HomeMy WebLinkAboutTB-04/12/2005SOUTHOLD TOWN BOARD
REGULAR MEETING
April 12, 2005
7:30 P.M.
A Regular Meeting of the Southold Town Board was held Tuesday, April 12, 2005 at the
Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting at 7:30 P.M. with
the Pledge of Allegiance to the Flag.
Present:
Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman John M. Romanelli
Councilman Thomas H. Wickham
Councilman Daniel C. Ross
Councilman William P. Edwards
Town Clerk Elizabeth A. Neville
Town Attorney Patricia A. Finnegan
SUPERVISOR HORTON: Welcome to the April 12, 2005 meeting of the Southold Town Board.
Please rise and join with me in the Pledge of Allegiance to the Flag. We have available for public
review, available at the Town Clerk's office which is open Monday through Friday 8:00 A.M. to 4:00
P.M., reports, public notices, communications and other town related items. In addition, we ask when
members of the community address the Town Board, that they do so from one of the two microphones
located at the front of the room and state their name and address or place of residence clearly into the
microphone so we can incorporate that into our public record. We do off'er several opportunities over
the course of meeting for the public to address the Town Board. First being prior to the reading and
voting on any of the resolutions that are on the agenda, as well as over the course of, I believe we have
four public hearings tonight. The public will be afforded the opportunity to address the Board on those
specific public hearings and then again at the end of the meeting after the public hearings have been
held and the resolutions have been dealt with, we then off'er the floor to the public to address the Board
on other town related matters. Moving forward, I do have a presentation request from a concerned
April 12, 2005 2
Southold Town Board Regular Meeting
citizen or an interested citizen. Is Erin Van Gelder here? Okay, Erin, if you don't mind coming
forward. This proclamation or declaration, I should say, is really quite timely in regard to the
conversation I had in the hallway today. Erin works in occupational therapy, physical therapy and
brought it to our attention that April 2005 has been declared by the Occupational Therapy Association
as occupational therapy month. And actually occupational therapy (inaudible) so it is about health and
welfare (inaudible) and thank you for bringing this to our attention.
"WHEREAS the American Occupational Therapy Association has declared the month of April 2005 to
be known as Occupational Therapy month and
WHEREAS the profession of Occupational Therapy makes valuable contributions in helping persons
master the "skills for the job of living" after an illness or injury; and
WHEREAS the services of Occupational Therapy are available to the citizens of Southold Town
through hospitals, home health agencies, schools, clinics and nursing homes; and
WHEREAS the health and productivity of our citizens depend upon the effective use of health care
resources including the important service of Occupational Therapists and Occupational Therapy
Assistant; now, therefore be it
RESOLVED that I, Joshua Young Horton, Supervisor of the Town of Southold together with the
Southold Town Board do hereby proclaim the month of April in the year 2005 as Occupational
Therapy Month and we call upon all citizens to recognize the achievements and contributions of these
valued health specialists." Thank you very much, I appreciate you being here.
ERIN VAN GELDER: Thank you very much.
SUPERVISOR HORTON: And I also see tonight, the Town Board is, yeah, I know a little something.
I don't often know something you don't but I looked out in the audience and I see several red hats here
tonight. Yes.
JUSTICE EVANS: The Red Hat Society.
SUPERVISOR HORTON: That is right. They must have gotten my e-mail. The women in the back
wearing red hats are an organization called the Red Hat Club, I believe. The Red Hat Society, I am
sorry. The Red Hat Society and in fact I have had some members of the Red Hat Society on my show
'Supe in the Diner' and you are essentially an organization that has committed to providing social
opportunities for other women, for women on the north fork and we are pleased that you are joining us
here at the Town Board meeting. It is encouraging to see you here and that you find this to be an event
worthy of social gathering, we appreciate that. We hope you enjoy the meeting. I just wanted to
recognize you because they are definitely identifiable. We welcome and we also welcome everybody
else who is in the audience here tonight. If we could move forward with the Town Board meeting, we
do have several public hearings, all of which are important. We will move forward with the approval
of the audit, please.
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the following Town bills be and hereby are ordered paid: General Fund Whole
Town bills in the amount of $389,343.95; General Fund Part Town bills in the amount of $22,204.16;
Community Development Fund bills in the amount of $18,598.68; Highway Fund Part Town bills in
the amount of $128,134.60; Capital Projects Account bills in the amount of $694,196.74; Community
Preservation Fund (2% tax) bills in the amount of $11,724.94; New London Terminal Project bills in
April 12, 2005 3
Southold Town Board Regular Meeting
the amount of $60,847.88; Compost Land Acquisition bills in the amount of $3,029,917.51; Employee
Health Benefit Plan bills in the amount of $9,626.88; Fishers Island Ferry District bills in the amount
of $109,772.94; Refuse & Garbage District bills in the amount of $158,895.84; Southold Agency &
Trust bills in the amount of $4,118.41 and Fishers Island Ferry District Agency & Trust bills in the
amount of $74.76.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the next Regular Meeting of the Southold Town Board be held Tuesday, April 26,
2005 at 4:30 P.M. at the Southold Town Hall, Southold, New York.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
I. REPORTS
1. Employee Health Care Plan, Island Group March 2004-February 2005
2. Juvenile Aid Bureau March 2005
3. Southold Animal Shelter March 2005
4. Southold Town Justice Court, Bruer February 2005
5. Program for the Disabled March Events 2005
II. PUBLIC NOTICES
1. Department of the Army, NY District, Corps of Engineers Notice of Application for a permit
from Deborah Dory to install a pier assembly for mooring at West Creek, Cutchogue Harbor,
Great Peconic Bay, Town of Southold. Comments by April 13, 2005.
SUPERVISOR HORTON: I know open the floor to the public to address the Town Board on any of
the resolutions that are on the agenda. Yes, Mr. Yakaboski.
GREG YAKABOSKI: Good evening to the Board. Resolution number 206, just had a couple of
quick questions on that, regarding the Scavenger Waste Facility, I think currently in Greenport?
SUPERVISOR HORTON: That is correct.
MR. YAKABOSKI: On that, is there a time set for the closing of that existing plant?
SUPERVISOR HORTON: We closed it January 1st of this year.
MR. YAKABOSKI: Okay, is there a plan to re-open or relocate another area?
SUPERVISOR HORTON: No.
MR. YAKABOSKI: And I just ask...
April 12, 2005 4
Southold Town Board Regular Meeting
SUPERVISOR HORTON: We have worked an arrangement with Riverhead that has plenty of, well, I
don't want to say excess capacity, but they have capacity to take from the local carters of Southold
Town and actually myself, you were there as well, Councilman Romanelli, I believe. Myself and
Councilman Romanelli met with the local carters well in advance of the closing of the facility.
MR. YAKABOSKI: That is were my question was heading because I think if the Riverhead plant did
not have enough capacity or would ever close down because of the construction going on in Riverhead,
the next place is Bergen Point, John?
COUNCILMAN ROMANELLI: That is correct.
MR. YAKABOSKI: Which I think is like an hour and a half away. The context ....
SUPERVISOR HORTON: Riverhead has tremendous capacity.
MR. YAKABOSKI: Okay, again just the context would for it would be the affordability of the Town,
not (inaudible) but the people that are already here, that all of a sudden if you are having your septic
pumped and all of a sudden a couple of years from now Riverhead a couple of years doesn't take it,
and you have to go to Bergen Point, you are going to be hit an awfully large, I would suspect, bill.
Which I think is really going to go to a lot of people, if it is an extra $500 or $1,000 to get your tank
pumped out, it might be a big hit. Just something for the Board to consider.
SUPERVISOR HORTON: The other thing to consider, in addition to that, it is a good point, Mr.
Yakaboski, the other thing to consider is for the better part of nine or ten years, that facility hasn't
operated as it was designed to operate, which it was designed to take refuse, treat it and then pump it
into the Village sewer system. That, I believe was the valve, essentially, physically was shut between
the two systems, nine years maybe ten years ago and since that time, the facility has simply been acting
as a holding tank. So wherever it would go from Southold or from the truck, it would go, say if it
couldn't go to Riverhead and it would have to go to Bergen Point, it would have to go there anyway
because it no longer served as a treatment facility, it was defunct and served as a holding tank.
MR. YAKABOSKI: Correct. Again, it was just really going to the, where the Town wasn't left
vulnerable to all of a sudden a huge price spike and then going to the Board's concern, the Town's
concern of affordability of the town.
SUPERVISOR HORTON: Right.
MR. YAKABOSKI: Resolution number 215 and 216, I guess they go together? With respect to 216, I
don't have the copy of the full resolution ....
SUPERVISOR HORTON: I will read it to you.
MR. YAKABOSKI: .... and just kind of what that was about?
SUPERVISOR HORTON: This is in regard to the decommissioning, the actual physical
decommissioning of that plant which we are required to do as per the ....
April 12, 2005 5
Southold Town Board Regular Meeting
MR. YAKABOSKI: Excuse me, number 216. I am sorry, Josh. Did I say it incorrectly? Number 215
and 216 I believe go together. 216 is the one I really had the question on.
SUPERVISOR HORTON: Oh, I am sorry. I was looking at one associated with the Scavenger Waste.
216 is actually, this was brought to our attention today by an attorney's office, it is an interesting one.
It pertains to the Rural Incentive District and there is, under the state law and please ifI start to explain
this incorrectly, please feel free to jump in. There is a statute in the state law that requires
municipalities, if they were going to enact incentive zoning of any type, that it has to, statutorily has to
take into account the impact that could have one way or the other on affordable housing and this
resolution addresses that. It is specifically in relation to the proposal of a rural incentive district.
MR. YAKABOSKI: So any incentive zoning, if I heard you correctly, has to affirmatively take into
account the impact on affordable housing and that is what this ....
SUPERVISOR HORTON: That is correct. And the attorney's office has determined, advised the
Town Board that because the town basically has in its code book sufficient code language or zoning
provisions that would enable or provide affordable housing to be created in the town, that the impact is
negligible, if you will. If that is the correct term.
MR. YAKABOSKI: Okay. Got it. Resolution number 219.
SUPERVISOR HORTON: Number 219 we will actually be having a public hearing on this evening.
MR. YAKABOSKI: Correct. I mean, I am not going to be speaking, I don't plan on currently
speaking at the public hearing and I just want to address the resolution on it?
SUPERVISOR HORTON: Certainly.
MR. YAKABOSKI: One, I guess it goes to Tom, I was hitting on this two weeks ago...
SUPERVISOR HORTON: Councilman Wickham has actually recused himself from the Rural
Incentive District ....
MR. YAKABOSKI: General question. Would the Board be considering voting tonight or are you
simply going to hear tonight the public hearing and then take all the comments under advisement?
SUPERVISOR HORTON: General practice has been, is to have the public hearing and take comments
under advisement and then move forward.
MR. YAKABOSKI: Thank you.
SUPERVISOR HORTON: I mean, allow me to say that if a member of the Town Board feels so
inclined to move the resolution, they do have the right to do so.
MR. YAKABOSKI: Absolutely. I just...
April 12, 2005 6
Southold Town Board Regular Meeting
SUPERVISOR HORTON: And then it can be tabled.
MR. YAKABOSKI: And here are my couple of comments. When a local law is really in my opinion
a solution to a problem, so my question then to the Board, I think Bill, is what is the problem that this
local law is solving or addressing?
COUNCILMAN EDWARDS: Well, your assumption is that a local law is the solution to a problem,
that is, you know, the fundamental issue here. We are not saying that there is a problem, we are saying
there is another opportunity to encourage preservation of open space and agricultural lands and this is
another way to do it. That does not imply that there is a problem, there is an opportunity.
MR. YAKABOSKI: Okay, I would just then bring to the Board's attention, respectfully remember
that I believe in the Blue Ribbon Commission all the preservation, the Town has been talking about
permanent preservation and I believe this law would be a not permanent preservation.
COUNCILMAN EDWARDS: I fail to see why.
SUPERVISOR HORTON: Well, it is, allow him to, he has a right to the floor and to address the
points. Please continue, Mr. Yakaboski.
MR. YAKABOSKI: And again, I would then, I guess it comes down, Bill, to a definition of
permanent preservation. If the Board, not tonight, but could just have somebody contact me with the
definition is, that would be fine. The other question I have is, during the public hearing, would the
public have the opportunity to hear from the in-house professionals i.e., your Town Planner and or
your Land Preservation coordinator? These are folks that are on stafl~ qualified, excellent individuals
and just the opportunity for the public to hear directly from them.
SUPERVISOR HORTON: The Town Planning Department will not be here at the public hearing.
MR. YAKABOSKI: Would the Town Planner be available?
SUPERVISOR HORTON: No. and I will say why, because it sort of, it is in my mind there are pros
and cons to that and the Town, the Board is here to take the input in regard to local laws in general that
are put forward and research goes into those and you know, input from the Planning Department and
Planning Board goes into the creation of those prior to the public hearing and so much of that input is
incorporated into local laws initiative. My own feeling is, we are the elected body to hear the public
input and I have reservations about requesting a Town employee to be here in the evening to take
comments from the public because as an elected official, we are open to criticism that you know, may
be a little different than what an employee of the Town should be subjected to. And I just don't want
to open them to that. Sometimes public hearings, things come out of people's mouths one way or the
other you know, the Planning Department is not elected to sort of take it on the chin that way. I don't
know if that, I explained it the best I could, I think.
MR. YAKABOSKI: I would then just, hopefully Dan and Bill and you guys have a, Louisa, have a
system set up to take the comments made at the public hearings that would then go directly to these in-
house professionals that give input to the Board.
April 12, 2005 7
Southold Town Board Regular Meeting
SUPERVISOR HORTON: We do. And, we do.
MR. YAKABOSKI: And my last question on this topic would be the facts, again, Dan, Bill, Louisa,
what facts are out there that have prompted the Board to come forward with this proposal?
SUPERVISOR HORTON: A lot of research has actually gone into this proposal, it was a suggestion as
you mentioned of the Blue-Ribbon Commission. Each Board member I think, has their own views on
this legislation so I wouldn't assume adoption of it this evening but I think the fact that it was a strong
recommendation of the Blue-Ribbon Commission I think gave it the attention of the Board and there
has been some very interesting and at times lively debate about the Rural Incentive District.
MR. YAKABOSKI: And I appreciate that Josh, and again to each of the Board members; Louisa,
Dan, Bill, John, I would appreciate it if you folks would take the opportunity either in the public
hearing tonight or after or even before right now, individually what factors prompted just putting forth
this local law? Again, not necessarily as a problem but what factors are out there that prompted taking
the time, taking the effort to come forward with this local law?
SUPERVISOR HORTON: Okay.
MR. YAKABOSKI: To the community.
SUPERVISOR HORTON: Are there other questions on the resolutions?
MR. YAKABOSKI: You can't answer?
COUNCILMAn ROMAnELLI: I can't answer that.
MR. YAKABOSKI: You can't answer? Bill, Dan?
SUPERVISOR HORTON: We have a public hearing on this this evening, so much of that will
probably come through at the public hearing.
MR. YAKABOSKI: Oh, with the, Dan, Bill, Louisa would you guys at the public hearing...
SUPERVISOR HORTON: Mr. Yakaboski, the public hearing is the venue for those specific points. I
am just trying to keep the meeting on track. Are there other resolutions that you would like to have ....
MR. YAKABOSKI: No, I was wrapping up. Normally at the public hearing, Josh, at least the ones I
have attended recently, the Board has not made a lot of comments so again, I was just trying to take the
opportunity, since it was on the agenda ....
SUPERVISOR HORTON: Okay.
MR. YAKABOSKI: .... to see, I thought it was a fair question, just to ask for example Louisa or Dan
what factors prompted putting it forward. That is all. Do you choose not to respond at this time or?
April 12, 2005 8
Southold Town Board Regular Meeting
SUPERVISOR HORTON: As I said, I am trying to keep the meeting on track and at the public hearing
I think each Board member will want to have their say on it.
MR. YAKABOSKI: Okay, not to belabor the point, not to be back and forth, you see, what I am
hearing is that at the public hearing is the fair time to ask this question to Louisa, to Dan, to Bill and
then to expect a response.
SUPERVISOR HORTON: It is certainly the appropriate venue for that, yes.
MR. YAKABOSKI: And I could expect a response?
COUNCILMAN ROSS: We will find out, after the hearing.
SUPERVISOR HORTON: Are there other resolutions that the public would care to address? (No
response) We will move forward with the resolutions then. Councilman Romanelli, please.
# 188
Moved by Councilman Romanelli, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 Connnunity
Preservation Fund Budget as follows:
From:
Site Development, C.E.
Miscellaneous Supplies $6,227.50
H3.1620.4.100.100
To:
H3.8710.2.400.200
Land Preservation Dept, C.S.
Land Stewardship Management $6,227.50
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#189
Moved by Councilman Edwards, seconded by Justice Evans,
WHEREAS the Commissioners of the Fishers Island Ferry District have determined that it was
necessary to provide a reconstructed water service into the new Ferry Terminal Building in New
London, and
WHEREAS the actual cost of the reconstructed water service into the new Ferry Terminal Building in
New London is $35,000, $15,000 over the estimated cost of $20,000, and
WHEREAS the Commissioners of the Fishers Island Ferry District have determined that payment in
the amount of $35,000 should be made to the New London Water Department, with payment
appropriated from H7.5720.2.200.100, now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby approves payment in the amount
of $35~000 to the New London Water Department and that said payment shall be a legal charge to
the New London Terminal Project Capital Fund, appropriation number H7.5720.2.200.100.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
April 12, 2005 9
Southold Town Board Regular Meeting
#190
Moved by Councilman Ross, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Island
Group Admiulstration~ Inc. to pay the medical bill of a Southold Town COBRA employee to
Kevin Braat~ M.D. in the amount of $ 547.00, which was submitted by the provider more than 30
days after the services were provided.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
AMENDED May 24, 2005 by Resolution # 312
#191
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Richard J. Buonaulto
to the position of Seasonal Police Officer for the Southold Town Police Department effective May
16, 2005, through September 2005, at the hourly rate of $15.13.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#192
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs the
Supervisor to sign a renewal agreement with Prime Services~ Inc, 6101 Robinson Road~
Lockport~ New York in order for the Town to continue to participate in a group purchasing
program for food and other supplies for the Town's Senior Nutrition Program; and
FURTHER RESOLVED, that this method of purchase has been evaluated by the Town Attorney's
Office and appears to meet the standards of General Municipal Law 103 of the Consolidated Laws of
the State of New York, which authorizes nutrition programs that receive federal, state or local funding
to enter into joint contracts and arrangements to purchase food and related supplies without the
requirement of competitive bidding.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#193
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
Southold Village Merchants to use the Main Road beginning at the comer Boisseau Avenue
heading west to Tuckers Lane~ Southold~ New York for their 8t" Annual Fourth of July parade on
Sunday, July 4~ 2005~ beginning at 11:00 noon and ending by 12:00 p.m., 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. Lt. Flatley to be contacted at least ten (10) days prior to the event
to coordinate traffic along route.
April 12, 2005 10
Southold Town Board Regular Meeting
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#194
Moved by Councilman Edwards, moved by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby changes Roseann Anderer~ Full-
Th-ne Mini-Bus Driver at the Human Resource Center from an hourly rate of $10.25 to
$18~176.98 per annmn effective retroactively to March 8tn, 2005.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#195
Moved by Councilman Ross, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby approves the application of
Greenport Youth Activities to use the Strawberry Fields Fairgrounds on May 19 - 22~ 2005 for
their Annual Carnival as outlined in their application, provided they file with the Town Clerk a one
million dollar Certificate of Liability naming the Town of Southold and the County of Suffolk as
additional insured for $1,000,000.00 each. Capt. Flatley to be contacted within ten (10) days after
Town Board approval to coordinate traffic control.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#196
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 General Fund
Whole Town Budget as follows:
TO:
Revenues
A.2705.40 Gifts & Donations $10,000.00
TO:
Appropriations
A.3120.2.500.475 K-9 Unit $10,000.00
SUPERVISOR HORTON: I just want to again thank John Kanas and North Fork Bank for making this
contribution to the Town, to bring the K-9 unit to fruition.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#197
Moved by Councilman Wickham, seconded by Councilman Ross, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 budget as
follows:
April 12, 2005
Southold Town Board Regular Meeting
General Fund Whole Town
To:
A.1310.1.100.300
A. 1420.4.600.600
A.1460.1.100.100
A.1460.1.200.100
A.1490.1.100.100
A.1490.1.100.300
A.1620.1.100.200
A.3020.1.100.100
A.3020.1.100.500
A.3020.1.200.100
A.3120.1.100.100
A.3120.1.100.200
A.3120.1.200.100
A.3130.1.100.200
A.3130.1.300.100
A.3130.1.300.200
A.3610.1.200.100
A.5182.1.100.100
A.6772.1.100.100
A.6772.1.100.300
A.8660.1.100.100
From:
A.1310.1.100.100
A.1420.4.600.100
A.1410.1.100.100
A.1620.1.100.100
A.3020.4.100.550
A.3020.4.100.600
A.3020.4.200.100
A.3020.4.400.600
A.3020.4.600.200
A.3020.4.600.400
A.3120.1.300.100
A.3130.1.100.100
A.3610.4.500.300
A.5010.1.200.100
A.6772.1.200.100
A.6772.4.100.700
A.8160.4.400.100
A.9010.8.000.000
11
Accounting, P.S., Vacation Earnings
Town Attorney, C.E., Dues & Subscriptions
Records Management, P.S., Regular Earnings
Records Management, P.S., Regular Earnings
Public Works Admin, P.S., Regular Earnings
Public Works Admin, P.S., Vacation Earnings
Buildings & Grounds, P.S., Overtime Earnings
PSD, P.S., Regular Earnings
PSD, P.S., Holiday Earnings
PSD, P.S., Regular Earnings
Police, P.S., Regular Earnings
Police, P.S., Overtime Earnings
Police, P.S., Regular Earnings
Bay Constable, P.S., Overtime Earnings
Bay Constable, P.S., Regular Earnings
Bay Constable, P.S., Overtime Earnings
Examining Boards, P.S., Regular Earnings
Street Lighting, P.S., Regular Earnings
Program for the Aging, P.S., Regular Earnings
Program for the Aging, P.S., Vacation Earnings
Comm. Development, P.S., Regular Earnings
Accounting, P.S., Regular Earnings
Town Attorney, C.E., Litigation Expenses
Town Clerk, P.S., Regular Earnings
Buildings & Grounds, P.S., Regular Earnings
PSD, C.E., Equipment Parts & Supplies
PSD, C.E., Uniforms & Accessories
PSD, C.E., Telephone
PSD, C.E., Equipment Maintenance & Repairs
PSD, C.E., Meetings & Seminars
PSD, C.E., Training
Police, P.S., Regular Earnings
Bay Constable, P.S., Regular Earnings
Examining Boards, C.E., CAC
Supt. Of Highways, P.S., Regular Earnings
Program for the Aging, P.S., Regular Earnings
Program for the Aging, C.E., Food
Refuse & Garbage, C.E., Misc. Activities
NYS Retirement
General Fund Part Town
To:
B.3620.1.100.300 Building Dept., P.S., Vacation Earnings
B.3620.1.100.400 Building Dept., P.S., Sick Earnings
$ 50.00
200.00
2,400.00
325.00
2,300.00
35.00
1,900.00
11,800.00
1,400.00
225.00
9,900.00
30.00
3,000.00
1,600.00
400.00
5.00
500.00
2,990.00
7,200.00
400.00
3,800.00
$ 50.00
200.00
2,725.00
4,235.00
1,300.00
950.00
2,800.00
350.00
500.00
160.00
12,900.00
9,400.00
500.00
2,990.00
4,800.00
2,800.00
1,200.00
2,600.00
$ 50.00
250.00
April 12, 2005 12
Southold Town Board Regular Meeting
From:
B.3620.1.100.100 Building Dept., P.S., Regular Earnings
Highway Fund Part Town
To:
General Repairs, P.S., Vacation Earnings
Machinery, P.S., Regular Earnings
Brush & Weeds, P.S., Overtime Earnings
Snow Removal, P.S., Overtime Earnings
DB.5110.1.100.300
DB.5130.1.100.100
DB.5140.1.100.200
DB.5142.1.100.200
From:
DB.5110.1.100.100
DB.5140.1.100.100
DB.5142.1.100.100
Solid Waste District
To:
SR.8160.1.100.100
SR.8160.1.100.200
From:
SR.1910.4.300.100
SR.8160.1.200.100
General Repairs, P.S., Regular Earnings
Brush & Weeds, P.S., Regular Earnings
Snow Removal, P.S., Regular Earnings
Refuse & Garbage, P.S., Regular Earnings
Refuse & Garbage, P.S., Overtime Earnings
Insurance, C.E., Auto/Inland Marine
Refuse & Garbage, P.S., Regular Earnings
Wastewater Disposal District
To:
Sewage Treatment, P.S., Regular Earnings
Social Security Benefits
SS1.8130.1.100.100
SS1.9030.8.000.000
From:
SS1.8130.1.100.200
SS1.8130.4.500.900
$ 300.00
$150.00
5,100.00
150.00
2,500.00
$ 5,250.00
150.00
2,500.00
$10,500.00
800.00
$ 4,100.00
7,200.00
$ 4,300.00
100.00
Sewage Treatment, P.S., Overtime Earnings $1,200.00
Sewage Treatment, C.E., Unallocated 3,200.00
SUPERVISOR HORTON: Again, this is the final closing of 2004 books, prior to audit.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#198
Moved by Councilman Romanelli, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 General Fund
~Vhole Town budget as follows:
To:
A.1220.1.100.100
A.1410.1.100.200
A.1410.4.100.550
A.1420.1.100.200
A.1420.1.100.300
Supervisor, P.S.
Full-Time Employee Regular Earnings
Town Clerk, P.S.
Full-Time Employee Overtime Earnings
Town Clerk, C.E.
Equipment Parts & Supplies
Town Attorney, P.S.
Full-Time Employee Overtime Earnings
Town Attorney, P.S.
Full-Time Employee Vacation Earnings
$100.00
975.00
50.00
7,500.00
2,100.00
April 12, 2005
Southold Town Board
A.1460.1.100.100
A.1490.1.100.100
A.1490.1.100.300
A.1620.1.100.200
A. 1620.4.200.300
A.1670.4.600.500
A.3120.1.100.100
A.3120.1.100.200
A.3120.1.200.100
A.3120.4.400.700
A.3120.4.500.200
A.3130.1.100.200
A.3610.1.200.100
A.3640.1.200.100
A.3640.4.400.100
A.5182.4.100.200
A.5182.4.200.250
A.5650.2.100.100
A.6772.1.100.300
A.8090.4.500.600
A.8660.1.100.100
A.8660.4.100.300
From:
A.1220.1.200.100
13
Regular Meeting
Records Management, P.S.
Full-Time Employee Regular Earnings
Public Works Administration, P.S.
Full-Time Employee Regular Earnings
Public Works Administration, P.S.
Full-Time Employee Vacation Earnings
Public Works Administration, P.S.
Full-Time Employee Overtime Earnings
Buildings & Grounds, C.E.
Gas
Central Copying & Mailing, C.E.
Express Mail
Police, P.S.
Full-Time Employee Regular Earnings
Police, P.S.
Full-Time Employee Overtime Earnings
Police, P.S.
Part-Time Employee Regular Earnings
Police, C.E.
Vehicle impound
Police, C.E.
Interpreter Service
Bay Constable, P.S.
Full-Time Employee Overtime Earnings
Examining Boards, P.S.
Part-Time Employee Regular Earnings
Emergency Preparedness, P.S.
Part-Time Employee Overtime Earnings
Emergency Preparedness, C.E.
Fishers Island Deputy Coordinator
Street Lighting, C.E.
Gas & Oil
Street Lighting, C.E.
Street Light Power
Off-Street Parking, C.E.
Salt/Sander
Programs for the Aging, P.S.
Full-Time Employee Vacation Earnings
Trustees, C.E.
Court Reporter
Community Development, P.S.
Full-Time Employee Regular Earnings
Community Development, C.E.
Affordable Housing Supplies
Supervisor, P.S.
1,100.00
3,025.00
875.00
175.00
850.00
100.00
5,400.00
10.00
1,050.00
200.00
2,500.00
325.00
175.00
1,200.00
500.00
600.00
12,300.00
5,000.00
10.00
325.00
4,700.00
60.00
April 12, 2005
Southold Town Board
A.1410.1.100.100
A.1420.1.100.400
A.1490.1.100.200
A.1620.1.100.100
A.1620.4.100.550
A. 1670.4.600.400
A.3120.1.300.100
A.3120.4.600.200
A.3130.1.100.200
A.3610.4.500.300
A.3640.4.600.200
A.5182.1.100.100
A.5182.1.100.200
A.5182.2.500.500
A.5182.4.100.500
A.5182.4.100.550
A.5182.4.400.650
A.5650.4.100.100
A.5650.4.100.905
A.6772.1.100.100
A.8090.4.600.200
A.8660.1.100.200
A.8710.4.100.100
14
Regular Meeting
Part-Time Employee Regular Earnings
Town Clerk, P.S.
Full-Time Employee Regular Earnings
Town Attorney, P.S.
Full-Time Employee Sick Earnings
Public Works Administration, P.S.
Full-Time Employee Overtime Earnings
Buildings & Grounds, P.S.
Full-Time Employee Regular Earnings
Buildings & Grounds, C.E.
Equipment Parts & Supplies
Central Copying & Mailing, C.E.
Postage
Police, P.S.
Seasonal Employee Regular Earnings
Police, C.E.
Police Officer Training
Bay Constable, P.S.
Full-Time Employee Regular Earnings
Examining Boards, C.E.
CAC
Emergency Preparedness, C.E.
Meetings & Seminars
Street Lighting, P.S.
Full-Time Employee Regular Earnings
Street Lighting, P.S.
Full-Time Employee Overtime Earnings
Street Lighting, P.S.
Street Light Fixtures
Street Lighting, P.S.
Motor Vehicle Parts & Supplies
Street Lighting, P.S.
Street Light Parts & Supplies
Street Lighting, P.S.
Motor Vehicle Maintenance & Repairs
Off-Street Parking, C.E.
Miscellaneous Supplies
Off-Street Parking, C.E.
Asphalt
Programs for the Aging, P.S.
Full-Time Employee Regular Earnings
Trustees, C.E.
Meetings & Seminars
Community Development, P.S.
Full-Time Employee Overtime Earnings
Land Preservation, C.E.
$100.00
2,125.00
9,600.00
2,000.00
2,075.00
850.00
100.00
6,460.00
2,700.00
325.00
175.00
1,700.00
3,750.00
550.00
3,850.00
750.00
1,450.00
2,550.00
4,900.00
100.00
10.00
325.00
2,150.00
April 12, 2005 15
Southold Town Board Regular Meeting
Office Supplies 300.00
A.8710.4.400.200 Land Preservation, C.E.
Land Use Consultants 2,310.00
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
AMENDED May 24, 2005 by Resolution #320 and June 7, 2005 by Resolution #361
#199
Moved by Councilman Edwards, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby approves a leave of absence to a
certain employee conunencing with said employees last day of actual work on December 6~ 2004~
through May 6~ 2005, utilizing accumulated sick, vacation, and compensatory and personal time; and
be it further
RESOLVED that effective May 6, 2005, said employee be placed on leave without pay under FMLA,
for surgery and recuperation period, with a return date of June 7th 2005, and will remain on the Town's
group health insurance at no cost to the employee from this date through and including June 2005.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#2OO
Moved by Councilman Ross, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 Solid Waste
District budget~ as follows:
To:
Appropriations
SR.8160.1.100.200 Employee Overtime
SR.8160.4.100.200 Diesel Fuel
SR.8160.4.100.596 Maint/Supply Tub Grinder 2
SR.8160.4.200.100 Telephone
SR.8160.4.400.805 MSW Removal
$ 63.46
$ 1,197.14
$ 1,555.32
$ 254.96
$ 8,549.28
From:
Appropriations
SR.8160.1.100.100 Full Time Regular Earnings
SR.8160.4.100.566 Maint/Cat Quarry Truck
SR.8160.4.100.580 Maint/Ford Tractor
SR.8160.4.400.810 C&D Removal
$ 63.46
$ 1,197.14
$ 1,555.32
$ 8,804.24
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#201
Moved by Justice Evans, seconded by Councilman Romanelli, it was
April 12, 2005 16
Southold Town Board Regular Meeting
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 Highway Fund
Part Town budget as follows:
To:
DB.5110.1.100.300
DB.5110.1.100.400
From:
DB.5110.1.100.100
General Repairs, P.S.
Vacation Earnings
General Repairs, P.S.
Sick Earnings
$ 200.00
100.00
General Repairs, P.S.
Regular Earnings $ 300.00
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#2O2
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town Clerk
Elizabeth Neville to attend the 23rd Annual New York State Town Clerks Association Conference
at Buflhlo, New York on April 17-20, 2005, and all necessary expenses for registration, travel, and
accommodations shall be a legal charge to the A. 1410.14.600.200 & 300 Town Clerk 2005 Budget.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#2O3
Moved by Councilman Romanelli, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute an agreement between the Town of Southold and the
Suffolk County Board of Elections for use of the Southold Town Recreation Center as a Polling
Place for 2005 and 2006~ provided they file with the Town Clerk a Certificate of Insurance in the
amount of $1,000,000.00, all in accordance with the approval of the Town Attorney.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#2O4
Moved by Councilman Edwards, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Horton to sign an Amendment to the Downtown Revitalization Program's Round III
Program~ with Suffolk County Department of Economic Development, for an extension until June
20, 2005 for the Cutchogue Downtown Revitalization Program, subject to the approval of the Town
Attorney.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
April 12, 2005 17
Southold Town Board Regular Meeting
#205
Moved by Councilman Ross, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby rescinds Resolution #874 of 2004
adopted December 14~ 2004~ which read as follows:
WHEREAS, the Town Board of the Town of Southold has proposed to decommission the scavenger
waste facility located on Moore's Lane on properties leased from the Village of Greenport, which will
include removal of all structures, buildings, tanks, roads and other features of the facility and
restoration of the site to its pre-existing condition: and
WHEREAS, the Town Board has proposed to undertake the action itself and is therefore assuming
lead agency status; and
WHEREAS the proposed project is an Unlisted action pursuant to SEQRA; and
WHEREAS a Full Environmental Assessment Form (Parts 1, 2 and 3) dated December 2004 has been
prepared and reviewed; and it is hereby
RESOLVED that the Town Board of the Town of Southold determines that the proposed action will
not result in a significant effect on the environment as evidenced in the contents of the Long EAF
prepared for the Town Board by L. K. McLean Associates, P.C. dated December 2004; and it is further
RESOLVED that the Town Board adopts a Negative Declaration pursuant to SEQRA for the
decommissioning of the scavenger waste facility and restoration of the site to its pre-existing
condition.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#2O6
Moved by Justice Evans, seconded by Councilman Wickham,
WHEREAS, the Town Board of the Town of Southold has proposed to decommission the scavenger
waste facility located on Moore's Lane on properties leased from the Village of Greenport, which will
include removal of all structures, buildings, tanks, roads and other features of the facility and
restoration of the site to its pre-existing condition: and
WHEREAS, the Town Board has proposed to undertake the action itself and is therefore assuming
lead agency status; and
WHEREAS the proposed project is an Unlisted action pursuant to SEQRA; and
WHEREAS a Full Environmental Assessment Form (Parts 1, 2 and 3) dated April 2005 has been
prepared and reviewed; and it is hereby
RESOLVED that the Town Board of the Town of Southold determines that the proposed action will
not result in a significant effect on the environment as evidenced in the contents of the Long EAF
prepared for the Town Board by L. K. McLean Associates, P.C. dated April 2005; and it is further
RESOLVED that the Town Board adopts a Negative Declaration pursuant to SEQRA for the
decommissioning of the scavenger waste facility and restoration of the site to its pre-existing
condition; and it is further
RESOLVED that the Town Clerk is directed to forward a copy of this resolution and the Long EAF to
the Village of Greenport, the Department of Environmental Conservation, and the Suffolk County
Department of Health Services.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
April 12, 2005 18
Southold Town Board Regular Meeting
#2O7
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold, in accordance with Town Code Section
90-9, hereby determines that the demolition charge for property owned by Bremer's Market and
Deli~ Inc. in the amount of $7~294.65 remains unpaid~ shall be levied against the real property of
Bremer's Market and Deli~ Inc, and shall be collected at the same time and in the same manner as
Town taxes.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#2O8
Moved by Councilman Romanelli, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute the Engineering Services Proposal between the Town of
Southold and H2M Group regarding the Sampling and Laboratory Analysis Program at the Landfill,
subject to the approval of the Town Attorney.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#2O9
Moved by Councilman Edwards, seconded by Justice Evans, 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.1490.1.100.200
SR.8160.4.100.608
Administration Overtime
Composting Urea
$ 7,500.00
$ 2,500.00
From:
Appropriations
SR.8160.1.100.100 Personal Services Regular Earnings $ 7,500.00
SR.8160.4.500.150 Groundwater Monitoring $ 2,500.00
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#210
Moved by Councilman Ross, seconded by Justice Evans,
WHEREAS, the proposed "Local Law in Relation to Updating the Community Preservation
Project Plan" proposes to add thirteen (13) properties, totaling approximately 10.43 acres, to the
existing January 2003 List of Eligible Parcels included in the Community Preservation Project
Plan; and
April 12, 2005 19
Southold Town Board Regular Meeting
WHEREAS, the updated Community Preservation Project Plan is intended to allow the Town to
continue to protect and preserve the community character, natural resources, scenic vistas and
historic places, and thus the update to the Community Preservation Project Plan is expected to
result in a beneficial, rather than adverse environmental impact; and
WHEREAS, the proposed Local Law will result in an overall net environmental benefit given
the need to protect and enhance the ecological and natural resources, open space, groundwater
resources, scenic vistas and historic places of the Town for the benefit of all residents; and
WHEREAS, the Town Board of the Town of Southold is the only involved agency pursuant to
SEQRA Rules and Regulations; and
WHEREAS, the Short Environmental Assessment Form prepared for this project is accepted
and attached hereto; be it therefore
RESOLVED that the proposed "Local Law in Relation to Updating the Community
Preservation Project Plan" is classified as an Unlisted action pursuant to the SEQRA Rules and
Regulations, 6NYCRR 617.1 et. seq.; and be it further
RESOLVED that the Town Board of the Town of Southold as lead agency~ has conducted an
uncoordinated review, and hereby f'mds no significant impact on the environment and adopts a
negative declaration pursuant to SEQRA Rules and Regulations for this proposed Local Law.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#211
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Horton to sign the 2005 Connnunity Development Block Grant Agreement between
the Town of Southold and the County of Suffolk subject to the approval of the Town Attorney.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#212
Moved by Councilman Wickham, seconded by Councilman Romanelli,
WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights
easement on part of a certain parcel of property of agricultural lands owned by Badenchini Family
Limited Partnership, pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town
of Southold. Said property is identified as SCTM #1000-95-1-5. The address is 6375 Oregon Road,
Cutchogue, New York, and is located on the northerly side of Oregon Road, approximately 135 feet
northwesterly from the intersection of Alvah's Lane and Oregon Road in Cutchogue. The proposed
acquisition comprises approximately 23.88 acres (subject to survey) of the approximately 32.73 acre
parcel. The purchase price is $30,000 (thirty thousand dollars) per buildable acre. The exact area of the
purchase is subject to a survey acceptable to the Land Preservation Committee. The Town may be
eligible for a grant from the United States Department of Agriculture 2005 Federal Farm and Ranch
Lands Protection Program or the New York State Department of Agriculture, 2004 Agricultural and
Farmlands Protection Program and part of the purchase price may be reimbursed from one of these
agencies; be it therefore
April 12, 2005 20
Southold Town Board Regular Meeting
RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted
Action pursuant to the SEQRA Rules and Regulations~ 6NYCRR 617.1 et. Seq.; be it further
RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only
involved agency pursuant to SEQRA Rules and Regulations; be it further
RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form
prepared for this project is accepted and attached hereto; be it further
RESOLVED that the Town Board of the Town of Southold hereby finds no significant hnpact on
the enviromnent and declares a negative declaration pursuant to SEQRA Rules and Regulations
for this action.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#213
Moved by Councilman Romanelli, seconded by Justice Evans,
WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights
easement for open space purposes on the properly currently owned by Peter F. Harper with the Peconic
Land Trust as contract vendee, pursuant to the provisions of Chapter 59 (Open Space Preservation) and
Chapter 6 (2% Community Preservation Fund) of the Code of the Town of Southold. Said properly is
identified as SCTM #1000-59-1-20.1. The address is 1920 Lake Drive, Southold, New York, and the
properly is located on the northeast corner of Lake Drive and West Drive in Southold. The proposed
acquisition is for an easement on the entire, approximately 0.72 acre (subject to survey) properly. The
Town's purchase price for the easement is $56,000 (fifly six thousand dollars) plus acquisition costs
associated with the transfer of title. The properly is being purchased by the Peconic Land Trust at
market value. The Peconic Land Trust's purchase is funded by private donors. The Peconic Land
Trust will then sell to the Town of Southold, as a Bargain Sale, a development rights easement on the
entire properly. As per Chapter 87 (Transfer of Development Rights) of the Code of the Town of
Southold, Section 87-5, the Land Preservation Coordinator has calculated that 1 (one) Sanitary Flow
Credit may be available for transfer from the parcel of properly upon the Town's purchase of the
easement. The transfer of the Sanitary Flow Credit into the Town TDR BaxLk will not be finalized, and
shall not occur, until the Town closes on the easement purchase, and the Town Board passes a
resolution allowing the transfer into the Town TDR Bank; and
WHEREAS, the subject properly and the other properties located north of Lake Drive and in the
vicinity of Lake Drive, are comprised of a wetland and dune system dominated by ecological
communities classified as maritime dunes and maritime freshwater interdunal swales. Both of these
community types are listed as rare in New York by the New York Natural Heritage Program (NYNHP)
and the maritime freshwater interdunal swale community is currently listed as globally rare. The
preservation and protection of this properly falls under multiple purposes of the Community
Preservation Project Plan, including, but not limited to, preservation and protection of open spaces and
scenic values, protection of wetlands, protection of significant biological diversity and protection of
unique and threatened ecological areas; now, therefore, be it
RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted
Action pursuant to the SEQRA Rules and Regulations~ 6NYCRR 617.1 et. Seq.; be it further
RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only
involved agency pursuant to SEQRA Rules and Regulations; be it further
April 12, 2005 21
Southold Town Board Regular Meeting
RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form
prepared for this project is accepted and attached hereto; and, be it further
RESOLVED that the Town Board of the Town of Southold hereby finds no significant hnpact on
the enviromnent and declares a negative declaration pursuant to SEQRA Rules and Regulations
for this action.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
AMENDED April 26, 2005 by Resolution #232
#214
Moved by Councilman Edwards, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby designated as surplus highway
equipment; a 1962 Kolman Conveyor, Model 45, Serial No. 62-31-18, and be it further
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to enter into an agreement with Corazzini Asphalt to transfer title to
the surplus Kolman Conveyor to Corazzini in exchange for unlimited use of Corazzini's Reed Power
Screen by the Highway Superintendent for a period of two years, subject to the approval of the Town
Attorney.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#215
Moved by Councilman Ross, seconded by Councilman Romanelli,
WHEREAS, the Town Board of the Town of Southold is conducting an uncoordinated SEQR Review
of an Unlisted Action involving the creation of Chapter 100 Article XVII of the Code of the Town of
Southold, Rural Incentive Districts; and
WHEREAS, the purpose of the legislation is to provide incentives for the preservation of lands in
agricultural production and open space throughout the Town of Southold, while simultaneously
preserving land equity. This Local Law does so by creating Rural Incentive Districts, by which
identified parcels of land could be rezoned, subject to a minimum term easement with restrictions on
development, and providing a mechanism for the negotiated purchase of fee title or development rights
to such parcels upon the termination of the minimum easement term. The Local Law also provides
incentives to the landowner to remain in the RID, and protections to ensure good faith bargaining.
NOW THEREFORE BE IT RESOLVED, that pursuant to Part 617 of the SEQR Regulations, the
Town Board of the Town of Southold hereby designates itself as the Lead Agency for the SEQR
Review of this Unlisted Action.
BE IT FURTHER RESOLVED, that pursuant to Part 617 of the implementing regulations pertaining
to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law, the
Lead Agency has determined that the proposed Unlisted Action will not have a significant
adverse effect on the enviromnent.
COUNCILMAN WICKHAM: I would like to recuse myself from this vote on 215 and 216 and any
other resolutions dealing with the RID, because it is conceivable that at some stage in the future if this
legislation should become law, lands owned by my family might actually be involved with it. So I
would like to recuse myself from these votes.
April 12, 2005 22
Southold Town Board Regular Meeting
SUPERVISOR HORTON: Thank you for doing so for the record. Noted that Councilman Wickham
has recused himself. Any further discussion?
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Romanelli,
Justice Evans, Supervisor Horton. Abstain: Councilman Wickham.
This resolution was duly ADOPTED.
#216
Moved by Justice Evans, seconded by Councilman Edwards,
WHEREAS, pursuant to Town Law §26 l-b, the Town Board of the Town of Southold has evaluated
the impact of the proposed "Local Law in Relation to Rural Incentive Districts" upon the potential
development of affordable housing; and
WHEREAS, the proposed Local Law is not contemplated in isolation, but rather as part of the broader
efforts of the Town to preserve lands in agricultural production and open space, create affordable
housing and redirect intensive development to proposed hamlet areas;
IT IS HEREBY RESOLVED, that the Town Board of the Town of Southold has and will take
reasonable action to mitigate any negative impact upon the availability or potential of affordable
housing caused by the enactment of the proposed Local Law~ incinding~ without llmitation~ the
recent enactment of the Affordable Housing District (AHD)~ the enactment of Chapter A106~
Subdivision of Land~ containing an affordable housing requirement for all standard
subdivisions~ and the enactment of Transfer of Development Rights legislation involving the
banking and transfer of sanitary flow credits for the purposes of providing affordable housing
within the Town.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Justice Evans, Supervisor
Horton. No: Councilman Romanelli. Abstain: Councilman Wickham.
This resolution was duly ADOPTED.
#217
Moved by Councilman Wickham, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for the reconstruction and restoration
of the Strawberry Fields Northwest Coruer Sports Fields, all in accordance with
specifications provided and prepared by the Town Engineer.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
AMENDED April 26, 2005 by Resolution # 252
#218
Moved by Councilman Romanelli, seconded by Justice Evans,
WHEREAS the Town Board of the Town of Southold has determined to initiate a cost saving measure
as operational costs for all Town facilities continue to rise sharply; and
WHEREAS it has been determined that Wednesday has the least amount of vehicle traffic, both
residential and commercial, at the Southold Town Solid Waste Transfer Station and compost facility;
now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes the closure to the
public of the Solid Waste Transfer Station and Yard Waste Compost facility on Wednesdays~
April 12, 2005 23
Southold Town Board Regular Meeting
beginning May 4~ 2005, in order to conserve resources and mitigate the impacts of escalating costs
that are beyond the control of the Town Board, and be it further
RESOLVED that the Town Board authorizes and directs the Town Clerk to publish a notice of
closing of the Transfer Station in both the Suffolk Times and Traveler Watchman during the month
of April.
COUNCILMAN ROMANELLI: Just to clarify that, the landfill, the Transfer Station, will be closed
on Wednesday's from May 4th going forward.
TOWN ATTORNEY FINNEGAN: And add to that to further resolve for the Town Clerk to publish
notice of that in the Traveler Watchman and the Suffolk Times.
SUPERVISOR HORTON: Let the record reflect that the motion, the resolution was moved by
Councilman Romanelli seconded by Justice Evans, with the amendment authorizing advertising in
both the Suffolk Times and the Traveler Watchman, through the month of May.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#218A
Moved by Councilman Edwards, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby amends resolution #159 adopted
at the March 29~ 2005 meeting to read as follows and be it further
RESOLVED that the Town Board authorizes and directs the Town Clerk to re-transmit the amended
proposed Local Law entitled "A Local Law in relation to the Height of Buildings of Residential
Structures" to the Southold Town Planning Board and the Suffolk County Department of Planning for
their recommendations and reports.
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,
New York, on the 29th day of March 2005 a Local Law entitled "A Local Law in relation to the Height
of Buildings of Residential Structures" 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 10th day of
Mac 2005 at 8:00 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 the Height of Buildings of Residential
Structures" reads as follows:
LOCAL LAW NO. 2005
A Local Law entitled "A Local Law in Relation to the Height of Buildings of Residential Structures".
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
I. Purpose- To clarify and establish clear standards governing the maximum building height of
residential structures to further preserve the character of single-family neighborhoods. The changes
will create a clear definition for "Height of Building", create a separate definition for "Flat and Low-
pitched Roof', establish a maximum building height for the flat and low-pitched roof, and create a
height limit of twenty-eight feet on lots with a width seventy (70) feet or less.
Additionally, this law introduces a "building height envelope law" which is designed to prevent
overcrowding and prevent the loss of open space, air, sunlight and privacy to neighbors. This new law
establishes a vertical and horizontal building envelope based on the building setback to the nearest
property line.
II. Chapter 100 of the Zoning Code of the Town of Southold is hereby amended as follows:
§ 100-13. Definitions.
April 12, 2005 24
Southold Town Board Regular Meeting
B. Definitions and Usages.
FLAT AND LOW-PITCHED ROOF- Any roof that has a pitch of less than 4:12.
HEIGHT OF BUILDING -- The vertical distance measured from the average elevation of the existing
natural grade adjacent to the building, before any alteration or fill, tc
............................................... e .......................... e ........... : v ....... to e
lowest point of the eaves for flat and low-pitched roofs, and to the hi~hest point of the ridge for other
Wpe roofs.
~100-32.
The Bulk Schedule for Residential Dis~icts is amended as a~ached.
~ 100-34. Buildine Heieht Envelope.
A. Lot width of sevenN (70) feet or less. All buildines on lots within the A-C, R-80, R-120, R-
200 and R-400 dis~icts shall be set back from all properN lines so that the heieht of any point
of the buildine shall not exceed the horizontal distance be~veen the nearest properN line and
the closest point of the buildine, on a ratio of 1:1
B. Lot width over sevenN feet, when cons~uction is on vacant lot only. All buildines on lots
within the A-C, R-80, R-120, R-200 and R-400 dis~icts shall be set back from all properN
lines so that the heieht of any point of the buildine shall not exceed the horizontal distance
be~veen the nearest properN line and the closest point of the buildine, on a 1:1 ratio;
C. Domers are pe~tted ~to ve~ical setbac~ on a~ b~d~gs~ not to exceed twenty five
percent (25%) of the total roof len~h.
D. Notwithstand~g any pro~sions to the contrary~ the maim heist ~t for a~
b~d~gs shall not exceed the maim ~ the b~k sched~e.
SUPERVISOR HORTON: As a point of clarification for the sake of the public, this amendment, this
resolution reflects an amendment that was made to Nvo local laws, I believe, or a local law that is up
for public hearing on May 10m of this year and this will be, the content read in the resolution this
evening will be advertised in the local, the official paper of the Town, leading up to that public
hearing.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supe~isor Horton.
This resolution was duly ADOPTED.
SUPERVISOR HORTON: I believe that brings us as far as we can on the resolutions prior to our
public hearings. If we may, if the Board will agree, what I would like to do is since we have passed
the time of the first public hearing, which is the Rural Incentive District, we do have Melissa Spiro
here with us for the three public hearings on development rights purchases and the amendment to the
Community Preservation. I would like to move ahead with the public hearing that was scheduled for
8:05 and we can do so because we are passed that time frame.
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 four (4) public hearings on the matters of (1.) HEARING ON "A LOCAL LAW IN
RELATION TO RURAL INCENTIVE DISTRICTS"; (2.) HEARING ON THE PURCHASE
OF A DEVELOPMENT RIGHTS EASEMENT ON A PORTION OF THE PROPERTY OF
BADENCHINI, SCTM #1000-95-1-5; (3.) HEARING ON "A LOCAL LAW IN RELATION TO
UPDATING THE COMMUNITY PRESERVATION PLAN" AND (4.) HEARING ON THE
PURCHASE OF DEVELOPMENT RIGHTS EASEMENT FOR OPEN SPACE PURPOSES ON
April 12, 2005 25
Southold Town Board Regular Meeting
THE PROPERTY OF HARPER~ WITH PECONIC LAND TRUST AS CONTRACT VENDEE~
SCTM #1000-59-1-20.1.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
SUPERVISOR HORTON: And we will continue with the remaining resolutions, starting, I believe,
with 219, which is the RID.
#219
Moved by Councilman Romanelli, seconded by Councilman Edwards,
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,
New York, on the 15th day of March, 2005 a Local Law entitled "A Local Law in relation to Rural
Incentive Districts", 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 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 Rural Incentive Districts".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Le.qislative Intent.
Open space and farmland constitute key components of the Town of Southold's rural character. These
areas provide the cornerstone of the land use environment valued by year-round residents as well as
visitors. Numerous planning documents and studies in the Town's comprehensive planning over the
past 20 years have recognized this value and have recommended strategies to preserve these resources.
In recent years, the Town has engaged in an aggressive effort to preserve open space and farmland
through the use of a variety of conservation tools, including purchase of development rights, outright
fee title purchase, and cluster development. The Town has joined with other governmental agencies at
the Federal, State and County levels, and with conservation groups such as the Peconic Land Trust and
the Nature Conservancy, to further its efforts.
In addition, the Town has made use of various long- and short-term funding options to purchase
interests in open space and farmland, such as the Community Preservation Fund (CPF) transfer tax,
voter-approved bonds and grants. The Town Board recognizes that preservation efforts must continue
in accordance with the Town's comprehensive planning efforts and initiatives. Additional funds will
be required, and if possible, leveraged, to enable the Town to continue to purchase interests in open
space and farmland and retain the Town's rural character.
The Town Board determines that its land preservation efforts can best be accomplished through
a number of legislative initiatives. This local law creates a new incentive district, or floating zone
classification. Known as the Rural Incentive District (RID), the RID is intended to encourage the
preservation and conservation of open space and farmland, while preserving land equity. It is intended
to provide incentive to Landowners dedicated to the preservation and conservation of open space and
farmland, while providing the Town with a means to prioritize lands at risk of development. New
York State Town Law Section 261-b provides the framework to accomplish these goals.
Chapter 100 of the Code of the Town of Southold is hereby amended to create
a new Article XVII, as follows:
Sec. 100-170. Purpose.
April 12, 2005 26
Southold Town Board Regular Meeting
In order to provide for the safety, health and welfare of the public, it is necessary and appropriate to
provide incentives for the preservation of lands in agricultural production and open space throughout
the Town of Southold. This Local Law would do so by creating a Rural Incentive District by which
identified parcels of land could be rezoned, subject to a minimum term easement with restrictions on
development, and providing a mechanism for the negotiated purchase of fee title or development rights
to such parcels upon their end of the minimum easement term. The Local Law would also provide
incentives to the landowner to remain in the RID, and protections to ensure good faith bargaining.
100-171. Definitions.
The terms and words used in this Article shall be given the meaning and uses as defined in this Article,
or if not defined herein, those defined or generally attributable to them in other sections of this
Chapter.
INCENTIVE ZONING DISTRICT -- A zoning district created pursuant to Town Law Section 261-b,
wherein specific incentives or bonuses are granted on the condition that specific physical, social or
cultural benefits or amenities would inure to the community.
100-172. Classification.
A. The Rural Incentive District (RID) is established as an Incentive
Zoning District pursuant to Town Law Section 261-b.
B. The RID classification may be considered on a floating zone basis. Upon rezoning to the RID
classification, all principal and accessory uses, restrictions, controls and incentives listed in the RID
shall govern the lands subject to the RID classification. All other restrictions and controls in the
underlying zoning district shall remain applicable.
100-173. Requirements for EliRibility.
All properties meeting the standards and criteria set forth in this Article shall be deemed
eligible for rezoning as a RID. In order to be considered for rezoning within the RID, lands in the
Town of Southold must meet the following criteria:
A. The lands must consist of a sub-dividable parcel meeting the Town's preservation goals and
included in the Community Preservation Project Plan (CPPP), which may consist of a lot designated as
a separate tax map number, or of two or more contiguous lots with separate tax map numbers. A
landowner may also apply for the rezoning of additional land contiguous to property already in the
RID classification.
B. A parcel must be land in agricultural production as defined in Chapter 25 of the Town Code
of the Town of Southold, or open space, as defined in Chapter 59 of the Town Code of the Town of
Southold.
C. The Town Board must find that the parcel provides an environmental, physical,
economic, aesthetic, social or cultural benefit to the Town.
100-174. ZoninR Approval; Application and review procedure.
The Town Board may rezone lands from that of their underlying zoning district to the RID
classification upon written application of the landowner pursuant to this Article.
A. Application. An applicant shall submit two (2) copies of the following to the Town Board:
1. Form of Application approved by the Town Board, including the name of the owner and/or
applicant, description of current use of the property, and disclosure affidavit;
2. Deed(s) covering all lands for which application is made;
3. Survey(s) or map(s) showing all lands proposed to be included within the RID, and any
improvements on those lands.
B. Environmental Review. The Town Board shall comply with SEQRA in acting upon any
application for the rezoning of any lands to the RID classification. Furthermore, pursuant to Town
April 12, 2005 27
Southold Town Board Regular Meeting
Law Section 261-b, the Town Board shall prepare a generic environmental impact statement pursuant
to 6 NYCRR 617.5 for any zoning district in which the granting of incentives of bonuses have a
significant effect on the environment before any such district is designated, and such statement shall be
supplemented from time to time by the Town Board if there are material changes in circumstances that
may result in significant adverse impacts. The applicant for RID classification shall pay a
proportionate share of the cost of preparing such environmental impact statement.
C. Referral. After receipt of a complete application and the conduct of all required
environmental review, the Town Board shall refer the application to the Planning Board
and to the Land Preservation Committee and, as applicable, to the Agricultural Advisory
Committee, for review and recommendation. The Planning Board and other committees
shall provide a report within thirty (30) days of the date of the meeting at which the
referral is received. No action shall be taken by the Town Board until receipt of the
Planning Board report and other Committee reports, as applicable, or the expiration of its
30-day review period, whichever comes first. The review period may be extended by
mutual consent of the applicant, the Town Board, the Planning Board, and, as applicable,
the Land Preservation Committee and/or the Agricultural Advisory Committee.
D. Planning Board Report. The Planning Board may recommend approval, approval with
conditions, or disapproval of the proposed rezoning. In preparing its report, the Planning Board shall
take into account the recommendations of the Southold Town Farm and Farmland Protection Strategy,
adopted as policy by Town Board resolution of January 18, 2000 and supporting documents, the
studies contained in the Town's comprehensive planning efforts and initiatives, the existing
characteristics of the property and the surrounding properties, the environmental, social, physical,
aesthetic, economic and cultural aspects of the property and its surroundings, and such other factors as
may be
necessary to carry out the purposes of this Article and this Chapter. The Planning Board
shall further evaluate the effects of the incentives provided by virtue of the provision of
the community benefit, i.e., the preservation of agricultural lands or open space, and
whether the subject parcel will contain adequate resources, environmental quality and
public facilities, including adequate transportation, water supply, waste disposal and fire
protection. The Planning Board's report shall provide detailed reasons for its
recommendation.
E. Public Hearing. Within thirty (30) days of the receipt of the Planning Board report, or the
expiration of the Planning Board review period, whichever occurs first, the Town Board shall hold a
public hearing on the application, with the same notice prescribed for zoning amendments.
F. Town Board Action. Within thirty (30) days of the date of the closing of the public
hearing, the Town Board shall either approve or disapprove the rezoning and file its decision with the
Town Clerk, with notice to the applicant. In approving such rezoning, the Town board shall determine,
after considering the Planning Board's recommendation, and evaluating the effects of any potential
incentives which are possible by virtue of the provision of community amenities, that the subject parcel
contains adequate resources, environmental quality and public facilities, including adequate
transportation, water supply, waste disposal and fire protection, and that there will be no significant
environmentally damaging consequences and that such incentives or bonuses are compatible with the
development otherwise permitted. If approved, the Town Board
shall amend the zoning map of the Town in accordance with the approval and forward a
copy of the resolution containing the decision to the Planning Board, the Land
Preservation Committee, the Agricultural Advisory Committee, and the applicant. Any
April 12, 2005 28
Southold Town Board Regular Meeting
such approval shall be subject to the Conditions of Approval as set forth below in 100-
175 of this Chapter.
100-175. Conditions of Approval.
A. Easement.
1. Following a public hearing and approval of the rezoning pursuant to Chapter 100 of the
Town Code and Chapter 247 of the General Municipal Law, the Landowner shall enter a
Preservation Easement (the "Easement") with the Town, in the form provided by the Town,
which shall include the following:
a. An agreement that the property will remain as open space as defined in Chapter 59 of
the Town Code of the Town of Southold, or in agricultural production as defined in
Chapter 25 of the Town Code of the Town of Southold, for a minimum of eight (8)
years, except as provided in Section 100-177. Subdivision and/or 100-179. Hardship
Exit of this Article.
b. Restrictions regarding permitted principal and accessory uses on the property as set
forth in Section 100-175.B.
c. Restrictions for the construction of principal and accessory structures on the property as
set forth in Section 100-175.B.
d. Procedures limiting any subdivision of the property to a Conservation Subdivision or
Open Development Area.
e. Termination procedures as set forth in Section 100-176. Exit from the RID and/or 100-
179. Hardship Exit of this Article.
f. An agreement to compensate the Landowner for the Easement term in the event of a
sale to the Town of fee title or development rights, as provided in Section 100-178.
g. Notwithstanding the provisions of Section 100-175.B., land included within a New
York Agricultural District pursuant to Article 25AA of the Agricultural District Law
shall retain the benefits of such inclusion.
2. The easement shall be in a form acceptable to the Landowner, the Town Attorney's office
and consistent with the Town's form of Preservation Easement.
3. The easement shall be recorded in the Office of the Suffolk County Clerk.
B. Permitted Uses and Structures During the Easement Period.
1. Open Space as defined in Chapter 59 of the Town Code of the Town of Southold. Open
space lands may be converted to, and fallow fields may be returned to, Agricultural
Production without penalty.
2. Agricultural Production as defined in Chapter 25 of the Town Code of the Town of
Southold. Improvements to existing structures and the construction of new structures on
agricultural lands shall remain subject to all applicable restrictions, standards and
protections as would govern agricultural lands in the applicable zoning district(s).
§100-176. Exit from the RID.
A. The Rural Incentive District (RID) enrollment shall have a minimum term of eight (8) years.
The Landowner may elect to continue enrollment beyond the initial eight-year
term indefinitely. The Landowner may exit enrollment in the RID prior to the expiration
of the minimum term only by completing a Conservation Subdivision pursuant to Chapter
Al06 of the Town Code of the Town of Southold, Subdivision of Land, or pursuant to
Section 100-179 Hardship Exit, as provided herein. Upon completion of the minimum
term, the Landowner may exit enrollment by following the procedures provided herein.
The Town Board shall approve such exit from the RID and amend the zoning map of the
April 12, 2005 29
Southold Town Board Regular Meeting
Town in accordance with such exit and provide notification of such approval and
amendment to the Town Clerk, the Planning Board, the Land Preservation Committee
and the Landowner.
B. At any time during the easement period the Town may offer to purchase or the
Landowner may off'er to sell the development rights or fee title of all or of part of the
parcel. This off'er may be initiated at the discretion of either the Town or the Landowner,
by written notice to the other. Should the Town not have made an off'er to and reached an
agreement with the Landowner to purchase development rights or fee title of the subject
property after the first seven (7) years of the minimum term RID Easement, the
Landowner may exit the RID by providing the Town with a minimum of one (1) year's
written notice of the Landowner's intention to withdraw from the RID. Notice may be
given on a date no earlier than one (1) year prior to the end of the minimum term. If such
notice is given, the following procedure shall apply:
(1) Within forty-five (45) calendar days of receipt of a notice of Landowner's written intention
to withdraw, the Town shall provide the Landowner with a letter of intent. The letter of
intent shall either inform the Landowner of the Town's desire to purchase development
rights or fee title of the subject property, or release the Landowner from the RID. If the
Town's letter of intent releases the Landowner, the Landowner is free to leave the RID at
the end of one year's time from the Town's receipt of the Landowner's written notice of
intent to withdraw. Failure of the Town to respond within forty-five (45) calendar days
shall constitute such a release. In the event of such a release, the Landowner shall be
entitled to the zoning regulations applicable to the subject property in effect at the time of
the enrollment in the RID for a period of three (3) years subsequent to the exit from the
RID. In no event shall the Landowner be permitted to exit the RID prior to the expiration
of the minimum term except as provided in either of Sections 100-177 Subdivision or 100-
179 Hardship Exit below.
(2) If the Landowner has not been released from the RID by the Town as provided above,
within three (3) months of the Town's receipt of the Landowner's written notice of intent to
withdraw, the Town shall prepare an appraisal of the parcel and make an off'er to the
Landowner based upon the appraisal. The Land Preservation Committee shall issue a set of
written guidelines and assumptions for the preparation of all appraisals for the subject
property under this Article. All appraisals under this Article shall also follow the general
guidelines for the conduct of appraisals, which shall be issued from time to time by the
Land Preservation Committee and made available to Landowners prior to the enrollment of
the subject property in the RID. Included among those guidelines shall be the requirement
that appraisals be conducted on the assumption that the zoning regulations in effect at the
time of the enrollment in the RID remain applicable to the subject property at the time of
the appraisal. Failure of the Town to prepare an appraisal and make an offer within three
(3) months of its receipt of the Landowner's written notice shall automatically release the
Landowner from the RID at the end of one years' time from the Town's receipt of the
Landowner's written notice but in no event prior to the expiration of the minimum term. In
the event of such release, the Landowner shall be entitled to the zoning regulations
applicable to the subject property in effect at the time of the enrollment in the RID for a
period of three (3) years subsequent to the exit from the RID.
(3) Within forty-five (45) calendar days of receiving the Town's offer, the Landowner may
either accept the off'er from the Town, make a counteroffer based upon an appraisal
April 12, 2005
Southold Town Board Regular Meeting
30
provided by the Landowner to the Town, or reject the Town's offer. Any such appraisal
from which an off'er is made must conform to the guidelines and assumptions issued by the
Land Preservation Committee for that properly. If the Landowner makes a counteroffer,
and provides its appraisal, the Town shall disclose its initial appraisal to the Landowner at
such time. If the Landowner rejects the Town's off'er or fails to respond with a counteroffer
and appraisal within such forty-five (45) days, the Landowner may exit the RID at the end
of one year's time from the Town's receipt of the Landowner's written notice of intent to
withdraw but in no event prior to the expiration of the minimum term requirement, and the
subject properly shall be governed by the applicable zoning regulations in effect at the time
of such exit from the RID.
(4) If the Landowner makes a counteroffer based upon a disclosed appraisal and the
Landowner's appraisal and the Town's disclosed appraisal are no more than ten percent
(10%) apart, (i.e., the lesser of the two appraisals is ninety percent (90%) or more of the
greater of the two), the parties shall endeavor to reach an agreement. If the parties are
unable to reach an agreement within thirty (30) calendar days, the Landowner may exit the
RID at the end of one year's time from the Town's receipt of the Landowner's written
notice of intent to withdraw, but in no event prior to the expiration of the minimum term,
and upon exit, the subject properly shall be governed by the applicable zoning regulations
in effect at the time of such exit from the RID.
(5) If the Landowner makes a counteroffer based upon a disclosed appraisal and the appraisals
are more than ten percent (10%) apart, and if the Town and the Landowner are unable to
reach an agreement on the basis of the two disclosed appraisals within thirty (30) calendar
days, at the election of either party, a third appraisal shall be conducted in conformance
with the guidelines and assumptions mutually agreed upon by the parties. The parties shall
jointly agree on the selection of a party to prepare such third appraisal, which appraisal
shall be disclosed to both parties. If the parties are unable to agree upon the third appraiser
within ten (10) days, an appraiser not previously disclosed by either party in the
negotiations shall be selected at random from a list of appraisers periodically established by
the Town Board pursuant to this Local Law. The parties shall share equally in the expense
of the third appraisal, which shall be completed within sixty (60) days. Within thirty (30)
days of receipt of the third appraisal, the Town may elect to consider the average amount
listed in the three disclosed appraisals as its Final Off'er. If the Town elects not to do so, the
Landowner may exit the RID at the end of one year's time from the Town's receipt of the
Landowner's written notice of intent to withdraw, without penally, and the Landowner shall
be entitled to the zoning regulations applicable to the subject properly in effect at the time
of the enrollment in the RID for three (3) years subsequent to the exit from the RID.
(6) If the Landowner elects not to accept the Final Off'er extended by the Town within thirty
(30) days of such Final Off'er, the Landowner will be deemed by default to remain in the
RID unless the Landowner gives express written notice to the Town, within that time, that
the Landowner intends to exit the RID, with the understanding that the properly shall be
subject to the zoning regulations in effect at the time of such exit. If the Landowner
provides such timely written notice, the Landowner may exit the RID at the end of one
year's time from the Town's receipt of the Landowner's written notice of intent to
withdraw but in no event prior to the expiration of the minimum term requirement, and
upon exit the subject properly shall be governed by the applicable zoning regulations in
effect at the time of such exit from the RID. If such notice of exit is not provided, the
April 12, 2005
Southold Town Board Regular Meeting
31
Landowner shall remain in the RID and shall only be entitled to restart the exit process
provided in this section after the expiration of one year's time from its failure to accept the
Final Off'er.
(7) Within twelve (12) months of the Town's receipt of the Landowner's written notice of
intent to withdraw from the RID, the Town and the Landowner shall have concluded the
aforementioned process. If the process produces an agreement, the contract shall be signed
within thirty (30) days and all good faith efforts shall be made to conduct the closing within
thirty (30) days after contract signing. The specific deadlines provided herein may be
extended only upon the mutual written consent of both the Town and Landowner.
§100-177. Subdivision.
During the easement period, a landowner may apply to develop the property as a Conservation
Subdivision pursuant to Chapter Al06 of the Town Code of the Town of Southold, Subdivision of
Land. During the period of time the subject property remains in the RID, the Landowner's application
for such Conservation Subdivision shall be governed by the applicable lot area requirements in effect
at the time the subject property entered the RID, and pursuant to the procedures employed by the Land
Preservation Department, without reference to the appraisal process set forth above. During such
application process, the RID classification shall remain in effect.
§100-178. Easement Term Payment Incentive.
In the event the Town and Landowner execute an agreement for the sale of fee title or development
rights of property that has remained in the RID for a minimum of eight (8) years, upon the closing of
such sale the Town shall pay Landowner a certain amount as compensation for the full extent of the
Easement term, as follows:
1. A payment at the rate of 1.25 percent (0.0125) of the agreed-upon purchase price for each
year, or fraction thereof, that the property for which the Town has acquired fee title or the
development rights, has remained in the RID.
2. In the event such exit from the RID occurs via completion of a Conservation Subdivision,
such payment shall only be made for property for which the Town has acquired fee title or
development rights.
3. In the event that such exit from the RID occurs via completion of a Conservation
Subdivision, such payment shall be made only if such Conservation Subdivision meets the
requirements of a 75/75 Conservation Subdivision in accordance with the definitions and
procedures set forth in Chapter Al06, Subdivision of Land.
4. Such payment shall only be made for a maximum period of twenty-four (24) years, or a
maximum total of thirty percent (30%) of the total purchase price of the fee title or
development rights.
§100-179. Hardship Exit.
A Landowner may request early termination of the Easement by filing a written request with the Town
Clerk. The Town Board shall hold a public hearing upon notice, and may, upon its discretion, grant
such a request upon a showing of undue hardship or extraordinary circumstances, including but not
limited to death, illness or catastrophic economic loss. The Town Board may release the Landowner
from the obligations of the RID immediately and without penalty. In the event the Town Board grants
such a release, the Landowner shall be entitled to the zoning regulations applicable to the subject
property in effect at the time of the enrollment in the RID for a period of three (3) years subsequent to
the exit from the RID. In the event that a hardship release from the RID is granted to the Landowner
subsequent to a change in zoning applicable to the subject property, the grant of such a release shall be
conditioned upon the Landowner's provision to the Town of a right of first refusal on the purchase of
April 12, 2005 32
Southold Town Board Regular Meeting
development rights or fee title to the subject properly during the entirely of the three (3) year period of
zoning protection.
§100-179.1. Article 78 Procedure.
A person aggrieved under this Article may file an Article 78 proceeding. Such proceeding shall be
commenced within thirty (30) days of the filing of the decision with the office of the Town Clerk.
SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not affect 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.
SUPERVISOR HORTON: This is a local law, therefore it will be a roll call vote and I ask the Town
Clerk to please call the roll. Is there any discussion?
COUNCILMAN EDWARDS: I am going to vote for this. I would like to say to my fellow council
members and I don't know how this vote is going to come down, as people have commented, this has
been a law which has gone through a lot of work for three years, I have sat here tonight and heard
people on both sides of it and I feel, I would remind my colleagues that this is a voluntary law. There
is no gun at the head of the landowner that he should sign, he or she should join the program, they can
assess the risks, assess the rewards and make that decision. I would also say that it does, as Mr.
Krupski commented, respond to many families, in some cases complex family situations, multiple
ownership of properly where a sale of development rights in the present is not necessarily a feasible
option. Three years ago, the farmers in this community said 'just leave us alone.' This law is part of
leaving them alone, it is part of saying to a landowner, 'we are going to let you, if you put this land so
to speak, in the bank, you are making a commitment, a serious commitment, eight years is a serious
commitment and in exchange you have some protection of your equity. I do not agree with the
comments of Mr. Weir, that it is to onerous, the evaluation process at the end of the, when there is an
exit from the RID, I think it is a well thought out process and I think if three appraisals do not produce
a fair market value, I can't imagine how we can arrive at one. So, some will say this law can be
improved and I will be the first to say that ifa couple years in from the enactment of the law, we don't
have people signed up for it, that is an indication that it is not attractive to landowners. I believe it will
be attractive to landowners and I believe the incentive is important and I will also say, having been on
the Land Preservation Committee and having served as liaison to the Land Preservation Committee,
after eight years you can potentially earn a 10% bonus provided the sale of development rights or fee
simple produces at least a 75% reduction in density, that we have deals on the Land Preservation
Committee all the time where we get an appraisal and time drags on and there is a back and forth and
we end up with a second appraisal, if we knew that everyone of these would come in, we could close
the deal for 10% more than the first appraisal, the Land Preservation Committee would be very happy.
So I will gladly vote yes for this legislation.
COUNCILMAN ROSS: I join with Mr. Cooper in thanking Councilman Edwards and many other
people who have worked on this proposal and it is, a RID is an important tool and we should adopt a
form of it at some point. Someone mentioned earlier what the reasons, the person is not here now,
what the reasons are that we would go down this road and the reasons are laid out in the Blue-Ribbon
Commission and to summarize, we are trying to preserve our agricultural land, that is obvious. There
are certain aspects of this proposal that are important to note. One, is that if a landowner joins the
RID, the landowner does not get out without the Town having the ability, an option call it, to buy the
April 12, 2005 33
Southold Town Board Regular Meeting
development rights and that was important. That was, I believe, in essence, some of the objections
raised by the Farm Bureau, but that was something that was more or less negotiated and it is an
important element of this proposal. On the other hand, the mirror image of that is, the Town however
is not locked in. Mr. LaRocca talked about a mandate, that we are tying the hands of future Boards but
that is not really true because when the landowner exits the RID, if the Town doesn't want to buy the
development rights, the Town can say, 'sorry, we don't want it' and in that sense, the landowner is
giving something up. Giving up an option and the Town is not tying itself in, so there is no mandate.
We are not tying future Boards in that respect. There are problems, there are problems with the present
proposal and the first problem that I could almost look past is the three appraisals. The average of
three appraisals does not necessarily result in fair market value or a fair price, whatever it is. Three,
four appraisals results in a number that may not be relevant to what is fair. There was a proposal
during the development of this for two appraisers, one by the Town, one by the landowner and a
determination by an arbitrator at the choice of the landowner and that would be a far better approach. I
would suggest that most of these things could be negotiated out but ultimately, that would be a better
approach and that is my first problem with this. The second problem I have is with the incentive.
1.25% over 25 years results in a 30% check if the landowner is in for 24 years. 30% over the top of
fair market value, fair market value 24 years from now seems excessive to me. I have heard the
arguments on the other side, but it makes me feel as a taxpayer as ifI am renting open space. I would
feel more comfortable with less of an incentive over a shorter period of time and that is my second
objection. The third objection is that the incentive is still available for the landowner even though the
landowner enjoys presently the rights of subdivision, of a conservation subdivision, as we have
adopted that in the present subdivision code. And it seems as though if there is an incentive, there
should be a greater preservation element. And those are basically the three objections I have. I don't
think there is any hurry with regard to this legislation. There is no up-zoning on the horizon, which is
what in some respects, the RID is to protect the landowner from. And neither are we out of money.
We still have 2% money. So, in one sense, the RID was to give the Town a chance to buy other
properties that are more at risk but there is 2% money so there isn't an immediate need in that respect.
So, in light of the fact that there are some items that could be corrected in the legislation and for the
reasons I stated, I am going to vote no on this.
JUSTICE EVAnS: No. Not at the present time, in the current form.
SUPERVISOR HORTON: I didn't expect a vote on this tonight. When we came in to this, I thought it
was probably, we were going to receive a tremendous amount of public input, all worthy of regard and
further review. And as I reflect on what I heard this evening and reflect much of what I believe, there
are a few ways to look at this legislation. One is from a preservation component and yes, this Town
Board, over the past 18 months has worked very hard to put further preservation mechanisms in place
and approach, perhaps different, but yet geared toward preservation and geared toward the overall
maintenance, long-term maintenance of Southold Town as we know it. I really don't believe that
anybody on this Board or the Board prior to this or priors to that, had mal intent with regard to the
Town's well being and planning and their approach to planning. I think it is a difference in direction.
Which is why mine and Councilman Romanelli's campaign remained clean and above board the whole
time. Furthering my thought, I also look at it from a fiscal point of view. From a fiscal point of view,
people ask me 'well, why Supervisor Horton, are you a Conservative?' I am a Conservative for fiscal
purposes, for fiscal belief and I heard, I believe Kathy Tole, you hit on this and Mr. LaRocca and I
believe the Farm Bureau did as well. The notion of committing the Town financially to an unknown
price in the future is a concern to me as the CFO of the Town. I have control over our funds today and
when I became Supervisor in 2002 after 2001 election, I came into a budget that had a $500,000 deficit
April 12, 2005 34
Southold Town Board Regular Meeting
in one of its funds and I had to work my tail off to overcome that so it wouldn't be on the back of the
taxpayer but that was because of an unfunded revenue source that didn't come through. I would urge
the Town Board to look bigger and beyond this legislation as it pertains to a funding source. We do
have an opportunity, there seems to be a spirit of cooperation in Albany, at least for the moment, I
think that this Town Board and Town Board's of the other communities should lobby the state to mn
out the 2% tax beyond 2020, we were successful getting it, getting the son set pushed back to 2020, we
should go for another 10 or 20 years because the 2% fund, regardless of what we do with our zoning, is
a crucial component to our preservation efforts and it will be, I believe, for generations to come. But
that hasn't been done yet. So, and I also heard a whole host of other issues, Councilman Ross
highlighted much more articulately than I would hope to do tonight some of the concerns that he has
and I share many of them. Like everybody else in the room, I do support the concept of a Rural
Incentive District. I think at this point, the Rural Incentive District concept has been watered down
and it would be ineffective. So in effect, we are putting a law into place that chances are, people won't
sign in to. As a legislator, it is difficult to take pride in authorship or passing or voting on a piece of
legislation that is essentially going to be ineffective. I also made it very clear that I had an issue with
the incentive, I think the incentive should be on the front end if there is one, I also feel very strongly
because we have, we know what the monies are in our bank accounts today, we don't know what they
will be down the road. The window of opportunity, I don't know what that should be but I think that is
something that something is worthy of consideration is in consideration in the context of this and I also
think, and I made this very clear from the start, that my personal concept of the Rural Incentive District
was limited to actively farmed, owner occupied farmland. And I feel very strongly about that and I
have from the start. I also want to say momentarily before I vote, that Councilman Edwards has put a
lot of time and energy into this and he has worked hard to gain consensus, he has worked hard to put
something together that is worthy of legislative action. So I want to thank you for committing your
time to that and everybody else who has been involved with this. And Mr. Cooper, while you are
correct, Mr. Edwards is a good ally on the Board and I have come to find over the past 18 months that
every single person sitting up here has been a tremendous ally in addition to that. So, I agree but I
want to extend that beyond to the rest of the Board. So I am going to, at this point after that long and
boring diatribe, I am going to vote no on the Rural Incentive District as it is drafted tonight.
Vote of the Town Board: Aye: Councilman Edwards. No: Councilman Ross, Councilman
Romanelli, Justice Evans, Supervisor Horton. Abstain: Councilman Wickham.
This resolution was declared LOST.
#22O
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 29th day of March, 2005 a Local Law entitled "A Local Law in relation to
Updating the Community Preservation Proiect Plan" 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 given the 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. 5 of 2005
A Local Law entitled, "A Local Law in relation to Updating the Conununit¥ Preservation Project
Plan".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
April 12, 2005 35
Southold Town Board Regular Meeting
I. Purpose - The following thirteen (13) properties listed in the attached Exhibit, totaling
approximately 10.43 acres, are proposed to be added to the existing January 2003 List of Eligible
Parcels included in the Community Preservation Project Plan.
These properties are located in the Great Pond Wetland and Dune Area, situated north of Lake
Drive, and in the vicinity of Lake Drive in Southold, and are comprised of a wetland and dune system
dominated by ecological communities classified as maritime dunes and maritime freshwater interdunal
swales. Both of these community types are listed as rare in New York by the New York Natural
Heritage Program (NYNHP) and the maritime freshwater interdunal swale community is currently
listed as globally rare. The preservation and protection of these properties falls under multiple
purposes of the Community Preservation Project Plan, including, but not limited to, the preservation
and protection of open spaces and scenic values, protection of wetlands, protection of significant
biological diversity and protection of unique and threatened ecological areas.
II. Chapter 6 of the Code of the Town of Southold is hereby amended as follows:
§ 6-50. Community Preservation Project Plan adopted. [Amended 2-4-2003 by L.L. No. 2-2003]
A. For the reasons set forth in §6-45 hereof, the Town Board of the Town of Southold
hereby approves and adopts the Community Preservation Project Plan prepared by the Town's
Planning Department, the Land Preservation Committee, the Peconic Land Trust and Central Data
Processing and presented to the Town Board on August 4, 1998, during the Work Session portion of
the Town Board meeting, said plan being intended to constitute the Southold Community Preservation
Project Plan which is required by §64-e of the New York Town Law and Article I of Chapter 6 of the
Southold Town Code.
B. The Town Board of the Town of Southold hereby approves and adopts the January 2003
update to the Community Preservation Project Plan prepared by the Land Preservation Department and
Central Data Processing Department and presented to the Town Board on January 21, 2003, during the
Work Session portion of the Town Board meeting ~r~ ,~,~ ~r,~ ~,, ,~,~ ~,,, ,~ ~r ..... ~,~ ;,
...... t~ ............ t~vo. The 1998 List of Eligible Parcels shall be replaced by the January 2003 List
of Eligible Parcels presented to the Town Board during the January 21, 2003, Work Session.
C. The Town Board of the Town of Southold hereby approves and adopts the March 2005
update to the Community Preservation Project Plan which adds certain parcels in the Great Pond
Wetland and Dune Area in Southold to the List of Eligible Parcels. The text of the plan adopted by the
Town Board in 1998 (Plan dated July 1998) shall remain as adopted in 1998, with an updated March
2005 Executive Summary and updated cover pages. The January 2003 List of Eligible Parcels shall be
revised as of March 29, 2005 to include the identified Great Pond Wetland and Dune Area Parcels.
III. 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.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
Properties within Great Pond Wetland and Dune Area to be added to
Community Preservation Project Plan
January 2003 List of Eligible Parcels
April 12, 2005 36
Southold Town Board Regular Meeting
SCTM # AcreaRe Classification Code
1000-59.-1-18 0.48 ABCDGI
1000-59.-1-20.1 0.72 ABCDGI
1000-59.-1-21.1 1.13 ABCDGI
1000-59.-1-21.2 0.93 ABCDGI
1000-59.-1-21.3 0.99 ABCDGI
1000-59.-1-21.4 0.94 ABCDGI
1000-59.-1-21.6 0.95 ABCDGI
1000-59.-1-21.7 0.97 ABCDGI
1000-59.-1-21.8 1.37 ABCDGI
1000-59.-1-25 0.39 ABCDGI
1000-59.-5-2.1 0.57 ABCDGI
1000-59.-5-2.3 0.33 ABCDGI
1000-59.-5-27 0.66 ABCDGI
TOTAL 10.43
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Romanelli,
Justice Evans, Supervisor Horton. Absent: Councilman Wickham.
This resolution was duly ADOPTED.
# 221
Moved by Councilman Romanelli, seconded by Justice Evans,
WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the
purchase of development rights on the properly owned by Badenchini Family Limited Partnership on
the 12th day of April, 2005, pursuant to the provisions of Chapter 25 (Agricultural Lands Preservation)
and Chapter 6 (2% Community Preservation Fund) of the Town Code, at which time all interested
parties were given the opportunity to be heard; and
WHEREAS, said properly is identified as SCTM #1000-95-1-5 and 6375 Oregon Road and is located
on the northerly side of Oregon Road approximately 135 feet northwesterly of the intersection of
Alvah's Lane and Oregon Road in Cutchogue; and
WHEREAS, the development rights easement comprises approximately 23.88 acres of the 32.73 acre
farm. The exact area of the acquisition is subject to a survey; and
WHEREAS, the properly is listed on the Town's Community Preservation Project Plan as properly
that should be preserved due to its agricultural value; and
WHEREAS, the properly is adjacent to, and in the vicinity of, other farms on which either the Town
or the County have purchased the development rights; and
WHEREAS, the purchase of the development rights on this properly is in conformance with the
provisions of Chapter 6 (2% Community Preservation Fund) and Chapter 25 (Agricultural Lands
Preservation) of the Town Code, and
WHEREAS, the purchase price is $30,000 (thirty thousand dollars) per buildable acre; and
WHEREAS, the Town may be eligible for a grant from the United States Department of Agriculture
2005 Federal Farm and Ranch Lands Protection Program or the New York State Department of
Agriculture 2004 Agricultural and Farmlands Protection Program for partial purchase of this properly
and part of the purchase price may be reimbursed from that agency; and
WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase
the development rights on these agricultural lands; be it therefore
April 12, 2005 37
Southold Town Board Regular Meeting
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development
rights easement on part of a certain parcel of property of agricultural lands owned by
Badenchini Family Limited Partnership pursuant to the provisions of Chapter 6 and Chapter 25
of the Code of the Town of Southold. Said properly is identified as SCTM #1000-95-1-5 and 6375
Oregon Road and is located on the northerly side of Oregon Road approximately 135 feet
northwesterly of the intersection of Alvah's Lane and Oregon Road in Cutchogue. The development
rights easement comprises approximately 23.88 acres of the 32.73 acre farm. The exact area of the
development rights easement is subject to survey. The purchase price is $30,000 (thirty thousand
dollars) per buildable acre. The Town may be eligible for a grant from the United States Department of
Agriculture 2005 Federal Farm and Ranch Lands Protection Program or the New York State
Department of Agriculture 2004 Agricultural and Farmlands Protection Program for partial purchase of
this properly and part of the purchase price may be reimbursed from that agency.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Romanelli,
Justice Evans, Supervisor Horton. Absent: Councilman Wickham.
This resolution was duly ADOPTED.
#222
Moved by Councilman Romanelli, seconded by Justice Evans,
WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the
purchase of a development rights easement on the properly owned by Peter F. Harper with the Peconic
Land Trust as contract vendee on the 12th day of April, 2005, pursuant to the provisions of Chapter 59
(Open Space Preservation) and Chapter 6 (2% Community Preservation Fund) of the Town Code, at
which time all interested parties were given the opportunity to be heard; and
WHEREAS, said properly is identified as SCTM #1000-59-1-20.1 and 1920 Lake Drive, Southold,
New York, and is located on the northeast corner of Lake Drive and West Drive in Southold; and
WHEREAS, the development rights easement will cover the entire, approximately 0.72 acre (subject
to survey) properly; and
WHEREAS, the properly is listed on the Town's March 2005 update to the Community Preservation
Project Plan List of Eligible Parcels which was adopted by the Town Board after a public hearing on
April 12, 2005; and
WHEREAS, the subject properly and the other properties located north of Lake Drive and in the
vicinity of Lake Drive, are comprised of a wetland and dune system dominated by ecological
communities classified as maritime dunes and maritime freshwater interdunal swales. Both of these
community types are listed as rare in New York by the New York Natural Heritage Program (NYNHP)
and the maritime freshwater interdunal swale community is currently listed as globally rare. The
preservation and protection of this properly falls under multiple purposes of the Community
Preservation Project Plan, including, but not limited to, preservation and protection of open spaces and
scenic values, protection of wetlands, protection of significant biological diversity and protection of
unique and threatened ecological areas; and
WHEREAS, the purpose of this purchase is for preservation and protection of open spaces and scenic
values, protection of wetlands, protection of significant biological diversity and protection of unique
and threatened ecological areas. Uses of the properly will be limited to those which are in conformance
with these purposes; and
WHEREAS, the purchase of the development rights easement on this properly is in conformance with
the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (2% Community Preservation
Fund) of the Town Code; and
April 12, 2005 38
Southold Town Board Regular Meeting
WHEREAS, the Town's purchase price for the easement is $56,000 (fifty six thousand dollars) plus
acquisition costs associated with the transfer of title. The property is being purchased by the Peconic
Land Trust at market value. The Peconic Land Trust's purchase is funded by private donors. The
Peconic Land Trust will then sell to the Town of Southold, as a Bargain Sale, the development rights
easement on the entire property; and
WHEREAS, as per Chapter 87 (Transfer of Development Rights) of the Code of the Town of
Southold, Section 87-5, the Land Preservation Coordinator has calculated that 1 (one) Sanitary Flow
Credit may be available for transfer from the parcel of property upon the Town's purchase of the
easement. The transfer of the Sanitary Flow Credit into the Town TDR Baxtk will not be finalized, and
shall not occur, until the Town closes on the easement purchase, and the Town Board passes a
resolution allowing the transfer into the Town TDR Bank; and
WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase
the development rights easement on this property; be it therefore
RESOLVED that pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6
(2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold
hereby elects to purchase a development rights easement for open space purposes on the property
currently owned by Peter F. Harper with the Peconic Land Trust as contract vendee. Said
property is identified as SCTM #1000-59-1-20.1. The address is 1920 Lake Drive, Southold, New
York, and the property is located on the northeast corner of Lake Drive and West Drive in Southold.
The proposed acquisition is for an easement on the entire, approximately 0.72 acre (subject to survey)
property. The Town's purchase price for the easement is $56,000 (fifty six thousand dollars) plus
acquisition costs associated with the transfer of title. The property is being purchased by the Peconic
Land Trust at market value. The Peconic Land Trust's purchase is funded by private donors. The
Peconic Land Trust will then sell to the Town of Southold, as a Bargain Sale, a development rights
easement on the entire property. As per Chapter 87 (Transfer of Development Rights) of the Code of
the Town of Southold, Section 87-5, the Land Preservation Coordinator has calculated that 1 (one)
Sanitary Flow Credit may be available for transfer from the parcel of property upon the Town's
purchase of the easement. The transfer of the Sanitary Flow Credit into the Town TDR Bank will not
be finalized, and shall not occur, until the Town closes on the easement purchase, and the Town Board
passes a resolution allowing the transfer into the Town TDR Bank.
COUNCILMAN ROMANELLI: Yes and I would like to thank the Association over there for the
effort you put forward raising the money, you guys did a great job.
SUPERVISOR HORTON: Yes and Councilman Romanelli has taken care of the extended thanks but
thank you and to everybody else who, in your community who is not here tonight, I know there are
many others, and the Peconic Land Trust and Melissa thank you for, again, your leadership and
shepherding this through. We appreciate that.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Romanelli,
Justice Evans, Supervisor Horton. Absent: Councilman Wickham.
This resolution was duly ADOPTED.
SUPERVISOR HORTON: That concludes the resolution component of the agenda, as well as the
public hearings. We do off'er the floor to members of the community that would like to address the
Town Board on town related items. Yes, ma'am?
PAT HOVEY: Pat Hovey, Southold. I will try to be brief. I represent the North Fork People of
Conscience and we are a grassroots organization of people who have come together to discuss and to
act upon shared convictions. Honesty in government; the quality, diversity, preservation of our
April 12, 2005 39
Southold Town Board Regular Meeting
environment and most importantly, the pursuit of peace. You may have heard that we presented a
moving peace vigil at the Legion Hall in Greenport on March 20th where we displayed over 1,500
photographs and short bio's of the fallen soldiers of the Afghanistan and Iraqi conflicts. We have had
a great response to this. We are going to be doing several more of these in the next months and
unfortunately, since March 20th, 46 more fallen soldiers have been added to our memorial. Tonight we
are here tonight to ask the Town Board to facilitate a meeting with the school administrators, teachers
and parent representatives in our Town in order to formulate a unified policy regarding release of our
children's personal information to military recruiters. School administrators have interpreted the
provision of this law in different ways and we are here to ask for a policy that would first and foremost
protect our children. On January 8,2002 the No Child Left Behind act was signed into law. A little
known mandate of this law is for the disclosure of secondary school students personal information to
military recruiters by their very own schools. The names and addresses and telephone numbers of
students must be provided upon request of the military unless students request or their parents request
that the information not be released to the military without prior written consent. Additionally, under
this same No Child Left Behind act, school districts are obligated to allow military recruiters the same
access to your children as they allow college or employment recruiters. Under the No Child Left
Behind act, your school districts must inform the students and their parents of their opt out rights and
they must comply with their request for non-disclosure of your child's information to military
recruiters. Parents have asked why is this burden on me to hunt down the form? Why is this
information so hard to find? It should be the other way around. We think they are right. Districts
throughout the country interpret the law differently and it is many times not with the child's best
interests in mind. I will try to cut some of this short. I was told in Riverhead by the president of what
they call their PTO, that military recruiters are having lunch in the cafeteria with the students every
day. They come in there with convertibles and Rolex watches and they try to really, they are trying to
persuade the students that the military is the way to go. In Southold, military recruiters have brought
their humvee to the elementary school and let the children climb around in it. The No Child Left
Behind act has done more than put military recruiters on equal footing with college recruiters and
potential employers. It is not equal, it is, they are here. This is not a requirement of the law but an
excessive interpretation of it, to the detriment of our children. As people of conscience, we are not
against the military but this law has put this town's most precious resource at risk. We don't let our
children vote, we don't let our children smoke, we don't let our children drink, we buy their food, we
buy their clothes, we pay their insurance. Why? Because they are children. Our children need the
chance to learn and dream and live long enough to do the things that they are not old enough to do
now. Thank you very much.
SUPERVISOR HORTON: May I ask a question?
MS. HOVEY: Yes.
SUPERVISOR HORTON: Did I hear you and is that a prepared statement?
MS. HOVEY: Yup.
SUPERVISOR HORTON: IfI could have that, if you don't mind, or I could make a copy.
MS. HOVEY: There is one adjustment, it says 27 and it is really 46.
April 12, 2005 40
Southold Town Board Regular Meeting
SUPERVISOR HORTON: Okay. As I, did I hear you correctly to say that the schools, they are
required to inform parents of what you are referring to as the opt out provision?
MS. HOVEY: Right. They are. They are supposed to in some way send home ....
SUPERVISOR HORTON: Through the guidance counselors or something ....
MS. HOVEY: Well, or through a separate mailing. For example, in Riverhead they stick like a couple
of lines on the back of their school calendar, which is not often read. It should also be sent in the
languages that ......
SUPERVISOR HORTON: And you are requesting that I facilitate a meeting ....
MS. HOVEY: A meeting, right, as you would ....
SUPERVISOR HORTON: .... with school superintendents?
MS. HOVEY: Sure. Right. And what we are thinking and this is going on, not here, it is going on in
Suffolk, it is going on in Nassau County, that groups are getting together and they are speaking with
the principal or the superintendents of schools and they are asking for permission to let the students
know that this is going on. You actually, according to the law that is, that was proposed in 2002, you
don't even have to be 18 to sign that you do not want a recruiter to contact you. What we would like to
see is just the opposite. Instead of an opt out, it is an opt in. Meaning that no one gets your child's
name or your e-mail address or your phone number, which may be unlisted but instead, if you want
your child to be contacted by a recruiter, you sign a form saying I want to opt in.
SUPERVISOR HORTON: Right. And if that child is 18, obviously those rules don't apply.
MS. HOVEY: They can do it for themselves. They can sign for themselves.
SUPERVISOR HORTON: Is your information on here so you can be contacted?
MS. HOVEY: Yes, we have an e-mail address there.
SUPERVISOR HORTON: Okay. I will do the outreach you have requested.
MS. HOVEY: Thank you very much.
SUPERVISOR HORTON: Thank you. Is there anybody else who would care to address the Town
Board on town related matters? Yes, ma'am?
ADRIANNE GREENBURG: Adrianne Greenburg from Greenport. Something very brief. Many of
us read in the Suffolk Times the article regarding CAST, Community Action for Southold Town. I am
a supporter of CAST, I am a volunteer and I also try very hard to give as much as I can financially as
well as time wise. I was wondering if there was anything that our Town Board could do, considering it
April 12, 2005 41
Southold Town Board Regular Meeting
is Community Action for Southold Town, it gets no money. If any of you give money, that is it, that is
all it gets. It takes care of our most indigent in the entire Southold community and when I am there
helping out, I see people coming in and I see they have emergency bags so they can have food to eat,
they have clothing on their back, their children have all kinds of products. How could we let this
group go without a place? Isn't there something that could be done?
SUPERVISOR HORTON: I actually sit on the Board of Directors for Community Action Southold
Town and we have a Board of Directors of 21 and I won't speak on behalf of the Board of Directors
but I will communicate what I know the discussions have been on the Board. There is a location being
pursued right now and as Supervisor, I do facilitate those negotiations for a re-location of CAST, the
building. It is a location in Greenport, so it wouldn't move that much further. And we have also
worked very hard to raise the awareness of CAST outside of Greenport because what many people
don't know is CAST serves residents throughout the entire Town of Southold and beyond food and
clothing, we also have a home heating oil program if people can't come up with the money to have
their oil tank filled, we do have a fund, an emergency fund to facilitate that. So also not only do people
not go hungry or unclothed, they also don't go without heat in the middle of our brutal winters. So that
is, we, the Board of Directors is working very hard to ensure that CAST has a place to be in the
foreseeable future.
MS. GREENBURG: Well, that is good news. I hope that whatever facility is being pursued, I hope it
works out.
SUPERVISOR HORTON: Indeed. Thank you. And you mentioned giving, not to give a plug in for
CAST but you raised the issue. We are having a CAST fundraiser at La Cuvee, the Greenporter
Hotel/Motel/Restaurant and Spa on Sunday, I believe at 1:00. If you need any information on that,
please don't hesitate to call my office. I will point you in the right direction. But thank you. Would
anybody else care to address the Board? (No response) Motion to adjourn?
COUNCILMAN ROSS: Just one second. I just like to thank all the residents who participated in the
town wide highway and street pickup. It was well-attended and in one area between Mary's Road and
Elijah's on the south side of 48, a bunch of youngsters picked up 600 pounds of litter and trash. It
happened all over town, so thank you very much, I appreciate it.
SUPERVISOR HORTON: Thank you, Councilman Ross, for putting that together. Motion to
adjourn?
Moved by Councilman Ross, seconded by Councilman Edwards, it was
RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at
10:03 P.M.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
April 12, 2005 42
Southold Town Board Regular Meeting
Elizabeth A. Neville
Southold Town Clerk