Loading...
HomeMy WebLinkAboutTB-11/22/2005 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 November 22, 2005 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, November 22, 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 Present 7:30 PM Joshua Y. Horton Town of Southold Supervisor Present 7:30 PM Patricia A. Finnegan Town of Southold Town Attorney Present 7:30 PM Elizabeth A. Neville Town of Southold Town Clerk Present 7:30 PM I. Reports Subject Details 1. Town Clerk Monthly Report October 2005 2. Board of Town Trustees October 2005 3. Southold Town Justice Court, Bruer October 2005 4. Southold Town Justice Court, Price October 2005 5. Southold Town Justice Court, Evans October 2005 6. Recreation Department Monthly Report October 2005 7. Town of Southold Budget Report For the month ended October 31, 2005 II. Public Notices Subject Details 1. Fall Cleanup Program Highway cleanup begins 11/28/05 in Orient and continues west. Grace period at Compost Facility in Cutchogue from 11/19-12/18/05. 2. New York State Liquor Authority Notice of Pindar Vineyards LLC, Main RD., Peconic, NY Application for Alteration of Liquor License 3. Trustees Close a Portion of Hallocks Bay to Mid-November through Summer 2005, Page 1 November 22, 2005 Town of Southold Board Meeting ALL Shellfishing approximately 2 1/2 acres marked by bouys. Area being used as a spawner sanctuary. 4. Winery License Renewal with NYS Liquor Bedell Cellars, Cutchogue Authority 5. Winery License Renewal, NYS Liquor Corey Creek Vineyards Authority III. Communications None IV. for Discussion Subject Details 1. Comm. Development Corporation of L.I. 9:30 a.m. Philip Beltz 2. Peconic Land Trust 10:00 a.m. - Melissa Spiro 3. Health Department Meeting Town Attorney 4. NYSDOS Qualities Grant Program per Mark Terry 6. LWRP Stipend Review 7. Retail Moratorium Local Law Special Presentation Subject Details 7:30 PM Greenport Boys Soccer Team Minutes Approval » Accept the Minutes of 9/19/2005 9:00 AM Vote Record - Minutes Acceptance of September 19, 2005 9:00 AM ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ???????? Daniel C. Ross Voter ? Accepted ?????????? Accepted as Amended Thomas H. Wickham Seconder ?? Tabled ???????? John M. Romanelli Voter ???????? Louisa P. Evans Initiator ???????? Joshua Y. Horton Voter » Accept the Minutes of 9/27/2005 7:30 PM Vote Record - Minutes Acceptance of September 27, 2005 7:30 PM ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ???????? Daniel C. Ross Voter ? Accepted ?????????? Accepted as Amended Thomas H. Wickham Seconder ?? Tabled ???????? John M. Romanelli Voter ???????? Louisa P. Evans Initiator ???????? Joshua Y. Horton Voter Page 2 November 22, 2005 Town of Southold Board Meeting nd SUPERVISOR HORTON: Welcome to the November 22, 7:30 PM public meeting of the Southold Town Board. Please rise and join with me in the Pledge of Allegiance. You will notice on the agenda that we do invite the public to address the Town Board several times over the course of the evening. First being prior to voting on any of the resolutions we have on our printed agenda, we invite the public to address the Board on those specific resolutions. We also invite the public to address the Board prior to the conclusion of the meeting on general town matters of importance to yourself. We do have two public hearings on this evening, at which point again, the public will have the opportunity to address the Board on those specific hearings. We do have some special guests here tonight, so I would like to first recognize young Mr. Finnegan, who is here working from Mattituck, from the Boy Scouts, working on a merit badge and he is here to observe and witness government in action. Not government inaction but government while it is in action, to see how Town Board meetings go and also to observe citizen input. So, welcome. I also welcome the Greenport High School soccer team here and at this point, I would like to ask the coach and the members of the Greenport boys soccer team to come forward. This is not news to many, it has been widely publicized but this is an opportunity for us to recognize a great achievement. I am a 1990 graduate of Greenport High School, I can tell you that when I graduated from Greenport High School in 1990, I never would have dreamed that there would have been a varsity soccer team in Greenport. It simply was not on the radar. In fact at the time, the biggest discussion was getting lights for the football team so they could have night games. That shows you what direction the athletic program was at the time. And I for one th remember in 7 grade I wanted to play soccer and we had the opportunity to go up and play at Southold Junior High and there was just no way I was going to get on the field and compete there, those kids were well oiled machines much like yourselves now. So this is a real special time, a real special tribute to you. And I have a proclamation. This proclamation is going to be for you on the team but it is for the entire school district and we ask that this be placed in the lobby of Greenport High School. The proclamation reads as follows: “WHEREAS the Town Board of the Town of Southold wishes to honor the Greenport Boys Varsity Soccer team for their outstanding performance during the 2005 season; and WHEREAS this remarkable team as a result of spirit, dedication, team work and sportsmanship as they defeated formidable opponents in League, County and Regional soccer teams, finally playing in the Class C state semi-final at the National Soccer Hall of Fame game; and WHEREAS the importance of the skill, pride and commitment of the coaches, parents, families and team supporters cannot be overstated as this team was guided towards these outstanding victories; now therefore be it RESOLVED that the Town Board of Town of Southold wishes to publicly congratulate the Greenport Boys Varsity Soccer team for their tremendous achievement after only four years as a varsity team; and be it further RESOLVED that the Town Board of the Town of Southold joins the entire community in expressing their deep appreciation to the team, the coaches and the parents for the positive example they are providing the youth of Southold Town.” Page 3 November 22, 2005 Town of Southold Board Meeting And we know you will be back next year. Congratulations. I always make this statement after we have a presentation, for those of you who came specifically for the presentation, we fully expect you to stay for the rest of the meeting. Have a wonderful night and thanks for coming out. At our next Town Board meeting, which is, at the December 6 Town Board meeting we will also actually have the privilege of having the Mattituck girls varsity soccer team in as well to recognize them. They weren’t able to join us tonight but they are probably still coming down off the cloud that they are currently on after winning the state champs. We are at the point in our program where we move a number of preliminary or I should say introductory resolutions forward. Justice Evans, if you would do the honors. That brings us to our holding point, before we get started I would like to welcome and congratulate Supervisor elect Scott Russell. Pleased to have you in the audience. And as we, as I mentioned, look forward to working with you over the course of the next, actually now is next few weeks, it goes by quickly, as far as any information I can provide to be helpful. Certainly look forward to working with you on that. Would anybody care to address the Board on specific resolutions this evening? (No response) We will move forward with the resolutions. V. Resolutions 2005-710 CATEGORY: Audit DEPARTMENT: Supervisor Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated November 22, 2005. Vote Record - Resolution 2005-710 ? 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 Initiator ???????? Joshua Y. Horton Voter 2005-711 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Tuesday, December 6, 2005, 4:30 Pm, Southold Town Hall, As the Time and Place for the Next Town Board Meeting Page 4 November 22, 2005 Town of Southold Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, December 6, 2005 at the Southold Town Hall, Southold, New York at 4:30 P. M.. Vote Record - Resolution 2005-711 ? 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 Initiator ???????? Joshua Y. Horton Voter 2005-712 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set December 14, 2005, 7:00 Pm for a Special Town Board Meeting RESOLVED sets Wednesday, December that the Town Board of the Town of Southold hereby 14, 2005, 7:00 pm., Southold Town Hall, Southold, New York, as the date and time for a Special Town Board meeting. Vote Record - Resolution 2005-712 ? 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 Initiator ???????? Joshua Y. Horton Voter 2005-713 CATEGORY: Budget Modification DEPARTMENT: Data Processing Modify the 2005 Data Processing Budget - Firewall Protection RESOLVEDmodifies the 2005 Data that the Town Board of the Town of Southold hereby Processing budget as follows: Page 5 November 22, 2005 Town of Southold Board Meeting From: A.1680.4.400.553 Police Systems Maintenance $1000.00 To: A.1680.4.400.558 PC Software Maintenance $1000.00 Vote Record - Resolution 2005-713 ? 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 2005-714 CATEGORY: Budget Modification DEPARTMENT: Police Dept Modify the 2005 General Fund Whole Town Budget - Police Department RESOLVEDmodifies the 2005 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.3130.4.400.600 Buoy Maintenance $1,100.00 To: A.3130.4.100.600 Uniforms & Accessories $1,100.00 Vote Record - Resolution 2005-714 ? 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 Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Joshua Y. Horton Voter 2005-715 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Page 6 November 22, 2005 Town of Southold Board Meeting Modify the 2005 General Fund, Whole Town Budget - Records Management RESOLVEDmodifies the 2005 General that the Town Board of the Town of Southold hereby Fund, Whole Town budget as follows: TO: Revenues: A.3089.00 Miscellaneous State Aide $24,187 Record Archives Grant TO: Appropriations: A.1460.2.200.500 Records Management Officer, Equip $24,187 Office Equipment, Computer Equipment Vote Record - Resolution 2005-715 ? 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 2005-716 CATEGORY: Budget Modification DEPARTMENT: Public Works Modify the 2005 Building & Grounds Budget - Buildings & Grounds RESOLVEDmodifies the 2005 Building that the Town Board of the Town of Southold hereby & Grounds budget as follows: From: A.1620.2.500.350 Beach Improvements $5,000 To: A.1620.4.100.250 Heating Fuel $5,000 Vote Record - Resolution 2005-716 ? 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 Initiator ???????? Joshua Y. Horton Voter Page 7 November 22, 2005 Town of Southold Board Meeting 2005-717 CATEGORY: Surplus Equipment DEPARTMENT: Town Clerk Rescind Resolution #697, Adopted At the November 10, 2005 Regular Town Board Meeting RESOLVEDrescinds resolution #697, that the Town Board of the Town of Southold hereby adopted at the November 10, 2005 regular Town Board meeting, which read as follows : RESOLVED that the Town Board of the Town of Southold hereby declares the following equipment to be surplus equipment: 1994 Ford Suburban - VIN 1FMEE11Y2RHA89064 - unknown mileage 2000 Ford Crown Victoria - VIN 2FAFP71WXYX176395 - 106,891 miles Be it further RESOLVED that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same. Interested individuals should contact Lt. H. William Sawicki, for appointment to view vehicles. Vote Record - Resolution 2005-717 ? 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 Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Joshua Y. Horton Voter 2005-718 CATEGORY: Budget Modification DEPARTMENT: Human Resource Center Budget Mod/Personnel HRC to Rec. RESOLVEDmodifies the 2005 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.6772.1.200.100 Programs for the Aging $ 1,000.00 Personnel Services Page 8 November 22, 2005 Town of Southold Board Meeting Part Time Employees To: A7020.1.200.100 Recreation $ 1,000.00 Personnel Services Part Time Employees Vote Record - Resolution 2005-718 ? 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 2005-719 CATEGORY: Employment DEPARTMENT: Human Resource Center Hiring a Part Time Clerk Typist for the Recreation RESOLVEDappoints Jill M. Franke to that the Town Board of the Town of Southold hereby the position of Part Time Clerk Typist for the Recreation Department, effective November 28, 2005, at a rate of $11.02 per hour. Vote Record - Resolution 2005-719 ? 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 Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Joshua Y. Horton Voter 2005-720 CATEGORY: Employment DEPARTMENT: Town Clerk Appoint Josh Elsensohn to the Position of a Full Time Purser for the Fishers Island Ferry District Page 9 November 22, 2005 Town of Southold Board Meeting RESOLVEDappoints Josh Elsensohn, that the Town Board of the Town of Southold hereby of Bozrah, CT, to the position of a full time purser for the Fishers Island Ferry District, effective November 24, 2005 at a rate of $14.00 per hour. Vote Record - Resolution 2005-720 ? 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 2005-721 CATEGORY: Budget Modification DEPARTMENT: Public Works Modify the 2005 Street Lighting Budget - Building & Grounds RESOLVEDmodifies the 2005 Street that the Town Board of the Town of Southold hereby Lighting budget as follows: From: A.5182.1.100.100 Personal Services $3,500 To: A.5182.4.400.600 Contracted Services $3,500 Light Maintenance/Repair Vote Record - Resolution 2005-721 ? 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 Initiator ???????? Joshua Y. Horton Voter 2005-722 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk Page 10 November 22, 2005 Town of Southold Board Meeting Grant Permission to Various Elected and Appointed Officials to Attend the 2006 Association of Towns RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby following elected or appointed officials to attend the Annual Meeting of the Association of Towns in New York City on February 19-22, 2006: Supervisor, Councilmen, Town Clerk, Town Assessors, Town Attorney, Assistant Town Attorneys, Town Engineer, Town Justices, Justice Court Clerks, Executive Assistant to Supervisor, Receiver of Taxes Clerk Vicki DeFriest, Superintendent of Highways, Deputy Comptroller, Solid Waste Coordinator, Building Department (Patricia Conklin and Damon Rallis), Code Enforcement Officer, and Planning Department’s Senior Environmental Planner Mark Terry; and be it FURTHER RESOLVEDMembers of the Zoning Board of Appeals and Planning that the Board are granted permission to attend the Annual Meeting of the Association of Towns on a day trip basis. Vote Record - Resolution 2005-722 ? 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 2005-723 CATEGORY: Local Law Public Hearing DEPARTMENT: Police Dept Set December 6, 2005, At 5:05 Pm, Southold Town Hall, As the Time and Place for a Public Hearing on a Local Law Entitled, “A Local Law In Relation to No Parking on Oaklawn Avenue, Southold, New York” WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk nd “A Local Law in County, New York on the 22 day of November, 2005, a Local Law entitled Relation to No Parking on Oaklawn Avenue, Southold, New York”, now therefor be it Page 11 I. November 22, 2005 Town of Southold Board Meeting RESOLVED will hold a public hearing on the that the Town Board of the Town of Southold aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold New York on th the 6 day of December, 2005 at 5:05 p.m., at which time all interested persons will be given an opportunity to be heard. “Local Law in Relation to No Parking on Oaklawn Avenue, Southold, New This proposed York”, which reads as follows: Local Law _________ of 2005 I. Purpose- The purpose of this Local Law is to restrict parking on Oaklawn Avenue to provide additional safety for vehicle traffic and maintain the rural character of the neighborhood. Chapter 92 (Vehicles & Traffic) of the Code of the Town of Southold is hereby amended as follows: 1. Article IV, Section 92-42 (Parking Prohibited during Certain Hours) is hereby amended as follows: Name of Street Side During Months Locations And Hours Oaklawn Avenue East September to 270 900 feet in a northerly And including direction from the June between inter-section of The hours of Jernick Lane 8 a.m. and 4 p.m. Oaklawn Avenue West September to 225 900 feet in a And including northerly direction June between from the intersection The hours of of the southern exit 8 a.m. and of the Southold 4 p.m. Elementary School Driveway II. 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 Page 12 November 22, 2005 Town of Southold Board Meeting judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. IV. This Local Law shall take effect immediately upon filing with the Secretary of State. Vote Record - Resolution 2005-723 ? 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 2005-724 CATEGORY: Budget Modification DEPARTMENT: Community Development Modify the 2005 Building & Grounds Budget - Power Equipment RESOLVEDmodifies the 2005 Building that the Town Board of the Town of Southold hereby & Grounds budget as follows: From: A.1620.2.500.375 Boat Ramp Improvements $2,800 To: A.1620.2.500.250 Power Equipment $2,800 Vote Record - Resolution 2005-724 ? 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 2005-725 CATEGORY: Budget Modification DEPARTMENT: Public Works Modify the 2005 Buildings & Grounds Budget - Building & Grounds Page 13 November 22, 2005 Town of Southold Board Meeting RESOLVEDmodifies the 2005 Building that the Town Board of the Town of Southold hereby & Grounds budget as follows: From: A.1620.2.500.375 Boat Ramp Improvements $7,500 To: A.1620.4.100.100 Miscellaneous Supplies $7,500 Vote Record - Resolution 2005-725 ? 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 2005-726 CATEGORY: Bid Acceptance DEPARTMENT: Public Works Accept the Bid of All Island Equipment for 4-Wheel Drive Compact Tractor RESOLVED accepts the bid of All that the Town Board of the Town of Southold hereby Island Equipment, 39 Jersey Street, West Babylon, NY 11704 to supply the town with a Massey Fergusen Model 1523, 4-Wheel Drive Compact Tractor, as per the Town of Southold Bid Specifications dated October 25, 2005 in the amount of $ 11,400 all in accordance with the Town Attorney. Vote Record - Resolution 2005-726 ? 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 Initiator ???????? Joshua Y. Horton Voter Page 14 November 22, 2005 Town of Southold Board Meeting 2005-727 CATEGORY: Budget Modification DEPARTMENT: Accounting Tree Committee Budget Modification RESOLVEDmodifies the 2005 that the Town Board of the Town of Southold hereby Tree Committee budget as follows: Appropriations: To: A. 8560.4.400.200 Trees & Tree Maintenance $ 7,750.00 From: A. 8560.1.200.100 Personnel Services $ 1,200.00 Revenues: To: A.2705.30 Tree Committee Donations $ 6,550.00 Vote Record - Resolution 2005-727 ? 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 Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Joshua Y. Horton Voter 2005-728 CATEGORY: Budget DEPARTMENT: Accounting Budget Modification -- NYS Retirement RESOLVEDmodifies the 2005 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: To: A.9015.8.000.000 Police Retirement $58,000 A.9055.8.000.100 Employee Benefit Fund 53,225 A.9060.8.000.000 Hospital & Medical Insurance 51,000 A.9089.8.000.100 Medical Plan Buyout 250 A.9710.6.000.000 Serial Bond Principal 25,000 Page 15 November 22, 2005 Town of Southold Board Meeting From: A.9010.8.000.000 Employees Retirement $27,675 A.9040.8.000.000 Workers Compensation 28,475 A.9710.7.000.000 Serial Bond Interest 25,000 A.9901.9.000.000 Transfers to Health Fund 53,000 A.9901.9.000.300 Transfers to Risk Retention Fund 53,325 Vote Record - Resolution 2005-728 ? 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 2005-729 CATEGORY: Employment DEPARTMENT: Police Dept Appoint Victoria A. Tello the Position of Detention Attendant/Interpreter for the Police Department RESOLVEDappoints Victoria A. Tello that the Town Board of the Town of Southold hereby to the position of Detention Attendant/Interpreter for the Police Department, effective November 23, 2005, at a rate of $13.17 per hour. Vote Record - Resolution 2005-729 ? 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 Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Joshua Y. Horton Voter 2005-730 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney Set December 14, 2005, 7:00 Pm, Southold Town Hall As the Time and Place for a Public Hearing Entitled, ”A Local Law In Relation to Size Limitations on Retail Uses” Page 16 November 22, 2005 Town of Southold Board Meeting WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 22nd day of November, 2005 a Local Law entitled relation to Size Limitations on Retail Uses” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, th 14 of December, 2005 at 7:00 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Size Limitations on Retail The proposed Local Law entitled, Uses” reads as follows: LOCAL LAW NO. 2005 “A Local Law in relation to Size Limitations on Retail Uses” A Local Law entitled, . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose – The goals of the Town of Southold, as set forth in numerous planning documents over the past twenty years, include the preservation of land, preservation of the rural, cultural and historic character of the hamlets, preservation of the Town’s natural environment and natural resources, promotion of a range of housing and business opportunities that support a socio-economically diverse community, and an increase in transportation efficiency while preserving the scenic and historic attributes of the Town. The Town of Southold Hamlet Study, adopted by the Town Board in 2005, recommended amendments to the zoning code which would strengthen the business centers and encourage businesses that support the east end lifestyle. The study concludes that large-scale commercial activity is inconsistent with the community character of the Town, and would be inappropriate. The Local Waterfront Revitalization Plan (LWRP), also adopted by the Town Board in 2005, mandates that all new development should be integrated in the hamlets in a manner that is compatible with the community character, and the economic vitality of the business districts should be enhanced. A report prepared for the Town Board by Mark Terry, Acting Department Head, dated November 2005 titled the “Impacts of Big Box and Large Retail Stores on Community Business and Proposed Amendments to the Town of Southold Town Code” highlights the detrimental effects large scale commercial development can have on small towns. The Town of Southold’s unique geography coupled with these potential detrimental effects on the community have prompted the Town Board to prepare this Local Law. Page 17 November 22, 2005 Town of Southold Board Meeting The Town Board enacted a temporary moratorium on retail site plans and special exception use permits over 3000 square feet in October 2005 in order to allow the Town the opportunity to grapple with the issue and adequately prepare a solution to the mounting pressure from large scale retailers. This Local Law is intended to place a limit on the size of retail uses in the Town of Southold, in order to preserve the community character of the hamlets and the sustainability of the business districts. In addition, the law provides that those seeking larger businesses will also provide rental apartments in the structure, thus contributing to a wider range of new housing opportunities in the downtown areas. II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: § 100-13. Definitions. SHOPPING CENTER – A group of retail and service businesses which have an integrated architectural and site design and which have an anchor tenant consisting of either a supermarket or a department store if the anchor tenant encompasses a minimum of 25,000 10,000 square feet of area. § 100-91. Use Regulations. In the HB 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 uses except the following: A. Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(1), A(2), A(3) and A(20) hereof, are subject to site plan approval by the Planning Board: (7) Retail stores, up to a maximum of 3,000 square feet of gross floor area for each retail store (inclusive of all floor area associated with the retail store) in any building. Notwithstanding the provisions of the Bulk Schedule for Business, Office and Industrial Districts, the maximum total size of any building including such retail stores shall be 15,000 square feet of gross floor area. 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, except Subsection (10) which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board. (10) Retail stores in excess of 3,000 square feet of gross floor area (inclusive of all floor area associated with the retail store), up to a maximum of 6,000 square feet of such gross floor area, subject to the following requirements: Page 18 November 22, 2005 Town of Southold Board Meeting (a) For each and every additional 1,000 square feet of gross floor area (or portion thereof) associated with the retail store, the applicant shall provide an accessory apartment subject to the requirements of Subsection C below. Such accessory apartment shall either be owner-occupied or leased on a yearly basis, and the owner shall be required to provide documentation demonstrating such facts. (b) Compliance with the design standards for retail establishments in effect as adopted by the Town Board of the Town of Southold by resolution. § 100-101. Use regulations. In the B District, no building or premises shall be used and no building or part thereof 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: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1), (12) and (13) hereof, are subject to site plan approval by the Planning Board: (2) Any permitted use set forth in and regulated by § 100-91A(3) to (21) of the Hamlet Business District, except Subsection A(7) as applicable in the Business District is herein modified as follows: (a) Retail stores, up to a maximum of 4,000 square feet of gross floor area for each retail store (inclusive of all floor area associated with the retail store) in any building. Notwithstanding the provisions of the Bulk Schedule for Business, Office and Industrial Districts, the maximum total size of any building including such retail stores shall be 15,000 square feet of gross floor area. (b) Retail stores located in a shopping center existing as of January 1, 2006, up to a maximum of 7,000 square feet of gross floor area for each retail store (inclusive of all floor area associated with the retail store). 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, except Subsections (17) and (18) which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board. (17) Retail stores in excess of 4,000 square feet of gross floor area (inclusive of all floor area associated with the retail store), up to a maximum of 7,000 square feet of such gross floor area, subject to the following requirements: Page 19 November 22, 2005 Town of Southold Board Meeting (a) For each and every additional 1,000 square feet of gross floor area (or portion thereof) associated with the retail store, the applicant shall provide an accessory apartment subject to the requirements of Subsection C below. Such accessory apartment shall either be owner-occupied or leased on a yearly basis, and the owner shall be required to provide documentation demonstrating such facts. (b) Compliance with the design standards for retail establishments in effect as adopted by the Town Board of the Town of Southold by resolution. (18) Retail stores in excess of 7,000 square feet of gross floor area (inclusive of all floor area associated with the retail store), up to a maximum of 15,000 square feet of such gross floor area, subject to the following requirements: (a) The retail store(s) shall be located in a shopping center existing as of January 1, 2006. (b) The Planning Board shall determine whether the proposed retail stores will have an undue adverse impact on the community. In making such a determination, the Planning Board shall conduct or hire a consultant to conduct a Market and Municipal Impact Study, at the expense of the applicant. Such study shall include an analysis of the projected impact of the retail store(s) on: i. The existing local retail market, including market shares, if applicable. ii. The supply and demand for local retail space. iii. Local wages, benefit and employment. iv. Revenues retained within the local economies of the Town of Southold. v. Public service and facilities costs. vi. Public revenues. vii. Impacts on municipal taxes. viii. Impacts of property values in the community. ix. Effects on retail operations in the surrounding market area. x. Employee housing needs, if applicable. xi. The Town of Southold’s ability to implement its Comprehensive Plan consistent with the proposed project. (c) Compliance with the design standards for retail establishments in effect as adopted by the Town Board of the Town of Southold by resolution. Page 20 November 22, 2005 Town of Southold Board Meeting 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 2005-730 ? 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 2005-731 CATEGORY: Employment DEPARTMENT: Town Clerk Authorize and Direct the Town Clerk and Planning Board to Advertise for the Position of Senior Planner RESOLVED authorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for the position of Senior Planner in the Suffolk Times , and be it further RESOLVEDauthorizes and directs the Planning Board to advertise that the Town Board the position on the American Planning Association’s Job Mart website. Vote Record - Resolution 2005-731 ? 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 Initiator ???????? Joshua Y. Horton Voter Page 21 November 22, 2005 Town of Southold Board Meeting 2005-732 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorize Supervisor Horton to Retain L.K. McLean Associates to Perform Engineering Services RESOLVEDauthorizes Supervisor Horton to that the Town Board of the Town of Southold retain L.K. McLean Associates to perform engineering services in conjunction with the preparation of bid package and related site improvements at the Animal Shelter , at a cost of $8,250,00 pursuant to the proposal dated November 18, 2005. Vote Record - Resolution 2005-732 ? 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 2005-733 CATEGORY: Legislation DEPARTMENT: Town Attorney Direct the Town Clerk to Transmit the Proposed Local Law Entitled, “A Local Law In Relation to Size Limitations on Retail Uses” to the Suffolk County Planning Department and the Southold Town Planning Board for Their Recommendations. RESOLVEDdirects the Town Clerk to that the Town Board of the Town of Southold hereby transmit the proposed Local Law entitled, “A Local Law In Relation to Size Limitations on Retail Uses” to the Suffolk County Planning Department and the Southold Town Planning Board for their recommendations. Vote Record - Resolution 2005-733 ? 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 Page 22 November 22, 2005 Town of Southold Board Meeting 2005-734 CATEGORY: Sanitary Flow Credits DEPARTMENT: Town Attorney Request the County of Suffolk to Transfer the Aforementioned Sanitary Flow Credits to the Town of Southold and Further Authorizes the Supervisor to Take All Necessary Steps to Deposit the Credits Into the Town Bank WHEREAS , the County of Suffolk owns a parcel of property located at the corner of Main Road and Chapel Lane, Greenport, known as SCTM# 1000-45-1-10; and WHEREAS the County intends to retain the property as parkland in its undeveloped condition in perpetuity, and transfer the Sanitary Flow Credits to the Town of Southold; and WHEREAS the Sanitary Flow Credits associated with the parcel of property will be banked in accordance with Chapter 87 of the Southold Town Code and used only for affordable housing purposes; and WHEREAS the credits will be transferred to the Town of Southold Bank at no cost to the Town, and the County will require only that the credits be made available for affordable housing at no cost to the eventual recipient of the credits; and it is therefore RESOLVEDrequests the County of that the Town Board of the Town of Southold hereby Suffolk to transfer the aforementioned Sanitary Flow Credits to the Town of Southold and further authorizes the Supervisor to take all necessary steps to deposit the credits into the Town Bank, including the execution of all necessary documents and payment of any necessary expenditures associated with acquisition ; and be it further RESOLVED that the Town Clerk is hereby authorized to forward a certified copy of this resolution to County of Suffolk, Kevin Law, Deputy County Executive, H. Lee Dennison Building, 100 Veterans Memorial Highway, P.O. Box 6100, Hauppauge, New York 11788; County of Suffolk, Department of Planning, Division of Real Estate, Patricia Zielenski, P.O. Box Page 23 November 22, 2005 Town of Southold Board Meeting 6100, Hauppauge, NY 11788; Elaine Harrison, Office of the Suffolk County Treasurer, 330 Center Drive, Riverhead, New York 11901; Honorable Michael J. Caracciolo, Legislator, First District, 423 Griffing Avenue, Riverhead, New York 11901; the Supervisor’s Office; the Land Preservation Department; the Special Projects Coordinator and the Town Attorney. SUPERVISOR HORTON: I just want to thank the County Executive; I want to thank the head of County Planning Tom Isles; Vito Minei and Jim Morgo for working hard on this over the past 18 months to make this happen. This piece of property fell to the county after taxes for many years had not been paid and the county now owns that property and we worked with the county to capture the sanitary flow credits remaining on that property for affordable housing purposes through the Town’s Sanitary Flow bank. And this was no small task but I think it serves as a blueprint as to how the Town and the County can work together to make possible both preservation and affordable homes. Vote Record - Resolution 2005-734 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Initiator ? Adopted ???????? ??Daniel C. Ross Seconder Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-735 CATEGORY: Sanitary Flow Credits DEPARTMENT: Town Clerk Set the Prices for Sanitary Flow Credits Transferred From the Sanitary Flow Credit Bank to an Applicant Pursuant to the Procedures Set Forth In Chapter 87 of the Town Code RESOLVEDsets the following prices for that the Town Board of the Town of Southold hereby Sanitary Flow Credits transferred from the Sanitary Flow Credit Bank to an applicant pursuant to the procedures set forth in Chapter 87 of the Town Code: $7500 per credit to be used to create an accessory apartment $12,500 per credit to be used to create a single family home Each credit is equivalent to 300 gallons per day of sanitary flow. A credit may be transferred to an applicant in fractional amounts no smaller than a tenth of a credit. Page 24 November 22, 2005 Town of Southold Board Meeting Vote Record - Resolution 2005-735 ? 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 2005-736 CATEGORY: Grants DEPARTMENT: Town Clerk Authorize and Direct the Southold Town Planning Board to Submit an Application to the Department of State Quality Communities Program (2005-2006) RESOLVED authorizes and directs the Southold Town thatthe Southold Town Board hereby Planning Board to submit an application to the Department of State Quality Communities Program (2005-2006) for Environmental Protection Funds to develop local laws, land use regulations and provide graphic support to implement the Town of Southold Comprehensive Plan documents including the Town of Southold Hamlet Study, and be it further RESOLVEDauthorizes and directs the Supervisor to execute that the Southold Town Board all financial and/or administrative processes , and WHEREAS , the funds solicited through this program will be used for the purposes of or development of local laws, land use regulations and graphic support to implement the Town of Southold Comprehensive Plan documents including the Town of Southold Hamlet Study in an amount not to exceed up to $75,000 (seventy-five thousand dollars) and that the town will commit up to $15,000 (fifteen thousand dollars) in match (the match will include in-house staff salaries, copying and materials), now therefore be it RESOLVEDsupports this project to develop local laws, land use that the Town of Southold regulations and provide graphic support to implement the Town of Southold Comprehensive Plan documents including the Town of Southold Hamlet Study. Page 25 November 22, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: Any discussion? JUSTICE EVANS: Is this what he came to the Town Board today about? SUPERVISOR HORTON: Yes, it is. JUSTICE EVANS: I didn’t think there was going to be a resolution on it today. COUNCILMAN ROSS: We asked him to be specific and come back and he had to do it today thth because the deadline is December 5 and our next meeting is on December 6. And so this would, if he didn’t get it in, if we don’t take this action he won’t be able to put in the application. JUSTICE EVANS: What? COUNCILMAN ROMANELLI: I will go with rescind your resolution down the line if you don’t like it. SUPERVISOR HORTON: Well, that wouldn’t necessarily be required but I will say that this item that he, Mr. Terry did speak to specifically, I was under the same impression as you, Justice Evans, that we would have more details. But he did speak in pretty good detail, in sufficient detail on this matter and there is a deadline associated with it. I don’t think the Town is in any harm at all in moving it forward. JUSTICE EVANS: I don’t object to it, it is just that I was wondering where we were… SUPERVISOR HORTON: If I could finish? I agree with you. I would recommend that we do move it forward but if you could please convey to Mr. Terry that we would like more details th before my signature goes on a grant application by December 5. Is there any further discussion? Thank you for raising that, Justice Evans. You are absolutely correct. JUSTICE EVANS: No, I mean, I argued for it today, I was just surprised to see it on here. Vote Record - Resolution 2005-736 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Seconder ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Joshua Y. Horton Voter Public Hearing #1 8:00 P.M.- PHPDRE A UBLIC EARING FOR THE URCHASE OF A EVELOPMENT IGHTS ASEMENT ON A PPOFHBC. ORTION OF THE ROPERTY WNED BY LOWER ILL UILDING ORP RESOLVED TOWN ATTORNEY FINNEGAN: that pursuant to the provisions of Chapter 25 Page 26 November 22, 2005 Town of Southold Board Meeting (Agricultural Lands) and Chapter 6 (2% Community Preservation Fund) of the Town Code, the sets Tuesday, November 22, 2005, at 8:00 p.m., Town Board of the Town of Southold hereby 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. 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. This notice was dated October 25, 2005 by order of the Town Board and it was published on rd November 3 in the Traveler-Watchman, prior to the switch. It was published in the Suffolk Times, as well. And there is no other correspondence in the file. SUPERVISOR HORTON: Thank you very much, Mrs. Finnegan. Melissa, would you care to address the Board? Thank you. MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Melissa Spiro, Land Preservation Coordinator. I have an aerial up front showing the property. It fronts on Ackerly Pond and Main Road, there is a little bit of frontage on Main Road. It is a development rights easement that we are purchasing on just over 22 acres. The landowner is before the Planning Board for a conservation subdivision. The conservation subdivision includes five lots. Four of the lots are to be accessed on Blossom Lane, which is a tap road off Jasmine Lane in Southold Villas. The fifth lot is building envelope of approximately 1.5 acres, it is located on the same lot, on which we will be purchasing the development rights of 22 acres. The fifth lot has driveway access over to Ackerly Pond Lane. The subdivision is designed as a cluster subdivision and the Town’s purchase price will not include payment for the approximatley four acres of the subdivision open space from the clustered lots. The property contains old orchard and it is hoped that the agricultural use will be revitalized on this property as the majority of the property contains soil suitable to farming. We are hoping that once the development rights are purchased that farming will be reinstated there. The Land Preservation Committee has negotiated a purchase price of $35,000 per buildable acre, which the landowner has accepted. The Page 27 November 22, 2005 Town of Southold Board Meeting Committee recommends that the Town Board proceed with the purchase of this development rights easement on the property and so do I. If you have any questions? Thanks. SUPERVISOR HORTON: No, thank you. Actually, we discussed it at length at work session. You did a great job conveying the committee’s sentiment. Does anybody care to address the Board on this particular public hearing? (No response) 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 Initiator ???????? Joshua Y. Horton Voter 2005-737 CATEGORY: Seqra DEPARTMENT: Land Preservation Determine that the Purchase of Development Rights Easement Owned by Flower Hill Building Corp is a Unlisted Action and Declare a Negative Declaration Pursuant to SEQRA Rules and Regulations for This Action WHEREAS , the Town Board of the Town of Southold wishes to purchase a development rights easement on part of a certain parcel of property of agricultural lands owned by Flower Hill Building Corp. pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is identified as SCTM #1000-69.-3-10.1 and 50275 Ackerly Pond Lane, Southold, New York, and is located on the easterly side of Ackerly Pond Lane (a/k/a Bowery Lane) in Southold. The development rights easement comprises approximately 22.23 acres of the 27.1260 acre property. The exact area of the development rights easement is subject to a Town-provided survey acceptable to the Land Preservation Committee. The purchase price is $35,000 (thirty-five thousand dollars) per buildable acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; be it therefore, Page 28 November 22, 2005 Town of Southold Board Meeting RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; be it further 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. COUNCILMAN WICKHAM: 737 I shall recuse myself from because I am related, I am a cousin of the wife of the applicant. Vote Record - Resolution 2005-737 ? 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 Initiator ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Joshua Y. Horton Voter 2005-738 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Land Preservation Elect to Purchase a Development Rights Easement on Part of a Certain Parcel of Property of Agricultural Lands Owned by Flower Hill Building Corp. WHEREAS , the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on the property owned by Flower Hill Building Corp. on the 22nd day of November, 2005, pursuant to the provisions of Chapter 25 Page 29 November 22, 2005 Town of Southold Board Meeting (Agricultural Lands Preservation) and Chapter 6 (2% Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS , said property is identified as SCTM #1000-69.-3-10.1 and 50275 Ackerly Pond Lane, Southold, New York, and is located on the easterly side of Ackerly Pond Lane approximately 934 feet northerly of the intersection of Route 25 and Ackerly Pond Lane (a/k/a Bowery Lane) in Southold; and WHEREAS , the majority of the property is located within the Agricultural-Conservation (A-C) Zoning District and 1.3 acres is located within the Residential Office (RO) Zoning District; and WHEREAS , the development rights easement comprises approximately 22.23 acres of the 27.1260 acre property. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee; and WHEREAS , the landowner has applied to the Planning Board for a clustered Conservation Subdivision, known as Beach Plum Homes, which includes four (4) residential lots ranging in size fro 30,916 sq. ft. to 33,712 sq. ft. and a fifth lot which is to include a residential building envelope of 1.5 acres and the approximate 22.23 acres on which the Town will be purchasing the development rights easement; 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; and WHEREAS , the property is in the vicinity of other farms on which either the Town or the County have purchased the development rights; and WHEREAS , the purchase of the development rights on this property is in conformance with the provisions of Chapter 6 (2% Community Preservation Fund) and Chapter 25 (Agricultural Lands Preservation ) of the Town Code, and Page 30 November 22, 2005 Town of Southold Board Meeting WHEREAS , the purchase price is $35,000 (thirty-five thousand dollars) per buildable acre; and WHEREAS , due to the intended agricultural use of the property, sanitary flow credits are not available and will not be transferred from this property; and WHEREAS , the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on these agricultural lands, be it therefore RESOLVEDelects to purchase a that the Town Board of the Town of Southold hereby development rights easement on part of a certain parcel of property of agricultural lands owned by Flower Hill Building Corp. pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold . Said property is identified as SCTM #1000-69.-3-10.1 and 50275 Ackerly Pond Lane, Southold, New York, and is located on the easterly side of Ackerly Pond Lane approximately 934 feet northerly of the intersection of Route 25 and Ackerly Pond Lane (a/k/a Bowery Lane) in Southold. The development rights easement comprises approximately 22.23 acres of the 27.1260 acre property. The exact area of the development rights easement is subject to a Town-provided survey acceptable to the Land Preservation Committee. The purchase price if $35,000 (thirty-five thousand dollars) per buildable acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. COUNCILMAN WICKHAM: I recuse myself. SUPERVISOR HORTON: Councilman Wickham will recuse himself. COUNCILMAN ROMANELLI: I just want to say that I think that this is a great buy. I mean, it is a prime land for development on the Main Road in Southold. I think you got a good deal on it. SUPERVISOR HORTON: Anything further? COUNCILMAN ROMANELLI: I am for it. Page 31 November 22, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: Thank you very much, Councilman Romanelli? Would anybody, would any other Board members care to speak to this resolution? COUNCILMAN EDWARDS: I would just like to comment also that very rarely do you get to essentially preserve as long a piece of road front as runs along Ackerly Pond Lane. It is an unusual preservation for that reason as well. SUPERVISOR HORTON: Thank you. Vote Record - Resolution 2005-738 ? 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 Public Hearing #2 8:05 P.M.- PHHCVLHC A UBLIC EARING TO EAR ITIZENS IEWS ON OCAL OUSING AND OMMUNITY DN EVELOPMENT EEDS Citizen’s Ideas Wanted On Community Development COUNCILMAN WICKHAM: Program Announcement of Public Hearing In April, 2006 the Town of Southold expects to receive approximately $142,000.00 in Federal Community Development Block Grant Funds. These funds may be used, and have been previously used for a variety of projects to be selected by local officials. Eligible activities include: Acquisition and demolition of blighted property Housing rehabilitation Elimination of physical barriers for the handicapped Public facilities and improvements Street Reconstruction Code Enforcement Public Water projects Economic Development Public Services (limited to 15%) Tuesday, November 22, 2005, 8:05 Town Residents are invited to attend this public hearing on P. M. in the evening at the Southold Town Hall, 53095 Main Road, Southold, New York, to express citizen views on local housing community development needs to be met with these funds. I have a notice here, first I have a certified copy. A notice that this has appeared on the Town Clerk’s bulletin board and I haven’t found it yet but I think there is a certification that it has Page 32 November 22, 2005 Town of Southold Board Meeting appeared in the newspaper. SUPERVISOR HORTON: While Councilman Wickham searches for that, would anybody care to address the Board on this hearing? You have a list that you will provide for the Board for the record? Then we will close this hearing, if there is no further input. TOWN ATTORNEY FINNEGAN: Do you want to enter this as part of the record? SUPERVISOR HORTON: Yes. And the Board will have the opportunity to review that. This hearing is declared closed. Vote Record - Public Hearing #2 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ???????? Daniel C. Ross Voter ? Adjourned ???????? Thomas H. Wickham Initiator ?? Closed ???????? John M. Romanelli Voter ???????? Louisa P. Evans Seconder ???????? Joshua Y. Horton Voter SUPERVISOR HORTON: That concludes our resolutions. Would anybody care to address the Town Board on town related items? COUNCILMAN ROMANELLI: Mr. Finnegan? SUPERVISOR HORTON: How did you enjoy the meeting, young man? Good. We are glad to have you here and please convey to the rest of your troop that they are more than welcome to attend any Town Board meetings. In fact, if you can get them to attend a work session; that is usually during the school day you know, I don’t know if you could advocate coming to a work session during a school day but the work sessions are also very interesting. The work sessions are also a time where everything that we vote on, in the formal process during the course of this meeting, everything, all the work that takes place to make it possible to vote on these items takes place at the work sessions, with all Board members present. And sometimes those can be quite interesting, quite lively and quite colorful. I think it would be right up your alley. Do you like contact sports? Alright, then. Then this would be for you. Great. If nothing further, I would like to extend my greatest and deepest wishes of safe, healthy and happy holidays to everybody here. Thank you for coming. Also to those, you know, the rest of our members of the community, the rest of our viewing audience. Have a Happy Thanksgiving and a great Thanksgiving weekend. Thanks so much. This meeting is hereby adjourned. * * * * * Elizabeth A. Neville Southold Town Clerk Page 33