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HomeMy WebLinkAboutTB-10/25/2005 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 MINUTES October 25, 2005 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, October 25, 2005 at the Meeting Hall, Southold, NY. Supervisor Horton opened the meeting at 7:30 PM with the Pledge of Allegiance to the Flag. Attendee Name Organization Title Status Arrived 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 John M. Romanelli Town of Southold Councilman Present 7:30 PM Louisa P. Evans Town of Southold Justice Absent 7:30 PM Joshua Y. Horton 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 Town Attorney Present 7:30 PM I. Reports Subject Details 1. Recreation Department Monthly Report September 2005 2. Southold Town Budget Report Month ending September 2005 3. Trustees Monthly Report September 2005 4. Justice Bruer Monthly Report September 2005 5. Justice Evans Monthly Report September 2005 6. Justice Price Monthly Report September 2005 II. Public Notice Subject Details 1. Notice of Scallop Season by Board of Trustees Scallop season set as: Non-Com only 11/7/05 to 11/20/05; Comm & Non-Com 11/21/05-3/31/06 except Hallocks Bay, which will close on Sunday, 12/04/05 III. Communications None Page 1 October 25, 2005 Town of Southold Board Meeting IV. For Discussion Subject Details 1. Public Safety Dispatchers Chief Cochran 2. Status of Dog Run Councilman Ross 3. Maintenance of Town Hall Annex Councilman Ross 4. Temporary Structure At Landfill Councilman Ross 5. Transportation Commission per Councilman Wickham V. Resolutions Minutes Approval » Accept the Minutes of 8/10/2005 1:30 PM Vote Record - Minutes Acceptance of August 10, 2005 1:30 PM ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ???????? Daniel C. Ross Seconder ? Accepted ?????????? Accepted as Amended Thomas H. Wickham Initiator ?? Tabled ???????? John M. Romanelli Voter ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter » Accept the Minutes of 8/16/2005 4:30 PM Vote Record - Minutes Acceptance of August 16, 2005 4:30 PM ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ???????? Daniel C. Ross Seconder ? Accepted ?????????? Accepted as Amended Thomas H. Wickham Initiator ?? Tabled ???????? John M. Romanelli Voter ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter th SUPERVISOR HORTON: Good evening and welcome to the October 25, 7:30 PM public meeting of the Southold Town Board. Please rise and join with me in the Pledge of Allegiance to the Flag. We have available at the Town Clerk’s office for review by the public reports, public notices, communications and other town documents. The Town Clerk’s office is open 8:00 AM through 4:00 PM Monday through Friday. I believe we have one public hearing on this evening, to commence at 8:00. Justice Evans will not be joining us this evening, the ferry service from New London, Connecticut to Orient Point was disbanded today due to heavy weather conditions. Before we get started I ask, I have some people that I would like to come forward and I have a presentation to make. We have the Chiefs of the Fire Departments of Southold Town and Pete Harris, the Highway Superintendent come forward. These gentlemen all came from various places during the day, some are still working, some are on the job and hence our lack of uniformity but nonetheless, the one thing that we have in common is leadership and lots of hard work over a very difficult time in the community over the last couple of weeks. I always make it a point to recognize community leaders whenever I can, given their participation in particular events in the town and over the past couple of weeks, as you all know, we have had heavy wind and heavy rains. And in fact, we have coined them the October rains of 2005. I think they are something that we will remember as a weather event that will go down in Southold Town history. What happened on the course of those nine days of record rains, I Page 2 October 25, 2005 Town of Southold Board Meeting believe we saw in excess of 17 inches of rain, more than we have seen in years. People’s basements flooded and it wasn’t your typical flooding. It wasn’t a couple of inches, it wasn’t damp walls; it was flooding five, six, seven feet deep. The entire basement was completely filled with water. And our Highway Department under the leadership of Pete Harris and Chuck King turned out the crews, the Highway crews worked round the clock. In fact, we have people in the Highway Department, their own basements were flooded and the same on the Fire Department. We have members of the Fire Department, their own basements were flooded but they went to work for their fellow townsmen. And I wanted to take this opportunity to recognize them, so we have a number of proclamations, they say the same thing with different names. What I am going to do is Pete, why don’t you come on up and I am going to read the proclamation in its entirety. WHEREAS the Town Board of the Town of Southold on behalf of residents of Southold Town wishes to express gratitude to the agencies that were involved WHEREAS during the recent record rains that fell on eastern Long Island, in excess of 17 inches, these crews worked around the clock during unprecedented conditions of flooding and road clearing and WHEREAS it is with deep appreciation that we recognize the dedicated efforts of these gentlemen and their crews and they performed their duties in an exemplary fashion, ensuring the security and safety of both people and property; now, therefore be it RESOLVED that the Town Board of the Town of Southold hereby thanks each and everyone of you in the Highway Department and the Fire Departments for their commitment to the service during what will always be remembered as the October Rains of 2005. Thank you each of you. Pete Harris, this is for you. Please thank Chuck King for me. Thank everyone of your men in the Highway Department and I would like to hand these out individually. Chief Brewer, Chief Donohue, Chief Helinski and Chief Harned. Please thank everybody in your department for (inaudible) I know I would call Pete, I would call John; I called a number of you at midnight or 1:00 in the morning and people were still at it, so thank you very much. We will proceed with the agenda. Prior to reading or voting on any of our resolutions, we will offer the floor to the public to address the Board on specific resolutions, we also offer the floor to the public over the course of the public hearing and at the end of the, prior to adjournment of the meeting to address the Town Board on other town related items. Moving forward, I would request a motion to accept the minutes. Would anybody care to address the Board on resolutions we have before us this evening? Yes, sir. FRANK WILLS: Good evening, Frank Wills, Mattituck. I would like to ask about motion 667, the disposal of the excess or obsolete computer equipment? Can you tell me what are we going to do with it? There is a whole array… Page 3 October 25, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: These computer, these items, this equipment have been deemed unusable and obsolete, so they are either broken beyond repair or equipment that you can’t get the parts, you know, to repair them are out of date. So we dispose of them in their entirety. If we have useable computer equipment that we no longer have use for, we always put them out to bid and we also work with local non-profit organizations to see if there be a need. MR. WILLS: The reason I bring it up, there are quite a few companies that actually recover some of the metals in the computer equipment, including taking instead of landfilling monitors which contain up to 30 percent lead, they are reused in places. So, if the Town is just going to dump them into a landfill, I would suggest getting a hold of some of them, I can put people in touch that may be able to recover and do recover valuable elements in the computer, monitors. SUPERVISOR HORTON: Okay. That is advice well-taken. Thank you. Would anyone else care to address the Board on specific resolutions? (No response) Then we will move forward. 2005-653 CATEGORY: Audit DEPARTMENT: Town Clerk Approve October 25, 2005 Audit RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby October 25, 2005. Vote Record - Resolution 2005-653 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? ??Daniel C. Ross Seconder Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Initiator ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-654 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set November 10, 2005 At 7:00 P.M. As Next Regular Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Thursday, November 10, 2005 at the Southold Town Hall, Southold, New York at 7:00 P. M.. Page 4 October 25, 2005 Town of Southold Board Meeting Vote Record - Resolution 2005-654 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Seconder ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Initiator ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-655 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Clerk Set 4:00 P.M. and 7:30 P.M., November 10, 2005, At the Southold Town Hall, As the Time and Place for a Public Hearing on the 2006 Preliminary Budget Approveset 4:00 p.m. and 7:30 p.m., Thursday, November the 2006 Preliminary budget, and 10, 2005, at the Southold Town Hall, as the time and place for a public hearing on the 2006 Preliminary Budget of the Town of Southold. Vote Record - Resolution 2005-655 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? ??Daniel C. Ross Seconder Adopted as Amended ?????????? Defeated Thomas H. Wickham Initiator ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-656 CATEGORY: Employment DEPARTMENT: Police Dept Accept the Letter of Resignation From Public Safety Dispatcher Jeffrey S. Biggs, Effective November 1, 2005 RESOLVEDaccepts the letter of that the Town Board of the Town of Southold hereby resignation from Public Safety Dispatcher Jeffrey S. Biggs , effective Tuesday, November 1, 2005. Page 5 October 25, 2005 Town of Southold Board Meeting Vote Record - Resolution 2005-656 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Seconder ?? Tabled ???????? John M. Romanelli Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-657 CATEGORY: Budget Modification DEPARTMENT: Police Dept Modify the 2005 General Fund Whole Town Budget - Police Dept modifies the 2005 General Resolved that the Town Board of the Town of Southold hereby Fund Whole Town Budget as follows: TO: A.3130.4.400.650 Vehicle Maintenance & Repairs $10,147.75 FROM: A.3120.1.600.500 Retirement Reserve $10,147.75 Vote Record - Resolution 2005-657 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Initiator ? Adopted ???????? ??Daniel C. Ross Voter Adopted as Amended ?????????? Defeated Thomas H. Wickham Seconder ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-658 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Oysterponds Union Free School District to Use Town Roads for Its Annual Halloween Parade In Orient on Monday, October 31, 2005 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Oysterponds Union Free School District to use the following roads for its Annual Halloween Parade in Orient on Monday, October 31, 2005 beginning at 1:15 PM: Page 6 October 25, 2005 Town of Southold Board Meeting Village Lane Orchard Street Tabor Lane 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 2005-658 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Seconder ? Adopted ???????? ??Daniel C. Ross Initiator Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-659 CATEGORY: Budget Modification DEPARTMENT: Police Dept Modify the 2005 General Fund Whole Town Budget - Police RESOLVEDmodifies the 2005 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.3157.1.100.100 Regular Earnings $41,925.10 To: A.3120.4.100.200 Gas & Oil $30,000.00 A.3120.4.400.650 Vehicle Maintenance & Repairs $11,925.10 Vote Record - Resolution 2005-659 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? ??Daniel C. Ross Voter Adopted as Amended ?????????? Defeated Thomas H. Wickham Initiator ?? Tabled ???????? John M. Romanelli Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter Page 7 October 25, 2005 Town of Southold Board Meeting 2005-660 CATEGORY: Employment DEPARTMENT: Police Dept Authorize and Direct the Town Clerk to Advertise for a Constable - Fishers Island RESOLVEDauthorizes and directs the Town Clerk that the Town Board of Southold hereby to advertise for a Constable on Fishers Island. Vote Record - Resolution 2005-660 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Seconder ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-661 CATEGORY: Misc. Public Hearing DEPARTMENT: Community Development Set 8:05 P.M. Tuesday, November 22, 2005, Southold Town Hall, 53095 Main Road, Southold, NY, As the Time and Place for a Public Hearing to Hear Citizens Views on Local Housing and Community Development Needs RESOLVEDhereby sets 8:05 P.M. Tuesday, that the Town Board of the Town of Southold November 22, 2005, Southold Town Hall, 53095 Main Road, Southold, New York 11971, as the time and place for a Public Hearing to hear citizens views on local housing and community development needs to be met with approximately $142,000 in Community Development Block Grant funds the Town of Southold expects to receive in April 2006 and authorizes Town Clerk Elizabeth Neville to publish an “Announcement of Public Hearing Notice” Vote Record - Resolution 2005-661 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Initiator ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter Page 8 October 25, 2005 Town of Southold Board Meeting 2005-662 CATEGORY: Budget Modification DEPARTMENT: Public Works Modify the 2005 General Fund Whole Town - Building & Grounds Budget RESOLVEDmodifies the 2005 General that the Town Board of the Town of Southold hereby Fund Whole Town – Building & Grounds budget as follows: From: A.1620.2.500.350 Beach Improvements $2,500 To: A.1620.4.100.100 Miscellaneous Supplies $2,500 Vote Record - Resolution 2005-662 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Seconder ? Adopted ???????? Daniel C. Ross Initiator ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-663 CATEGORY: Budget Modification DEPARTMENT: Public Works Modify the 2005 General Fund Whole Town - Building & Grounds Budget RESOLVEDmodifies the 2005 General that the Town Board of the Town of Southold hereby Fund Whole Town – Building & Grounds budget as follows: From: A.1620.2.500.350 Beach Improvements $3,000 To: A1620.4.100.300 Janitorial Supplies $3,000 Vote Record - Resolution 2005-663 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? ??Daniel C. Ross Seconder Adopted as Amended ?????????? Defeated Thomas H. Wickham Initiator ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter Page 9 October 25, 2005 Town of Southold Board Meeting 2005-665 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to PO Thomas Hudock and PO William Brewer to Attend a Seminar on Basic Interviewing & Interrogation Techniques In Ithaca, NY RESOLVED grants permission to Police that the Town Board of the Town of Southold hereby Officers Thomas Hudock and William Brewer to attend a seminar on Basic Interviewing & Interrogation Techniques in Ithaca, NY sponsored by the State of New York Police Juvenile Officers Association, Inc., commencing on Monday, November 28 through Friday, December 2, 2005. All expenses for travel and meals to be a legal charge to the 2005 Police Training budget line - A.3120.4.600.200. Vote Record - Resolution 2005-665 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Seconder ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-666 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes Supervisor Joshua Y. Horton to Execute Any and All Documents Necessary to Effectuate the Release of Letter of Credit Number Y034116 Issued by UBS AG Regarding Cove Beach Estates IT IS HEREBY RESOLVEDauthorizes that the Town Board of the Town of Southold Supervisor Joshua Y. Horton to execute any and all documents necessary to effectuate the release of Letter of Credit Number Y034116 issued by UBS AG in the matter of the proposed Major Subdivision of Cove Beach Estates, including any warranties and indemnity regarding the presentation of the Letter of Credit. Page 10 October 25, 2005 Town of Southold Board Meeting Vote Record - Resolution 2005-666 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Initiator ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Seconder ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-667 CATEGORY: Surplus Equip - Non Usable DEPARTMENT: Data Processing Declare Misc. Computer Equipment to be Surplus and Obsolete RESOLVEDdeclares the following that the Town Board of the Town of Southold hereby computer equipment to be surplus equipment , and be it further RESOLVEDthe disposal of same as they are unusable and that the Town Board authorizes obsolete . Equipment Type Asset Class Acquisition Date Printer 1 47 10/6/1987 Computer 11 45 10/23/1987 Computer 12 45 10/23/1987 Computer 13 45 10/23/1987 Printer 23 46 10/31/1987 Printer 25 47 11/29/1987 Printer 26 46 10/23/1987 Printer 27 47 10/15/1987 Computer 31 44 3/21/1988 Computer 33 45 12/31/1987 Computer 41 45 12/31/1987 Printer 408 47 2/2/1985 Printer 453 46 5/20/1988 Printer 454 46 5/28/1988 Printer 455 47 5/28/1988 Computer 459 45 5/24/1989 Page 11 October 25, 2005 Town of Southold Board Meeting Computer 461 45 5/24/1988 Printer 650 47 7/12/1988 Printer 651 47 7/12/1988 Printer 675 47 9/19/1988 Computer 720 44 1/10/1989 Computer 735 44 2/7/1989 Computer 736 44 2/7/1989 Printer 783 46 7/7/1989 Printer 784 46 7/7/1989 Printer 1142 46 6/6/1989 Printer 1211 47 12/5/1989 Printer 1212 47 12/5/1989 Printer 1214 47 12/5/1989 Computer 1215 45 11/18/1989 Computer 1219 44 12/6/1989 Computer 1223 44 9/8/1989 Computer 1256 45 12/31/1989 Computer 1257 45 12/31/1989 Computer 1261 45 1/7/1990 Computer 1262 45 1/10/1990 Computer 1263 45 1/10/1990 Printer 1353 47 5/22/1991 Printer 1644 44 1/1/1990 Printer 1645 44 1/1/1990 Printer 1647 44 1/1/1990 Printer 1650 46 1/1/1990 Printer 1652 46 1/1/1990 Printer 1653 46 1/1/1993 Computer 1706 45 3/10/1992 Computer 1707 45 3/10/1992 Computer 1717 44 3/25/1992 Computer 1738 44 4/3/1992 Computer 1754 45 7/7/1992 Computer 1764 44 7/23/1992 Computer 1791 44 1/6/1993 Computer 1792 44 1/6/1993 Computer 1793 44 1/6/1993 Page 12 October 25, 2005 Town of Southold Board Meeting Computer 1795 44 1/6/1993 Computer 1796 44 1/6/1993 Computer 1800 44 2/8/1993 Computer 1809 45 2/24/1993 Computer 1829 44 4/12/1993 Printer 1830 46 1/21/1993 Computer 1831 44 1/7/1993 Computer 1832 44 1/7/1993 Computer 1833 44 1/7/1993 Computer 1834 44 1/27/1993 Computer 1835 44 1/27/1993 Printer 1900 46 1/1/1993 Computer 1906 44 5/18/1993 Computer 1907 44 5/18/1993 Computer 1909 44 5/18/1993 Computer 1974 44 1/6/1993 Computer 1980 45 3/7/1994 Computer 1991 45 3/15/1994 Computer 1997 44 6/1/1994 Computer 1998 44 5/2/1994 Computer 1999 44 5/2/1994 Computer 2038 44 3/24/1994 Computer 2039 44 3/24/1994 Computer 2040 44 3/24/1994 Computer 2041 44 3/24/1994 Computer 2042 44 3/24/1994 Computer 2056 44 10/4/1994 Computer 2073 44 7/27/1995 Computer 2075 44 7/27/1995 Computer 2088 44 9/20/1995 Computer 2089 44 10/20/1995 Computer 2096 44 12/25/1995 Computer 2097 44 12/25/1995 Computer 2116 45 12/25/1995 Computer 2197 44 5/31/1996 Computer 2226 44 9/11/1996 Computer 2268 44 6/25/1997 Page 13 October 25, 2005 Town of Southold Board Meeting Computer 2310 44 11/18/1997 Computer 2405 44 11/12/1998 Computer 2406 44 11/12/1998 Computer 2407 44 11/12/1998 Computer 2408 44 11/12/1998 Printer 2485 46 10/15/1998 Computer 2552 44 12/15/1999 Computer 3099 40 5/10/1995 Computer 3477 45 3/7/1994 Computer 6546 45 10/15/1998 Vote Record - Resolution 2005-667 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Seconder ? Adopted ???????? ??Daniel C. Ross Initiator Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-668 CATEGORY: Grants DEPARTMENT: Community Development Authorize and Direct Supervisor Joshua Y. Horton to Sign the 2006 OCFS Program Application for Funding for the Southold Juvenile Aid Bureau RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Joshua Y. Horton to sign the 2006 OCFS Program Application for funding for the Southold Juvenile Aid Bureau , in the amount of $27, 395. Vote Record - Resolution 2005-668 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Seconder ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Initiator ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter Page 14 October 25, 2005 Town of Southold Board Meeting 2005-669 CATEGORY: Misc. Public Hearing DEPARTMENT: Land Preservation Set November 22, 2005, At 8:00 P.M., Southold Town Hall, 53095 Main Road, Southold, New York As the Time and Place for a Public Hearing for the Purchase of a Development Rights Easement on a Portion of the Property Owned by Flower Hill Building Corp. RESOLVED that pursuant to the provisions of Chapter 25 (Agricultural Lands) and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of sets Tuesday, November 22, 2005, at 8:00 p.m., Southold Town Hall, 53095 Southold hereby Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on a portion of the property owned by Flower Hill Building Corp. Said property is identified as SCTM #1000-69.-3-10.1. The address is 50275 Ackerly Pond Lane, Southold, New York, and is located on the easterly side of Ackerly Pond Lane, approximately 934 feet northerly from the intersection of Route 25 and Ackerly Pond Lane (a/k/a Bowery Lane) in Southold. The proposed acquisition is for approximately 22.23 acres (subject to survey) of the approximately 27.1260 acre parcel now before the Town Planning Department as a proposed conservation subdivision. The purchase price is $35,000 (thirty-five thousand dollars) per buildable acre. The exact area of the purchase is subject to a Town provided survey acceptable to the Land Preservation Committee. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. 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. COUNCILMAN WICKHAM: I would like to recuse myself from this because I have a relationship with one of the principals. Vote Record - Resolution 2005-669 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Seconder ? Adopted ???????? ??Daniel C. Ross Voter Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter Page 15 October 25, 2005 Town of Southold Board Meeting 2005-670 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Joshua Y. Horton to Execute the Application for Service Between the Town of Southold and Verizon RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Joshua Y. Horton to execute the Application for Service between the Town of Southold and Verizon for the maintenance of the existing Centrex phone lines at the Police Station, for a term of one year, subject to the approval of the Town Attorney. Vote Record - Resolution 2005-670 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Initiator ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-671 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Joshua Y. Horton to Execute the Agreement for Service Between the Town of Southold and IBM (International Business Machines Corporation) RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Joshua Y. Horton to execute the Agreement for Service between the Town of Southold and IBM (International Business Machines Corporation) for the maintenance of the hardware in connection with the new server for Town Hall, for a term of two years, subject to the approval of the Town Attorney. Vote Record - Resolution 2005-671 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? ??Daniel C. Ross Initiator Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter Page 16 October 25, 2005 Town of Southold Board Meeting 2005-672 CATEGORY: Bid Acceptance DEPARTMENT: Data Processing Reject an and All Bids Received on September 8, 2005 for the Installation of a New Server At Town Hall. RESOLVED rejects any and all bids that the Town Board of the Town of Southold hereby received on September 8, 2005 for the installation of a new server at Town Hall. Vote Record - Resolution 2005-672 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Seconder ? Adopted ???????? ??Daniel C. Ross Voter Adopted as Amended ?????????? Defeated Thomas H. Wickham Initiator ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-673 CATEGORY: Authorize to Bid DEPARTMENT: Public Works Authorize and Direct the Town Clerk to Advertise for Bids for the Purchase of a 4-Wheel Drive Compact Tractor RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for the purchase of a 4-wheel drive compact tractor for the Department of Public Works (A.1620.2.500.700 Yard Maintenance Equipment). Vote Record - Resolution 2005-673 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Seconder ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-674 CATEGORY: Budget Modification DEPARTMENT: Human Resource Center Page 17 October 25, 2005 Town of Southold Board Meeting Modify the 2005 General Fund, Whole Town Budget RESOLVEDmodifies the 2005 General that the Town Board of the Town of Southold hereby Fund, Whole Town budget as follows: From: A.6772.4.100.500 Motor Vehicle Parts and Supplies $ 700.00 To: A.6772.4.100.110 Program Supplies and Materials $200.00 A.6772.4.600.300 Travel Reimbursement $500.00 Vote Record - Resolution 2005-674 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Initiator ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-675 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Joshua Y. Horton to Execute the License Agreement Between the Town of Southold and the Suffolk County Real Property Tax Service Agency and the Sub-License Agreement Between the Town of Southold and the Cornell Lab of Omithology RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Joshua Y. Horton to execute the License Agreement between the Town of Southold and the Suffolk County Real Property Tax Service Agency and the Sub-License Agreement between the Town of Southold and the Cornell Lab of Omithology for the Suffolk County GIS Basemap computer database, for a term of five years, subject to the approval of the Town Attorney. Vote Record - Resolution 2005-675 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Seconder ? Adopted ???????? ??Daniel C. Ross Initiator Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter Page 18 October 25, 2005 Town of Southold Board Meeting 2005-676 CATEGORY: Tax Lien DEPARTMENT: Town Clerk Tax Lien on Thomas and Carolyn Doherty Taxes for Unpaid 2005 Fishers Island Sewer District Rent. RESOLVED that the Town Board of the Town of Southold, in accordance with Section 76-23 determines that the Fishers Island of Chapter 76 of the Code of the Town of Southold, hereby Sewer District rent owed by Thomas F. and Carolyn Doherty, Jr. in the amount of $1614.38 for the year of 2005 which rent remains unpaid, shall be levied against the real property of Thomas F. Doherty, Jr. (Carolyn Juleen Doherty SCTM #1000-12-1-2), and shall be collected at the same time and in the same manner as Town taxes. Vote Record - Resolution 2005-676 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Seconder ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Initiator ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-677 CATEGORY: Seqra DEPARTMENT: Town Clerk Declare the Town Board of the Town of Southold As the Lead Agency and Determined that the Proposed Unlisted Action Will Not Have a Significant Adverse Effect on the Environment. WHEREAS , the Town Board of the Town of Southold is conducting an uncoordinated SEQR Review of an Unlisted Action involving an amendment to Chapter 1002 of the Code of the Town of Southold, regarding the use regulations in the AC, R-80, R-120, R-200, R-400 and HD zoning districts and historic buildings; and WHEREAS, the purpose of the amendment is to allow the use of historic buildings, particularly those identified on the State and National Registers of Historic Places, to permit, through special Page 19 October 25, 2005 Town of Southold Board Meeting exception, the use of the building for community events, professional offices and an apartment. The density, bulk and area regulations for these uses districts not be changed. NOW THEREFORE BE IT RESOLVED , that pursuant to Part 617 of the SEQR Regulations, Town Board of the Town of Southold hereby designates itself as the Lead Agency for the 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 Lead Agency has determined that the proposed Unlisted Action will Conservation Law, the not have a significant adverse effect on the environment for the reasons enumerated in the attached Negative Declaration Form . Vote Record - Resolution 2005-677 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Seconder ?? Tabled ???????? John M. Romanelli Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-678 CATEGORY: L W R P DEPARTMENT: Town Clerk Determine that the Proposed Local Law Entitled “A Local Law In Relation to Use of Historic Buildings In Residential Districts” is Consistent with the Town’s LWRP and the Policy Goals Stated Therein. WHEREAS the Town Board of the Town of Southold has proposed Local Law entitled “A Local Law in relation to Use of Historic Buildings in Residential Districts”, and WHEREAS the Town Board of the Town of Southold adopted a negative declaration under the SEQRA rules and regulations relating to the proposed Local Law, and Page 20 October 25, 2005 Town of Southold Board Meeting WHEREAS the Town Board is in receipt of the Town of Southold Local Waterfront Revitalization Program (LWRP) Consistency Coordinator’s recommendation that the proposed Local Law is consistent with the Town of Southold LWRP, now therefor be it RESOLVEDthat the proposed local law entitled by the Town Board of the Town of Southold “A Local Law in relation to Use of Historic Buildings in Residential Districts” is consistent with the Town’s LWRP and the policy goals stated therein . Vote Record - Resolution 2005-678 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Initiator ? Adopted ???????? ??Daniel C. Ross Voter Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-679 CATEGORY: Litigation DEPARTMENT: Town Attorney Authorizes and Directs the Town Attorney to Commence an Action In Supreme Court, Suffolk County, Against Alfred Strazza RESOLVEDhereby authorizes and directs the that the Town Board of the Town of Southold Town Attorney to commence an action in Supreme Court, Suffolk County, against Alfred Strazza to direct Mr. Strazza to remove an illegal structure in West Creek. Vote Record - Resolution 2005-679 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Seconder ? Adopted ???????? ??Daniel C. Ross Initiator Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-680 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Accounting Page 21 October 25, 2005 Town of Southold Board Meeting Authorize and Direct Supervisor Joshua Y. Horton to Execute an Agreement Between the Town of Southold and Milliman Inc. RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Joshua Y. Horton to execute an agreement between the Town of Southold and Milliman Inc. in connection with the actuarial attestation for the 28% subsidy associated with the Medicare Part “D”benefit to become effective January 1, 2006, said services to be paid for by PharmaCare Management Services, and said agreement in accordance with the approval of the Town Attorney. Vote Record - Resolution 2005-680 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Seconder ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Initiator ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-681 CATEGORY: Litigation DEPARTMENT: Town Attorney Authorizes the Settlement of the Claim of Frank McBride & Sons, Inc. Relating to Property Damage Suffered and Payment In the Amount of $750.00 RESOLVEDauthorizes the settlement that the Town Board of the Town of Southold hereby of the claim of Frank McBride & Sons, Inc. relating to property damage suffered and payment in the amount of $750.00. Vote Record - Resolution 2005-681 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Seconder ?? Tabled ???????? John M. Romanelli Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-682 CATEGORY: Close/Use Town Roads Page 22 October 25, 2005 Town of Southold Board Meeting DEPARTMENT: Town Clerk Southold PTA Halloween Parade RESOLVEDgrants permission for the that the Town Board of the Town of Southold hereby Southold PTA to use the following roads on Saturday, October 29, 2005 beginning at approximately 12:00 P.M. for the Halloween Parade: Silversmith Corner, Main Road, and Oaklawn Avenue provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town Southold as an additional insured and notify Capt. Flatley immediately to coordinate traffic. Vote Record - Resolution 2005-682 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Initiator ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-683 CATEGORY: Appoint to Committee DEPARTMENT: Town Clerk Appoint Mark Terry As a Member of the East End Transportation Commission RESOLVEDappoints Mark Terry as a that the Town Board of the Town of Southold hereby member of the East End Transportation Commission to fill the vacancy left by Valerie Scopaz. Vote Record - Resolution 2005-683 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Seconder ? Adopted ???????? Daniel C. Ross Initiator ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter COUNCILMAN ROMANELLI: That is all we have until after the public hearing. SUPERVISOR HORTON: Indeed it is. We have just a couple of seconds left regarding before we move to public hearing. The, I have a motion that wasn’t on the agenda that I have drafted up Page 23 October 25, 2005 Town of Southold Board Meeting here that I would like to put before the Town Board regarding the situation the Town and Fishers Island Ferry District is faced with regarding a pending investigation to charges that the Fishers Island Ferry District or the vessels associated with that district knowingly pumped sewage overboard for a lengthy period of time. This is a matter the Town Board takes seriously, it is a matter that we urge the Board of Commissioners of the Fishers Island Ferry District to take seriously. We have gotten word from the United States Coast Guard group Long Island Sound that one of their employees pled guilty to charges by the United States Coast Guard, pled guilty in US District Court, federal court, in Connecticut. That being said, it is a crime that was committed and we ask the Board of Commissioners to come before the Town Board to address this matter. The Board of Commissioners are each independently elected by the taxpayers in the Fishers Island Ferry District or by the residents of the Fishers Island Ferry District. They wield most of the authority over the Ferry District however, the residents of the Fishers Island Ferry District are also Southold Town residents and we have a responsibility to them. So I am requesting that the Board support this resolution. 2005-685 CATEGORY: Litigation DEPARTMENT: Town Clerk Call Upon the Commissioners of the Fishers Island Ferry District to Initiate Appropriate Disciplinary Proceedings Against Any Employee that Has Pled Guilty or Been Found Guilty RESOLVEDcalls upon the that the Town Board of the Town of Southold hereby Commissioners of the Fishers Island Ferry District to initiate appropriate disciplinary proceedings against any employee that has pled guilty or been found guilty in connection with the discharging of raw sewage and untreated sludge into the Thames River and Long Island Sound in violation of the laws of the United States; and be it further RESOLVEDdirected to forward a copy of this resolution to that the Town Clerk is hereby the Fishers Island Ferry District Commissioners. Vote Record - Resolution 2005-685 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Seconder ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Initiator SUPERVISOR HORTON: That brings us, now, we have about 30 seconds before the public Page 24 October 25, 2005 Town of Southold Board Meeting hearing, so while Councilman Wickham is getting prepared to his public hearing show, his duty as he does the public hearings; Tom has faithfully read the notices of public hearing for the past four years and has done a, I think every Board member would agree that they owe Tom a thank you for his role in that? COUNCILMAN ROMANELLI: We do appreciate that. COUNCILMAN WICKHAM: I wonder what the cost of that is? SUPERVISOR HORTON: We haven’t determined that. But before Tom reads that, I just want to say we have set the, the Board has set tonight public hearing on the budget and I want to personally thank Councilman Wickham, Councilman Ross, Councilman Edwards and Justice Evans who took the budget that I put together and worked very hard with John Cushman to put a spending plan that keeps the increase in the tax rate below the cost of living, actually well below the cost of living this year and for putting in the time to put a spending plan in place that you feel reflects the needs of the Town. We agree and disagree on some of the points but you definitely have put a good plan together to put before the public and I look forward to what the public has to say about it. And keep it in mind that we can always make adjustments after that public hearing as well but thank you for putting in the time and working so hard on that and also I would like to thank John Cushman and Connie Solomon and their staff for assisting in this matter. So Tom, if you would? 2005-6841 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Amends “A Local Law In Relation to Use of Historic Buildings In Residential Districts” RESOLVED amends “A Local Law In that the Town Board of the Town of Southold hereby Relation to Use of Historic Buildings In Residential Districts” to include the words “as long as parking is provided on site”. SUPERVISOR HORTON: Any discussion? COUNCILMAN ROSS: Yes, I would like to make a motion to amend, I would move to amend the proposed local law to add at the end of the proposed language, additional language, at B-16 and B-5 the following sentence: ‘so long as parking is provided on-site.’ SUPERVISOR HORTON: There is a motion on the table to amend this local law. Is there a second? Page 25 October 25, 2005 Town of Southold Board Meeting COUNCILMAN WICKHAM: Well, I will second it for purposes of discussion. SUPERVISOR HORTON: Seconded by Councilman Wickham. Discussion? COUNCILMAN WICKHAM: The proposed language says, ‘provided parking is provided’, it doesn’t say that all parking has to be. It says ‘provided parking’ I could live with that. Is that the intent of your making of the amendment? COUNCILMAN ROSS: The intent is that this local law permits a use in residential zones and for that reason, I believe that parking should be required on-site. COUNCILMAN WICKHAM: Essentially all parking or just parking? COUNCILMAN ROSS: The parking that would otherwise be required by the parking schedule in the code. There are so many parking spots per use and whatever that came to with respect to the proposal would be required on-site. TOWN ATTORNEY FINNEGAN: Can I just point out? The parking lots that might be available if the building was in the hamlet are not going to be available if it is in R-80 or…. SUPERVISOR HORTON: And I would actually agree with the comment that came from the floor in the discussion, the public hearing portion just some moments ago, that the Planning Board does have the authority to look at parking and can require it on site as well, I believe this goes to the ZBA and I think the ZBA can do that on the condition as well. I think that added that amendment makes this cumbersome and restrictive and that is exactly the opposite direction of where we are trying to go with this. COUNCILMAN ROSS: I would… SUPERVISOR HORTON: What we have, there is a motion and I say we callfor a vote. COUNCILMAN EDWARDS: Can I comment on this? SUPERVISOR HORTON: Oh, certainly. COUNCILMAN EDWARDS: I am concerned about this amendment because the nature of historic buildings is that they are going to be in the hamlets and they are very often going to be on relatively small lots and to require parking and I am also concerned about the vagueness of the word parking here, it is not very specific, would essentially make it impossible to make some of these uses available even though in many cases these uses would be during periods when there really wasn’t any parking on the streets otherwise. I mean, an evening event in a hamlet and so forth, so I would tend to be opposed to it. I am not persuaded. SUPERVISOR HORTON: Are we ready to go to vote or do you have more comment? Page 26 October 25, 2005 Town of Southold Board Meeting COUNCILMAN ROSS: I have another comment. Since the use is provided by special exception, if you don’t provide this, neither the Planning Board nor the Board of Appeals could require it. So, if you are going to vote and that is the basis of your understanding, that basis is incorrect. SUPERVISOR HORTON: I believe that the Planning Board could require it, is that correct, Pat? COUNCILMAN ROSS: It is a use by special exception. TOWN ATTORNEY FINNEGAN: They meet what you set forth in the exception, then they get the special exception, so if you require parking as one of the things, then they have to do it. Otherwise they don’t have to and they get the exception. COUNCILMAN ROSS: If it is not required in the special exception, you get it as-of-right. So…. SUPERVISOR HORTON: I think, my opinion stands on it. I think we have so few that are owned by non-profits that would actually benefit by this and we should, we should support the spirit of the law and you know, you can offer the use and then you just cut the legs from under it on the parking issue, then again, it works against the spirit of this legislation. At this point, I will close discussion and this is a, this will be a roll-call vote on the amendment and then we will have a roll-call vote on the law. Vote Record - Resolution 2005-6841 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? ??Daniel C. Ross Initiator Adopted as Amended ?????????? Defeated Thomas H. Wickham Seconder ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-684 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact a Local Law In Relation to Use of Historic Buildings In Residential Districts WHEREAS , there has been presented to the Town Board of the Town of Southold, Suffolk County, New A Local Law in relation to Use of York, on the 27th day of September, 2005 a Local Law entitled “ Historic Buildings in Residential Districts ” and Page 27 October 25, 2005 Town of Southold Board Meeting 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 RESOLVEDENACTSA Local Law in relation that the Town Board hereby the Local Law entitled, “ to Use of Historic Buildings in Residential Districts ” which reads as follows: LOCAL LAW NO. __18__ 2005 A Local Law entitled, “A Local Law in relation to Use of Historic Buildings in Residential Districts”. BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. Purpose. The Town Board recognizes that the Town’s historic buildings, particularly those with national or state status, are an important cultural, historic and architectural resource to Southold. The upkeep and maintenance of these buildings is significant and organizations that seek to maintain the buildings in their historic status will be permitted, by special exception from the Board of Appeals, to use the building for community events, professional offices and an apartment. Section 2. Code Amendment. §100-31. Use regulations. In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for two- family dwellings and the uses set forth in Subsection B(14) hereof, are subject to site plan approval by the Planning Board: (16) Preservation and use of a federal or state designated historic building for the purpose of hosting community events, together with the use of part of such building for professional offices and/or one (1) apartment, not to exceed a total of three uses per building, provided that such building is owned and maintained by a not-for-profit historic organization. In no event shall there be more than one (1) apartment per building. §100-42. Use regulations. Page 28 October 25, 2005 Town of Southold Board Meeting In the HD District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the Planning Board: (5) Preservation and use of a federal or state designated historic building for the purpose of hosting community events, together with the use of part of such building for professional offices and/or one (1) apartment, not to exceed a total of three uses per building, provided that such building is owned and maintained by a not-for-profit historic organization. In no event shall there be more than one (1) apartment per building. 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. Vote Record - Resolution 2005-684 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Initiator ?? Tabled ???????? John M. Romanelli Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter Public Hearings Public Hearing #1 PHLLE"A LLIRUH UBLIC EARING ON OCAL AW NTITLED OCAL AW N ELATION TO SE OF ISTORIC BIRD" UILDINGS N ESIDENTIAL ISTRICTS “A LOCAL LAW IN RELATION TO USE OF HISTORIC BUILDINGS IN RESIDENTIAL DISTRICTS” Page 29 October 25, 2005 Town of Southold Board Meeting NOTICE IS HEREBY GIVEN COUNCILMAN WICKHAM: , there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 27th day of A Local Law in relation to Use of Historic Buildings September, 2005 a Local Law entitled “ in Residential Districts ” AND NOTICE IS HEREBY FURTHER GIVEN 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 25th day of October, 2005 at 8:00 p.m. at which time all interested persons will be given an opportunity to be heard. A Local Law in relation to Use of Historic Buildings in The proposed Local Law entitled, “ Residential Districts ” reads as follows: LOCAL LAW NO. ______ 2005 A Local Law entitled, “A Local Law in relation to Use of Historic Buildings in Residential Districts”. BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. Purpose. The Town Board recognizes that the Town’s historic buildings, particularly those with national or state status, are an important cultural, historic and architectural resource to Southold. The upkeep and maintenance of these buildings is significant and organizations that seek to maintain the buildings in their historic status will be permitted, by special exception from the Board of Appeals, to use the building for community events, professional offices and an apartment. Section 2. Code Amendment. §100-31. Use regulations. In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for two-family dwellings and the uses set forth in Subsection B(14) hereof, are subject to site plan approval by the Planning Board: (16) Preservation and use of a federal or state designated historic building for the purpose of hosting community events, together with the use of part of such building for professional offices and/or one (1) apartment, not to exceed a total of three uses per building, provided that such building is owned and maintained by a not-for-profit historic organization. In no event shall there be more than one (1) apartment per building. §100-42. Use regulations. In the HD District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole Page 30 October 25, 2005 Town of Southold Board Meeting or in part, for any use except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the Planning Board: (5) Preservation and use of a federal or state designated historic building for the purpose of hosting community events, together with the use of part of such building for professional offices and/or one (1) apartment, not to exceed a total of three uses per building, provided that such building is owned and maintained by a not-for-profit historic organization. In no event shall there be more than one (1) apartment per building. 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. That is in the use regulations, that same language is essentially repeated. I think it is verbatim in the use part as well. In effect, what we are, if this law is enacted, what it would do would be to allow those organizations which own and operate an historic building that is listed on the state or federal registers and they could use them for hosting community events and also have one apartment and or one office. That is what this would permit. There are other things here, it has appeared as a legal notice in the Traveler-Watchman newspaper, this legal notice has appeared in the Town Clerk’s bulletin board outside the room and I have several communications. One of th them is from Jerilyn Woodhouse, the chair of our Planning Board dated October 24. “The Planning Board recommends approval of this referenced law with consideration to the following comment: We could require that parking for the community event be on-site and not within a public right of way.” I have also a notice from the County, which I can’t put my fingers on but essentially says that this is a matter of local determination and the county does not have an opinion one way or the other. And I have notice from our LWRP coordinator that states “It is my determination that the proposed action is consistent with the policy standards and therefore is consistent with the LWRP.” And I believe that is all I have on this. SUPERVISOR HORTON: Thank you, Councilman Wickham. Would anybody care to address the Town Board on this matter? Yes, former Councilwoman Hussie. ALICE HUSSIE: Good evening, Alice Hussie, Southold but wearing my Brecknock Hall hat. I am thanking you for passing this law or this code change…. COUNCILMAN ROMANELLI: We didn’t do it yet. MS. HUSSIE: …I am going to be thanking you anyway. Well, that it is on the docket, let’s say that. And not only for Brecknock Hall but for other historic buildings that may be in that condition. It is absolutely imperative as far as Brecknock Hall is concerned because it would be Page 31 October 25, 2005 Town of Southold Board Meeting impossible to operate that place without some income. It is an 8,000 square foot building, it needs heat, in this day and age you can imagine what that is going to cost and electricity. So that when we run it, if we can, for a public events office and an apartment, we would need that income. As you know and what was mentioned in the reading, we were designated as historic designation from both the state and the federal government which we are very proud of, and it is very good because with an historic designation you can’t really do much alteration and that is fine because we do not want to alter anything, the inside Brecknock Hall is being maintained exactly as it is now, the rooms will not be, some of the places where they put up little wooden partitions will be taken down; the main floor plan will be kept the same. We’ve already had two requests for wedding receptions and one for a chamber concert but of course, we couldn’t do anything about them because we are not ready for that sort of thing. We are not going into the catering business. We are going to put in a kitchen that will serve as a clean-up place and maybe heating something in an oven. But we don’t know how to cater, we don’t want to, we don’t have any experience; this is going to be available for outside caterers. There is just one thing I have a problem with and that is on the part that says and/or an apartment. Could you clarify that, somebody? Or perhaps Ms. Finnegan could do that? SUPERVISOR HORTON: I will clarify that for you, Alice. And Pat, if I start to go astray, feel free to jump in. But the and/or allows, in the instance of office/apartment, if it said office and apartment, that would require that if you came for this permit, you would have to do both. This allows the applicant to request an apartment or the office or both. That is the intent of it, that is how that law will be interpreted and let the record of this public hearing reflect that moving forward, should there be question in the future. MS. HUSSIE: Thank you. You didn’t need any help, either. COUNCILMAN WICKHAM: Alice? MS. HUSSIE: Yes? COUNCILMAN WICKHAM: Would Brecknock Hall be able to comply with the Planning Board’s proposal to require that parking for the event be on-site and not within the public right of way? MS. HUSSIE: yes. There is no problem with that at all. As you probably know, some of you were there when Eastern Long Island Hospital had it’s gala in August and we parked the cars over in front of the barn and in back of Brecknock Hall. So there was no problem. There is many acres of nothing. COUNCILMAN ROSS: I will make a motion to amend the proposed law to provide that… COUNCILMAN WICKHAM: The Planning Board’s proposal? COUNCILMAN ROSS: …the Planning Board’s proposal. Page 32 October 25, 2005 Town of Southold Board Meeting COUNCILMAN WICKHAM: I would second it. SUPERVISOR HORTON: Well, it is seconded so is there any discussion? COUNCILMAN ROMANELLI: Someone is going to have to read those Planning Board’s proposals, hand them down to me. MS. HUSSIE: I will let you do your thing now. SUPERVISOR HORTON: Actually, this is the time to, we are still in the public hearing. So, consider that motion not a motion at this point and we will wait until we adjourn from the public hearing. Are there other comments on this? Yes, Ms. Moore. PATRICIA MOORE: Thank you. In listening to the proposal I think it is a wonderful proposal, I don’t think that Brecknock Hall may be the only one that might benefit from it. You might have the Prince Building, the Historical Society in Southold that I know has the Prince Building that has the little retail shop on the first floor but I think the second floor is under utilized and it would seem to me that many of our historic buildings, some of the very beautiful buildings that could have this alternative for generating income. The Planning Board’s suggestion may not work, works fine with Brecknock Hall but it may not work so easily with some of the other buildings that are inside the hamlets of Southold or Mattituck or wherever. So it seems to me that that would be something that on a case by case, if it is going through a special permit, would be looking at the parking considerations at the time rather than implementing it as a condition in your code, it is something that the Board considers on any application either through the Zoning Board through a special permit or the Planning Board through a site plan process. And I would urge the Board to always leave flexibility in the law rather than micro-managing in the sense of legislating it, so you can take a situation that we may not be thinking of off the top of our heads but would be a perfect re-use of a building, that is one point. My second point is that if there is any way of getting your intentions known through the state building code or the state building code process, my own, a red flag goes off any time that a re-use of a building, the problem has always been in taking historic structures or even old structures and re-using them because they don’t comply with the state building code of today and there are ways in which, certainly there are board of review, Building Department board of review issues but if they get a message from a municipality maybe in your own legislation or through whatever communications you have with the state that would enable the re-use of buildings without taking such costly and really undermining your law because to make a building that is 1800’s construction even 1900’s construction prior to today’s standards meet with today’s standards particularly for assembly space, which is what they are talking about as a state label, you are going to find or the organization’s are going to find real frustration in re-use of these buildings because of the state building code. So if there is anything that you can do, either through legislation, through this code provision or through a memorandum of understanding with the state on state building codes, fire codes; please consider that. Because that has always been the frustration on the re-use of buildings and it is not just for not-for-profit, for any building that tries to re-use. That is an impediment that is commonly found. So I ask you to keep that in mind. Thank you. Page 33 October 25, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: Thank you, Pat. We will close this hearing. * * * * * Vote Record - Public Hearing #1 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ???????? Daniel C. Ross Seconder ? Adjourned ???????? Thomas H. Wickham Voter ?? Closed ???????? John M. Romanelli Voter ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Initiator SUPERVISOR HORTON: I want to just say, those of you who are here or perhaps watching, what you have just witnessed, I think, is actually the legislative process at its best. Having an open discussion on and using Robert’s Rules to actually have that discussion formally on a piece of legislation and coming to some agreement or disagreement, so thank you Councilman Ross for putting that forward and your attempt to persuade us to your point of view. That brings us, I believe, to the end of our agenda. I now offer the floor to the public to address the Board on other town related matters. PATRICIA MOORE: Patricia Moore. I am here as a citizen of Southold, wearing several hats. As a citizen of Southold, taxpayer and as a lawyer dealing with the issue that I come before this Board to discuss. What I want to talk about is the waiver of merger law and it’s time for a change. I found several decisions, one after another, that has been very frustrating and really leave me perplexed as to, we seem to be straying from the original intent of helping people that had inadvertently merged their property. And what I have is, I just have an outline that are my suggestions on how this law might be fixed but I would like to talk about it. So, with your permission I would just….for the public and I know you are all very familiar with the waiver of merger law but in the capsulized version, how it comes into being is that when a subdivision gets approved, over the years there have been Planning Board subdivision approval since before zoning and then after zoning. When zoning changes, if the zone change requires a larger piece of property to create a new lot and you happen to have two properties, one next to the other, they end up merging until you get to a conforming size. So if you have one acre zoning and you have half acre lots, you get merged and they become one piece. That waiver of merger provision, there has been a waiver of merger provision adopted way back, I believe Councilman Wickham, you were supervisor at the time, that tried to give relief from the merger provision. And it was a recognition that, yes, we have upzoning, yes, we adopt zoning; however, there are people all over the community that have bought properties expecting to be able to keep the properties for some day in the future, so that they could develop it, they could give it to their children, they could sell it and live off the proceeds. Over time, that waiver merger started out, it worked and over time I don’t know if the Zoning Board has just gotten tired of getting these applications or just been frustrated by the applications but I am seeing some come through and most recently the one I give as an example, Mrs. Orrigo, who happens to be here and I said, well the Town Board really is the place to come and express your frustration and ask for relief. You finally get to a case where it is so obviously unfair and so patently against what the policy of the waiver of merger law were adopted to protect that you get here, the last straw, we come before this Town Board and maybe it is time for legislative action. We have certain exceptions for merger. If you Page 34 October 25, 2005 Town of Southold Board Meeting own a piece of property that is at least an acre in size, it doesn’t merge because we recognize that that is our minimum size lots throughout the Town. We have two acre zoning and so on but we have lots of subdivisions that were approved that were at least one acre in size. I would suggest that really what we have is most of our one acre zoning districts are half-acre lots. They are subdivisions that were adopted mostly in the 70’s through the 80’s and even subdivisions that came in later on, after zoning change, got clustered down and became half acre next to other half acre lots. And we have communities, I live on a half acre, I know many of you actually live on half acre lots. They are nice size properties, they are certainly enough to maintain and they are the character of the community. I attached for you the old exception list, the 112. Those were the subdivisions that got approved, the second page of my attachment, are the subdivisions that got approved over time and they were grandfathered because there was a recognition: this is a subdivision well-developed, if you happened to own two properties, you still had the protection and I am talking about most of these cases being where people have continued to pay taxes with separate tax bills. They had no reason to believe that when they bought one property next to the other for someday for their children to enjoy, that they would suddenly merge the properties and end up owning a one acre piece in the middle of a half acre subdivision of 50 to 100 half acre lots. That is what I just recently encountered and I was so dumbfounded that the Zoning Board said no; that my client couldn’t get a waiver merger on two half acre properties that in her instance she got from two separate estates. I, we had an aunt that owned one piece; a cousin, uncle, brother owned another; two different family members that came from two different sides that bought two different properties. They happened to die one after another and she was the heir. She happened to be the heir on one directly and on another one, through the estate. She bought out her brother…. SUPERVISOR HORTON: Pat, if I may? MS. MOORE: Yes? SUPERVISOR HORTON: I think in regard to this matter, I think probably the form where we could actually have a productive discussion about this and I would be happy to have you in, is at our next work session. That is, I mean and I am glad that you are here… MS. MOORE: Oh, I would welcome any opportunity to come to the work session or the Board meeting…. SUPERVISOR HORTON: Because the, yeah, and I think that everything that you have, that you have presented to us here and I know that you have a lot more in your head that you could discuss at length with us and I think we would benefit more by actually having this discussion in a forum where we can all be engaged. And so, if I can make that invitation to you at our next th work session, which is November 10, I believe. I would be happy to have you in and maybe some other people that could be beneficial to that conversation. MS. MOORE: Thank you. Thank you. SUPERVISOR HORTON: Because I agree with you in regard to this matter. I can’t tell you Page 35 October 25, 2005 Town of Southold Board Meeting how many times I have run into this with people that have called my office and had no idea that their lots were merged. MS. MOORE: Exactly. SUPERVISOR HORTON: Not only did they have no idea that their lots were merged, they also didn’t know why. MS. MOORE: True. SUPERVISOR HORTON: And to be honest with you, I don’t know why. MS. MOORE: Right. SUPERVISOR HORTON: It is something that, from many years ago and I happen to think and you make some mention of some small changes to the merger law, the waiver merger, I happen to be somebody who thinks the merger law on its face is unconstitutional and…. MS. MOORE: Well… SUPERVISOR HORTON: …and bad for the Town. MS. MOORE: Right. I would hope that some of the people that are running for office that happen to be sitting here in the audience and those that are on the Board that are going to continue on the…. SUPERVISOR HORTON: Well, we will talk about who is here, in office. MS. MOORE: Yes. SUPERVISOR HORTON: So why don’t we have the discussion at the next work session? MS. MOORE: I think it is important that we address this and the sooner the better because it is hurting people and affecting their lives because now you are changing their plans dramatically and it is one after the other. I have a husband and a wife and the wife died and the husband ends up being the owner of both, that was never intended. So, yes, I think the work session would be very welcome. I would love to be there and I really think it is time to start addressing it because it has gone on way too long… SUPERVISOR HORTON: Right. MS. MOORE: And I know different Board members have different opinions of it but a lot of your constituency, a lot of your citizens are being hurt by it and I think it is time to change it. SUPERVISOR HORTON: Great. Appreciate it. Page 36 October 25, 2005 Town of Southold Board Meeting COUNCILMAN WICKHAM: I would just like to comment since I had a hand in 10 years ago when we put this law in place … SUPERVISOR HORTON: The waiver. COUNCILMAN WICKHAM: The waiver. SUPERVISOR HORTON: The waiver provision. COUNCILMAN WICKHAM: Right. I have two comments. First of all, it was a great deal of difficult work. And it took a long time and it was a very difficult period of discussion and it wasn’t easy. I would be open to considering this and I think a work session is a great idea. But I would like to make minor adjustments to it and not open up the whole thing all over again. MS. MOORE: I agree. That is why in my written suggestions and again, we can talk about it at the work session as kind of a head count on the degree of tweaking that you choose to do. I am suggesting to start (inaudible) to protect people that are clearly not intended to be hurt by it. If we get to a point where three of you, four of you agree to not merge property, that is great but I am just, I certainly will take the incremental steps of correcting it as a welcome change because I am seeing applications that are really frustrating to me as a lawyer on behalf of clients because you see the injustice right from the beginning and when, it is unpredictable… SUPERVISOR HORTON: Right, so we… MS. MOORE: …I cannot predict what the Zoning Board is going to do. SUPERVISOR HORTON: We will work on this and at the next Town Board meeting… MS. MOORE: I know Mrs. Orrigo, she came from very far in terrible weather and I would only ask that you hear her out for a few minutes. SUPERVISOR HORTON: Okay, if Ms. Orrigo puts her hand up and let’s me know she wants to speak, then she will speak. Exactly. Thanks for coming out, Ms. Orrigo, we appreciate you attending the Town Board meeting. MS. MOORE: The school teacher that is, here she is, she is just one of us and she is hurt by it. SUPERVISOR HORTON: Well, the fact remains that the merger law was sort of a sneaky, administrative way to upzone a good bit of the Town. Subtly. So, hopefully we will have a good discussion about it. Thank you for coming out. MS. MOORE: Thank you. I appreciate it. SUPERVISOR HORTON: Would anybody else care to address the Board on town related Page 37 October 25, 2005 Town of Southold Board Meeting matters? (No response) Motion to adjourn? * * * * * Vote Record - Motion to Adjourn Town Board Meeting ? Yes/Aye No/Nay Abstain Absent William P. Edwards Voter ???? Daniel C. Ross Voter ???????? ?Adopted ??Defeated Thomas H. Wickham Initiator ???????? ??Withdrawn John M. Romanelli Seconder ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter ???????? RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:45 P.M. Town Board Appointments Subject Details 10:00 A.M. Chief Cochran Re: IV1 1:00 P.M. Melissa Spiro Executive Session Executive Subject Details Commencement of Litigation 1:00 P.M. Melissa Spiro Acquisition of property * * * * * * * Elizabeth A. Neville Southold Town Clerk Page 38