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HomeMy WebLinkAboutTB-03/01/2005SOUTHOLD TOWN BOARD REGULAR MEETING March 1, 2005 4:30 P.M. A Regular Meeting of the Southold Town Board was held Tuesday, March 1, 2005 at the Southold Town Hall, Southold, New York. Councilman Wickham opened the meeting with the Pledge of Allegiance to the Flag. Present: Councilman Thomas H. Wickham Justice Louisa P. Evans Councilman John M. Romanelli Councilman Daniel C. Ross Councilman William P. Edwards Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Finnegan Absent: Supervisor Joshua Y. Horton COUNCILMAN WICKHAM: May I hear an approval for the audit of bills? Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the following town bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $123,465.28; General Fund Part Town bills in the amount of $5,244.09; Community Development Fund bills in the amount of $9,381.00; Highway Fund Part Town bills in the amount of $37,306.30; Capital Projects Account bills in the amount of $37.14; Community Preservation Fund bills in the amount of $15,323.90; New London Terminal Project bills in the amount of $3,018,093.50; Transfer Station Expansion bills in the amount of $18,493.23; Fishers Island Ferry District bills in the amount of $95,340.75; Southold Wastewater District bills in the amount of $1,616.91; Southold Agency & Trust bills in the amount of $135.98 and Fishers Island Ferry District Agency & Trust bills in the amount of $59.82. March 1, 2005 2 Southold Town Board Meeting Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans. This resolution was duly ADOPTED. Councilman Ross, Councilman Wickham, Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the next Regular Meeting of the Southold Town Board be held Tuesday, March 15, 2005 at the Southold Town Hall, Southold, New York at 4:30 P.M. JUSTICE EVANS: People should take note that it is 4:30 P.M. and not 7:30 P.M. COUNCILMAN WICKHAM: Two successive meetings at 4:30 P.M. JUSTICE EVANS: It will be three. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans. This resolution was duly ADOPTED. I. REPORTS 1. Recreation Department 2004 Receipts and Disbursements 2. Board of Town Trustees January 2005 3. North Fork Animal Welfare League Financial Statement Year ended 12/31/04 II. PUBLIC NOTICES None III. COMMUNICATIONS None COUNCILMAN WICKHAM: The agenda shows that there was a special presentation this afternoon; that presentation has also been removed from the agenda. It will not occur this afternoon. On the agenda there is a series of reports, public notices, communications. We had some discussions today during the work session, this morning and we will refer to them later on this afternoon and the next section of the agenda are the resolutions that we will be taking up this afternoon. Would anyone in the audience like to address the Board on any of these resolutions before us today? Yes. Yes, Mrs. Egan. JOAN EGAN: Good afternoon, my friends here. Mr. Romanelli, Mr. Edwards, Mr. Ross, Mr. Wickham, Judge Evans, Mrs. Neville and Mrs. Finnegan. I have a lot of things to ask about and I hope that you all read my letter, I think it was the last week's Suffolk Times. And I will be writing another letter and I hope it will be titled 'The laugh-in and the rude-in' at Town Hall. And I hope that I don't see any display of that, with anything that I say or any looks. You are all grown-up, you have gotten through kindergarten, first grade and hopefully high school and maybe a little bit more. And say a prayer for your supervisor. That is what you do when someone isn't well, you don't pull them down. Now, item number 33. COUNCILMAN WICKHAM: Do you mean number 93? MS. EGAN: Correct. What are we going to provide for them? March 1, 2005 3 Southold Town Board Meeting COUNCILMAN WICKHAM: The Recreation program has a series of people who give courses. We are adding the Fox Run Farm to that list. MS. EGAN: And what will they do? COUNCILMAN ROMANELLI: Horseback riding. MS. EGAN: Excuse me? COUNCILMAN ROMANELLI: Horseback riding. We teach horseback riding. MS. EGAN: We are going to be giving horseback riding lessons? COUNCILMAn ROMAnELLI: It is part of the town recreational program. MS. EGAN: At whose expense? COUNCILMAN ROMANELLI: Each person who signs up, pays a fee. MS. EGAN: Good. Now, on 94, that is the dump. All of this equipment up there has quite, quite a bit of, I want to use the word experience and that is wrong, uh, use. And I certainly hope that they take care of what they have. There are any number of lawsuits in regard to the dump. Now, 95, highway equipment. Again, big expenses there, big lawsuits there and our insurance rates will go up. They do have to pay out this insurance money, they do have to hire lawyers to defend the Highway Department and when they lose a case, the insurance rates go up at the taxpayers expense. Now, number 98, accept the bid of Stevens for two light duty dump trucks. Now, who is Stevens? COUNCILMAN WICKHAM: Stevens is a firm who bid and was the lowest responsible bidder. MS. EGAN: And where are they located? COUNCILMAN WICKHAM: I believe they are in the Patchogue area. MS. EGAN: Yeah, up island. Can't get anything out here. COUNCILMAN WICKHAM: A local firm also bid. MS. EGAN: Only one? COUNCILMAN WICKHAM: I believe that is right. MS. EGAN: That would be Lucas and Mullen and .... COUNCILMAN WICKHAM: Excuse me? MS. EGAN: Pardon? March 1, 2005 4 Southold Town Board Meeting COUNCILMAN WICKHAM: I didn't hear what you said. MS. EGAN: Well, there should have been two. Two local, Lucas and Mullen. COUNCILMAN WICKHAM: I saw one. But there may have been more than one but that is what I saw in the papers. MS. EGAN: But you chose that one? COUNCILMAN WICKHAM: Mmmhmm. MS. EGAN: Now these, this computer equipment. The disposal of it. I should think that that could be donated to the school. COUNCILMAN WICKHAM: John? COUNCILMAN ROMANELLI: This is really, truly old, out-dated equipment. It is not Windows based. MS. EGAN: The school wouldn't even want it? COUNCILMAN ROMANELLI: Right. They don't even teach this kind of stuff in the schools anymore. It is truly old and out-dated. COUNCILMAN EDWARDS: These are not pc's. MS. EGAN: Well, it might be a nice thing to offer them, even if it is out-dated. Maybe some younger students could make use of it. Oh, 100. Who are we fingerprinting? You all should be, I am sure you all have been fingerprinted up there. COUNCILMAN WICKHAM: I believe this is additional equipment for the police department. MS. EGAN: Additional equipment? What is happened to the fingerprinting that they have? COUNCILMAN ROMANELLI: This was for a New York State grant for live, so they can do fingerprint scanning equipment at the Police Department. You know, instead of the old ink and, the old way of fingerprinting the prisoner. They now have a, the State has a grant that you can scan the fingerprint, it goes right into the computer system and then it goes state-wide, to the State computer system. MS. EGAN: And you can pick up a criminal probably more... COUNCILMAN ROMANELLI: Right. MS. EGAN: ...probably more quickly. That is a good one. Good. Now, number 105, isn't that covered by the public hearing at 5? March 1, 2005 Southold Town Board Meeting COUNCILMAN WICKHAM: Yes. MS. EGAN: Now, I notice on the front of your page here, that you don't have anything like you usually do about police reports. And I left something at Mrs. Neville's, a FOIL there, which is now in the Justice Department, those reports, from the police station that are computerized by the Justice Court are here. You receive them. Mr. Horton does or somebody up here does. And as you said at the last meeting and Mr. Horton agreed with me, the least important thing on those reports is the amount of money you receive. It is what is happening to our town. Judge Evans knows it, I try to get here as many Friday morning's as I can. No scanner, no nothing. You are waiting and waiting for a big incident. So I will speak about that after the meeting and I would like some answers. Bye. COUNCILMAN WICKHAM: Thank you, Mrs. Egan. Are there other people that would like to address the Board on resolutions that are before us this afternoon? If not, John? #93 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby amends resolution V59~ adopted at the February 15~ 2005 regular Town Board meeting as follows: RESOLVED that the Town Board of the Town of Southold hereby 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. Gage Beck-Witt (drawing class) .................................................... $20/hour Sara Bloom (memoir writing) ........................................................... $20/hour Thomas Boucher (guitar) ................................................................. $30/hour Eugenia Cherouski (folk dancing) ................................................... $25/hour Custer Institute (stargazing) ............................................................... $45/person Custer Institute (youth stargazing) .................................................... $30/person Shirley Darling (tennis) ................................................................... $30/class Martha Eagle (Aerobics) .................................................................. $30/hour East End Insurance Services (Defensive Driving) ............................ $30/person Mike Furst (beginner computer) ....................................................... $25/hour Dan Gebbia (dog obedience) .......................................................... $55/dog Carol Giordano (Baton) ................................................................... $25/class Mary Hewitt (creative scrapbooking) .............................................. $22/hour Hidden Lake Farms (Horseback Riding) ......................................... $230/person Fox Run Farms (Horseback Riding Camp) ........................... $150/person Riverside Gymnastics (youth gymnastics) ..................................... $60/person Rosemary Martilotta (hatha yoga) ............................................ $55/class Jim Mikelbank (youth basketball) ............................................. $25/hour Laurie Short (aerobics classes) ......................................................... $25/hour Steve Smith (weight training) ............................................................ $25/hour Touch Dancing Studios (ballroom) ..................................................... $48/person US Coast Guard Auxiliary Flotilla 18-8 (GPS) .............................. $25/person March 1, 2005 6 Southold Town Board Meeting Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans. This resolution was duly ADOPTED. Councilman Ross, Councilman Wickham, #94 Moved by Councilman Edwards, 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.8160.4.100.550 Maint Komatsu Payloader $ 3,000.00 From: Appropriations SR.8160.4.100.570 Maint John Deere 644 Payloader $ 2,000.00 SR.8160.4.100.600 Miscellaneous Equip. Maint. $ 1,000.00 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans. This resolution was duly ADOPTED. #95 Moved by Councilman Ross, seconded by Justice Evans, WHEREAS, a bill has been introduced in the State Legislature as S. 189 and A. 124 and WHEREAS, the bill seeks to increase the limitation on amount to be raised by taxes for the purpose of certain highway equipment to three hundred thousand dollars ($300,000.) in the Town of Southold, County of Suffolk; now, therefore, be it RESOLVED, that pursuant to Article IX of the Constitution, the Town Board of the Town of Southold hereby requests the enactment of Senate Bill No. 189 and Assembly Bill No. A.124 entitled "AN ACT to amend the highway law, in relation to the limitations on amounts to be raised by taxes for the purchase of certain highway equipment". Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans. This resolution was duly ADOPTED. #96 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2005 General ~Vhole Town Budget as follows: From: H3.1620.4.100.100 To: H3.8710.2.400.200 Contractual Expense - Supplies & Materials Vote of the Town Board: Councilman Romanelli, Justice Evans. $75,000 Contracted Services Land Stewardship/Management $75,000 Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, March 1, 2005 Southold Town Board Meeting This resolution was duly ADOPTED. 7 #97 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute all necessar~ docmnents in connection with the Town of Southold f'mal application FY2004 to the US Department of Transportation, Federal Aviation Administration for the purpose of airport improvement at Fishers Island Elizabeth Field Purchase of Snow Removal Equipment. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans. This resolution was duly ADOPTED. AMENDED March 15, 2005 by Resolution # 130 #98 Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Stevens for two light duty Dmnp Trucks a 2004 F450 and a 2003 F350, in the amounts of $34,675.00 and $27,400.00 respectively. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans. This resolution was duly ADOPTED. #99 Moved by Councilman Ross, seconded by Councilman Edwards, WHEREAS the Town Board of the Town of Southold has declared the following items to be surplus: ASSET # DESCRIPTION 2484 IBM 8MM Tape Drive, class 041 IBM AS/400E 600 2481 Hardware, class 041 2480 Software, class 042 ATT Merlin Phone System model 510 A1 and 510C1 and WHEREAS no bids were received, now therefor be it RESOLVED that the above items be declared unusable and be disposed o£ Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans. This resolution was duly ADOPTED. #100 Moved by Justice Evans, seconded by Councilman Ross, 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.3089.30 State Aide, DCJS Grants $30,565.00 Appropriations: A.3120.2.500.425 Fingerprint Card Scan $30,565.00 March t, 2005 8 Southold Town Board Meeting Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Justice Evans. This resolution was duly ADOPTED. Councilman Ross, Councilman Wickham, #101 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the American Diabetes Association to use various town roads from Laurel to Orient for their "Tour de Cure" on Sunday, June 12, 2005, provided they file with the Southold Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as the additional insured. Capt. Flatley to be contacted within ten (t0) days after the adoption of this resolution to coordinate traffic along the route. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans. This resolution was duly ADOPTED. #102 Moved by Councilman Edwards, seconded by Councilman Romanelli, WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the tst day of March, 2005 a Local Law entitled "A Local Law in relation to Amendments to Site Plan Fee Schedule" 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 29th Of March, 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 Site Plan Fee Schedule" reads as follows: LOCAL LAW NO. 2005 A Local Law entitled, "A Local Law in relation to Amendments to Site Plan Fee Schedule". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose - In order to provide for a simplified fee schedule that reflects the time and expense incurred in the site plan review process, the following amendments to the site plan review fee schedule are necessary. Chapter tOO of the Code of the Town of Southold is hereby amended as follows: § 100-256. Application requirements. § t00-259.2. Fee schedule for site plan applications. A. The fee for new site plan applications, includina without limitation applications relatin~ to vacant sites or sites with no previously approved site plan, shall be a flat fee of $500 plus an additional $500 for each acre (or fraction thereof) in excess of the first acre, plus $. t0 for each ~ross square foot of proposed construction. March 1, 2005 9 Southold Town Board Meeting B. The fee for amended site plan applications shall be a flat fee of $250 plus $.10 for each ~ross square foot of proposed construction in excess of the square footage of construction included in the previously approved site plan. C. The fee for a~ricultural site plan applications, exceptin~ retail winery operations, shall be a flat fee of $500. 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 Wickham, Councilman Romanelli, Justice Evans. This resolution was duly ADOPTED. #103 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 Amendments to Site Plan Fee Schedule" to the Southold Town Planning Board and the Suffolk County Department of Planning for their reconunendations and reports. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans. This resolution was duly ADOPTED. #104 Moved by Justice Evans, seconded by Councilman Edwards, WHEREAS there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18th day of January, 2005 a Local Law entitled "A Local Law in relation to Creation of a Transfer of Development Rights Chapter 87 of the Code of the Town of Southold", and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law on February 15, 2005 at 8:00 p.m. at which time all interested persons were heard, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: LOCAL LAW NO. 2 of 2005 A Local Law in relation to Creation of a Transfer of Development Rights Chapter 87 of the Code of the Town of Southold SECTION 1. CODE AMENDMENT. The Town Board hereby creates a new Chapter 87 of the Town Code of the Town of Southold as follows Chapter 87- Transfer of Development Rights §87-1 Purpose and Intent As set forth in numerous comprehensive planning documents, the Town's goals include the preservation of open space, agricultural lands and recreational landscapes; preservation of the rural, cultural, and historic character of the hamlets and surrounding countryside; preservation of the natural March 1, 2005 10 Southold Town Board Meeting environment and prevention of further deterioration of resources; preservation and promotion of a broad range of housing and business opportunities to support a socio-economically diverse community; and increased transportation efficiency. To achieve these goals it is the intent and purpose of this Chapter to provide for the transfer of Sanitary Flow Credits, and thereby transfer development potential from areas designated for preservation to areas designated as more appropriate for higher density residential development. Unless expressly permitted herein, the transfer of development potential may not occur in the Town of Southold. §87-2 Definitions. Development Rights- the rights permitted to a lot, parcel, or area of land under a zoning ordinance or local law respecting permissible use, area, density, bulk, or height of improvements executed thereon. Development rights may be calculated and allocated in accordance with such factors as area, floor area, floor area ratios, density, height limitations or any other criteria that will effectively quantify a value for the development right in a reasonable and uniform manner that will carry out the objectives of this section. A development right includes but is not limited to a sanitary flow credit. Sanitary Flow Credit- one of the development rights allocated to a lot or parcel. A Sanitary Flow Credit is equivalent to a right to develop a single family residential parcel with an individual on-site sewerage system, or its non-residential waste water flow equivalent. See Suffolk County Sanitary Code §760-605. (Other approvals will be required prior to development, including compliance with the Town zoning code.) Sending Distric~one or more designated districts or areas of land from which development rights are designated for transfer and use in one or more receiving districts. Receiving District ---one or more designated districts or areas of land to which development rights generated from one or more sending districts may be transferred and in which increased development is permitted to occur by reason of such transfer. Transfer of Development Rights- the process by which development rights are transferred from one lot, parcel, or area of land in any sending district to another lot, parcel, or area of land in one or more receiving districts. §87-3. Development Rights Bank The Town hereby establishes a Transferred Development Rights Bank (TDR Bank) in which development rights may be received, retained and sold by the Town Board in the best interests of the Town. All development rights transferred into the bank must first be accepted by Town Board resolution in accordance with the terms of this Chapter. All receipts and proceeds from sales of development rights sold from the Town bank shall be deposited into a special municipal account known as the Community Preservation Fund, to be used in a manner specified in Chapter 6 of the Town Code. A. The only development right that may be transferred into and out of the TDR Bank is a sanitary flow credit. B. The lands from which development rights to be transferred into the bank were acquired shall remain preserved in perpetuity by a permanent conservation easement or other instrument that similarly preserves community character as defined and set forth in the definition of "community preservation" in Chapter 6 of the Town Code. The easement or other document shall be in a form approved by the Town Attorney. §87-4 Sanitary Flow Credit Transfer The Sanitary Flow Credit transfer will allow the Town to bank sanitary flow credits from preserved land in the TDR Bank, and later sell those credits for use exclusively in connection with affordable March 1, 2005 11 Southold Town Board Meeting housing. The sale price of the credits shall be determined by resolution of the Town Board, and shall consider such factors as the appraised value of the sanitary flow credit and the public benefit provided to the community. All transfers of Sanitary Flow Credits pursuant to this chapter must pass through the TDR bank. A. Designation of Sending and Receiving Districts 1. The sending district shall be any zoning district in the Town of Southold that is not defined as a Receiving District. 2. The receiving district shall be any lands designated Business (B), Hamlet Business (HB), Residential Office (RO), or land designated as Affordable Housing District (AHD) after March 1, 2005. B. Designation of Development Rights 1. A development right for the purposes of this chapter shall be limited to a sanitary flow credit. §87-5 Determination of Sanitary Flow Credit to be Deposited into the TDR Bank A. Upon receipt of a contract (executed by the seller) for the Town's acquisition of a parcel of property or the development rights thereon, and prior to the public hearing on the purchase, the Land Preservation Coordinator shall provide to the Town Board a calculation of the sanitary flow credits available, subject to survey, for transfer from the parcel of property upon the closing of the contract in accordance with its terms. B. Following the closing on the parcel, sanitary flow credits shall be placed into the Town TDR Bank by resolution of the Town Board, which resolution shall set forth the number of sanitary flow credits and the source of the credits. The Town Clerk shall maintain a log detailing the credits transferred into the bank, as provided by the Land Preservation Coordinator in a form approved by the Town Board. C. The Town Clerk shall forward the 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. §87-6 Irreversible Transfer. No development rights shall be transferred back to the sending parcel once the development rights have been transferred. No development rights may be transferred out of a parcel which has previously had all of its development rights extinguished under the Town of Southold, Suffolk County or New York State acquisition of development rights program or other easement, transfer, restrictive covenant or otherwise. §87-7. Procedure for Transfer of a Development Right from the TDR Bank to a Receiving District. Upon application of the owner of an individual parcel in a Receiving District, the Town Board may permit the transfer of a development right to such parcel by proceeding in the manner set forth below: A. Notice to adjacent property owners shall be given by the applicant in the same manner as set forth in Section 100-292 relating to change of zone applications. B. The Town Board, before publishing notice for a public hearing, shall comply with all State Environmental Quality Review Act (SEQRA) requirements and costs associated with review shall be paid by the applicant. C. The Town Board, before publishing notice for a public hearing, shall, in a written request, instruct the Town Planning Board and the Building Inspector to prepare an official report regarding the proposed transfer, including the Planning Board recommendations. The Building Inspector report shall certify the use in the zone proposed and comment on the proposed project. The Planning Board report and recommendations shall consider the factors set forth in §87-7 E below. March 1, 2005 12 Southold Town Board Meeting D. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed transfer and cause at least ten (10) days notice of such hearing to be published in the official newspaper. E. Before the transfer of development rights may be authorized to any Receiving District, the Town Board shall determine, after evaluating the affects of potential increased development which is possible under the transfer of development rights provisions, that the district 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 increased development is compatible with comprehensive planning and the development otherwise permitted by the Town and by the federal, state and county agencies having jurisdiction to approve permissible development within the district. F. Where atransfer of development rights afl'ects districts in two ormore school, specialassessment, or tax districts, it may not unreasonably transfer the tax burden between the taxpayers of such districts. G. Following the public hearing, the Town Board may by resolution authorize the transfer of sanitary flow credits. The resolution shall state that the applicant shall receive a Sanitary Flow Credit Certificate, which shall not be signed by the Supervisor and released by the Town Clerk to the applicant until the Covenants and Restrictions as set forth at §87-9 have been filed and such filing has been approved by the Town Attorney. §87-8. Sanitary Flow Credit Certificate. A. An applicant must obtain and present a Sanitary Flow Credit Certificate to the Building Department prior to receiving a Building Permit. B. The Sanitary Flow Credit Certificate shall state the specific use for the transferred credit and may be used only for construction of the project listed on the Certificate. C. The Town Clerk shall maintain a log detailing the Sanitary Flow Credit Certificates that have been issued by the Town Board, and such log shall contain the source and location of the transferred credit. D. The Town Clerk shall provide notice of the issuance of a Sanitary Flow Credit Certificate to the Town Attorney, Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department. §87-9. Covenants and Restrictions A. Following the Town Board resolution granting a transfer of a Sanitary Flow Credit to a recipient pursuant to the procedures set forth in this Chapter, the applicant shall file in the office of the Suffolk County Clerk Covenants and Restrictions in a form approved by the Town Attorney. a. The Covenants and Restrictions shall contain terms and conditions as the Town Board and the Planning Board deem necessary to insure that the dwelling unit created by the transferred credit remains affordable in perpetuity, and shall be leased or sold only to eligible individuals registered with the Town of Southold Housing Registry. The sale and/or lease of the dwelling unit that has been constructed with the transferred credit shall be administered through the Town of Southold pursuant to the provisions of Chapter 98 (Housing Registry) and §§100-50 through 59 (AHD), and the sale and/or lease price shall be set by resolution of the Town Board. B. A copy of the filed Covenants and Restrictions must be filed with the Town Clerk within thirty(30) days of the approving resolution. No Sanitary Flow Credit Certificate shall issue until the Covenants and Restrictions have been filed and such filing has been approved by the Town Attorney. March 1, 2005 13 Southold Town Board Meeting C. The Town Clerk shall forward the Covenants and Restrictions to the Town Attorney, Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database. §87-10 Revocation Failure to comply with any of the requirements set forth in this section may result in revocation of the transferred sanitary flow credit. A sanitary flow credit may be revoked by Town Board resolution, following a public hearing, after ten (10) days written notice of the hearing by personal service or certified mail has been given to the property owner. §87-11. Expiration Any sanitary flow credit transferred to a recipient for construction of a dwelling unit shall expire and be returned to the bank one year after transfer if the dwelling unit has not been issued a Certificate of Occupancy, unless an extension of time has been requested by the property owner and granted by the Town Board. A request for an extension of time shall be made one month in advance of the expiration. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the Town Clerk to those town departments referenced in §87-8 D. §87-12. Return of Credit In the B, HB or RO zoning districts, a property owner may apply to the Town Board to return the transferred sanitary flow credit to the bank and extinguish the affordable housing Covenants and Restrictions applicable to the property. The Town Board shall hold a public hearing on the application, and notice shall be given in accordance with Chapter 58. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the Town Clerk to those town departments referenced in §87-8 D. SECTION II. - SEVERABILITY. If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. Section III - EFFECTIVE DATE. This article shall take effect immediately upon filing with the Secretary of State as provided by law. COUNCILMAN WICKHAM: Before we take a vote on this one, I would like to add a little discussion to it and perhaps other Board members would like to, too. We had a public meeting on this law two weeks ago, it was a very informative public hearing, I think all of us learned a lot of how people felt about it. And subsequent to that public hearing, the Town Board's standing Code Committee held a meeting, last Thursday I believe it was, to take up a number of the questions that were raised and in particular questions that were raised by our Planning Board in a memo to us. I would just like to very briefly summarize some of the comments that came out of that discussion and a few relatively minor modifications of the legislation that is on our agenda for this afternoon. First of all, we changed some of the sequence of some of the sentences and paragraphs in this proposed law, we added a section that says that the Building Inspector shall comment on the suitability of the proposed project from a zoning point of view before the Planning Board's reports to the Board. We have added a section that relates to how the Town Board shall establish selling prices for credits that come out of the bank. The sale price of the credits shall be determined by a resolution of the Town Board and shall consider such factors as the appraised value of the sanitary flow credits and the public benefit provided to the community. We have added a section that says that the Town Clerk shall maintain a log detailing the credits transferred into the bank as provided by the Land Preservation Coordinator in a forum approved by the Town Board. And we have noted at the end of Section E, that is 87-6 Section E; the Town Clerk shall March 1, 2005 14 Southold Town Board Meeting provide notice of the issuance of a sanitary flow credit to the Town Attorney, Tax Assessors office, Land Preservation Department, Special Projects Coordinator and the Planning Department. These are all technical additions that we think have addressed some of the concerns that were raised at the public hearing; they came out of a meeting last week. This morning during the work session, the Town Board also took up another question that had been raised and that is, the willingness of the Board and this legislation to see that sanitary flow credits can be used on affordable housing district projects. The question has been raised, where will these affordable housing districts be located in the town because our previous legislation that authorized the AHD's allow them to go essentially anywhere in the Town. I think it was the sense of the work session this morning that we would like to restrict where these AHD's would be located and that we would ultimately like to restrict them to the hamlet areas or the surrounding residential areas of the hamlets that we are calling halo areas when those places are designated. They have not been designated at this time. When they are designated, which will be very soon, when the hamlet planning exercise is completed, the Town Board's sense this morning was that we would restrict or limit the location of affordable housing district projects to these hamlet centers or the halo areas. And until such time as they are designated, it was the sense of the Board that we would not approve such projects. That isn't specific to the sanitary flow legislation, so it doesn't need to be part of the legislation that is in front of us, rather it would be a modification to the AHD legislation, which we enacted several months ago. So this is a clarification that I hope will reflect, first of all, it does reflect the discussions that we had this morning and I hope that it will reassure people who may feel that the sanitary flow stuff would go a lot further than we all wanted it to go or that they wanted it to go. So the receiving district shall be any lands designated... JUSTICE EVANS: That is just something different, another technical change we actually made to the law. Where the receiving districts in AHD, when we designate AHD, will only be AHD that is after March 1, 2005, it won't apply to AHD's that are already out there. COUNCILMAN WICKHAM: That is right. That were formed previously. JUSTICE EVANS: That may no longer be affordable. The new affordable were it has to be perpetually affordable. COUNCILMAN WICKHAM: There is one other clarification that I would like to off'er and that was the SEQRA that was done on this law, which was done by Cleary Consulting, referred to in their SEQRA report, to the hamlet center boundaries from the hamlet centered notion and he has recently clarified that in a letter dated March 1 and it, this is from Patrick Cleary to the Town Attorney, 'It is my understanding that during the public hearing on this proposed TDR legislation, a question arose regarding reference to the hamlets in the negative declaration. The following is offered by way of clarification: The hamlets as referenced to the negative declaration are the generally recognized commercial hubs of Laurel, Mattituck, New Suffolk, Cutchogue, Peconic, Southold, Greenport West, East Marion and Orient that have been traditionally defined by the B business, HB hamlet business and RO residential office zoning districts. The discussion of the hamlets refer directly to those areas. It is the sense of the Board that these relatively minor changes do not require a re-hearing and as such is open for a vote by the Board this afternoon. We had the motion made, we have had it seconded. Is there anyone else on the Board who would like to add to these comments? COUNCILMAN EDWARDS: Yes, I would. I have in front of me the recommendations to the Supervisor regarding affordable housing in Southold Town dated December 6, 2002 from the Southold Town Housing Committee. It is interesting to note that under overall observations, the first observation that was made by this Committee was that density is the key to affordable housing, i.e., the cost of land in the Town is so high that unless you put more units on an acre of land, you will not achieve affordability and I don't think this legislation, as some people may have interpreted at the March 1, 2005 15 Southold Town Board Meeting hearing two weeks ago, leads to the sky falling. I think it is simply allows the Town to empower its own zoning while complying with the requirements of the Suffolk County Health Department. There is not going to be a huge number of affordable units created from this because it is driven by the amount of open space that the Town purchases but I think this is a critical building block in creating a capacity for affordable housing in the Town and I do plan to vote for this. COUNCILMAN WICKHAM: Would any other Board members like to comment on it? (No response) If not, we have had it, the motion has been made and it has been seconded. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans. This resolution was duly ADOPTED. #105 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby f'mds that the local law entitled~ "A Local Law in relation to the Sidewalks chapter of the Southold Town Code" 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. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans. This resolution was duly ADOPTED. COUNCILMAN WICKHAM: We are ready for a public hearing, but we are two or three minutes early. That is unusual. We have a minute, two or three minutes, to take comments from the audience, if there is anyone out there who would like to bring any matters on their minds to the attention of the Town Board. MS. EGAN: We do that after the public hearing. COUNCILMAN WICKHAM: Thank you, Mrs. Egan. That is right. MS. EGAN: You are more than welcome. COUNCILMAN WICKHAM: Are there any comments from Town Board members who would like to use up two minutes before 5:00? COUNCILMAN ROSS: Sure. We discussed at the work session today a plan or the preliminary to the plan to organize a town wide pick-up the Town of Southold and we plan to organize that so that on one day in April, on a Saturday, for three hours, we can get as many people involved as possible in to designated areas that they choose to designate to pick up the Town, so that when the snow melts and before the vegetation grows, when you see the litter from the winter time, it is a good time to pick that up in the spring time and if people are interested in doing that, you can contact me. I am at 298-1200 and we will be organizing for the next month or so for this particular event. We are going to be looking for people, dividing up the Town into districts, seven or eight and asking that people claim a portion of the road for this one, three hour sometime in the spring that will soon be designated period of time. So, many hands make light work and that is what we hope to do. So the place doesn't look like a mess when the snow melts. This is, you drive down the street and it is a bothersome thing, at March 1, 2005 16 Southold Town Board Meeting least to me and I know to other people and we know no one from the Town of Southold litters, it is the people who drive through our Town, right? And so, I just want to let the public know that is on the agenda, if you are interested, let us know because we will need your help and we will be better organized as we move along. We will have people that you can contact in each of the various districts. That is one item that I wanted to bring up. A second item is we have finished, last week, was the Association of Towns conference convention in New York City, I would like to thank the taxpayers for the opportunity to go in there. There were various seminars given by qualified people throughout the state. Association of Town attorneys, the Association of Town is an organization that helps advise towns as to technicalities of the law and planning and different items. It goes for two days and there are classes that go right through the beginning to the end, 7:30 in the morning it starts and we all attended various seminars and classes. We heard Senator Schumer speak, we heard the State Attorney General Eliot Spilzer speak; they addressed the Association of Towns. We heard the Comptroller Hevesi, the State Comptroller speak. It is informative, it allows us to catch up on the technicalities of running a town. It is essential, I consider it essential. Last year we attended some of the planning seminars and came to the conclusion that we are really ahead of most of the state. They were teaching things like cluster subdivision, which we have been doing here for many, many years. This year, I believe at Supervisor Horton's suggestion, Tim Caulfield of the Peconic Land Trust gave one of the seminars, which was a standing room only presentation. It was well-received and he used examples right here in the Town of Southold were acreage and waterfront had been preserved through the various purchase of development rights and cluster subdivision and it kind of showed that the east end of Long Island is on the cutting edge of these aspects of planning and the upstate elected officials were very interested in it and I just wanted to bring that to the Town's attention and thank the Town for the opportunity to engage in that learning experience. COUNCILMAN WICKHAM: Thank you, Dan. I think all of us on the Board have benefited from those conferences over the years. Motion to recess to the public hearing? Moved by Justice Evans, seconded by Councilman Ross, it was RESOLVED that this Meeting of the Southold Town Board be and hereby is declared recessed in order to hold a public hearing on the matter of HEARING ON "A LOCAL LAW IN RELATION TO THE SIDEWALKS CHAPTER OF THE SOUTHOLD TOWN CODE." Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans. This resolution was duly ADOPTED. Meeting reconvenedat #106 Moved by Councilman Romanelli, seconded by Justice Evans, WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York on the 15th day of February, 2005, a Local Law entitled "A Local Law in Relation to the Sidewalks chapter of the Southold Town Code", and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: LOCAL LAW NO. 3 of 2005 March 1, 2005 17 Southold Town Board Meeting A Local Law entitled, "A Local Law in Relation to the Sidewalks chapter of the Southold Town Code" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose- The purpose of this Local Law is to establish a penalty for an offense under this chapter, thereby encouraging compliance and strengthening enforcement. II. Code Amemhnent. Chapter 80 "Sidewalks" of the Southold Town Code is hereby amended as follows: § 80-3. Penalties for Offenses. Any person violatin~ any of the provisions of this chapter shall be ~uilty of a violation and, upon conviction thereof, shall be punishable by a fine not exceedin~ $250 for each offense. Each day's continued violation shall constitute a separate additional offense or violation. III. Severability. If an section or subsection, paragraph, clause, phrase or provision of this law shall be judge 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. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans. This resolution was duly ADOPTED. COUNCILMAN WICKHAM: We have come to what is often the most enjoyable part of our meetings, having the public hearings, having finished the resolutions. Is there anyone out there who would like to address the Town Board on any matter before the Town? Yes, Mrs. Ega~. MS. EGAN: Good evening again. Joan Egan, East Marion. I am presuming that all of you went into the city. Did you all make into the city? Some of you stayed three days, some of you stayed five days. Did you get in at all, Mr. Romanelli? COUNCILMAN ROMANELLI: No, I did not go this year. MS. EGAN: Pardon? COUNCILMAN ROMANELLI: I did not go this year. MS. EGAN: Good. I know that Mrs. Finnegan's secretary, she was out to lunch. She had a vacation, too. Now, I think it is one of the last Town Hall meetings, before you went away, I mentioned that it might be a good idea to speak to other people and I don't like people who shake their head like that, about the tsunami thing. You are going to have it here, there is no question. You have already had a small one up in Maine. You will have one in the Carolina's in April or May and my prediction from what I have read and analyzed and spoke to many people, we will have it here by the end of August or Labor Day. So, I believe I asked that any of you going into those meetings would ask other people at those meetings, what their input was. Was there any feedback from that? No? Wonderful. I had given some information to Mrs. Finnegan, I spoke to the Town Supervisor and hopefully I will write something that can be put into a form of something to let people know what to do. There isn't an awful lot you can do in regard to stopping the forces of nature but you can protect yourself legally and your home as best you can. Now, you seem to have a terrible problem up here with the answering March 1, 2005 18 Southold Town Board Meeting machines. You call one number and you get somebody else's number. I called here and got a voice mail that said, 'I am not here.' That is marvelous. I don't leave messages for people that I don't know. Had the same problem at the nursing home. Finally got them to correct it, to keep the door locked for the answering machine because a lot of private things are said on those answering machines. So you have got a problem with the telephone system. Has the problem been rectified that when you call here you can be patched over to the Annex? COUNCILMAN WICKHAM: John, do you have an answer to that? COUNCILMAN ROMANELLI: I don't believe that problem has been fixed yet, no. MS. EGAN: It hasn't been taken care o17 COUNCILMAN ROMANELLI: No. MS. EGAN: Do you realize how incensed people are getting who are still, and when they come back this spring and they can't find what they want here and they have to get in the car again and go over there or they call here and they find out that they have to make another call .... COUNCILMAN WICKHAM: Do we have a plan as to when it would be fixed? COUNCILMAN ROMANELLI: I believe it requires an upgraded phone system, which is quite... MS. EGAN: Well, we have been talking about that for quite some time. And nobody seems to be able to, is it the telephone company? I will tell you how to get to the telephone company. Don't pay your bill. And they will get to you, PDQ. That is exactly how you do it. Sure. Don't pay the bill. COUNCILMAN ROMANELLI: Okay. MS. EGAN: Oh, we finally found out what the little yellow flags are out front for. Do any of you up there know what they are for? Out in front of Town Hall, on the lawn out there, between the sidewalk and the curbing. Well, I will tell you what they are for. That is where the gas lines are. I have to do your homework all the time, don't I? COUNCILMAN ROMANELLI: Thank you. MS. EGAN: Now, the flag, again, on Depot Lane in the Mattituck-Cutchogue School, there still is no flag, there has not been an American flag on that flagpole, to my knowledge for 2 solid years. That is a disgrace. The last Town Hall meeting Mr. Horton said that they were still working on the analysis of getting a traffic light on Love Lane. That still hasn't been done. Now, Mrs. Finnegan, do you want me again to write the thing for you for the Child Protection Agency? COUNCILMAN WICKHAM: Mrs. Egan, why don't you address the Town Board? March 1, 2005 19 Southold Town Board Meeting MS. EGAN: Well, I, alright. Mr. Wickham, would you kindly ask Mrs. Finnegan if she wants me to write the article that I started, that she was supposed to call me back on that she never did, in regard to how people can use the Child Protection Agency. COUNCILMAN WICKHAM: We will discuss it with her... MS. EGAN: No, no, no, no. I would like an answer now. She is sitting there, she is a big girl. Let's get something done. COUNCILMAN ROMANELLI: I personally don't know what you are talking about. MS. EGAN: You don't know? Well then, I will be more than happy to explain. I can't believe that you are saying it, Mr. Romanelli. COUNCILMAN ROMANELLI: I .... MS. EGAN: Let me finish. I have brought this subject up, innumerous times. About the Child Protection Agency. It is in your telephone book. COUNCILMAN ROMANELLI: Right. What does that have to do with the Town Board? That is all I want to know. That is all I want to know, is what that has to do with this Town Board? Beyond that, I really don't want to know anything else. I want to know what it has to do with us. MS. EGAN: Don't speak to me in that tone of voice. Remember you are a public servant. COUNCILMAN ROMANELLI: I will speak to you the way I need to. What does that have to do with this Board? MS. EGAN: It has to do with the fact that before Christmas, when you were going to publish your quarterly little thing that is sent out to the town with new telephone numbers, new information, at that Town Hall meeting, I said that I would write something to be put into it for the Child Protection Agency and Mr. Horton thought it was a great idea and so did Mrs. Finnegan. I took the time and effort to call Mrs. Finnegan and gave her input on it. it is very important that town people know how to do it. there isn't a time that you put the radio on, the television or pick up the newspaper, that you don't see abuse for young people and most of your court cases up here on Friday, if it isn't for... COUNCILMAN ROMANELLI: Okay, so what would you like us to do again? MS. EGAN: It has to do that you get something out to the public properly. COUNCILMAN WICKHAM: Information. MS. EGAN: Information, which Mr. Horton and Mrs. Finnegan initially said was great. COUNCILMAN WICKHAM: Okay. March 1, 2005 20 Southold Town Board Meeting MS. EGAN: And I called her and she was supposed to call me back and she never did. COUNCILMAN WICKHAM: Okay. We will take this up with Mr. Horton and Mrs. Finnegan and find a way to get that information out there. MS. EGAN: Well, you are waiting and waiting. Now, has anything been done in regard to the scanner? For Friday's at court? COUNCILMAn WICKHAM: What about the scanner? TOWN ATTORNEY FINNEGAN: Mrs. Egan, my office is looking into that, in terms of, we have to get some proposals for what type of security system we can .... MS. EGAN: Is she allowed to talk to me? Am I allowed to answer her? COUNCILMAN WICKHAM: Yes, yes. MS. EGAN: Wonderful. COUNCILMAN WICKHAM: Progress. MS. EGAN: Mrs. Finnegan, I would question while you were away, that your secretary call Hauppauge and get things moving and I don't think she did anything. As a matter of fact, I think she played hooky. Thank you very much. COUNCILMAN WICKHAM: Would anyone else like to address the Town Board on any matters before the Town? (No response) It is an opportunity now for Town Board members to make a few comments and let the people know what you are working on. (No response) And if no Town Board member rises to the occasion, do I hear a motion to adjourn? Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that this Meeting of the Southold Town Board be and hereby is declared adjourned at 5:19 P.M. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Justice Evans. This resolution was duly ADOPTED. Elizabeth A. Neville Southold Town Clerk