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HomeMy WebLinkAboutTB-07/19/2005SOUTHOLD TOWN BOARD REGULAR MEETING July 19, 2005 4:30 P.M. A Regular Meeting of the Southold Town Board was held Tuesday, July 19, 2005 at the Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting at 4:30 P.M. with the Pledge of Allegiance to the Flag. Present: Justice Louisa P. Evans Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Finnegan Absent: Supervisor Joshua Y. Horton Councilman John M. Romanelli COUNCILMAN WICKHAM: Welcome to the July 19th meeting of the Southold Town Board. Shall we rise and pledge allegiance to the flag. And we have several meeting notices to approve to get started. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the following town bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $298,429.26; General Fund Part Town bills in the amount of $22,134.61; Community Development Fund bills in the amount of $2,965.86; Risk Retention Fund bills in the amount of $1,822.69; Highway Fund Park Town bills in the amount of $123,146.48; Capital Projects Account bills in the amount of $4,332.04; Community Preservation Fund (2% tax) $2,266,553.32; New London Terminal Project bills in the amount of $226,748.02; Employee Health Benefit Plan bills in the amount of $9,803.52; Fishers Island Ferry District bills in the amount of $37,986.15; Refuse & Southold Town Board Meeting 2 July 19, 2005 Garbage District bills in the amount of $42,141.19; Fishers Island Sewer District bills in the amount of $2,561.91; Southold Agency & Trust bills in the amount of $30,298.35 and Fishers Island Ferry District bills in the amount of $194.55. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Ross, it was RESOLVED that the Minutes of the May 24, 2005 Regular Meeting of the Southold Town Board be and hereby are approved. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Ross, it was RESOLVED that a Special Meeting of the Southold Town Board be held at 11:00 A.M., work session 10:45 A.M., Tuesday, July 26, 2005 at the Southold Town Hall, Southold, New York. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Ross, it was RESOLVED that the next Regular Meeting of the Southold Town Board be held Tuesday, August 2, 2005 at the Southold Town Hall, Southold, New York at 7:30 P.M. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans. This resolution was duly ADOPTED. I. REPORTS 1. Town of Southold Budget Report month ended April 30, 2005 2. Town of Southold Budget Report month ended May 31, 2005 3. Southold Town Justice Court, Evans June 2005 4. Southold Town Justice Court, Price June 2005 5. Southold Town Justice Court, Bruer June 2005 6. Southold Town Program for the Disabled June 2005 7. Board of Town Trustees June 2005 8. Town Clerk Monthly Report June 2005 9. Town Clerk Quarterly Report April 2005 - June 2005 10. Town Clerk Semi-Annual Report January 2005 June 2005 II. PUBLIC NOTICES None III. COMMUNICATIONS None Southold Town Board Meeting 3 July 19, 2005 COUNCILMAN WICKHAM: We now have before us a series of resolutions we will be taking up, starting with 446 and on to 461 or 2. Is there anybody who has come to visit with us this afternoon who would like to address the Board on any of these resolutions? Mr. Carlin. FRANK CARLIN: Frank Carlin, Laurel. Just a suggestion to the Board here, when you have public meeting like you are going to have today on a properly of Camp Malloy or any public meeting, I would suggest that you have the meeting and then you don't decide on it until maybe the next meeting. Give a little leeway there for maybe somebody to contact in the office, to make some more suggestion or something. You seem to be pushing things. I don't see no reason to have the public meeting today and then vote on the same thing immediately. I think there should be a lapse time there, maybe till the next Board meeting. I think you are pushing things too fast here. COUNCILMAN WICKHAM: Thank you. COUNCILMAN ROSS: Not everyone agrees but... MR. CARLIN: I don't care what everyone agrees, I am just saying what I agree on. COUNCILMAN WICKHAM: Actually that is the process the Board does when there is a degree of controversy or difference of opinion. MR. CARLIN: Well, we don't know yet if there is gonna be a... COUNCILMAN WICKHAM: So we will be listening to you all when, during the hearing tonight. Anybody else like to address the Board? Yes, Mrs. Egan. JOAN EGAN: Good evening, Joan Egan from East Marion. And talking with Joanne, we now have a new citizen in the Town of Southold. Mr. Horton's wife delivered a gorgeous baby boy, I think about 1:00 today. I might go and see him myself. So, Mr. Edwards, Mr. Ross, Mr. Wickham, Mrs. Evans, Mrs. Neville and Mrs. Finnegan (inaudible) Now, oh here we are (inaudible) I am very sorry about 450, that is Beth Dzenkowski. I cannot say enough good things about Beth, she is absolutely, positively one of the finest people that the Town of Southold (inaudible) As a matter of fact when I had a mass said for the Southold police department and the New York State police department, she was the only one from Southold police department and the other one from the New York State police was the head (inaudible) and god bless them all, I pray for them all, they are on my prayer list everyday. Now, 451 is a very sad thing for all of us (inaudible) What is 452? I don't (inaudible) COUNCILMAN WICKHAM: I don't know him either. MS. EGAN: Well, is anybody here qualified to answer that question? Do you have it on the agenda? COUNCILMAN WICKHAM: Only we know he served on the Committee for some time and asked to be relieved of his duties. MS. EGAN: Is he going to be replaced? Southold Town Board Meeting 4 July 19, 2005 COUNCILMAN WICKHAM: I believe we will circulate an announcement and seek a replacement. MS. EGAN: Is he a paid employee or a volunteer? COUNCILMAN WICKHAM: The members of that committee do get paid a very modest stipend for each meeting that they attend. MS. EGAN: Good. Now, 453 could you explain that to me, please? COUNCILMAN WICKHAM: This is part of the SEQRA process that the Town has to go through in handling an acquisition of this kind. It is a state process to see that there is no harm done to the environment through this particular action. MS. EGAN: And where is this, this is the purchase of(inaudible). Where is this property? COUNCILMAN WICKHAM: This piece of property is in Mattituck and it will be the subject of our public hearing tonight at 5:00. MS. EGAN: Oh, is that the, over by the Laurel .... COUNCILMAN WICKHAM: Yes. MS. EGAN: Well, I would be very careful about that. And 456, you have another mini-bus driver (inaudible) and of course, 457, I address this at almost every meeting. Something has to be wrong if you have such a turnover of personnel at the Nutrition Center. I argue with Mr. Horton about it all the time. Somebody should start checking it out. And I would hope, I had addressed this before 459, by the bike-a-thon, I truly feel that the bikes should ride, wherever possible, against the traffic. Because (inaudible) they don't hear the cars and if the animals don't hear it, then neither do the people, especially if they have big helmets over their ears. (Inaudible) 462. COUNCILMAN WICKHAM: I thought we had passed over that. MS. EGAN: No, this is back on the... COUNCILMAN WICKHAM: 452? 462? Is this the Housing Advisory Commission? MS. EGAN: Hmm? COUNCILMAN WICKHAM: 462 is the Housing Advisory Commission, we have a list of 10 people who have expressed interest in serving on a Commission and it will be a resolution to take up those names. MS. EGAN: Now, 463, who is Pat Givens? Southold Town Board Meeting 5 July 19, 2005 COUNCILMAN WICKHAM: Pat Givens is an appraiser who has done appraisals for the Town on various properties that the Town has acquired development rights to or open space and he is an authority in that field. MS. EGAN: And where are they located? COUNCILMAN WICKHAM: I believe in Hauppauge, I think at... MS. EGAN: Oh, out of Southold. COUNCILMAN WICKHAM: That is right. MS. EGAN: Wrong. Absolutely wrong. Now I think 464, that will be the public hearing. COUNCILMAN WICKHAM: That is right. MS. EGAN: Good. COUNCILMAN WICKHAM: Mrs. Egan reminded me that the reason why I am here at this place today is that our Supervisor has become a father at some 1:00 this afternoon and he is doing well. Survived. He survived the event and both mother and child are very healthy and everything seems to be just fine. Would we like to start the resolutions? #446 Moved by Councilman Edwards, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Corazzini Asphalt Inc.~ in the amount $26~400~ for the reconstruction and resurfacing of two tennis courts on Fishers Island~ as per the plans and specifications prepared by James Richter, RA, Southold Town Engineering Department. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans. This resolution was duly ADOPTED. #447 Moved by Councilman Ross, 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 Agreement between the Town of Southold and Corazzini Asphalt Inc.~ in the amount $26~400~ for the reconstruction and resurfacing of two tennis courts on Fishers Island, as per the plans and specifications prepared by James Richter, RA, Southold Town Engineering Department, subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans. This resolution was duly ADOPTED. #448 Moved by Justice Evans, seconded by Councilman Edwards, it was Southold Town Board Meeting 6 July 19, 2005 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Town Attorney, Patricia Finnegan, to attend a seminar on July 21, 2005 in Melville at the Marriott Hotel entitled "Advanced Zoning and Land Use". All fees and travel expenses are to be a legal charge to the Town Attorney 2005 budget. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans. This resolution was duly ADOPTED. #449 Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to North Fork Beach Volleyball to park vehicles of participating players and observers, on the east and west sides of Luthers Road from the corner of Naugles Drive to the Mattituck Park District parking lo._~t on July 23, 2005 from 7:00 A.M. to 7 P.M. (Rain Date to be July 24, 2005, same times) for the purpose of holding an Invitational Benefit Beach Volleyball Tournament fund raiser, and these vehicles shall be exempt from Southold Town parking fees for that day. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans. This resolution was duly ADOPTED. #45O Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the letter of retirement of Beth Dzenkowski from her position as Detective for the Southold Town Police Department, effective July 14, 2005. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans. This resolution was duly ADOPTED. #451 Moved by Justice Evans, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Valerie Scopaz from her position of Director of the Planning Department effective, July 15, 2005. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans. This resolution was duly ADOPTED. #452 Moved by Councilman Edwards, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of William H. Cook from his position as a member of the Southold Conservation Advisory Council, effective July 13, 2005. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans. This resolution was duly ADOPTED. Southold Town Board Meeting 7 July 19, 2005 #453 Moved by Councilman Ross, seconded by Councilman Edwards, WHEREAS, 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 wishes to purchase fee ritle, for open space purposes, to the properly owned by NOFO Associates or the successors thereto (a/k/a McFeely). Said properly is identified as SCTM #1000-125-1-14 and 5145 Route 25, Mattituck, New York, and the properly is located on the north side of Main Road, Mattituck. The proposed acquisition is for the entire 30.785+ acre properly. The purchase price for the 30.785+ acre properly is $2,900,000 (lwo million nine hundred thousand dollars) and the purchase will be funded by the Community Preservation Fund. 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 22.41 Sanitary Flow Credits may be available from the parcel. One (1) sanitary flow credit will be retained for the stewardship and interpretive center/quarters. Therefore, 21.41 Sanitary Flow Credits may be available for transfer from the parcel of property upon the Town's purchase of the properly. The transfer of the Sanitary Flow Credits into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on the properly, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank; and WHEREAS, the properly is listed on the Town's Community Preservation Project Plan as properly that should be preserved for aquifer protection, open space purposes, parks, nature preserves and recreation areas. The properly is located within the Special Groundwater Protection Area (SGPA) and is adjacent to, and in the vicinity of, over 500 acres of preserved land. The subject properly and the preserved land in the vicinity contains existing passive recreational trails in excess of 7 miles with potential for expansion. Proposed uses of the properly shall be in conjunction with the existing preserved land in the vicinity, which may include the establishment of a nature preserve, passive recreational trails, stewardship and interpretive center/quarters and limited parking for access purposes; be it therefore 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, Justice Evans. This resolution was duly ADOPTED. #454 Moved by Justice Evans, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby amends resolution #386~ adopted at the June 21~ 2005 regular Town Board meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2005 Budget as follows: To: Southold Town Board Meeting July 19, 2005 A.2705.65 From: A.2210.65 8 Gifts & Donations "With You, Southold Can" Donations $3318.00 Services Other Governments "With You, Southold Can" Grant $3318.00 Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans. This resolution was duly ADOPTED. #455 Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the closure of Cases Lane from Cedar Road to Main Road~ Cutchogue for the 26th Annual Douglas Moore Memorial Concert on Saturda% August 13~ 2005 from 5:00 p. m, to 10:00 p. m.~ provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the town of Southold as an additional insured and contact Capt. Flatley within ten (10) days of the adoption of this resolution to coordinate traffic control. (Certificate of Insurance on file) Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans. This resolution was duly ADOPTED. #456 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of John F. Irving from his position as a minibus driver for the Southold Town Human Resource Center, effective July 31, 2005. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans. This resolution was duly ADOPTED. #457 Moved by Justice Evans, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby releases Michael DeVito from the position of temporary Cook at the Nutrition Center and be it further RESOLVED that the Town Board hereby appoints Michael J. DeVito to the position of full time cook at the Southold Town Human Resource Center, effective July 20, 2005, at a salary of $28,766.40 per annum. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans. This resolution was duly ADOPTED. #458 Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to Town Clerk Elizabeth Neville to attend the 2005 Municipals Clerks Institute at Cornell University, Southold Town Board Meeting 9 July 19, 2005 Ithaca, New York on July 24-28, 2005. All necessary expenses for registration and travel shall be a legal charge to the Town Clerk 2005 budget A.1410.4.200 & .300. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans. This resolution was duly ADOPTED. #459 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Cooley's Anemia Foundation to use the following Town Roads~ on Saturday~ October 1~ 2005~ beginning at 8:15 am and 12:45 pm for their annual Bike-a-thom Sound Avenue, Mattituck Sixth Street, Greenport Front Street, Greenport Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans. This resolution was duly ADOPTED. #46O Moved by Justice Evans, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby releases the Performance Bond No. UB0268279 issued by the Universal Bonding Insurance Company in the amount of $200~442.50 for the ma,ior subdivision "Summit Estates~ Phase II~ Sections 2 & 3 located on Shipyard Lane in East Marion, New York SCTM# 1000-35-8-5.4 & 1000-38-7-10.1 & 10.2., as recommended by the Southold Town Planning Board, Town Engineer, and Superintendent of Highways. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans. This resolution was duly ADOPTED. #461 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 Joshua Y. Horton to execute Agreement No. 525-CAP-CAP-1749.516-009 between Suffolk County Office for the Aging and Southold Town for acquisition of a 2005 Ford Phoenix 14 passenger bus~ Vehicle Identification No. 1FDXE45S35HA 76740, all in accordance with approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans. This resolution was duly ADOPTED. #462 Moved by Councilman Ross, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the following members to the Southold Town Housing Advisory Committee: Southold Town Board Meeting July 19, 2005 Name Residence Expiration Charlie Zaloom Mattituck 12/31/06 Leslie Weisman Southold 12/31/06 Lynda Clements Cutchogue 12/31/06 Margaret Minichini Orient 12/31/07 Jenny Gould East Marion 12/31/07 Don Leslie, Jr. Greenport 12/31/07 Leah Glowacki Peconic 12/31/08 John Vahey Mattituck 12/31/08 H. Sidney Holmes Orient/NYC 12/31/08 Rona Smith Orient 12/31/08 10 COUNCILMAN WICKHAM: These people will serve staggered terms, some of them whose terms end on the end of next year and some the end of 2007 and some of them at the end of 2008. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans. This resolution was duly ADOPTED. #463 Moved by Justice Evans, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby retains Pat Given of Given Associates to prepare a report appraising the value of Sanitary Flow Credits to be transferred pursuant to Chapter 87 of the Southold Town Code. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans. This resolution was duly ADOPTED. COUNCILMAN WICKHAM: And those are all the resolutions that we have prior to the public hearing. We have one more that we could take up after the hearing. The hearing is scheduled to start at 5:00. Would anyone like to address the Town Board on any matters of town aflhirs prior to the public hearing? Yes, Mr. Carlin. FRANK CARLIN: Frank Carlin. Laurel. I would like to give you some credit today for a change, which I like to do. I have been watching the Town Board meetings for the last three Fridays and I want to tell you, they was just fine. The time schedule was right on 8:00, the focus was beautiful, the scanning was nice. When I am talking and when you are talking, the cameraman scans over to you. In fact, he was so close to you Tom, that I could see the whites of your eyes. That is what I call television. So, but, the last Board meeting, I was disappointed because there was nothing on. But again, yellow and blue on a Friday night. So, some of the people called me up and wanted to know what happened and I said, well, I really don't know. Then somebody said that the Town lost the tape. Well, further investigation, I found out that wasn't right. I did my own investigation and it was Cablevision who lost the tape. So I want to verify that it wasn't the Town Hall's fault. COUNCILMAN WICKHAM: Thank you. MR. CARLIN: That it was miss, in Grumman's in my department, QC, which I worked for 33 years, our group of men, we had an old time saying that ifa guy did a good job the end of the day comes, we Southold Town Board Meeting 11 July 19, 2005 would say, you got an adam boy. Don't ask me what it meant but it was between us men. That meant you done a good job. So I want to give the cameraman here an adam boy for that job. Very good. That is the way it should be. The sound was nice, the focus was nice, clarity was nice. Here to you, beautiful. Let's hope it continues that way. COUNCILMAN WICKHAM: Thank you, Mr. Carlin. We still have a few minutes before the 5:00. Would anyone else like to address the Board on any important matter before the Town. MS. EGAN: It would take me more than a few minutes. COUNCILMAN WICKHAM: Well then, this would be a wonderful time for you. Maybe you could squeeze it into two minutes. MS. EGAN: I shall try. Joan Egan, East Marion. I am not sure about those investigations Mr. Carlin. Cablevision has a video of somebody (inaudible) we will never know (inaudible) but you did get yourself there on TV for the Animal Shelter thing. I was absent at that meeting (inaudible). You have plenty of money, I don't know why you had to float another bond. You could have floated another bond for the Animal Shelter, correct? COUNCILMAN WICKHAM: We have not floated it yet, we have scheduled a public hearing to take input from the public as to whether or not we should do that. MS. EGAN: Yeah. How much money do you have from the Raynor estate? COUNCILMAN WICKHAM: I believe it is on the order of $175,000. MS. EGAN: Oh, I think it is more than that, with the interest. I think it is much closer to $200,000 or better. COUNCILMAN WICKHAM: You could well be right. MS. EGAN: Oh, I am sure I am. Now, we are having a problem with the lifeguards at Jack Shack beach, had to call the police and the Southold Recreation center. That is a pretty nice job. Mr. Horton says he feels they should read, I don't know about that. But they have not been raising the flag properly and I have been very nice, no problems, no disrespect by me, but by them. So who is in charge of that up here? COUNCILMAN WICKHAM: Let me turn to the, our Board member who is in charge of the Recreation Committee. MS. EGAN: That is a nice job to have and I really don't think they should have a book in front of their face. I know when I worked at RH Macy's, Thursday nights and Saturday's, even if it wasn't busy, you kept yourself busy doing something for the company. They can do something. Okay. Now the water thing (inaudible) is getting worse and it will continue to get worse down there because of Peconic Landing, the hole is getting deeper and filling up with water and they were hopefully going to do something about it but I don't think they can because they put too much pressure on the land, they Southold Town Board Meeting 12 July 19, 2005 took out most of the topsoil, so they are going to have a serious problem. Now I also noticed when I came in this morning, I don't know what can be done about it, but with the cost of electricity and all the windows in the front door are full of water. In other words, I think the doors should be closed. They certainly should be closed now. There is no point in air-conditioning over on that side when there is no one there. You need somebody to check it out. How about you, Mr. Edwards? Hmmm? COUNCILMAN EDWARDS: To check out the air-conditioning in the building? MS. EGAN: To see that we are not wasting air-conditioning at our expense. COUNCILMAN EDWARDS: I think that that is an excellent idea .... MS. EGAN: You always think my ideas are excellent... COUNCILMAN EDWARDS: No. MS. EGAN: .... let's see that you do something about it for a change. Oh, now we lost a police officer which was very sad. It was very sad for himself and for his family. Do you know whether he is being replaced? COUNCILMAN WICKHAM: I don't think he has been replaced yet. MS. EGAN: He needs to. We need police officers more than ever and as most of you know, tonight in Greenport and somebody up there should go, there is a meeting in the fire house in regard to the guardians and the people in town want the guardians. I spoke to our State police and our local police and they are not going to be represented. I myself hope to get to the moorings meeting tonight and put my face down there. (inaudible). Bye bye. COUNCILMAN WICKHAM: Do I hear a motion to recess for the public hearing? Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that this meeting of the Southold Town Board be and hereby is declared recessed in order to hold a public hearing on the matter of (1.) HEARING ON THE PURCHASE OF THE 30.785± ACRES OF PROPERTY OWNED BY NOFO ASSOCIATES OR THE SUCCESSORS THERETO (a/k/a McFEELY)~ SCTM #1000-125-1-14~ MATTITUCIC Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans. This resolution was duly ADOPTED. Meeting reconvenedat #464 Moved by Councilman Edwards, seconded by Justice Evans, WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of fee title acquisition of the property of NOFO Associates or the successors thereto (a/Ua McFeely) on the 19th day of July 2005, pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter Southold Town Board Meeting 13 July 19, 2005 6 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is located on the north side of Main Road in Mattituck and is identified as SCTM #1000-125-1-14 and 5145 Route 25; and WHEREAS, the subject property is approximately 30.785+ acres in area and the proposed acquisition is for the Town to acquire the entire 30.785+ acre property; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved for aquifer protection, open space purposes, parks, nature preserves and recreation areas. The property is located within the Special Groundwater Protection Area (SGPA) and is adjacent to, and in the vicinity of, over 500 acres of preserved land. The subject property and the preserved land in the vicinity contains existing passive recreational trails in excess of 7 miles with potential for expansion. Proposed uses of the property shall be in conjunction with the existing preserved land in the vicinity, which may include the establishment of a nature preserve, passive recreational trails, stewardship and interpretive center/quarters and limited parking for access purposes; and WHEREAS, the purchase price for the 30.785+ acre property is $2,900,000 (two million nine hundred thousand dollars) and the purchase will be funded by the Community Preservation Fund.; 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 22.41 Sanitary Flow Credits may be available from the parcel. One (1) sanitary flow credit will be retained for the stewardship and interpretive center/quarters. Therefore, 21.41 Sanitary Flow Credits may be available for transfer from the parcel of property upon the Town's purchase of the property. The transfer of the Sanitary Flow Credits into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank; and WHEREAS, the Town Board declared a negative declaration pursuant to SEQRA Rules and Regulations for this action; and WHEREAS, the Town Board deems it in the best public interest that the Town or Southold purchase the subject property for open space purposes; 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 fee title, for open space purposes, to the property owned by NOFO Associates or the successors thereto (a/k/a McFeel¥). Said property is identified as SCTM #1000- 125-1-14 and 5145 Route 25, Mattituck, New York, and the property is located on the north side of Main Road, Mattituck. The proposed acquisition is for the entire 30.785+ acre property. The purchase price for the 30.785+ acre property is $2,900,000 (two million nine hundred thousand dollars) and the purchase will be funded by the Community Preservation Fund. 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 22.41 Sanitary Flow Credits may be available from the parcel. One (1) sanitary flow credit will be retained for the stewardship and interpretive center/quarters. Therefore, 21.41 Sanitary Flow Credits may be available for transfer from the parcel of property upon the Town's purchase of the property. The transfer of the Sanitary Flow Credits into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank. COUNCILMAN EDWARDS: I emphatically vote yes. I believe this may be the largest single purchase in dollars that the Town has ever done but it deserves to be because it is such a critical piece Southold Town Board Meeting 14 July 19, 2005 of property and it really finishes a project that has been going on for a number of years and I commend everybody but most particularly Melissa for pursuing this thing to its conclusion. COUNCILMAN WICKHAM: Yes and I would just like to say that this is a fairly straightforward proposal, it sounds like we are just buying for $2.9 million 30 some acres. It sounds quite simple and straight but you have no idea how complicated and how many ins and outs had to be completed before we actually got to this point. As Melissa said earlier on, there was a subdivision planned for this parcel. Then there was a partnership deal arranged with the county, the Suffolk County Water Authority had a role in it. There were all kinds of different issues that come up and when we acquire property, people don't realize how complicated it really is. Peconic Land Trust helped facilitate it. Without them, I am not sure we would even be here today on this parcel. I don't think the public can really understand how much work and how many ins and outs go into these purchases before they finally come to fruition. So I am grateful and I am pleased to vote yes on this. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans. This resolution was duly ADOPTED. COUNCILMAN WICKHAM: That completes the resolutions before us tonight. There are several people in the audience who might like to address the Town Board on other matters before the town today. Yes, Mr. Corwin. DAVID CORWIN: My name is David Corwin. I would like to return to one of my least favorite subjects, motorcycles with straight pipes. First I want to acknowledge that there has been some diminution of the problem. The Southold Town Police Department has conducted at least road check- point and I have to assume that it is that activity that has had some of the intended affect. Hopefully the word is spreading that tickets will be issued if you ride a motorcycle with straight pipes in Southold Town. If you read an article in the June 30th Suffolk Times headline "Revved up or idle down" you might be led to believe that the problem has diminished to the point that it is acceptable. Bear in mind that this is the same editor that had published the fact that there was going to be a check point a day after he learned of it and three days before the check point, the same editor failed to do any reporting on the results of the checkpoint. It was a typical Suffolk Times article, designed to give solace to both sides of an issue under the guise of balanced journalism. I am here to tell you that in spite of the fact that the noise level has diminished, it is not at an acceptable level. The pressure must be kept on illegal motorcycles with straight pipes. As always in their infinite wisdom, the Greenport Village Board has a solution to the problem. Signs on anyone's front lawn who finds the noise from illegal machines offensive. Signs, I might add, that are illegal under the Greenport Village code. I say to you again, the noise produced by these illegal machines is a blight on Southold Town and the Village of Greenport. It is your responsibility and duty to prosecute these offenses. Not to treat it with open arms as the Greenport Village Board chooses to do. Thank you. COUNCILMAN WICKHAM: Thank you. We will let our police commissioner know about that. Is there anyone else who would like to address the Town Board this afternoon? Mr. Carlin. MR. CARLIN: About three weeks ago, four weeks ago, the Town Board meeting, we discussed the property down there by the composting plant. I have here an original Town notice back in March 13 of 2001. This was the original notice of two public hearings. One was on the buying of the $2.7 million property from Francis McBride. And the other one was the $7.8 million for the capping of the Southold Town Board Meeting 15 July 19, 2005 landfill. My only question here is I want to know, that property that we spent that money for is part of it being used for the composting plant facility? COUNCILMAN WICKHAM: Yes. MR. CARLIN: That is all I wanted to know because that adds to the amount that we have been spending on the composting plant there, another $2.6 million besides the $3.5 million every year plus the $100,000 that we spent putting in a concrete wall plus $60,000 for trees plus in 2000 we spent $3 million upgrading the landfill. I keep saying this, pretty soon I am going to be saying this in my dreams, let's close down that garbage disposal plant, let's close down the compost plant and we could save the taxpayers a lot of money. It is just a waste. You can go to Smithtown Town right now and you can get all the compost you want free of charge, private or contractor, for nothing. It is, we have been spending all kinds of bond issues on that landfill for trucks and buildings and cars. People don't realize what money is being spent out of their taxpayers pockets here. We could go to the Riverhead system and we would have wash your hands of all of this nonsense. Going down there, you ride down there, looks at those big heaps. Real impressive. Big heaps of compost. What it doing? Can anybody show me really a good profit on that down there? Is it pulling money in to it? It doesn't mean any sense. And I hope someday somebody on this Board will get some sense and just eliminate it. Like they say in Germany, auf wiedersahn to it. Because we don't need it. For a small town like this, I keep saying that. I added up the amount of money that was spent over five years, it was an amazing amount of money that was spent with bonds, with this, with this, overhauling the scale... COUNCILMAN WICKHAM: But Frank, not all of the projects that you spoke about on those costs are attributable to the compost plant. A lot of what you spoke about has to do with capping and closing and the whole... MR. CARLIN: I am not talking about capping and closing, Tom. Eliminate that. That is separate. I am not even bringing that in. I am not even .... COUNCILMAN WICKHAM: That is separate. Okay. MR. CARLIN: ...bring, I didn't bring it in just now. I only brought in the $2.6 million, that is something else. I am talking about, I have been watching that for the last six or seven years how much money we have been pouring in there ever since you separated the landfill from the Town Highway in '95, when you were Supervisor. COUNCILMAN WICKHAM: Right. MR. CARLIN: Ever since then we have been pouring money into that place. I remember Ray Dean or Ray Jacobs, they would mn the both of them with almost the same budget, with very little much more budget. They would mn the both of them. The landfill and the highway department. COUNCILMAN WICKHAM: Frank. MR. CARLIN: Now since you, you made it, you were the Supervisor in 1995, you appointed Bunderchuk as a supervisor to the landfill. And ever since then, money has been poured out of this Southold Town Board Meeting 16 July 19, 2005 town and the taxpayers and I hope someday, if I am still around here, the taxpayers will realize, let's get rid of it and let' s sit back and enjoy it. We can put our stuff out there, we don't have to mn down to the Town Hall, we don't have to worry about the weather, we don't have to worry about gas being $2.50 a gallon. Thank you. Good night and have a good evening. COUNCILMAN WICKHAM: Thank you, Frank. Would anyone else like to address the Town Board on any matter before the Town? (No response) If not, do I hear a motion to adjourn? Moved by Councilman Edwards, seconded by Councilman Ross, it was RESOLVED that this meeting of the Southold Town Board is hereby declared adjourned at 5:43 P.M. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans. This resolution was duly ADOPTED. Elizabeth A. Neville Southold Town Clerk