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HomeMy WebLinkAboutAG-08/02/2005ELIZABETH NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER AGENDA SOUTHOLD TOWN BOARD August 2, 2005 7:30 PM Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765-1800 southoldtown.northfork.net Councilman William P. Edwards [] [] [] Councilman Daniel C. Ross [] [] [] Councilman John M. Romanelli [] [] [] Justice Louisa P. Evans [] [] [] Supervisor Joshua Y. Horton [] [] [] Town Clerk Elizabeth A. Neville [] [] [] Town Attorney Patricia A. Finnegan [] [] [] POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. Call to Order. Pledge of Allegiance. Approval of the Audit of Bills of August 2, 2005. Fishers Island Town Board Meeting: Wednesday, August 10, 2005 at 1:30 p.m. Next Regular Town Board Meeting: Tuesday, August 16, 2005 at 4:30 pm. T. REPORTS Subject 1. Recreation Department Monthly Report 2. Juvenile Aid Bureau 3. Island Group Claim Lag Report Details June 2005 June 2005 July 2004-June 2005 TT. PUBLIC NOTICES None TTT. COMMUNICATIONS None Southold Town Meeting Agenda - August 2, 2005 Page 2 IV. FOR DISCUSSION Subject Details 1. Proposed Local Law Amendment Historic Preservation of Historic Landmarks Landmarks 2. Goldsmith Inlet Modeling Project 3. Proposed Local Law Hamlet Density 4. Planning Matters 5. Acceptance of R.O.W./Roads From Suffolk County 9:30 am - Jamie Richter, Engineer and NYSDOS Uses within the Hamlet Density Residential District Misc Planning Matters per Councilman Wickham per Dan Ross 6. Proposed Local Law Boats & Recreational Storage and Parking of Boats & Recreational Vehicles Vehicles V. RESOLUTIONS Special Note: At the start of the Town Board Meeting the Supervisor will invite the public to speak on the following resolutions. 2005-466 CA TEGORY: DEPARTMENT: Employment Accounting Appoint Mike Conroy and Karla Heath As Part Time Seasonal Employees for the Operation of the Fishers Island Movie Theatre for the Summer Season RESOLVED that the Town Board of the Town of Southold hereby appoints the following persons as part time seasonal employees for the operation of the Fishers Island movie theatre for the summer season starting on June 29~ 2005 and ending on September 1, 2005. Mike Conroy Karla Heath Recreational Aide Clerk $125.00 per movie $180.00 per week [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Wit hch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] Southold Town Meeting Agenda - August 2, 2005 Page 3 2005-467 CA TEGORY: DEPARTMENT: Seqra Town Attorney Determine that the Adoption of the Local Law Entitled "A Local Law In Relation to the Architectural Review Committee" is a Type II Action and Not Subject to Review Under SEQRA Rules and Regulations RESOLVED that the Town Board of the Town of Southold hereby finds that the adoption of the local law entitled "A Local Law in Relation to the Architectural Review Committee" is classified as a Type II Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Withch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-468 CA TEGORY: Sanitary Flow Credits DEPARTMENT: Land Preservation Place 21.4 (Twenty-One and Four Tenths) Sanitary Flow Credits Into the Town TDR Bank From the Purchase of the Property Owned by NOFO Associates (A/K/A McFeely) WHEREAS, on July 20, 2005, the Town of Southold purchased Fee Title to the parcel known as NOFO Associates or the successors thereto (a/k/a McFeely); and WHEREAS, said property is identified as SCTM#1000-125-1-14 and 5145 Route 25, Mattituck, New York; and WHEREAS, said property is 30.785 acres, as per a survey prepared by Joseph A. Ingegno, Land Surveyor, dated June 26, 20022 and Southold Town Meeting Agenda - August 2, 2005 Page 4 WHEREAS, said properly is located within the Low-Densily Residential R-80 Zoning District; and WHEREAS, said properly is located within the Mattituck-Cutchogue School District; and WHEREAS, the deed recorded as part of the purchase prohibits the use of the properly for any residential, commercial or industrial uses and prohibits the use of the properly for anything other than open space, except for future use for open space stewardship and interpretive center/quarters; and WHEREAS, as per Section 87-5 (Determination of Sanitary Flow Credit to be Deposited in the TDR Bank) of the Town Code, the Land Preservation Coordinator provided the Town Board with a calculation of the sanitary flow credits available for transfer from the above-mentioned parcel prior to the Town Board public hearing on the purchase; and WHEREAS, the Land Preservation Coordinator provided the Town Board with a final calculation of the sanitary flow credits available for transfer from the above-mentioned parcel following the closing on the parcel; and WHEREAS, 22.4 sanitary flow credits are available from the parcel. However, 1 sanitary flow credit will be retained on the properly for the stewardship and interpretive center/quarters. Therefore, 21.4 (twenly-one and four tenths) Sanitary Flow Credits are available to be placed into the Town TDR Bank as a result of this purchase; be it therefore RESOLVED that the Town Board of the Town of Southold hereby places 21.4 (twenty-one and four tenths) sanitary flow credits into the Town TDR Bank from the Town's fee title purchase of the property owned by NOFO Associates or the successors thereto (a/k/a McFeelv); and, be it Southold Town Meeting Agenda - August 2, 2005 Page 5 FURTHER RESOLVED that the Town Clerk shall enter this transfer of 21.4 (twenty-one and four tenths) sanitary flow credits into the Sanitary Flow Credit Log; and, be it FURTHER RESOLVED that the Town Clerk shall forward this resolution to the Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database and GIS system. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Roma~elli [] [] [] [] [] Withch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-469 CA TEGORY: DEPARTMENT: Employment Accounting Appoint Thomas J. Evanko to the Position of Deckhand for the Fishers Island Ferry District RESOLVED that the Town Board of the Town of Southold hereby appoints Thomas J. Evanko to the position of deckhand for the Fishers Island Ferry District at a salary of $10.00/hour, effective July 7, 2005. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Roma~elli [] [] [] [] [] Wit hch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-470 CA TEGORY: DEPARTMENT: LWRP Town Attorney Determine that the Proposed Animal Shelter Reconstruction is Consistent with the Town's LWRP Southold Town Meeting Agenda - August 2, 2005 Page 6 WHEREAS the Town Board of the Town of Southold has proposed the reconstruction of the Town of Southold Animal Shelter, and WHEREAS the Town Board of the Town of Southold adopted a negative declaration under the SEQRA rules and regulations relating to the proposed Animal Shelter reconstruction, and WHEREAS the Town Board is in receipt of the Town of Southold Local Waterfront Revitalization Program (LWRP) Consistency Coordinator's recommendation that the proposed Animal Shelter reconstruction is consistent with the Ton of Southold LWRP, now therefor be it RESOLVED by the Town Board of the Town of Southold that the proposed Anhnal Shelter reconstruction is consistent with the Town's LWRP and the policy ~oals stated therein. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Withch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-471 CA TEGORY: Bond DEPARTMENT: Town Attorney Approve a Bond Resolution Appropriating $2,600,000 for the Construction of a New Town Animal Shelter and Authorizing the Issuance of Serial Bonds to Finance Said Appropriation BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JULY 26, 2005, AUTHORIZING THE CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN SAID TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $2,600,000, APPROPRIATiNG SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $2,600,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION Southold Town Meeting Agenda - August 2, 2005 Page 7 THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to construct a new Town animal shelter on the site of the existing animal shelter located at 269 Peconic Lane, in the Town, including demolition of the existing animal shelter, purchase of the original furnishings, equipment, machinery and apparatus required for the purpose for which said new shelter is to be used and grading and improving the site. The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and to the financing thereof, is $2,600,000 and the said amount is hereby appropriated therefor. The plan of financing includes the issuance of not to exceed $2,600,000 serial bonds of the Town to finance said appropriation and the levy and collection of taxes upon all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Serial bonds of the Town in the principal amount of not to exceed $2,600,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance said appropriation. The following additional matters are hereby determined and declared: (a) Said new shelter will be of Class "B" construction as defined by Section 11.00 a. 11 .(b) of the Law and the period of probable usefulness applicable thereto for which said bonds are authorized to be issued, within the limitations of said Section 11.00 a. 1 l(b) of the Law, is fifteen (15) years. (b) The proceeds of the bonds herein authorized, and any bond anticipation notes issued in anticipation of said bonds, may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The Town Board of the Town, acting in the role of Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act, constituting Article Southold Town Meeting Agenda - August 2, 2005 Page 8 8 of the Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617 ("SEQRA") has heretofore determined that the project described herein is an Unlisted Action pursuant to SEQRA. The Town Board has reviewed a Full Environmental Assessment Form and has determined that the project will not result in any significant adverse environmental impact and a negative declaration has been adopted. (d) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Each of the bonds authorized by this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds, and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds, and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. 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 bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or Southold Town Meeting Agenda - August 2, 2005 Page 9 the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) constitution. such obligations are authorized in violation of the provisions of the This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to cause to be published, in full, in the "THE TRAVELER WATCHMAN," a newspaper published in Southold, New York and hereby designated the official newspaper for such publication and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form: TOWN OF SOUTHOLD, NEW YORK PLEASE TAKE NOTICE that on August 2, 2005, the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted a bond resolution entitled: "BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 2, 2005, AUTHORIZING THE CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN SAID TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $2,600,000, APPROPRIATiNG SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $2,600,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION" an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING the Town of Southold ("Town") to construct a new Town animal shelter on the site of the existing animal shelter located at 269 Peconic Lane, in Town, including demolition of the existing shelter, purchase of the original furnishings equipment, machinery and apparatus required and grading and improving the site; STATING the estimated maximum cost thereof, including preliminary costs, and costs incidental thereto and the financing thereof, is $2,600,000; APPROPRIATING said amount therefor; and STATING Southold Town Meeting Agenda - August 2, 2005 Page 10 the plan of financing includes the expenditure of not to exceed $2,600,000 serial bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable; SECOND: AUTHORIZING the issuance of not to exceed $2,600,000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York (the "Law") to finance said appropriation; THIRD: DETERMINING and STATING the period of probable usefulness applicable to said shelter, the purpose for which said serial bonds are authorized to be issued, is fifteen (15) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purpose for which said bonds are authorized; the Town Board of the Town has heretofore determined that the project is an Unlisted action pursuant to SEQRA; and the proposed maturity of said $2,600,000 serial bonds will exceed five (5) years; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: August 2, 2005 Elizabeth A. Neville Town Clerk Section 8. The Town Clerk is hereby authorized and directed to cause said bond resolution to be published, in summary, in substantially the form set forth in Exhibit "A" attached hereto and made a part hereof, after said bond resolution shall take effect, in the Southold Town Meeting Agenda - August 2, 2005 Page 11 newspaper referred to in Section 7 hereof, and hereby designated the official newspaper for said publication, together with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York. EXHIBIT "A" BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 2, 2005, AUTHORIZING THE CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN SAID TOWN, STATING THE ESTIMATED MAX~ COST THEREOF IS $2,600,000, APPROPRIATiNG SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $2,600,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. Object or purpose: to construct a new Town animal shelter on the site of the existing animal shelter located at 269 Peconic Lane, in the Town of Southold, including demolition of the existing shelter, purchase of the original furnishings equipment, machinery and apparatus required and grading and improving the site Amount of obligations to be issued: $2,600,000 Period of probable usefulness: fifteen (15) years A complete copy of the bond resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, at the Town Hall, 53095 Main Street, Southold, New York. Dated: August 2, 2005 Southold, New York [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Wit hob-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] Southold Town Meeting Agenda - August 2, 2005 Page 12 2005-472 CA TEGORY: DEPARTMENT: Employment Accounting Amend Resolution #457, Adopted At the July 19, 2005 Regular Town Board Meeting to Reflect a Corrected Salary RESOLVED that the Town Board of the Town of Southold hereby amends resolution #457, adopted at the ,lulv 19, 2005 regular Town Board meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby releases Michael DeVito from the position of temporary Cook at the Nutrition Center and be it further RESOLVED that the Town Board hereby appoints Michael J. DeVito to the position of full time cook at the Southold Town Human Resource Center, effective July 20, 2005, at a salary of $28,756.89 per annum. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Roma~elli [] [] [] [] [] Withch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-473 CA TEGORY: DEPARTMENT: Equipment Data Processing Authorize and Direct the Town Clerk to Advertise for New Computer Servers for Town Hall RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for new computer servers for Town Hall. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Wit hob-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] Southold Town Meeting Agenda - August 2, 2005 Page 13 2005-474 CA TEGORY: DEPARTMENT: Employment Police Dept Accept the Letter of Resignation From Public Safety Dispatcher Karen F. Harney, Effective August 9, 2005 RESOLVED that the Town Board of the Town of Southold hereby accepts the letter of resignation from Public Safety Dispatcher Karen F. Harney, effective Tuesday, August 9, 2005. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Withch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-475 CA TEGORY: DEPARTMENT: Employment Police Dept Authorize and Direct the Town Clerk to Advertise for a School Crossing Guards In Mattituck and Cutchogue RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for a School Crossing Guards at the Mattituck High School, Pike and Wickham crossing and for the East Cutchogue School crossing. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Wit hch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] Southold Town Meeting Agenda - August 2, 2005 Page 14 2005-476 CA TEGORY: DEPARTMENT: Employment Town Clerk Appoint Colin Volinski to the Position of Student Intem I In the Southold Town Clerk Records Management Office RESOLVED that the Town Board of the Town of Southold hereby appoints Colin Volinski to the position of Student Intern I in the Southold Town Clerk Records Management office, at a rate of $10.54 per hour, effective August 3, 2005 [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Roma~elli [] [] [] [] [] Withch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-477 CA TEGORY: DEPARTMENT: Attend Seminar Town Clerk Authorize Town Clerk Elizabeth Neville and Deputy Town Clerk Linda Cooper to Attend the New York State Archives "Micrographics As a Records Management Tool" Workshop on August 3, 2005 At Hauppauge, New York RESOLVED that the Town Board of the Town of Southold hereby authorizes Town Clerk Elizabeth Neville and Deputy Town Clerk Linda Cooper to attend the New York State Archives "Micrographics as a Records Management Tool" workshop on August 3~ 2005 at Hauppauge~ New York and necessary expenses for travel be a legal charge to the Town Clerk 2005 budget. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Roma~elli [] [] [] [] [] Withch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] Southold Town Meeting Agenda - August 2, 2005 Page 15 2005-478 CA TEGORY: DEPARTMENT: Budget Modification Solid Waste Management District Authorizes Modification to the Solid Waste Management District 2005 Budget RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 Solid Waste District budget~ as follows: To: Appropriations SR.8160.4.100.400 SR.8160.4.100.550 SR.8160.4.100.580 SR 8160.4.100.596 SR.8160.4.100.610 SR.8160.4.100.650 SR.8160.4.100.800 SR.8160.4.400.820 SR.8160.4.600.500 Welding Supplies Maint/Supply Komatsu Payloader Maint/Supply Ford Tractor Maint/Supply CBI Grinder Maint/Supply Forklift Town Garbage Bags Maint/Facilifies & Grounds Plastic Recycling Freight/Express Mail From: Appropriations SR.8160.4.100.607 Encapsulator Maintenance $ SR.8160.4.100.660 Paper Leaf Bags $ SR.8160.4.500.150 Groundwater Monitoring $ $ 100.00 $ 1,400.00 $ 500.00 $ 2,300.00 $ 1,000.00 $ 6,000.00 $ 1,000.00 $ 2,000.00 $ 100.00 1,400.00 6,000.00 7,000.00 [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Withch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] Southold Town Meeting Agenda - August 2, 2005 Page 16 2005-479 CA TEGORY: DEPARTMENT: Bid Acceptance Town Attorney Rescind Resolution No. 446 & 447 of 2005 Adopted At TheTown Board Regular Meeting Dated July 19, 2005 RESOLVED that the Town Board of the Town of Southold hereby rescinds Resolution No. 446 & 447 o1'2005 adopted at their regular meeting dated July 19, 2005. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as )anended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Roma~elli [] [] [] [] [] Withch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-480 CA TEGORY: DEPARTMENT: Bid Acceptance Town Attorney Accept the Bid of JB's Asphalt Sealcoating Inc. In the Amount of $28,000, for the Reconstruction and Resurfacing of Two Tennis Courts on Fishers Island RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of JB's Asphalt Sealcoating Inc. in the amount of $28,000, for the reconstruction and resurfacing of two tennis courts Fishers Island, as per the plans and specifications prepared by James Richter, R.A., Southold Town Engineering Department, subject to the approval of the Town Attomey. on [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as )anended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Withch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] Southold Town Meeting Agenda - August 2, 2005 Page 17 2005-481 CA TEGORY: Bid Acceptance DEPARTMENT: Town Attorney Authorize and Direct Supervisor Joshua Y. Horton to Execute an Agreement Between the Town of Southold and JB's Asphalt Sealcoating Inc. for the Reconstruction and Resurfacing of Two Tennis Courts on Fishers Island RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute an Agreement between the Town of Southold and JB's Asphalt Sealcoating Inc. in the amount of $28,000, for the reconstruction and resurfacing of two tennis courts on Fishers Island, as per the plans and specifications prepared by James Richter, R.A., Southold Town Engineering Department, subject to the approval of the Town Attomey. Yes/Aye No/Nay Abstain Absent [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Romsa~elli [] [] [] [] [] Wit hob-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-482 CA TEGORY: Grants DEPARTMENT: Town Clerk Authorize and Direct Supervisor Joshua Y. Horton to Execute a Grant Acceptance Form to the State Education Department New York State Archives for a 2005-06 Local Government Records Management Improvement Fund Grant RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute a grant acceptance form to the State Education Department New York State Archives for a 2005-06 Local Government Records Management Improvement Fund Grant in the amount of $48,347.00 awarded to Town Clerk/RMO Elizabeth Neville for a Microfilming Project. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Romsa~elli [] [] [] [] [] Wit hob-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] Southold Town Meeting Agenda - August 2, 2005 Page 18 2005-483 CA TEGORY: DEPARTMENT: Employment Accounting Authorize and Direct Town Clerk Elizabeth Neville to Advertise for a Temporary Clerk-Typist In the Justice Court Office. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for a temporary clerk-typist in the Justice Court Office. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as )anended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Wit hob-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-484 CA TEGORY: Budget Modification DEPARTMENT: Police Dept Authorize Modification to the 2005 General Fund, Whole Town Budget RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General Fund, Whole Town budget, as follows: TO: A. 3130.4.400.800 Bay Constable, C.E. Fishers Island Dockage $3600.00 FROM: A. 3130.1.300.100 Seasonal Employees $3600.00 Regular Eamings ~ ~ote Recor~ Re~i~tt~fi ~g~ ~ Tabled Jotm M. Rom~e~ ~ ~ With&-a~ Lo,flsa P. Evm~s ~ Southold Town Meeting Agenda - August 2, 2005 Page 19 2005-485 CA TEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorize and Direct Supervisor Joshua Y. Horton to Execute a First Supplemental Agreement to the Original Agreement Dated August 19, 2003, Between the State of Connecticut, Town of Southold, and the Fishers Island Ferry District, RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute a First Supplemental Agreement to the original Agreement dated August 19, 2003, between the State of Connecticut, Town of Southold, and the Fishers Island Ferry District, for the construction, inspection and maintenance required in conjunction with the New London Ferry Terminal expansion for the Fishers Island Ferry District utilizing Federal funds from the Ferry Boat Discretionary Program, subject to the approval of the Town Attorney. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Withch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-486 CA TEGORY: DEPARTMENT: Employment Planning Board Advertise for Town Planning Director RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Planning Board to advertise for the position of Town Planning Director in the Southold Town Planning Department on the American Planning Association's Job Mart website. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Withch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] Southold Town Meeting Agenda - August 2, 2005 Page 20 2005-487 CA TEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney Set 5:00 P.M., August 16, 2005, Southold Town Hall, As the Time and Place for a Public Hearing on "A Local Law In Relation to Amendments to the Preservation of Historic Landmarks Law" YVHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 2nd day of August, 2005 a Local Law entitled "A Local Law in relation to Amendments to the Preservation of Historic Landmarks Law"; now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on August 16, 2005 at 5:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to the Preservation of Historic Landmarks Law" reads as follows: LOCAL LAW NO. 2005 A Local Law in relation to Amendments to the Preservation of Historic Landmarks Law. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. In order to provide for greater community representation on the Historic Preservation Commission, and to foster the development of appropriate committees and the division of labor, it is necessary to empower the Town Board of the Town of Southold to enlarge the membership of the Commission from five (5) to seven (7) members. II. Code Amendment. § 56-4. Powers and Duties of the Historic Preservation Commission. Southold Town Meeting Agenda - August 2, 2005 Page 21 A. There is hereby created a commission to be known as the Town of Southold Historic Preservation Commission. The Historic Preservation Commission shall consist of no fewer than five (5) members and no ~reater than seven (7) members, to be appointed by the Town Board, to the extent available in the community, as follows: buildings; At least one member shall be an architect experienced in working with historic 2. At least one member shall have demonstrated significant interest in and commitment to the field of historic preservation; and 3. All members shall have a known interest in historic preservation and architectural development within the Town of Southold. II. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. Effective Date. This Local Law shall be effective immediately upon its filing in the Office of the Secretary of State. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Withch-awn Lo,flsa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-488 CA TEGORY: Employment DEPARTMENT: Accounting Authorize and Direct Town Clerk Elizabeth Neville to Advertise for a Part-Time Clerk-Typist In the Trustees Office Southold Town Meeting Agenda - August 2, 2005 Page 22 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for a part-time clerk-typist in the Trustees Office, not to exceed 17 V2 hours per week. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as Amended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Roma~elli [] [] [] [] [] Wit hob-awn Lo~tisa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] 2005-489 CA TEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney Enact "A Local Law In Relation to the Architectural Review Committee". YVItEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York on the 12th day of July, 2005, a Local Law entitled "A Local Law in Relation to the Architectural Review Committee", and YVItEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: LOCAL LAW NO. - 2005 A Local Law entitled, "A Local Law in Relation to the Architectural Review Committee . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose- The purpose of this Local Law is to require that all residential site plan applications be referred to the Architectural Review Committee for their recommendations. Further, this Local Law will eliminate the requirement that members of the committee be appointed from each hamlet, and require that members be appointed from the Town of Southold at large. This Local Law creates the position of Fishers Island liaison to the committee, to assist with Fishers Island matters. These changes in the composition of the committee are intended to enable the committee to function more effectively. Southold Town Meeting Agenda - August 2, 2005 Page 23 II. Code Amendment § 100-258. Architectural Review Committee. A. The Architectural Review Committee shall consist of,qve nine members appointed by the Town Board to serve at the pleasure of the Board without compensation. If pessiNe, the members ef the F~:~.~.~ ,A,,11 K ..... :~*~1 C~ *K~ C~11~.~,: .... * .... :~"' Two members of the committee shall be architects or landscape architects, one member shall be from the Lanz~mark Historic Prese~ation Commission, and the remaining members shall be appointed from the Town at large. In addition, there shall be a Fishers Island resident appointed as a liaison to the committee to assist with Fishers Island applications, anc~ !9 members shall ~: aFFc/ntec~ from the karo!ets cf the Town. The karo!et members ~ !995~yLL xT~ ,n lnnq~ B. Th~ t~ of o~o~ of th~ Mohit~ot and Lazdmark Historio Prostration Commission m~mb~rs of th~ Committ~ shall b~ t~ y~ars, provided that thos~ m~mb~rs first appointed shall b~ appointed for on~-, two- and t~-y~ar t~rms, r~sp~otiwly. Th~ ~am!:~ at larg~ m~mb~rs shall b~ appointed for two- y~ar t~rms, with th~ first appointments to b~ appointed for a on~- and two-y~ar t~, r~sp~otiwly. § 100-257. Architectural review standards. Site plans, including Residential Site Plans, shall be reviewed for conformance with the following criteria: § 100-259.1. Standards for residential site plans. B. SEQRA Review. The Planning Board shall comply with the provisions of the New York State Environmental Quality Review Act (SEQRAL Article 8 of the Environmental Conservation Law, 6 NYCRR Part 617. C. Within ten (1% days after completion of the SEQRA review, the Plannina Board shall forward the application to the Architectural Review Committee for review. The Architectural Review Committee shall make a written recommendation to the Plannina Board on the site plan within ten (1% business days of receipt of the referral. If the Committee fails to make a recommendation within this time period, the project shall proceed to the Plannin~ Board for consideration without Committee view. B=D. Preliminary hearing requirement. Prior to and in addition to the public hearing required by § 100- 254H, the Planning Board shall hold a separate preliminary hearing on the application with notice provided pursuant to Chapter 58. G.E. Affordable housing requirement. Every new residential site plan involving the creation of five or more dwelling units shall comply with the requirements of § Al06-11B(2)(c) of the Code of the Town of Southold, Subdivision of Land, pertaining to the provision of affordable housing. The requirements applicable to lots within subdivision in that subsection shall apply equally to dwelling units in affected residential site plans. D.F. Park and recreation requirement. The provisions of § A106-60 of the Code of the Town of Southold, Subdivision of Land, pertaining to the reservation of parkland in subdivisions, shall apply Southold Town Meeting Agenda - August 2, 2005 Page 24 equally to residential site plans approved under this chapter, except the fee per lot therein shall herein be applicable to each dwelling unit. E~G~ Performance bond requirement. The provisions of Article LX, Bonds and Other Security, and Article X, Required Public Improvements; Inspections; Fees, of Chapter Al06, Subdivision of Land, of the Code of the Town of Southold, shall apply equally to residential site plans approved under this chapter. Pursuant to Municipal Home Rule Law § 10, § 100-259. lB, C and D herein supersede and amend New York State Town Law § 274-a regarding site plan review to the extent that the Planning Board is empowered to impose affordable housing, park and recreation and performance bond requirements in the residential site plan review process. tr. H~ Phased development. The Planning Board shall permit the phased development of residential properties that meet all other applicable standards, but shall condition the approval of the development of any permitted phase upon the maintenance of the undeveloped phases in their undeveloped condition, and shall prohibit all clearing and site preparation on such undeveloped phases until such time as development is permitted. G.I~ Planning Board authority to vary requirements for setbacks, building length and separation and courts. III. Severability. If any section or subsection, paragraph, clause, phrase or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. IV. This Local Law shall take effect immediately upon filing with the Secretary of State. [] Adopted William P. Edwm'ds [] [] [] [] [] Adopted as )anended Daniel C. Ross [] [] [] [] [] Defeated Thomas H. Wickham [] [] [] [] [] Tabled Jotm M. Rom~elli [] [] [] [] [] Wit hob-awn Lo~tisa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] VI. PUBLIC HEARINGS Public Hearing # 1 8:00 p.m. "A LOCAL LAW IN RELATION TO THE ARCHITECTURAL REVIEW COMMIITEE" William P. Edwards [] [] [] [] Daniel C. Ross [] [] [] [] [] Adjo~tmed Thomas H. Wickham [] [] [] [] [] Closed Jotm M. Romanelh [] [] [] [] Lo~tisa P. Evm~s [] [] [] [] Joshua Y. Horton [] [] [] [] Southold Town Meeting Agenda - August 2, 2005 Page 25 TOWN BOARD APPOINTMENTS Sub. ject Details 9:30 A.M. - Jamie Richter, Barry Pendergrass, Bill re: IV2 Goldsmith Inlet Modeling Project Grosskopf, George Hammarth, and Nick Kraus EXECUTIVE SESSION