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HomeMy WebLinkAboutAG-04/11/2006 ELIZABETH NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD TOWN BOARD REGULAR MEETING April 11, 2006 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, April 11, 2006 at the Meeting Hall, Southold, NY. Supervisor Russell opened the meeting at 7:30 PM with the Pledge of Allegiance to the Flag. Attendee Name Organization Title Status Arrived Albert Krupski Jr. Town of Southold Councilman Present 7:30 PM William P. Edwards Town of Southold Councilman Present 7:30 PM Daniel C. Ross Town of Southold Councilman Present 7:30 PM Thomas H. Wickham Town of Southold Councilman Present 7:30 PM Louisa P. Evans Town of Southold Justice Present 7:30 PM Scott Russell Town of Southold Supervisor Present 7:30 PM Elizabeth A Neville Town of Southold Town Clerk Present 7:30 PM Patricia A Finnegan Town of Southold Twon Attorney Present 7:30 PM I. Reports 1. Island Group Claim Lag Report Plan year 3/1/05-2/28/06 2. Justice - Judge Bruer March 2006 3. Town Clerk Quarterly Report 1st Quarter 4. Town Clerk Monthly Report March 2006 II. Public Notices 1. Renewal of Liquor License with NYS Liquor Authority The Frisky Oyster, 27 Front St., Greenport Page 1 April 11, 2006 Town of Southold Board Meeting 2. Aquaculture Activity Hog Neck Bay, Nassau Point 3. Notice of Application to NYS DEC Rita Martin, Mattituck Creek 4. Notice of Application for Liquor License Raphel Vineyards III. Communications None IV. Discussion 1. Home Rule Request - 6670 Creation of Peconic Bay Regional Transportation Council 2. Trailer Permit Application Principi Properties LLC, 64300 Main Rd. Southold (former Mill Creek Restaurant location) 3. Schneider Trailer Renewal 4. 9:00 A.M. - Designed Learned Animal Shelter 5. 9:30 A.M. Cross Sound Ferry Freddie Wachsberger 6. 10:00 A.M. Suffolk County Water Authority Map John Sepenoski 7. North Fork Environmental Request for Funding 8. Hire Planning Board Consultant Bill Cremers 9. Purchase of Peconic School Community Center 10. 11:00 A.M. Community Development Corp 11. Executive Session PBA Contract 12. Executive Session Personnel Page 2 April 11, 2006 Town of Southold Board Meeting V. Resolutions 2006-314 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit April 11, 2006 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby April 11, 2006. Vote Record - Resolution 2006-314 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ?? William P. Edwards Voter Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-315 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Board Meeting April 25, 2006 At 4:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, April 25, 2006 at the Southold Town Hall, Southold, New York at 4:30 P. M.. Vote Record - Resolution 2006-315 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ?? William P. Edwards Voter Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-316 CATEGORY: Public Service DEPARTMENT: Town Clerk Amend Resolution 2006-306, Adopted At the March 28, 2006 Regular Town Board Meeting - Spring Clean-Up Page 3 April 11, 2006 Town of Southold Board Meeting RESOLVED amends resolution 2006- that the Town Board of the Town of Southold hereby 306, adopted at the March 28, 2006 regular Town Board meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby authorizes the acceptance of six (6) residential leaves and brush at the Southold Town Compost facility, free of charge, for weeks in connection with the Spring Cleanup for the year 2006 starting Saturday, April 15, th 28 through Sunday, May ; and be it FURTHER RESOLVED that the Town Board hereby extends the waiver of such fees to commercial entities carrying leaves and brush from residential properties within the Town only, during that period; and be it FURTHER RESOLVED, that the Highway Department Spring Cleanup will commence on April 17, 2006, in Laurel. Vote Record - Resolution 2006-316 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Seconder ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-317 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorize and Direct Supervisor Scott A. Russell to Execute the Agreement Between the Suffolk County Office for the Aging and the Town of Southold for the III-C Nutrition Program RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Agreement between the Suffolk County Office for the Aging and the Town of Southold for the III-C Nutrition Program , IFMS No. SCS EXE 06000009288, for the period January 1, 2004 through December 31, 2006, all in accordance with the approval of the Town Attorney. Page 4 April 11, 2006 Town of Southold Board Meeting Vote Record - Resolution 2006-317 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Initiator ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-318 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Accounting Establish the Salary Scale for the Position of Groundskeeper III RESOLVEDestablishes the following that the Town Board of the Town of Southold hereby salary scale for the position of Groundskeeper III As of January 1, 2006 Entry 20.8489 1 22.2834 2 22.8572 3 23.6322 4 24.2060 5 25.6418 As of January 1, 2007 Entry 21.6307 1 23.1190 2 23.7143 3 24.5184 4 25.1137 5 26.6030 Vote Record - Resolution 2006-318 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Initiator ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-319 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Authorize and Direct Supervisor Scott A. Russell to Execute an Agreement with General Code Publishers Page 5 April 11, 2006 Town of Southold Board Meeting Corporation RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an agreement with General Code Publishers Corporation in connection with Laserfiche 7 Update to Digital Document Management System in the amount of $6,021., all in accordance with the approval of the Town Attorney. Vote Record - Resolution 2006-319 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-320 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Authorize and Direct Supervisor Scott A. Russell to Execute an Agreement with Canon Business Solutions - East Inc RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an agreement with Canon Business Solutions – East Inc. in connection with the lease of one (1) Canon IR2270 copy machine for use by the Human Resource Center at a monthly cost of $183.42 for a period of 48 months from date of installation, all in accordance with the approval of the Town Attorney. Vote Record - Resolution 2006-320 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-321 CATEGORY: Committee Resignation DEPARTMENT: Town Clerk Accept the Resignation of Craig M. Arm From the Position As Member of the Land Preservation Committee Page 6 April 11, 2006 Town of Southold Board Meeting RESOLVEDaccepts, with regret, the that the Town Board of the Town of Southold hereby resignation of Craig M. Arm from the position as member of the Land Preservation Committee , effective March 28, 2006. Vote Record - Resolution 2006-321 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? ?? William P. Edwards Voter Adopted as Amended ?????????? Defeated Daniel C. Ross Seconder ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-322 CATEGORY: Budget Modification DEPARTMENT: Accounting Modify the 2006 Whole Town Budget - Copy Machine RESOLVEDmodifies the 2006 Whole that the Town Board of the Town of Southold hereby Town budget as follows: From: A.9901.9.000.100 Transfers to Capital Funds Copy Machine /HRC $2,500.00 To: A.1670.2.200.500 Central Copying and Mailing Copy Machines $2,500.00 Vote Record - Resolution 2006-322 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ?? William P. Edwards Initiator Adopted as Amended ?????????? Defeated Daniel C. Ross Seconder ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-323 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Amendment of Agreement Between the Suffolk County Office for the Aging and the Town of Southold for the Supplemental Nutrition Assistance Program (SNAP) Page 7 April 11, 2006 Town of Southold Board Meeting RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Amendment of Agreement between the Suffolk County Office for the Aging and the Town of Southold for the Supplemental Nutrition Assistance Program (SNAP) , IFMS No. SCS EXE 06000009442, for the period April 1, 2004 through March 31, 2007, subject to the approval of the Town Attorney. Vote Record - Resolution 2006-323 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-324 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Accept the Resignation of Captain Kevin Moroney From His Position with the Fishers Island Ferry District RESOLVEDaccepts, with regret, the resignation that the Town Board of the Town of Southold of Captain Kevin Moroney from his position with the Fishers Island Ferry District , effective April 7, 2006. Vote Record - Resolution 2006-324 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ?? William P. Edwards Voter Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-325 CATEGORY: Seqra DEPARTMENT: Land Preservation Declare Purchase of Shalvey Development Rights Easement to be SUnlisted Action and Finds No Significant Impact on the Environment and Declares a Negative Declaration Pursuant to SEQRA Rules and Regulations. WHEREAS , the Town Board of the Town of Southold wishes to purchase a development rights easement on a certain parcel of property owned Thomas L. Shalvey, Jr. and Catherine S. Russo, Page 8 April 11, 2006 Town of Southold Board Meeting as Executors of the Estate of Thomas L. Shalvey, Sr., Dorothy Shalvey and Frank Blados, Jr., pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-84-2-2.1. The address is 5200 Bridge Lane, Cutchogue, New York, and is located on the northeast corner of Bridge Lane and County Road 48, extending approximately 1687 feet northerly along Bridge Lane and approximately 124 feet easterly along County Road 48 in Cutchogue in the A-C zoning district. The proposed acquisition is for a development rights easement of approximately 16.5 acres (subject to survey) on the 20.0 acre parcel. The exact area of the development rights easement is subject to a Town- provided survey acceptable to the Land Preservation Committee. The purchase price for the easement is $52,000 (fifty-two thousand dollars) per buildable acre; 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 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 RESOLVEDfinds no significant impact that the Town Board of the Town of Southold hereby on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Vote Record - Resolution 2006-325 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ?? William P. Edwards Voter Adopted as Amended ?????????? Defeated Daniel C. Ross Seconder ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter Page 9 April 11, 2006 Town of Southold Board Meeting 2006-326 CATEGORY: Proclamation DEPARTMENT: Town Clerk Proclaim April 2006, As Records and Information Management Month In the Town of Southold WHEREAS the management of records and information is critical to every business, organization and government agency in facing the complexities of competition, customer service and globalization; and WHEREAS technologies for storing information are expanding the amount of information that can be acquired, with increased longevity; and WHEREAS the need to use information to create value and plan strategically is a driving force in today's world; and WHEREAS control of records and information is necessary for reduction of risk and liability as well as for compliance with global standards; and WHEREAS the citizens of the Town of Southold, Southold, New York should recognize the important service performed by records and information professionals; RESOLVED NOW, THEREFORE, BE IT that the Town Board of the Town of Southold hereby proclaims April 2006, as Records and Information Management Month in the Town of Southold and encourages all citizens to recognize this event. Vote Record - Resolution 2006-326 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Seconder ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-327 CATEGORY: Equipment DEPARTMENT: Solid Waste Management District Page 10 April 11, 2006 Town of Southold Board Meeting Authorize and Direct Supervisor Scott A. Russell to Execute an Agreement with Emerald Equipment Systems, Inc. WHEREAS the Solid Waste Management District trommel screen must be removed from service earlier than planned for extensive scheduled maintenance; and WHEREAS the District must continue to screen compost and mulch products during at least part of the maintenance period in order to meet the Spring demand of local residents and contractors, it is hereby RESOLVED authorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an agreement with Emerald Equipment Systems, Inc. for the rental of a trommel screen for a period not to exceed 2 weeks, at a cost not to exceed $3,550 per week, all in accordance with the approval of the Town Attorney. Vote Record - Resolution 2006-327 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Initiator ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Seconder ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-328 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk Grant Permission to Town Clerk Elizabeth Neville to Attend the 2006 New York State Town Clerks Association Conference In Saratoga Springs, New York RESOLVED grants permission to Town that the Town Board of the Town of Southold hereby Clerk Elizabeth Neville to attend the 2006 New York State Town Clerks Association Conference in Saratoga Springs, New York on April 23-26, 2006. All expenses for registration, travel and lodging to be a legal charge to the 2006 Town Clerk Whole Town Budget (meetings and seminars). Page 11 April 11, 2006 Town of Southold Board Meeting Vote Record - Resolution 2006-328 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Initiator ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-329 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Mattituck Chamber of Commerce to Use Town Roads for Its Annual Street Fair on Saturday July 8, 2006 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Mattituck Chamber of Commerce to use the following roads for its Annual Street Fair on Saturday July 8, 2006 beginning at 8:00 A.M., rain date of Sunday, July 9, 2006: Love Lane Pike Street provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley within ten (10) days of the approval of this resolution to coordinate traffic control. Vote Record - Resolution 2006-329 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ?? William P. Edwards Voter Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-330 CATEGORY: Budget Modification DEPARTMENT: Accounting Order and Direct that the Sum of $21,250.59 be Transferred From the General Fund Whole Town and Into the Town’s Agency & Trust Fund WHEREAS the Town of Southold received donations in 2001 from several sources for the construction of an Animal Shelter which were deposited into the Town’s Agency and Trust Page 12 April 11, 2006 Town of Southold Board Meeting Fund, and WHEREAS Animal Shelter donations were deposited to the Town’s Agency & Trust Fund Public NOW account and have earned interest at various rates ranging from .25% to 1.01% per annum for a total of $5,490.98, with said interest credited to the Town’s General Fund, and WHEREAS theTown Board of the Town of Southold appropriated amounts from the Animal Shelter donations in 2001, 2002 and 2004 for engineering and design services in connection with the construction of a new Animal Shelter, the total of which aggregated $21,250.59 and which was transferred from the Town’s Agency and Trust Fund and into the Town’s General Fund, and WHEREAS the Town Board of the Town of Southold has recently considered and deliberated on the use of said donations in 2001, 2002 and 2004 for the design of an Animal Shelter, and has determined to restore said funds including all earned interest to the Town’s Agency & Trust Fund to be used for construction only at such time as construction has commenced on said shelter, now therefore be it RESOLVED orders and directs that the that theTown Board of the Town of Southold hereby sum of $26,741.57 be transferred from the General Fund Whole Town into the Agency & Trust Fund, and that said transfer should be charged against the General Fund Whole Town 2006 Revenue budget as follows: $21,250.59 to Gifts & Donations (A.2705.40) and $5,490.98 to Interest and Earnings (A.2401.00). Vote Record - Resolution 2006-330 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Seconder ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-331 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District Page 13 April 11, 2006 Town of Southold Board Meeting Modify the 2006 Solid Waste District Budget RESOLVEDmodifies the 2006 Solid that the Town Board of the Town of Southold hereby Waste District budget as follows: From: SR.8160.1.200.100 Part Time Employee $ 2,000 SR.8160.4.400.100 Engineering $ 7,100 SR.8160.4.100.607 Encapsulator Maint. $ 1,000 SR.8160.4.100.580 Maint/Ford Tractor $ 250 To: SR.8160.1.100.200 Employee Overtime $ 2,000 SR.8160.4.100.581 Kenworth Tractor $ 1,000 SR.8160.4.100.620 Maint/Supply Ford P/U $ 250 SR.8160.4.400.700 Equipment Rental $ 7,100 Vote Record - Resolution 2006-331 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-332 CATEGORY: Employment - Town DEPARTMENT: Police Dept Appoint Jeffrey Edwards to the Position of Constable for Fishers Island RESOLVEDappoints Jeffrey Edwards that the Town Board of the Town of Southold hereby to the position of Constable for Fishers Island effective at the commencement of the next Peace Officer academy on the condition that he attends and satisfactorily completes all necessary training. Vote Record - Resolution 2006-332 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ?? William P. Edwards Initiator Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter Page 14 April 11, 2006 Town of Southold Board Meeting 2006-333 CATEGORY: Misc. Public Hearing DEPARTMENT: Land Preservation Set Tuesday, April 25, 2006, At 5:00 P.M., Southold Town Hall, 53095 Main Road, Southold, New York As the Time and Place for a Public Hearing for the Purchase of Open Space on Property Owned by Carla A. Carroll 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 sets Tuesday, April 25, 2006, at 5:00 p.m., Southold Town Hall, 53095 of Southold hereby Main Road, Southold, New York as the time and place for a public hearing for the purchase of open space on property owned by Carla A. Carroll. Said property is identified as SCTM #1000-53-3-2. The address is 1900 Pipes Neck Road, Greenport, New York, and is located on the southwesterly side of Pipes Neck Road approximately 881 feet from the intersection of Pipes Neck Road and State Route 25 in Greenport in an R-80 zoning district. The proposed acquisition is for open space and is approximately 11.0 acres (subject to survey) that borders on Pipes Creek. The proposed acquisition is for fee title to the entire open space parcel. The purchase price is $637,500.00 (six hundred thirty-seven thousand five hundred dollars). The property is listed on the Town?s Community Preservation Project Plan as property that should be preserved and 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, and undeveloped shorelines, and protection of unique and threatened ecological areas. The subject property is within the Pipes Cove area. The Town has identified the Pipes Cove area as a priority area for preservation as this area is one of the few remaining undeveloped areas of critical wetlands in the Peconic Bay Estuary. Page 15 April 11, 2006 Town of Southold Board Meeting As per Chapter 87 (Transfer of Development Rights) of the Code of the Town of Southold, Section 87-5, one (1) Sanitary Flow Credit is available from this purchase. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Vote Record - Resolution 2006-333 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ? Adopted ???????? ?? William P. Edwards Voter Adopted as Amended ?? Defeated ???????? Daniel C. Ross Initiator ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-334 CATEGORY: Employment - Town DEPARTMENT: Building Department Leave of Absence for George Gillan, Building Department RESOLVEDauthorizes a five week that the Town Board of the Town of Southold hereby unpaid leave of absence, pursuant to the FMLA, effective April 19, 2006 for George Gillen, Building Inspector in the Southold Town Building Department. Vote Record - Resolution 2006-334 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ?? William P. Edwards Voter Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-335 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bid of East Coast Mines, In the Amount of $12.95 Per Cubic Yard, for Supplying Bulk Sand for Ice Control and Highway Maintenance to the Highway Department for the 2006 Calendar Year RESOLVEDaccepts the that the Town Board of the Town of Southold hereby Page 16 April 11, 2006 Town of Southold Board Meeting bid of East Coast Mines, in the amount of $12.95 per cubic yard, for supplying Bulk Sand for Ice Control and Highway Maintenance to the Highway Department for the 2006 calendar year, all in accordance with the Town Attorney. Vote Record - Resolution 2006-335 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ?? William P. Edwards Voter Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2006-336 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Appoint Part-Time, Seasonal Deckhands for the Fishers Island Ferry District, Effective April 13, 2006 RESOLVEDappoints Peter E. Gilmore, that the Town Board of the Town of Southold hereby of Quaker Hill, CT to the position of part-time, seasonal deckhand for the Fishers Island Ferry District, effective April 13, 2006 through October 1, 2006, at a rate of $9.50 per hour, and appoints Derek Marks, of East Lyme, CT, to the position of part-time, seasonal deckhand, effective April 13, 2006 through October 1, 2006, at a rate of $9.00 per hour. Vote Record - Resolution 2006-336 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-337 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Amend the Administrative Employee Handbook to Indicate that the Administrative Employees (Including Managerial and Confidential Employees) Are Entitled to Five (5) Personal Days Per Calendar Year RESOLVEDamends the Administrative that the Town Board of the Town of Southold Employee Handbook to indicate that the Administrative employees (including Managerial Page 17 April 11, 2006 Town of Southold Board Meeting and confidential employees) are entitled to five (5) personal days per calendar year , identical to the benefit extended to the CSEA membership. Vote Record - Resolution 2006-337 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Initiator ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Seconder ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-338 CATEGORY: Seqra DEPARTMENT: Town Clerk Determine that the Proposed Type I Action Will Not Have a Significant Adverse Effect on the Environment. WHEREAS , the Town Board of the Town of Southold completed a coordinated SEQR Review of a Type I Action involving the rezoning of a 7.4 acre site located west of Sound Avenue at the Factory Avenue intersection in the Hamlet of Mattituck (SCTM # 10000-122-2-23.1) from its current R-80 single family residential district designation to the AHD, affordable housing district; and WHEREAS, the Action additionally involves the transfer of 10 sanitary flow credits to augment the site’s existing 12 credits for a total of 22 sanitary flow credits; and WHEREAS , the rezoning of the site to AHD and the transfer of sanitary flow credits will accommodate the development of a new residential development consisting of 22 single family homes supporting workforce and affordable housing; and WHEREAS , on January 17, 2006, the Town Board of the Town of Southold designated its intention to serve as Lead Agency for the SEQR review of this Action, and thereupon circulated that notice to all Involved Agencies. Page 18 April 11, 2006 Town of Southold Board Meeting NOW THEREFORE BE IT RESOLVED , that pursuant to Part 617 of the SEQR Regulations, the Town Board of the Town of Southold hereby confirms its designation as the Lead Agency for the SEQR Review of this 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 Type I Action will not have a significant adverse effect on the environment for the reasons enumerated in the attached Negative Declaration Form. Vote Record - Resolution 2006-338 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Seconder ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Initiator ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-339 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enacts the Proposed Local Law Entitled “A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of SCTM 1000-122-2-23.1 From R-80 to Affordable Housing District (AHD)” WHEREAS there was presented to the Town Board of the Town of Southold, Suffolk County, “A Local Law to Amend New York on the 6th day of December, 2005, a Local Law entitled the Zoning Map of the Town of Southold by Changing the Zoning Designation of SCTM 1000-122-2-23.1 from R-80 to Affordable Housing District (AHD)”, and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law on Tuesday January 31, 2006 at which time all interested persons were given an opportunity to be heard, and WHEREAS the Town Board determined at the conclusion of the hearing that additional written comments would be accepted on the draft SEQRA when it was completed; and Page 19 April 11, 2006 Town of Southold Board Meeting WHEREAS the Town Board received the draft SEQRA report on March 14, 2006 and advised the public on that date at the public meeting that written comments would be accepted on the SEQRA in the Town Clerk’s office until Friday March 24, 2006 at 4:00 pm. at which time the the hearing would be closed to public comment; and WHEREAS the public hearing is officially closed; and WHEREAS the Town Board has received and reviewed the written comments submitted in this matter; and WHEREAS the Town Board declared itself Lead Agency on January 17, 2006 and conducted a coordinated SEQRA review on the proposed zone change, subdivision plan, and sanitary flow credit transfer; and on April 11, 2006, adopted a negative declaration pursuant to SEQRA; and now therefor be it RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed “A Local Law to Amend the Zoning Map of the Town of Southold by Local Law entitled Changing the Zoning Designation of SCTM 1000-122-2-23.1 from R-80 to Affordable Housing District (AHD)” which reads as follows: Local Law __6__ of 2006 Section 1. Purpose - The purpose of this Local Law is to amend the Zoning Map to change the zoning on the parcel known as 1000-122-2-23.1 from R-80 to AHD, to allow for the construction of twenty-two(22) single family homes that will remain affordable in perpetuity. Section 2. Code Amendment . Based on the goals and identified housing needs of the Town, and upon our consideration of the recommendations of the Town Planning Board, the Suffolk County Planning Commission, the environmental consultant retained by the Town Board, and the public comment taken at the public hearing and otherwise, we hereby amend the official Zoning Map of the Town of Southold as adopted by Section 100-21 of the Town Code to change parcel #1000-122-2-23.1 from R-80 to AHD. The property is approximately 7.4 acres and is located off of Factory and Sound Avenues in the Town of Southold. Page 20 April 11, 2006 Town of Southold Board Meeting Section 3. Severability . If a section or subsection, paragraph, clause, phrase or provision of this law shall be judge invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. Section 4. This Local Law shall take effect immediately upon filing with the Secretary of State. Vote Record - Resolution 2006-339 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2006-340 CATEGORY: Sanitary Flow Credits DEPARTMENT: Town Clerk Transfer Ten (10) Sanitary Flow Credits From the Town TDR Bank and to the Community Development Corporation of Long Island for Its Proposed Development of 22 Single Family Affordable Homes for the “Cottages of Mattituck” Development At SCTM# 1000-122-2-23.1; WHEREAS , the Town of Southold has established a Transfer of Development Rights Program whereby Sanitary Flow Credits can be transferred into a TDR Bank from open space lands purchased by the Town of Southold; and WHEREAS the TDR Bank currently has 21.4 credits on deposit from lands purchased by the Town of Southold that are located within the Mattituck-Cutchogue School District; and WHEREAS an application for transfer of Sanitary Flow Credits was filed by the Community Development Corporation of Long Island (CDCLI) on March 2, 2006 seeking transfer of 12 credits to the property known as SCTM# 1000-122-2-23.1 located on Sound Avenue and Factory Avenues in Mattituck, in the Mattituck-Cutchogue school district; and WHEREAS the applicant seeks to utilize the credits on land designated as Affordable Housing District (AHD) to create affordable homes that will remain affordable in perpetuity, pursuant to Town Code Sections 100-50 et al, and Chapter 87; and Page 21 April 11, 2006 Town of Southold Board Meeting WHEREAS the applicant seeks to utilize the credits on land within a designated receiving area; and it is hereby WHEREAS the Town Board held a public hearing on the action on March 28, 2006, at which time all persons were given the opportunity to be heard; and WHEREAS the applicant modified its application and now seeks the transfer of 10 credits, to create a development of 22 affordable homes on the aforementioned property; and WHEREAS the Town Board conducted a coordinated SEQRA review of the action, and issued a Negative Declaration on April 11, 2006; and it is hereby RESOLVED that the Town Board has evaluated the effects of the proposed transfer and finds that the district contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and further finds that that there will be no significant environmentally damaging consequences and that such development is compatible with the comprehensive planning efforts of the Town, and the Town Board incorporates the report of the Planning Board dated April 10, 2006 regarding the same; and it is further RESOLVEDtransfers ten (10) sanitary that the Town Board of the Town of Southold hereby flow credits from the Town TDR Bank and to the Community Development Corporation of Long Island for its proposed development of 22 single family affordable homes for the “Cottages of Mattituck” development at SCTM# 1000-122-2-23.1 ; and it is further RESOLVED that upon issuance of the Sanitary Flow Credit Certificate, the Town Clerk shall enter this deduction of ten (10) sanitary flow credits from the Sanitary Flow Credit Log; and be it further Page 22 April 11, 2006 Town of Southold Board Meeting RESOLVED that the applicant shall receive a Sanitary Flow Credit Certificate, which shall not be signed by the Supervisor and released by the Town Clerk to the applicant until the covenants and restrictions required by Town Code Section 87-9 have been filed and such filing has been approved by the Town Attorney; and be it further RESOLVED that the Town Clerk shall forward this resolution to the Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database and GIS system. Vote Record - Resolution 2006-340 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ?? William P. Edwards Seconder Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-341 CATEGORY: Employment - Town DEPARTMENT: Town Attorney Grant a Six (6) Month Extension to the Maternity Leave of Absence Previously Extended to Town Employee Shannon Yolcin RESOLVEDgrants a six (6) month that the Town Board of the Town of Southold hereby extension to the maternity leave of absence previously extended to Town employee Shannon Yolcin , to expire on October 1, 2006. Vote Record - Resolution 2006-341 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? ?? William P. Edwards Voter Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-342 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Retain Given Associates, LLC, to Prepare an Appraisal of the Property Located At 1170 Peconic Lane, Page 23 April 11, 2006 Town of Southold Board Meeting Peconic RESOLVEDretains Given Associates, that the Town Board of the Town of Southold hereby LLC, to prepare an appraisal of the property located at 1170 Peconic Lane, Peconic , also known as the Peconic School. Vote Record - Resolution 2006-342 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Initiator ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Seconder ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2006-343 CATEGORY: Employment - Town DEPARTMENT: Accounting Peter Gatz - DPW Groundskeeper RESOLVEDappoints Peter Gatz to the that the Town Board of the Town of Southold hereby position of Groundskeeper II, in the Department of Public Works at a rate of $24.4208 per hour, effective April 13, 2006 Vote Record - Resolution 2006-343 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Voter ?? Adopted as Amended ???????? William P. Edwards Voter ?? Defeated ???????? Daniel C. Ross Initiator ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Voter Next: Apr 25, 2006 4:30 PM ???????? Scott Russell Voter 2006-344 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Land Preservation Elect to Purchase a Development Rights Easement on Agricultural Land Owned by Thomas L. Shalvey, Jr. and Catherine S. Russo, As Executors of the Estate of Thomas L. Shalvey, Sr., Dorothy Shalvey and Frank Blados, Jr., Pursuant to the Provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold 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 a certain parcel of property owned by Thomas Page 24 April 11, 2006 Town of Southold Board Meeting L. Shalvey, Jr. and Catherine S. Russo, as Executors of the Estate of Thomas L. Shalvey, Sr., Dorothy Shalvey and Frank Blados, Jr., on the 11th day of April, 2006, pursuant to the provisions of Chapter 25 (Agricultural Lands Preservation) and Chapter 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 identified as part of SCTM #1000-84-2-2.1. The address is 5200 Bridge Lane, Cutchogue, New York, and is located on the northeast corner of Bridge Lane and County Road 48, extending approximately 1687 feet northerly along Bridge Lane and approximately 124 feet easterly along County Road 48 in Cutchogue in the A-C zoning district; and WHEREAS , the development rights easement comprises approximately 16.5 acres (subject to survey) on the 20.0 acre parcel. The exact area of the development rights easement is subject to a Town-provided survey acceptable to the Land Preservation Committee; and WHEREAS , the purchase price for the easement is $52,000 (fifty-two thousand dollars) per buildable acre; and WHEREAS , the property is listed on the Town’s Community Preservation Project Plan as property that should be preserved due to its agricultural value, scenic vista, and as an aquifier recharge area; and WHEREAS , the property is in the vicinity of other lands preserved by the Town; and WHEREAS , the purchase of the development rights on this property is in conformance with the provisions of Chapter 6 (Community Preservation Fund) and Chapter 25 (Agricultural Lands Preservation) of the Town Code, and Page 25 April 11, 2006 Town of Southold Board Meeting WHEREAS , the proposed action has been reviewed pursuant to Chapter 95 of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has determined that this action is consistent with the LWRP; and WHEREAS , the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now, therefore, be it RESOLVEDelects to purchase a that the Town Board of the Town of Southold hereby development rights easement on agricultural land owned by Thomas L. Shalvey, Jr. and Catherine S. Russo, as Executors of the Estate of Thomas L. Shalvey, Sr., Dorothy Shalvey and Frank Blados, Jr., pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-84-2-2.1. The address is 5200 Bridge Lane, Cutchogue, New York, and is located on the northeasterly side of Bridge Lane extending approximately 1687 feet northerly along Bridge Lane and approximately 124 feet easterly along County Road 48 in Cutchogue in the A-C zoning district. The development rights easement comprises approximately 16.5 acres (subject to survey) on the 20.0 acre parcel. The exact area of the development rights easement is subject to a Town-provided survey acceptable to the Land Preservation Committee. The purchase price for the easement is $52,000 (fifty-two thousand dollars) per buildable acre. Vote Record - Resolution 2006-344 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Initiator ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 32. Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:55 P.M. Vote Record - Adjourn Town Board Meeting ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ???????? William P. Edwards Voter ? Adopted ?????????? Defeated Daniel C. Ross Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter Page 26 April 11, 2006 Town of Southold Board Meeting VI. Public Hearings 1. Motion to recess to Public Hearing RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board Recessed in order to hold a public hearing at 8:00 p.m.. Vote Record - Motion to recess to Public Hearing ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ???????? William P. Edwards Voter ? Adopted ?????????? Defeated Daniel C. Ross Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter Public Hearing # 1 8:00 P.M.- PHPDRE A UBLIC EARING FOR THE URCHASE OF A EVELOPMENT IGHTS ASEMENT PPOTL. S, J. CS. ON A ORTION OF THE ROPERTY WNED BY HOMAS HALVEYRAND ATHERINE R, AEETL. S, S., DS USSOS XECUTORS OF THE STATE OF HOMAS HALVEYROROTHY HALVEY FB, J. AND RANK LADOSR Vote Record - Public Hearing #2 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ???????? William P. Edwards Voter ? Adjourned ???????? Daniel C. Ross Voter ?? Closed ???????? Thomas H. Wickham Initiator ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter Page 27