in the amount of $9,715.20; E-W Fire Protection District bills in the amount of $194,479.00; Fishers Island Ferry District bills in the amount of $30,985.30; Refuse & Garbage District bills in the amount of $29,379.17; Southold Agency & Trust bills in the amount of 46,075.63 and Fishers Island Ferry District Agency & Trust bills in the amount of $47.44. 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 Ross, seconded by Justice Evans, it was RESOLVED that the Minutes of the February 15, 2005 Regular Meeting of the Southold Town Board 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 Minutes of the March 1, 2005 Regular Meeting of the Southold Town Board 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 Councilman Edwards, it was RESOLVED that the next Regular Meeting of the Southold Town Board be held Tuesday, March 29, 2005 at the Southold Town Hall, Southold, New York 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. Island Group Claim Lag Report February 2004 January 31, 2005 2. Juvenile Aid Bureau January 2005 3. Juvenile Aid Bureau February 2005 4. Recreation Department February 2005 5. Program for the Disabled Events February 2005 Southold Town Board Meeting 5 March 15, 2005 6. Animal Shelter Report August 2004 7. Animal Shelter Report September 2004 8. Animal Shelter Report - October 2004 9. Animal Shelter Report November 2004 10. Animal Shelter Report January/February 2005 11. Southold Town Justice Court, Bruer February II. PUBLIC NOTICES None III. COMMUNICATIONS None SUPERVISOR HORTON: At this point, I offer the floor to the public to address the Town Board on specific resolutions. Yes, Mrs. Egan. JOAN EGAN: Good afternoon, Mr. Horton, Mr. Romanelli, Mr. Edwards, Mr. Ross, Judge Evans, Mr. Wickham, Mrs. Neville and Mrs. Finnegan. Joan Egan, East Marion. Before I speak, I certainly hope that the rudeness that was extended to me or given to me at the last Town Hall meeting will not be repeated today. I don't want to be laughed at, I don't want to be yelled at. I don't yell at you, I speak. And I don't want anyone to smirk at me. SUPERVISOR HORTON: Mrs. Egan, would you please continue with your resolutions? MS. EGAN: Now, that little shamrock plant is coming home with me. That is in honor of St. Patrick's day. SUPERVISOR HORTON: So this is a loaner? MS. EGAN: Absolutely. You want to buy it, I bought it for a 1.99 plus tax, I will double it for you. Now, in regard to Mr. Ross's presentation, I don't know why this was given now, unless it is for review for the television .... SUPERVISOR HORTON: That is the purpose. MS. EGAN: Uh huh. And of course, as the same as when Mr. Richter was here and I expressed my feelings immediately to Mr. Ross, I certainly hope that you have a floater insurance policy for any of those people who are willing to do any volunteer work. With the taxes we pay and the way you people up there waste our money, I think it is ridiculous that you are asking for volunteers... SUPERVISOR HORTON: Mrs. Egan, this opportunity of the meeting is on resolutions. MS. EGAN: Excuse me, I am not finished. So that came up, so that is how much. Now, on the front page you have a number of items and number 11, Southold Town Justice Court, again, you are only interested in the money. Southold Town Board Meeting 6 March 15, 2005 SUPERVISOR HORTON: Mrs. Egan, this portion of the meeting... MS. EGAN: This is on the front page. SUPERVISOR HORTON: Excuse me, Mrs. Egan. This is a portion of the meeting, that portion of the meeting that is dedicated to asking questions or reflecting on any of the resolutions, which start with 107. MS. EGAN: Well, I do one page at a time. Alright, 107, where are we moving furniture? SUPERVISOR HORTON: Excuse me? MS. EGAN: 1077 SUPERVISOR HORTON: 107 is a budget modification. MS. EGAN: Well, it says... SUPERVISOR HORTON: Excuse me? MS. EGAN: Furniture moving. Where are we moving furniture? SUPERVISOR HORTON: It is actually for, it is coming out of contractual expense of building, maintenance repairs for furniture moving. I believe it is costs associated with some furniture we have recently received, through the good work of Town Clerk Neville. TOWN CLERK NEVILLE: A donation. MS. EGAN: Now, 109, why are we doing ship yard repair up in New London? We don't have somebody here on the north fork in the Township of Southold? SUPERVISOR HORTON: Mrs. Egan, this is for the repair of the dry-docking of the vessel Race Point, I believe and it is put out to a competitive bid and shipyards throughout Long Island and the region are invited to bid on the job. MS. EGAN: Mmmhmm. SUPERVISOR HORTON: And it is advertised. MS. EGAn: And you couldn't accept a bid, it wasn't close enough that you had to go to Connecticut? SUPERVISOR HORTON: I don't believe that it .... JUSTICE EVANS: Connecticut is closer to where the boat is. SUPERVISOR HORTON: But even aside from that .... Southold Town Board Meeting 7 March 15, 2005 MS. EGAN: It doesn't matter... SUPERVISOR HORTON: Mrs. Egan... MS. EGAN: Moving a boat is nothing. SUPERVISOR HORTON: That is actually entirely false but... MS. EGAN: No, it is not. SUPERVISOR HORTON: It is. MS. EGAN: It is not. SUPERVISOR HORTON: But this was a competitive bid and the Thames Shipyard Repair Company won the bid. MS. EGAN: Alright, number 111. Now, you, this McLean Associate, this again is another group outside of Southold. SUPERVISOR HORTON: This gentleman lives in Cutchogue. MS. EGAN: The gentleman does but the firm is out of... SUPERVISOR HORTON: But I believe he is a partner in the firm. MS. EGAN: That doesn't matter. The firm is out of Southold. SUPERVISOR HORTON: Okay. I understand your .... MS. EGAN: Now, you are talking about a study of parking. You need parking, better parking up at the police station. SUPERVISOR HORTON: This resolution is not about that, Mrs. Egan. Do you have other, specific resolutions? MS. EGAN: Alright. Don't try to rush. SUPERVISOR HORTON: I am not trying to rush, just trying to keep you focused here. MS. EGAN: Now, what is number 112. What do you need some individuals for? SUPERVISOR HORTON: This is in regard to a recreation program that is offered through the Recreation Department and these people will be offering golf lessons. MS. EGAN: Good. Do they provide, do they have to bring their own equipment? Southold Town Board Meeting 8 March 15, 2005 SUPERVISOR HORTON: Yes. MS. EGAN: Okay. Now what is number 114 about? I don't quite understand that. SUPERVISOR HORTON: Let me see, 114 is, we are submitting another grant request to the USDA, essentially it is a portion of the federal farm bill where we compete for farmland preservation monies. MS. EGAN: You have entirely too much land in your own control now. SUPERVISOR HORTON: Okay. MS. EGAN: Now, 116. SUPERVISOR HORTON: Yes, 116. MS. EGAN: Beautification. SUPERVISOR HORTON: Right. We had a grant for a project in Cutchogue, so we are distributing those monies. MS. EGAN: Well, these grants that you get, you seem to think that you have to spend them immediately. SUPERVISOR HORTON: This has been... MS. EGAN: It could be held in reserve until we really need it after a storm. SUPERVISOR HORTON: Okay. MS. EGAN: But I know you will go ahead and do it. SUPERVISOR HORTON: Well, the grant actually has a very specific purpose for which it can be used and it has been three years in the making. MS. EGAN: Yeah, well that is fine. Now, the 118, now is this for the school playground? Or is that for the Dam Pond's, is this for the school playground? SUPERVISOR HORTON: This is for the Oysterponds Playground project, which is in East Marion. MS. EGAN: Oh, yeah. Where you are building that new park. SUPERVISOR HORTON: That is correct. MS. EGAN: Which I objected to... SUPERVISOR HORTON: Yes. Southold Town Board Meeting 9 March 15, 2005 MS. EGAN: ... because it will be another place for drugs to be passed and you calmly said the police would .... SUPERVISOR HORTON: Or for a family to enjoy themselves. MS. EGAN: Ridiculous. We need a library down there, a sub-library. SUPERVISOR HORTON: Mrs. Egan, your next resolution. MS. EGAN: I am getting there. Okay, 119. That is insurance, right? SUPERVISOR HORTON: Yes. MS. EGAN: In that regard, have you signed the contracts for the townspeople? SUPERVISOR HORTON: No. MS. EGAN: No. Great. Well, I keep telling you, I hope it will get retroactive and I they really should get interest on that money. SUPERVISOR HORTON: Okay. MS. EGAN: Shame, shame. Now, number 122 is the highway fund. Now, when you say modification, do we have to add more money to it? SUPERVISOR HORTON: No, the money is in the budget, it is simply being moved from one line to another. MS. EGAN: Why? SUPERVISOR HORTON: Well, this is for the purchase of snow removal equipment. MS. EGAN: You have lots of lawsuits against the highway department in that regard. SUPERVISOR HORTON: That is also false. MS. EGAN: I am glad you are not sending these people for seminars (inaudible) SUPERVISOR HORTON: Mrs. Egan, your next resolution, please. MS. EGAN: I am getting there. Now, what improvements are we doing at the dump now? 125, and I guess that is 126 also. SUPERVISOR HORTON: This is for the transfer station renovation. MS. EGAN: The dump. Southold Town Board Meeting 10 March 15, 2005 SUPERVISOR HORTON: The transfer station, yes. MS. EGAN: The dump. SUPERVISOR HORTON: However you would like to call it. And your next resolution? MS. EGAN: And there are lots of lawsuits there. SUPERVISOR HORTON: That is not true, Mrs. Egan. MS. EGAN: In that regard, I heard on television on 12, that people were getting sick from the fumes from your compost pile up there? You had better be very careful, you will get a lawsuit for that one. SUPERVISOR HORTON: Okay. MS. EGAN: Now, this resolution I certainly hope will pass and that is 127. I felt so proud today as I came up here to see the flag flying on the Soundview. Soundview is a part of our history here, so I certainly hope that that resolution will pass. Now, you approved of the minutes for the March 1st meeting but then you said on 130, you have to amend something. What is that? SUPERVISOR HORTON: Resolution number 130 is amending resolution number 98. MS. EGAN: Which was? SUPERVISOR HORTON: Let me see here, oh, it was a bid on a truck for the highway department. MS. EGAN: An awful lot of money being spent there. Now, 136. SUPERVISOR HORTON: Yes, 136. This is just as it is stated, a settlement agreement regarding a town employee. MS. EGAN: A sad situation, as is 137 a very sad situation, which I had addressed to people before and nothing was done. I will talk to you later. SUPERVISOR HORTON: Thank you, Mrs. Egan. Would anybody else care to address the Board on the resolutions? (No response) We will move forward, commencing with Councilman Romanelli. #107 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General ~Vhole Town Budget as follows: From: A.1620.4.400.100 Contractual Expense - Building Maintenance/Repairs $3,000 To: A. 1620.4.500.500 Contracted Services Southold Town Board Meeting 11 March 15, 2005 Furniture Moving Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $3,000 Councilman Ross, Councilman Wickham, #108 Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Fishers Island SM.1910.4 SM.1930.4 SM.5610.4 SM.5710.2 SM.5710.4 SM.5711.4 SM.7155.4 SM.9010.8 SM.9060.8 SM.9710.7 SM.9730.6 SM.9730.7 From: SM.9710.6 Vote of the Ferry District 2004 budget~ as follows: To: Insurance $ 6, 500 Insurance Claims 6,000 Elizabeth Airport 43,000 Equipment 17,000 Contractual Expense-Ferry Ops 80,000 Office Expense 3,000 Theatre 11,000 NYS Retirement 11,500 Hospital & Medical Benefits 7,000 Serial Bond Interest 5,000 BAN, Principal 25,000 BAN, Interest 25,000 Serial Bonds, Principal Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. 240,000 Councilman Ross, Councilman Wickham, #109 Moved by Councilman Ross, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Thames Shipyard and Repair of New London~ CT~ in the amount of $41,600, for dry-docking the vessel Race Point. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #110 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishinent of the following Capital Project in the 2005 Capital Budget: Capital Project Name: Computer Workstations and Printers Financing Method: Transfer from General Fund Whole Town Budget: Revenues: H.5031.35 Interfund Transfers $20,000.00 Appropriations: Southold Town Board Meeting 12 March 15, 2005 H. 1680.2.600.100 Data Processing Capital Outlay Workstations & Printers Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $20,000.00 Councilman Ross, Councilman Wickham, #111 Moved by Councilman Wickham, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to retain the finn of L.IC McLean Associates to perform a Traffic Analysis and Parking Study at Town Hall, relating to the proposed acquisition of the Stankevich properly, pursuant to their proposal dated March 1, 2005, said services to be a legal charge to the Town Board's 2005 budget (A.1010.4.500.600, Engineering Services). Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #112 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor Joshua Y. Horton to execute an agreement with the following individuals for the spring 2005 recreation programs, all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the recreation department's 2005 instructor line A7020.4.500.420. Dave Haurus (golf lessons) ............................................. $50/person Mark Parson (golf lessons) ............................................. $50/person Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #113 Moved by Councilman Edwards, 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 retain the finn of L.IC McLean Associates to provide Engineering Services to amend site plan and provide information for Eminent Domain Proceeding SEQRA review, pursuant to their proposal dated February 23, 2005, said services to be a legal charge to the Town Board's 2005 budget (A.1010.4.500.600, Engineering Services). Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #114 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the submission of a 2005 proposal to the U.S. Department of Agriculture (USDA) Commodit~ Credit Southold Town Board Meeting 13 March 15, 2005 Corporation Farm and Ranch Lands Protection Program, whereby the Town of Southold proposes a cooperative effort to acquire the development rights to agricultural properties which have been submitted by their owners to the Land Preservation committee of the Town of Southold for sale of such rights to the Town of Southold, in accordance with the terms of the Farm and Ranch Lands Protection Program (FRPP). SUPERVISOR HORTON: This program is relatively new and the Town of Southold has been the most competitive community on Long Island in competing for these funds and we have earned, or brought in several million dollars for farmland preservation as a result of the Town Board's and the town's overwhelming commitment to farmland preservation in the Town of Southold. I am sure we will be competitive for this round as well. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #115 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby declares the following police vehicles declared as surplus equipment: 2FAFP71WXYX176395 - 2000 Ford Crown Victoria - 108,891 miles 2FALP71WXPX183915 - 1993 Ford Crown Victoria - 93,813 miles be it further RESOLVED that the Town Board authorizes and directs the Town Clerk to advertise for the sale of the surplus vehicle. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #116 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2005 budget as follows: Revenues: A.2389.20 Appropriations: A.8510.2.400.200 Miscellaneous Revenue, Other Governments Cutchogue Chamber Grants Community Beautification Cutchogue Chamber Project Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $13,163.06 $13,163.06 Councilman Ross, Councilman Wickham, #117 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to re-advertise for a school crossing guard at the Mattituck High School, Route 25 & Maple Avenue crossing and for the East Cutchogue School crossing. Rate of pay will be per day $27.98 and $36.79, respectively. Southold Town Board Meeting 14 March 15, 2005 Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Councilman Ross, Councilman Wickham, #118 Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Conununit¥ Development Block Grant Program as follows: From: Program Income: HOME Downpayment Assistance Program $5,000 To: Oysterponds Playground Project $5,000 Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Councilman Ross, Councilman Wickham, #119 Moved by Councilman Ross, seconded by Justice Evans, WHEREAS the Town of Southold has entered into a Deferred Compensation Plan group variable annuity contract issued by Hartford Life Insurance Company; and WHEREAS in May 2003, Hartford Life Insurance Company announced changes to products and services provided under said variable annuity contract; and WHEREAS Hartford Life Insurance Company did transfer the Town of Southold's Deferred Compensation Plan assets into a separate account that included those products and services announced in May 2003 without the Town of Southold's written consent; and WHEREAS the Town Board of the Town of Southold has determined that said products and services announced in May 2003 and contained in the current Hartford Life Insurance Company variable annuity contract are desirable and beneficial to participants of the Town of Southold's Deferred Compensation Plan; now, therefore be it RESOLVED that the Town Board of the Town of Southold hereby elects to continue to fund the Town of Southold's Deferred Compensation Plan with the Plan's current Hartford Life Insurance Company variable annuity contract and directs Supervisor Joshua Horton to execute an election form certifying said election. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #120 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Mark Terr.y~ senior Enviromnental Planner and Anthony Trezza~ Senior Planner~ to attend a seminar in Riverhead on Wednesday, March 16, 2005 from 8:00 a.m. to 2:00 p.m.. This seminar is on Farmland Conservation presented by the Suffolk County, Long Island Farm Bureau, First Pioneer Southold Town Board Meeting 15 March 15, 2005 Farm Credit, Comell Cooperative Extension and Peconic Land Trust at no cost. Travel to be by personal vehicle. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #121 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2004 budget as follows: TO Public Safety Comm, P.S Part-Time Regular Earnings $ 4,213.44 A.3020.1.200.100 FROM A.3020.1.100.200 TO A.3120.1.100.100 A.3120.1.100.200 A.3120.1.100.500 FROM A.3120.1.100.300 A.3120.1.100.400 A.3120.1.600.500 A.3020.1.100.100 TO A.3120.4.400.650 FROM A.3120.4.400.700 A.3120.2.500.400 TO A.3120.4.100.200 Public Safety Comm, P.S. Full-Time Overtime Earnings Police, P.S. Full-Time ReRular EarninRs Police, P.S. Full-Time Overtime EarninRs Police, P.S. Full-Time Holiday EarninRs Police, P.S. Full-Time Vacation Earnings Police, P.S. Full-Time Sick Earnings Police, P.S., Misc. Retirement Reserve Public Safety Comm, P.S Full Time Regular Earnings Police, C.E. Vehicle Maim. & Repairs Police, C.E. Vehicle Impound Police Equipment Radio Equipment Police, C.E. Gasoline & Oil 4,213.44 $120,309.48 100,128.51 5,169.32 $ 41,116.64 73,215.98 42,421.00 68,853.69 $ 5,323.85 1,033.76 4,290.09 $ 6,646.60 A.3120.4.100.550 Police, C.E. Flares, Oxygen & Ammunition 82.06 Southold Town Board Meeting 16 March 15, 2005 Police, C.E. Prisoner Food Police, C.E. Miscellaneous Supplies A.3120.4.100.700 A.3120.4.100.900 FROM A.3120.4.100.600 TO A.3130.2.400.400 FROM A.3130.2.400.300 TO A.3130.1.100.200 A.3130.1.300.100 A.3130.1.300.200 FROM A.3130.1.100.100 TO A.3157.1.100.100 A.3157.1.100.300 A.3157.1.100.500 FROM A.3157.1.100.200 TO A.3157.4.100.200 FROM A.3157.4.400.650 Police, C.E. Uniforms & Accessories Bay Constable Equipment Buoys Bay Constable Equipment Dry Suits/Dive Equip. Bay Constable, P.S. Full-Time Overtime Earnings Bay Constable, P.S Seasonal, Regular Earnings Bay Constable, P.S Seasonal, Overtime Earnings Bay Constable, P.S Full-Time ReRular EarninRs J.A.B., P.S. Full-Time Regular Earnings J.A.B., P.S. Full-Time Vacation Earnings J.A.B., P.S. Full-Time Holiday Earnings J.A.B., P.S. Full-Time Overtime Earninas 66.35 656.21 $ 7,451.22 64.00 64.00 $ 4,060.96 3,367.50 67.50 $ 7,495.96 $ 21.26 2.18 $ 693.41 $ 716.85 J.A.B., C.E. Vehicle Maint. & Repairs $ 141.90 SUPERVISOR HORTON: This is just a formality of closing out the 2004 books for our accounting purposes. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. J.A.B., C.E. Gasoline & Oil $ 141.90 Southold Town Board Meeting 17 March 15, 2005 #122 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Highway Fund 2005 budget~ as follows: TO: DB.5110.4.100.975 General Repairs $15,318.50 Supplies & Materials Contractual Expenses Steel FROM: DB. 5142.2.400.200 Snow Removal Equipment Equipment Snow Equipment Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $15,318.50 Councilman Ross, Councilman Wickham, #123 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold grants permission to Damon Rallis~ Building Permits Examiner~ Patricia Conklin~ Building Permits Examiner~ Robert Fisher~ Fire Inspector and Bruno Semon~ Site Plan Reviewer to attend training seminars on April 21, 2005 and June 23, 2005. The seminars will be held at Hampton Bays Fire Department, 69 W. Montauk Highway, Hampton Bays, N.Y. from 8:30 a.m. 4:00 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. #124 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold grants permission to Building Inspector George Gillen to attend training seminars on April 20, 2005 and June 22, 2005. The seminars will be held at Fireman's Pavilion, 555 Irmish Ave., Lindenhurst, N.Y. from 8:30 a.m. 4:00 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. #125 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 bids for hnprovements to the Cutchogue Transfer Station and Residential Drop-Off facility, all in accordance with specifications provided prepared by L.K. McLean Associates, P.C. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Southold Town Board Meeting 18 March 15, 2005 #126 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 Solid Waste District budget~ as follows: To: Appropriations SR.8160.4.100.551 Maint/Supply CAT 5 yd loader $ 2,000.00 From: Appropriations SR.8160.4.100.566 Maint CAT Quarry Truck $ 2,000.00 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #127 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby approves the trailer permit application of Sound View Inn bi: Ellen L. Wiederlight, Greenport, New York, for a period of six (6) months, granting permission to locate a trailer on the property at 58775 Route 48, Greenport, New York, SCTM # 1000-44-02-22 to be used as a motel office/watchman trailer during the repair and reconstruction of fire damage until completion of same. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #128 Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission for the Boy Scout Troop #39 of Mattituck to use the following roads the morning of Sunda¥~ June 19~ 2005 for a 5K fundraising event: Mary's Road, Wickham Avenue, Mill Lane, Main Road, Marratooka Lane, New Suffolk Avenue, Reeve Avenue, and Pike Street in Mattituck, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town Southold as an additional insured and notify Capt. Flatley within ten (10) days after the adoption of this resolution to coordinate traffic control. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #129 Moved by Councilman Ross, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission for the Oysterponds Union Free School District to use the following roads on Saturda¥~ May 7~ 2005 at approximately 10:00 A.M. for a 5K Run/Walk race: Main Road, Platt Road, Halyoke Road, Orchard Street, Narrow River Road, Harbor Street, Douglass Street, King Street, Village Lane, and Tabor Road in Orient, provided they file with the Town Clerk a One Million Dollar Certificate of Southold Town Board Meeting 19 March 15, 2005 Insurance naming the Town Southold as an additional insured and contact Capt. Flatley within ten (10) days after the adoption of this resolution to coordinate traffic. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #130 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby amends resolution #98~ adopted at the Regular meeting on March 1~ 2005 RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Stevens for two light duty Dump Trucks a 2004 F450 and a 2003 F350, in the amounts of $34,675.00 and $27~500.00 respectively. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #131 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Bay Ridge Motors~ Inc, for the 1998 Ford Crown Victoria - VIN 2FAFP71W9WX163098 in "as is" condition located at Police Headquarters, in the amount of $1355.00. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #132 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to sign an Inspection Service Agreement with Apollo Fire Safety Co. II, Inc., 69 Bobann Drive, Nesconset, NY 11767 for the inspection of the Town Hall Sprinkler System from 3/1/2005 to 3/1/2006, 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. #133 Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Francesca Quintieri to the position of provisional Spanish speaking Clerlq in the Office of the Town Clerk, at a salary of $25,008.64, effective March 17, 2005. SUPERVISOR HORTON: I just want to say that Francesca is going to be a welcome addition to the office and incidentally, Southold School had the year 2005, last week I believe, declared 2005 as the year of languages and the students of the school and the faculty of Southold School encouraged all people in the community to be aware that more languages exist in the Town of Southold than just English and I think Francesca's bilingual skills will benefit the Town Clerk's Office greatly. Southold Town Board Meeting 20 March 15, 2005 TOWN CLERK NEVILLE: Yes, they will. I would like the Board very much for the appointment. SUPERVISOR HORTON: Also, I would like to notice that I have received a couple of e-mails from the Town Clerk's Office and with the dynamic that exists in the Town Clerk's Office and the extra set of hands, many of our collections for various fines and fees are up, by I believe $30,000 more this year... TOWN CLERK NEVILLE: $38,000. SUPERVISOR HORTON: $38,000, yeah, close to... TOWN CLERK NEVILLE: Over $50,000... COUNCILMAN ROMANELLI: Not that she is counting. SUPERVISOR HORTON: So we have come ahead on our ability to actually collect what is due to the Town and for that we are also thankful, to the tune of in excess of $50,000 ahead this year alone. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #134 Moved by Councilman Edwards, seconded by Councilman Ross, WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 15th day of March, 2005 a Local Law entitled "A Local Law in relation to Rural Incentive Districts" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 12th of April, 2005 at 8:00 p.nt 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 Rural Incentive Districts" reads as follows: LOCAL LAW NO. 2005 A Local Law entitled, "A Local Law in relation to Rural Incentive Districts". BE IT ENACTED by the Town Board of the Town of Southold as follows: Legislative Intent. Open space and farmland constitute key components of the Town of Southold's rural character. These areas provide the cornerstone of the land use environment valued by year-round residents as well as visitors. Numerous planning documents and studies in the Town's comprehensive planning over the past 20 years have recognized this value and have recommended strategies to preserve these resources. In recent years, the Town has engaged in an aggressive effort to preserve open space and farmland through the use of a variety of conservation tools, including purchase of development rights, outright fee title purchase, and cluster development. The Town has joined with other governmental agencies at the Federal, State and County levels, and with conservation groups such as the Peconic Land Trust and the Nature Conservancy, to further its efforts. In addition, the Town has made use of various long- and short-term funding options to purchase interests in open space and farmland, such as the Community Preservation Fund (CPF) transfer tax, voter-approved bonds and grants. The Town Board recognizes that preservation efforts must continue in accordance with the Town's comprehensive planning efforts and initiatives. Additional funds will be required, and if possible, leveraged, to enable the Town to continue to purchase interests in open space and farmland and retain the Town's rural character. The Town Board determines that its land preservation efforts can best be accomplished through a number of legislative initiatives. This local law creates a new incentive district, or floating zone Southold Town Board Meeting 21 March 15, 2005 classification. Known as the Rural Incentive District (RID), the RID is intended to encourage the preservation and conservation of open space and farmland, while preserving land equity. It is intended to provide incentive to Landowners dedicated to the preservation and conservation of open space and farmland, while providing the Town with a means to prioritize lands at risk of development. New York State Town Law Section 261-b provides the framework to accomplish these goals. Chapter 100 of the Code of the Town of Southold is hereby amended to create a new Article XVII, as follows: Sec. 100-170. Purpose. In order to provide for the safety, health and welfare of the public, it is necessary and appropriate to provide incentives for the preservation of lands in agricultural production and open space throughout the Town of Southold. This Local Law would do so by creating a Rural Incentive District by which identified parcels of land could be rezoned, subject to a minimum term easement with restrictions on development, and providing a mechanism for the negotiated purchase of fee title or development rights to such parcels upon their end of the minimum easement term. The Local Law would also provide incentives to the landowner to remain in the RID, and protections to ensure good faith bargaining. 100-171. Definitions. The terms and words used in this Article shall be given the meaning and uses as defined in this Article, or if not defined herein, those defined or generally attributable to them in other sections of this Chapter. INCENTIVE ZONING DISTRICT -- A zoning district created pursuant to Town Law Section 261-b, wherein specific incentives or bonuses are granted on the condition that specific physical, social or cultural benefits or amenities would inure to the community. 100-172. Classification. A. The Rural Incentive District (RID) is established as an Incentive Zoning District pursuant to Town Law Section 261-b. B. The RID classification may be considered on a floating zone basis. Upon rezoning to the RID classification, all principal and accessory uses, restrictions, controls and incentives listed in the RID shall govern the lands subject to the RID classification. All other restrictions and controls in the underlying zoning district shall remain applicable. 100-173. Requirements for Elieibility. All properties meeting the standards and criteria set forth in this Article shall be deemed eligible for rezoning as a RID. In order to be considered for rezoning within the RID, lands in the Town of Southold must meet the following criteria: A. The lands must consist of a sub-dividable parcel meeting the Town's preservation goals and included in the Community Preservation Project Plan (CPPP), which may consist of a lot designated as a separate tax map number, or of two or more contiguous lots with separate tax map numbers. A landowner may also apply for the rezoning of additional land contiguous to property already in the RID classification. B. A parcel must be land in agricultural production as defined in Chapter 25 of the Town Code of the Town of Southold, or open space, as defined in Chapter 59 of the Town Code of the Town of Southold. C. The Town Board must find that the parcel provides an environmental, physical, economic, aesthetic, social or cultural benefit to the Town. 100-174. ZoninR Approval; Application and review procedure. The Town Board may rezone lands from that of their underlying zoning district to the RID classification upon written application of the landowner pursuant to this Article. Southold Town Board Meeting March 15, 2005 22 Application. An applicant shall submit two (2) copies of the following to the Town Board: 1. Form of Application approved by the Town Board, including the name of the owner and/or applicant, description of current use of the property, and disclosure affidavit; 2. Deed(s) covering all lands for which application is made; 3. Survey(s) or map(s) showing all lands proposed to be included within the RID, and any improvements on those lands. Environmental Review. The Town Board shall comply with SEQRA in acting upon any application for the rezoning of any lands to the RID classification. Furthermore, pursuant to Town Law Section 261-b, the Town Board shall prepare a generic environmental impact statement pursuant to 6 NYCRR 617.5 for any zoning district in which the granting of incentives of bonuses have a significant effect on the environment before any such district is designated, and such statement shall be supplemented from time to time by the Town Board if there are material changes in circumstances that may result in significant adverse impacts. The applicant for RID classification shall pay a proportionate share of the cost of preparing such environmental impact statement. Referral. After receipt of a complete application and the conduct of all required environmental review, the Town Board shall refer the application to the Planning Board and to the Land Preservation Committee and, as applicable, to the Agricultural Advisory Committee, for review and recommendation. The Planning Board and other committees shall provide a report within thirty (30) days of the date of the meeting at which the referral is received. No action shall be taken by the Town Board until receipt of the Planning Board report and other Committee reports, as applicable, or the expiration of its 30-day review period, whichever comes first. The review period may be extended by mutual consent of the applicant, the Town Board, the Planning Board, and, as applicable, the Land Preservation Committee and/or the Agricultural Advisory Committee. Planning Board Report. The Planning Board may recommend approval, approval with conditions, or disapproval of the proposed rezoning. In preparing its report, the Planning Board shall take into account the recommendations of the Southold Town Farm and Farmland Protection Strategy, adopted as policy by Town Board resolution of January 18, 2000 and supporting documents, the studies contained in the Town's comprehensive planning efforts and initiatives, the existing characteristics of the property and the surrounding properties, the environmental, social, physical, aesthetic, economic and cultural aspects of the property and its surroundings, and such other factors as may be necessary to carry out the purposes of this Article and this Chapter. The Planning Board shall further evaluate the effects of the incentives provided by virtue of the provision of the community benefit, i.e., the preservation of agricultural lands or open space, and whether the subject parcel will contain adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection. The Planning Board's report shall provide detailed reasons for its recommendation. Public Hearing. Within thirty (30) days of the receipt of the Planning Board report, or the expiration of the Planning Board review period, whichever occurs first, the Town Board shall hold a public hearing on the application, with the same notice prescribed for zoning amendments. Town Board Action. Within thirty (30) days of the date of the closing of the public Southold Town Board Meeting March 15, 2005 23 hearing, the Town Board shall either approve or disapprove the rezoning and file its decision with the Town Clerk, with notice to the applicant. In approving such rezoning, the Town board shall determine, after considering the Planning Board's recommendation, and evaluating the effects of any potential incentives which are possible by virtue of the provision of community amenities, that the subject parcel contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and that there will be no significant environmentally damaging consequences and that such incentives or bonuses are compatible with the development otherwise permitted. If approved, the Town Board shall amend the zoning map of the Town in accordance with the approval and forward a copy of the resolution containing the decision to the Planning Board, the Land Preservation Committee, the Agricultural Advisory Committee, and the applicant. Any such approval shall be subject to the Conditions of Approval as set forth below in 100- 175 of this Chapter. 100-175. Conditions of Approval. A. Easement. 1. Following a public hearing and approval of the rezoning pursuant to Chapter 100 of the Town Code and Chapter 247 of the General Municipal Law, the Landowner shall enter a Preservation Easement (the "Easement") with the Town, in the form provided by the Town, which shall include the following: a. An agreement that the property will remain as open space as defined in Chapter 59 of the Town Code of the Town of Southold, or in agricultural production as defined in Chapter 25 of the Town Code of the Town of Southold, for a minimum of eight (8) years, except as provided in Section 100-177. Subdivision and/or 100-179. Hardship Exit of this Article. b. Restrictions regarding permitted principal and accessory uses on the property as set forth in Section 100-175.B. c. Restrictions for the construction of principal and accessory structures on the property as set forth in Section 100-175.B. d. Procedures limiting any subdivision of the property to a Conservation Subdivision or Open Development Area. e. Termination procedures as set forth in Section 100-176. Exit from the RID and/or 100- 179. Hardship Exit of this Article. f. An agreement to compensate the Landowner for the Easement term in the event of a sale to the Town of fee title or development rights, as provided in Section 100-178. g. Notwithstanding the provisions of Section 100-175.B., land included within a New York Agricultural District pursuant to Article 25AA of the Agricultural District Law shall retain the benefits of such inclusion. 2. The easement shall be in a form acceptable to the Landowner, the Town Attorney's office and consistent with the Town's form of Preservation Easement. 3. The easement shall be recorded in the Office of the Suffolk County Clerk. B. Permitted Uses and Structures During the Easement Period. 1. Open Space as defined in Chapter 59 of the Town Code of the Town of Southold. Open space lands may be converted to, and fallow fields may be returned to, Agricultural Production without penalty. Southold Town Board Meeting March 15, 2005 24 2. Agricultural Production as defined in Chapter 25 of the Town Code of the Town of Southold. Improvements to existing structures and the construction of new structures on agricultural lands shall remain subject to all applicable restrictions, standards and protections as would govern agricultural lands in the applicable zoning district(s). §100-176. Exit from the RID. A. The Rural Incentive District (RID) enrollment shall have a minimum term of eight (8) years. The Landowner may elect to continue enrollment beyond the initial eight-year term indefinitely. The Landowner may exit enrollment in the RID prior to the expiration of the minimum term only by completing a Conservation Subdivision pursuant to Chapter Al06 of the Town Code of the Town of Southold, Subdivision of Land, or pursuant to Section 100-179 Hardship Exit, as provided herein. Upon completion of the minimum term, the Landowner may exit enrollment by following the procedures provided herein. The Town Board shall approve such exit from the RID and amend the zoning map of the Town in accordance with such exit and provide notification of such approval and amendment to the Town Clerk, the Planning Board, the Land Preservation Committee and the Landowner. B. At any time during the easement period the Town may offer to purchase or the Landowner may off'er to sell the development rights or fee title of all or of part of the parcel. This off'er may be initiated at the discretion of either the Town or the Landowner, by written notice to the other. Should the Town not have made an off'er to and reached an agreement with the Landowner to purchase development rights or fee title of the subject property after the first seven (7) years of the minimum term RID Easement, the Landowner may exit the RID by providing the Town with a minimum of one (1) year's written notice of the Landowner's intention to withdraw from the RID. Notice may be given on a date no earlier than one (1) year prior to the end of the minimum term. If such notice is given, the following procedure shall apply: (1) Within forty-five (45) calendar days of receipt of a notice of Landowner's written intention to withdraw, the Town shall provide the Landowner with a letter of intent. The letter of intent shall either inform the Landowner of the Town's desire to purchase development rights or fee title of the subject property, or release the Landowner from the RID. If the Town's letter of intent releases the Landowner, the Landowner is free to leave the RID at the end of one year's time from the Town's receipt of the Landowner's written notice of intent to withdraw. Failure of the Town to respond within forty-five (45) calendar days shall constitute such a release. In the event of such a release, the Landowner shall be entitled to the zoning regulations applicable to the subject property in effect at the time of the enrollment in the RID for a period of three (3) years subsequent to the exit from the RID. In no event shall the Landowner be permitted to exit the RID prior to the expiration of the minimum term except as provided in either of Sections 100-177 Subdivision or 100- 179 Hardship Exit below. (2) If the Landowner has not been released from the RID by the Town as provided above, within three (3) months of the Town's receipt of the Landowner's written notice of intent to withdraw, the Town shall prepare an appraisal of the parcel and make an off'er to the Landowner based upon the appraisal. The Land Preservation Committee shall issue a set of written guidelines and assumptions for the preparation of all appraisals for the subject property under this Article. All appraisals under this Article shall also follow the general guidelines for the conduct of appraisals, which shall be issued from time to time by the Southold Town Board Meeting March 15, 2005 (3) (4) (5) 25 Land Preservation Committee and made available to Landowners prior to the enrollment of the subject property in the RID. Included among those guidelines shall be the requirement that appraisals be conducted on the assumption that the zoning regulations in effect at the time of the enrollment in the RID remain applicable to the subject property at the time of the appraisal. Failure of the Town to prepare an appraisal and make an offer within three (3) months of its receipt of the Landowner's written notice shall automatically release the Landowner from the RID at the end of one years' time from the Town's receipt of the Landowner's written notice but in no event prior to the expiration of the minimum term. In the event of such release, the Landowner shall be entitled to the zoning regulations applicable to the subject property in effect at the time of the enrollment in the RID for a period of three (3) years subsequent to the exit from the RID. Within forty-five (45) calendar days of receiving the Town's offer, the Landowner may either accept the offer from the Town, make a counteroffer based upon an appraisal provided by the Landowner to the Town, or reject the Town's offer. Any such appraisal from which an offer is made must conform to the guidelines and assumptions issued by the Land Preservation Committee for that property. If the Landowner makes a counteroffer, and provides its appraisal, the Town shall disclose its initial appraisal to the Landowner at such time. If the Landowner rejects the Town's offer or fails to respond with a counteroffer and appraisal within such forty-five (45) days, the Landowner may exit the RID at the end of one year's time from the Town's receipt of the Landowner's written notice of intent to withdraw but in no event prior to the expiration of the minimum term requirement, and the subject property shall be governed by the applicable zoning regulations in effect at the time of such exit from the RID. If the Landowner makes a counteroffer based upon a disclosed appraisal and the Landowner's appraisal and the Town's disclosed appraisal are no more than ten percent (10%) apart, (i.e., the lesser of the two appraisals is ninety percent (90%) or more of the greater of the two), the parties shall endeavor to reach an agreement. If the parties are unable to reach an agreement within thirty (30) calendar days, the Landowner may exit the RID at the end of one year's time from the Town's receipt of the Landowner's written notice of intent to withdraw, but in no event prior to the expiration of the minimum term, and upon exit, the subject property shall be governed by the applicable zoning regulations in effect at the time of such exit from the RID. If the Landowner makes a counteroffer based upon a disclosed appraisal and the appraisals are more than ten percent (10%) apart, and if the Town and the Landowner are unable to reach an agreement on the basis of the two disclosed appraisals within thirty (30) calendar days, at the election of either party, a third appraisal shall be conducted in conformance with the guidelines and assumptions mutually agreed upon by the parties. The parties shall jointly agree on the selection of a party to prepare such third appraisal, which appraisal shall be disclosed to both parties. If the parties are unable to agree upon the third appraiser within ten (10) days, an appraiser not previously disclosed by either party in the negotiations shall be selected at random from a list of appraisers periodically established by the Town Board pursuant to this Local Law. The parties shall share equally in the expense of the third appraisal, which shall be completed within sixty (60) days. Within thirty (30) days of receipt of the third appraisal, the Town may elect to consider the average amount listed in the three disclosed appraisals as its Final Offer. If the Town elects not to do so, the Landowner may exit the RID at the end of one year's time from the Town's receipt of the Southold Town Board Meeting March 15, 2005 26 Landowner's written notice of intent to withdraw, without penalty, and the Landowner shall be entitled to the zoning regulations applicable to the subject property in effect at the time of the enrollment in the RID for three (3) years subsequent to the exit from the RID. (6) If the Landowner elects not to accept the Final Off'er extended by the Town within thirty (30) days of such Final Off'er, the Landowner will be deemed by default to remain in the RID unless the Landowner gives express written notice to the Town, within that time, that the Landowner intends to exit the RID, with the understanding that the property shall be subject to the zoning regulations in effect at the time of such exit. If the Landowner provides such timely written notice, the Landowner may exit the RID at the end of one year's time from the Town's receipt of the Landowner's written notice of intent to withdraw but in no event prior to the expiration of the minimum term requirement, and upon exit the subject property shall be governed by the applicable zoning regulations in effect at the time of such exit from the RID. If such notice of exit is not provided, the Landowner shall remain in the RID and shall only be entitled to restart the exit process provided in this section after the expiration of one year's time from its failure to accept the Final Off'er. (7) Within twelve (12) months of the Town's receipt of the Landowner's written notice of intent to withdraw from the RID, the Town and the Landowner shall have concluded the aforementioned process. If the process produces an agreement, the contract shall be signed within thirty (30) days and all good faith efforts shall be made to conduct the closing within thirty (30) days after contract signing. The specific deadlines provided herein may be extended only upon the mutual written consent of both the Town and Landowner. §100-177. Subdivision. During the easement period, a landowner may apply to develop the property as a Conservation Subdivision pursuant to Chapter Al06 of the Town Code of the Town of Southold, Subdivision of Land. During the period of time the subject property remains in the RID, the Landowner's application for such Conservation Subdivision shall be governed by the applicable lot area requirements in effect at the time the subject property entered the RID, and pursuant to the procedures employed by the Land Preservation Department, without reference to the appraisal process set forth above. During such application process, the RID classification shall remain in effect. §100-178. Easement Term Payment Incentive. In the event the Town and Landowner execute an agreement for the sale of fee title or development rights of property that has remained in the RID for a minimum of eight (8) years, upon the closing of such sale the Town shall pay Landowner a certain amount as compensation for the full extent of the Easement term, as follows: 1. A payment at the rate of 1.25 percent (0.0125) of the agreed-upon purchase price for each year, or fraction thereof, that the property for which the Town has acquired fee title or the development rights, has remained in the RID. 2. In the event such exit from the RID occurs via completion of a Conservation Subdivision, such payment shall only be made for property for which the Town has acquired fee title or development rights. 3. In the event that such exit from the RID occurs via completion of a Conservation Subdivision, such payment shall be made only if such Conservation Subdivision meets the requirements of a 75/75 Conservation Subdivision in accordance with the definitions and procedures set forth in Chapter Al06, Subdivision of Land. Southold Town Board Meeting March 15, 2005 27 4. Such payment shall only be made for a maximum period of twenty-four (24) years, or a maximum total of thirty percent (30%) of the total purchase price of the fee title or development rights. §100-179. Hardship Exit. A Landowner may request early termination of the Easement by filing a written request with the Town Clerk. The Town Board shall hold a public hearing upon notice, and may, upon its discretion, grant such a request upon a showing of undue hardship or extraordinary circumstances, including but not limited to death, illness or catastrophic economic loss. The Town Board may release the Landowner from the obligations of the RID immediately and without penalty. In the event the Town Board grants such a release, the Landowner shall be entitled to the zoning regulations applicable to the subject property in effect at the time of the enrollment in the RID for a period of three (3) years subsequent to the exit from the RID. In the event that a hardship release from the RID is granted to the Landowner subsequent to a change in zoning applicable to the subject property, the grant of such a release shall be conditioned upon the Landowner's provision to the Town of a right of first refusal on the purchase of development rights or fee title to the subject property during the entirety of the three (3) year period of zoning protection. §100-179.1. Article 78 Procedure. A person aggrieved under this Article may file an Article 78 proceeding. Such proceeding shall be commenced within thirty (30) days of the filing of the decision with the office of the Town Clerk. 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 afl~ct the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. 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 Romanelli, Justice Evans, Supervisor Horton. Abstain: Councilman Wickham. This resolution was duly ADOPTED. #135 Moved by Councilman Ross, seconded by Justice Evans, 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 Rural Incentive Districts" 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 Romanelli, Justice Evans, Supervisor Horton. Abstain: Councilman Wickham. This resolution was duly ADOPTED. #136 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby ratifies the settlement agreement dated March 4~ 2005 regarding a town employee. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. Southold Town Board Meeting March 15, 2005 This resolution was duly ADOPTED. 28 #137 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation letter of Kent McCarth¥~ effective March 4~ 2005. 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: I know we, in regard to hiring Francesca Quintieri, I know we had a little humor but I think it is extremely important to acknowledge that we have a not only a really socio- economically diverse community but we have a very diverse community culturally and we have many languages that are spoken in Southold Town and we have made use of residents in Town that speak Polish, we have even made use of, had to tap into residents that speak Lithuanian, and the addition of a full-time person that has bilingual capabilities, it is helpful to the Town and a reflection of the diversity of our community. I think it is a diversity that makes this community so special. At this point, I open the floor to the public to address the Board on general town business. Yes, Mrs. Egan. MS. EGAN: Joan Egan, East Marion. Before I start, Mr. Horton, unfortunately you got sick two weeks ago and I really at this point, I have mentioned it. I don't know why you didn't contact the Deputy Supervisor. SUPERVISOR HORTON: Mrs. Egan, I appreciate your concern for my health and I appreciate the over 20 phone calls I received immediately thereafter. I got dizzy and felt sick .... MS. EGAN: I know and Captain Flatley took you home. SUPERVISOR HORTON: No, excuse me, Mrs. Egan. Excuse me, Mrs. Egan, if you are going to question my health and wonder why I, how and why I run meetings, I am going to give you an explanation. And the explanation is, just moments before the meeting, I felt an urgent need to see a doctor. And there, quite frankly, there were only about four or five minutes prior to the meeting and Councilman Wickham was kind enough to run the meeting and no further explanation is needed. MS. EGAN: Well, I think then I will express my... SUPERVISOR HORTON: And I am alive and well. MS. EGAN: Then I think you made a very poor judgment call when you went home sick that afternoon, you should have decided I cannot go to the meeting, you should have gotten on the phone and had the Deputy Supervisor here because when Mr. Wickham ran it, he wanted to run it like he had done many years ago... SUPERVISOR HORTON: Mrs. Egan. MS. EGAN: ... and he wasn't allowed to do that. Southold Town Board Meeting 29 March 15, 2005 SUPERVISOR HORTON: Okay. MS. EGAN: So in the future, if there is a problem, don't play the brave hero, remember we are the people .... SUPERVISOR HORTON: Mrs. Egan, excuse me. Mrs. Egan. MS. EGAN: ... who are paying your salary. I will go on... SUPERVISOR HORTON: I just, however, I enjoy and I appreciate your comments and then how you address the Board because you know, so often you have pertinent points but oftentimes, you also cross the line into making comments that are personal in nature and I just ask that you not do that and by no means will I ever... MS. EGAN: I am sorry, Mr. Horton .... SUPERVISOR HORTON: .... and in no means will I ever play the brave hero. MS. EGAN: You made a mistake, admit you made a mistake, you should have had the, and .... SUPERVISOR HORTON: Mrs. Egan. MS. EGAN: .... certainly the Deputy Supervisor should have been informed .... SUPERVISOR HORTON: Mrs. Egan. MS. EGAN: .... to watch the Town Hall meeting on TV, so that when he was here that Wednesday evening he could possibly answer some questions, which he couldn't. SUPERVISOR HORTON: And you took it upon yourself to call him at home at night, I am aware of that. MS. EGAN: Now the phone system, excuse me, number one, the flag on Mattituck on Depot Lane, the Mattituck School District flag still isn't flying for three years. SUPERVISOR HORTON: I recommend that you contact the Mattituck School about that. MS. EGAN: I have. I have and you said you would do that. SUPERVISOR HORTON: And I also recommend that you go to the Mattituck School Board and let them know. MS. EGAN: Oh, no. I am not going to do that, that is your job. Or you can have one of your flunkies up here do that. Now the phones both inside the building and the phone for the hook up, you can't still call from, if you call here and you want someone at the North Fork Bank, you have to make another call. Southold Town Board Meeting March 15, 2005 SUPERVISOR HORTON: Okay. 30 MS. EGAN: That was addressed at the last Town Hall meeting and my suggestion was, Mr. Romanelli said that the telephone company has not done it, I said, well don't pay the bill. The telephone company will get you. The phones inside the building are not working as well as they should. When you ask to call one number and asked to be patched over to another number inside the building, they don't always work properly. So obviously something is wrong. Now, we addressed the insurance situation with Mr. Ross. This I think is wrong. I think we pay enough taxes that people clean up their own places or you hire someone. Now, now, with regard to many other things, you are going to need another code, at least two more code enforcers, so you had better stop spending money as radically as you do. Now the Peconic Land Trust who has it, did you see the mess behind their building? Now, also, I am sure you are aware Mr. Horton, on the papers and newspapers, on television, whatever, that the United States government, which I told all of these bright people up here the last time, is being sued. The United States government is being sued for not alerting people when they had the information for the tsunami thing. We have the Cornell Institute up here, which I believe does some monitoring for earthquakes and the like. They could get something. You thought it was a good idea. Again, also, I brought up for Mrs. Finnegan about the child protection agency, which you in December thought it was a great, great thing and it was going to be put in the quarterly. You don't remember. Your Alzheimer's is kicking in early. And nothing was done. She never calls me back, her secretary I think was on vacation while she was on vacation .... SUPERVISOR HORTON: That is not true. MS. EGAN: Well, she wasn't there. She is always late for work. Now, the street signs on 48 have not been completed. That is through Mr. Harris. I don't know why. Now, oh, no, I think also, I guess those, we had, how many of the police cars have those new cameras in them? SUPERVISOR HORTON: I believe at this point, seven of the cars are installed. MS. EGAN: Well, I would contact a very, very good lawyer because people will consider it an invasion of privacy. In other words, let's say I get pulled over for some reason and there are other people in the car, in my car. And they are taking pictures of it. I think you may have a problem. Now, I did go to the expense, which you thought it was a good idea about these justice reports, which you at I think the December or January meeting, we said that you only go for the money and I said that this is the least important thing, it is what is happening to our town. I did go ahead and spend $8.75 to get a copy of such report. And it is horrible, what is happening to our town. You are up here on Friday's, so there is now a letter because Mrs. Finnegan thought she had to call Hauppauge to get a scanner for here and that is not the way you do it, Mrs. Finnegan, I always have to... SUPERVISOR HORTON: Mrs. Egan, you don't need to address or attack Mrs. Egan. MS. EGAN: No, no. I am not. I am just, alright I won't look at, I told Mrs. Finnegan... SUPERVISOR HORTON: Did I just switch that? I am sorry. Southold Town Board Meeting 31 March 15, 2005 MS. EGAN: .... what is now in the hands of Judge Bruer, the Justice Court here, which thank god you did get which I have been after you for protection for that little building back there, there is a letter in Judge Bruer's desk or maybe he read it because that is where the request has to come from. To get a scanner here and then you pursue it. That information came to me from the Chief of Police and Captain Flatley. That's the way you do it. SUPERVISOR HORTON: Okay, thank you, Mrs. Egan. MS. EGAN: and let's see, let's hope to god because in light of what happened in Georgia and they even had a scanner there, we are about the only court on Long Island that doesn't have a scanner out there. Half the time the people on Friday morning are either passed out or drunk out there .... SUPERVISOR HORTON: That is not true, Mrs. Egan. MS. EGAN: .... pardon? SUPERVISOR HORTON: That is not a fair assertion. MS. EGAN: That is not what? Not a fair statement? SUPERVISOR HORTON: Continue, please. MS. EGAN: You are sitting in your little private office. Please don't tell me that, I am here. Oh, before I leave, I want to wish all of you a very happy Easter and to those of you who are not celebrating Easter, I believe the Jewish Passover, well it starts soon, so have a very happy Easter. SUPERVISOR HORTON: Thank you, Mrs. Egan. MS. EGAN: You are more than welcome. SUPERVISOR HORTON: Would anybody else care to address the Board? GUNTHER GEISS: Gunther Geiss, Southold. I believe it has been about two months since the Town contracted with Design Learned to begin the final design process for .... SUPERVISOR HORTON: That is correct. MR. GEISS: ...the Animal Shelter. Could we hear a progress report on what has been accomplished and where we stand? COUNCILMAN WICKHAM: Last week, the Town Committee responsible for this project, comprised of Bill Edwards, Jamie Richter and myself, met with the Design Learned team. We had a very productive scoping meeting, they outlined three conceptual plans that take off from the earlier draft conceptual plans that we had looked at. These plans have considerably more thought and effort put into them, they are still concept plans, they are not final drawings and they don't include all the air- conditioning and all of that yet. They were designed on the concept of the front of the building being Southold Town Board Meeting 32 March 15, 2005 largely public area, for the public to come in, with the lobby and where the public can drop off animals and also, not drop ofl} but leave animals and also can adopt animals. They middle of the building would be more of the office space for the staff and the other end of the building would be the kennels for the animals. We had three separate conceptual plans to review, we did that; now Design Learned and their architects are going to take a final look at it and come back with one plan that the Town Board will look at and review and hopefully with maybe some modifications accept as the design to go forward with. I am very pleased with it, they are a very thorough organization and their architects have also done a very good job. MR. GEISS: Good. Glad to hear it. Thank you. SUPERVISOR HORTON: Thank you, Mr. Geiss. Are there other comments, questions, remarks from the floor? (No response) Thank you for a good meeting. Thank you, again, for attending, Mrs. Egan. And thank you for your concern about my health. Actually, prior to dispersing, I had a thought if we could, before we depart this meeting. In listening to Councilman Ross's presentation, I think it would be helpful if something could be in the newspapers to get some information to the public about this, so I would like to make a motion to authorize the Town Clerk to advertise in the Traveler-Watchman and the Suffolk Times in an effort to provide information on the Southold Town Community Clean-up Program. No Number Moved by Supervisor Horton, seconded by Councilman Ross, it was RESOLVED that the Town Clerk be authorized to advertise information about the Southold Town Community Clean-up Program in the Traveler-Watchman and the Suffolk Times newspapers. 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 this meeting of the Southold Town Board be and hereby is declared recessed at 5:30 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. Elizabeth A. Neville Southold Town Clerk