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HomeMy WebLinkAboutTB-12/06/2005 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 December 6, 2005 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, December 6, 2005 at the Meeting Hall, Southold, NY. Supervisor Horton opened the meeting at 4:30 PM with the Pledge of Allegiance to the Flag. Attendee Name Organization Title Status Arrived William P. Edwards Town of Southold Councilman Present 4:30 PM Daniel C. Ross Town of Southold Councilman Present 4:30 PM Thomas H. Wickham Town of Southold Councilman Present 4:30 PM John M. Romanelli Town of Southold Councilman Absent 4:30 PM Louisa P. Evans Town of Southold Justice Present 4:30 PM Joshua Y. Horton Town of Southold Supervisor Present 4:30 PM Elizabeth A. Neville Town of Southold Town Clerk Present 4:30 PM Patricia A. Finnegan Town of Southold Town Attorney Present 4:30 PM Page 1 December 6, 2005 Town of Southold Board Meeting I. Reports Subject Details 1. Island Group Admin Claim Lag Report 11/1/04-10/31/05 II. Public Notices Subject Details 1. NYSDEC Notice of Complete Application Grace R. Edson III. Communications IV. For Discussion Subject Details 1. Peconic Land Trust Contracts 9:30 a.m. - Melissa Spiro 2. Dec 8 Meeting of Supervisors & Town Councilman Wickham Board Members @ Southampton College 3. Coastal Erosion Appeal Lewis Edson 4. 2006 Town Board Meeting Dates Announcements Subject Details Reminder - December 14, 2005 7:00 P.M. Special Town Board Meeting Minutes Approval » Accept the Minutes of 10/25/2005 7:30 PM Vote Record - Minutes Acceptance of October 25, 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 ???????? th SUPERVISOR HORTON: Good afternoon and welcome to the December 6, 4:30 PM public meeting of the Southold Town Board. Please rise and join with me in the Pledge of Allegiance. The public is invited to address the Town Board prior to voting on any of the resolutions, should you care to address any of those items. Also over the course of our public hearings this evening, I believe we have two and we also reserve time at the end of the meeting for the public to address the Board on other town related items. Justice Evans, if you would move us forward? (Resolutions #739 and 740 read) If the public would care to address the Board on any of this evening’s resolutions? Yes, Mrs. Egan. Page 2 December 6, 2005 Town of Southold Board Meeting JOAN EGAN: Good evening everybody, hope everybody had a good Thanksgiving and (inaudible) I think there is one error on page two, you have accept the minutes of the October th 25, shouldn’t that be November? SUPERVISOR HORTON: No, that is correct. MS. EGAN: This is correct? SUPERVISOR HORTON: Yes. MS. EGAN: How come? SUPERVISOR HORTON: How come it is correct? Because all of the elements that make it an issue are in order and that means it is correct. MS. EGAN: Okay. Now, 2005-741, this Wainscott Sand and Gravel, where are they from? SUPERVISOR HORTON: Wainscott. MS. EGAN: Where is Wainscott? SUPERVISOR HORTON: East Hampton. It was put out for bid. MS. EGAN: Not from us, around here. SUPERVISOR HORTON: You are welcome to bid on it, Mrs. Egan. MS. EGAN: Now this kind of confused me. You have 745 but then you have more on the Highway Department of another agenda, correct? Expenses and what not? SUPERVISOR HORTON: No, that is all one resolution. MS. EGAN: Well, it’s, I certainly hope they will take better care of their equipment. And it is really truly a shame that the Highway Department was split. When something is working good, you leave it alone and I don’t know whether I mentioned it but I think I did to Mr. Harris that he might want to have Mr. Glover who was in competition with him, step aboard to the Highway Department and maybe we will better results. That was only a suggestion. Now, this is the whole Highway, it goes on, yeah, yeah, alright, so that is 745. 746 is also part of that, isn’t it? SUPERVISOR HORTON: Those are, 746 is a budget modification, the Town Attorney’s budget. MS. EGAN: Oh, the Town Attorney, oh yes, there was something on there that I wondered about. Page 3 December 6, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: Are there other resolutions? MS. EGAN: Fee for service, non-employee legal counsel. $33,500. Where did we get that from? SUPERVISOR HORTON: That is a number of legal bills from outside counsel. MS. EGAN: That is a lot of money. And I see you are going to be going up against Jennie Gould, have fun. SUPERVISOR HORTON: Thank you. MS. EGAN: You better pray very hard. SUPERVISOR HORTON: Okay. MS. EGAN: Now I also saw surplus police department things in the…. SUPERVISOR HORTON: Those are the, three or four…. MS. EGAN: …and if we don’t sell them… SUPERVISOR HORTON: …these are three or four… MS. EGAN: …I realize that… SUPERVISOR HORTON: …Crown Victoria’s… MS. EGAN: …and if not sold maybe they should be given to a school, I know Greenport has a special for mechanics and things like that. That would be nice to do. SUPERVISOR HORTON: That is not a bad idea, if they would like that. MS. EGAN: Pardon? SUPERVISOR HORTON: I said, that is not a bad idea if they would like that. MS. EGAN: Oh, 750. I don’t know that that ever should have happened, but it did and the man did lose interest on that money and you should start giving interest on this money when you have made a mistake. And now who on resolution 751, who is Five Towns Rural Transit, Incorporated? Where are they from? SUPERVISOR HORTON: That is a, they are a non-profit organization, with representatives from both the north and south fork that are working toward a north-south fork transportation authority. Page 4 December 6, 2005 Town of Southold Board Meeting MS. EGAN: Okay. Now, okay, now, the 752 that is the dump? SUPERVISOR HORTON: Yes. MS. EGAN: An awful lot of money and an awful lot of insults going on up there by their personnel. Oh, I don’t understand 753. What is that all about? SUPERVISOR HORTON: 753 is allowing, it is accepting a grant, actually they are federal monies that will be filtered to the Town through the County on some risk mitigation, hazard mitigation initiatives that we are working on with the County. MS. EGAN: Now, again on 754, we have the AdZone Research Inc., where are they located? SUPERVISOR HORTON: I do not know exactly where they are located. I do not know where their corporate headquarters are. MS. EGAN: And why are we using them? SUPERVISOR HORTON: It is software that the police department will use to keep track of released… MS. EGAN: So the recommendation came from the police department? SUPERVISOR HORTON: Yes. MS. EGAN: Well, that is nice. Now these surplus books on 755, I would imagine they are obsolete? SUPERVISOR HORTON: That is correct. MS. EGAN: (inaudible) for display or look nice. On 759 the resignation of Mark Utz, was he temporary or was it by age? SUPERVISOR HORTON: No he wasn’t temporary and we will miss him. He was a great addition to our… MS. EGAN: (inaudible) SUPERVISOR HORTON: …he wasn’t a temporary worker. He was a full time employee of the Town. MS. EGAN: And he is resigning because of age or desire? SUPERVISOR HORTON: Personal reasons, I am sure. Page 5 December 6, 2005 Town of Southold Board Meeting MS. EGAN: Okay. Had some trouble with the Accounting Department. I hope he wasn’t insulted as I was. Now, the Oaklawn situation, that is the public hearing? SUPERVISOR HORTON: Yes. MS. EGAN: Okay. That would be 63 and 65. That does it, thank you very much. SUPERVISOR HORTON: Thank you for coming, Mrs. Egan. MS. EGAN: You are welcome. SUPERVISOR HORTON: On resolutions, are there other comments from the floor? Mr. Meineke. HOWARD MEINEKE: Hi. Good afternoon. My name is Howard Meineke. I am on the board of the North Fork Environmental Council. I just want to comment on a couple of things. Number 762, about the change of zone from R-80 to Affordable Housing and I just want to say something that we have said before, there, it is the right place probably for affordable housing. We are not against affordable housing but we are against the pernicious upzoning and the increase in density in Southold Town and we think there should always be attention paid to a reduction of housing density somewhere in town to accommodate here we have gone from 7 to 24 houses. I am going to ask and you are not going to be able to tell me, where are we going from 24 houses from to 7 somewhere else in town? This is just an example of how density tends to bit by bit, slowly go down the slippery slope and get out of control. And again, without being against affordable housing, we are in favor of maintaining the rural ambience of Southold Town and this is part of the way we lose it. And just very quickly, you are going to have a public hearing on the Whitaker House and the sewage transfer credits tend to do the same thing, that is another place apartments close to town, over the top of a building that you couldn’t do a better job of providing something for affordable housing but I am not sure that all the citizens of the town are aware that we spend money to preserve land and then we take the rights to do housing off the land and the right to pollute under the ground from the land and move it somewhere else. I am just not sure that that is general public knowledge and again, it is an increase in density in town without a corresponding decrease in density somewhere else and we are convinced that over time, we are going to be sorry that we don’t think about that and address that question. Thank you. SUPERVISOR HORTON: Thank you, Mr. Meineke. Other resolutions? Yes, Mr. Yakaboski. GREG YAKABOSKI: Greg Yakaboski, Southold. With respect to resolution 744, which is the sanitary flow credits? SUPERVISOR HORTON: Yes? MR. YAKABOSKI: These sanitary flow credits, when you buy those, you know, say there is a Page 6 December 6, 2005 Town of Southold Board Meeting one acre lot, two acre lot; so when you buy the credit off that and now you are going to transfer the credit here. That could have been a …., is it a one to one transfer? So in other words, if there was one house allowed on that two acre lot that you bought the rights off of and you are selling the TDR’s, is it a one to one transfer? SUPERVISOR HORTON: Actually, the amount of sanitary flow credits we actually redeem off a piece of property is generally decided in conjunction with the Health Department because if we preserve a piece of property and it is, say, 10 acres and it was zoned R-40, the Health Department may not recognize sanitary flow credits off of all 10 acres for environmental reasons, so the amount of flow credits reaped off a piece of property, benign open space mind you, is decided in conjunction with the Health Department. MR. YAKABOSKI: Well, take a more typical example. Twenty acres, two acre zoning under town law would have nine or ten houses on it. When we are going to sell the TDR’s is that, do we have the right to sell nine to ten, let’s say it was ten; on my example, ten houses could have been built. We bought it off… SUPERVISOR HORTON: Again, it depends on what the Health Department, how many sanitary flow credits the Health Department actually recognizes off the property. MR. YAKABOSKI: So it is not necessarily a one to one ratio? SUPERVISOR HORTON: No and it is not necessarily more or less than that, either. The Health Department, let me back up, as far as the, for the public hearing we are having tonight on the Whitatker House, that, they are only buying a fraction, if they go through, they will be buying a fraction of the sanitary flow credit because they are purchasing enough sanitary flow credit to meet Health Department regulations. MR. YAKABOSKI: So one way of saying, which we don’t I never realized, what I am about to ask we don’t know the answer for but one way of saying it is we could of, where under town zoning, one house if we bought it, one house could have been permitted; when we sell the credits, that could go to fund three or four other houses? SUPERVISOR HORTON: It doesn’t change zoning, no. The flow credit doesn’t change zoning. MR. YAKABOSKI: Correct. SUPERVISOR HORTON: The only thing that can be developed or built is what the zoning on that parcel calls for. MR. YAKABOSKI: Actually, that is a correct statement but it is not a full statement. A correct, full statement would be you have both the zoning and as Dan well knows, whether the Health Department is going to permit it. So if the Town decides to have quarter acre zoning and the Health Department doesn’t permit it and the Town has no municipal sewer, septic, and the Page 7 December 6, 2005 Town of Southold Board Meeting person on that lot cannot meet the Health Department requirements, it doesn’t matter what the Town zones… SUPERVISOR HORTON: That is correct. MR. YAKABOSKI: Correct? Okay. So as we stand here today, we do not know, I realize what you said, we just don’t know how many… SUPERVISOR HORTON: I am not saying I don’t know, what I am saying is that it is on a case by case basis because you never know how many sanitary flow credits you are actually going to get off of a piece of property. MR. YAKABOSKI: Okay. When we buy open space, our most recent purchase… SUPERVISOR HORTON: I have answered your question to the extent that I am going to. MR. YAKABOSKI: Okay. To the extent, you don’t know? SUPERVISOR HORTON: No, to the extent, no, Greg… MR. YAKABOSKI: Take Mr. Meineke’s… SUPERVISOR HORTON: To the extent that… MR. YAKABOSKI: Josh, Josh, let me talk. SUPERVISOR HORTON: To the extent that I can answer your question, I have. MR. YAKABOSKI: That is fair enough. Because right now, on the last piece of open space that you bought, that you put in the TDR program, does anybody on the Town Board, anybody, know how many houses that would have been permitted under zoning, town zoning and how many sanitary flow credits the Health Department permitted? SUPERVISOR HORTON: The last piece of open space we purchased we didn’t take any sanitary flow credits off of. MR. YAKABOSKI: So where are these coming from? SUPERVISOR HORTON: These are from a purchase prior to the last one. MR. YAKABOSKI: How many came off that one? And how many houses would have been allowed? SUPERVISOR HORTON: I don’t know, the bank is cumulative but I believe we have 26 sanitary flow credits. Page 8 December 6, 2005 Town of Southold Board Meeting MR. YAKABOSKI: Okay. Just to keep it real slow for you, how many houses would have been permitted under town zoning and how many sanitary flow credits does that transfer under? This is an issue that came up when the Town passed the TDR’s. Nobody answered it then, nobody can answer it now and at the hearing in a few minutes, I know nobody is going to be able to answer it. It is a simple question. SUPERVISOR HORTON: Okay. MR. YAKABOSKI: And it goes right to what Mr. Meineke was talking about before, it goes right to what you know how you impact the density of the town and matter of fact, you also should know, from Tom with the Blue Ribbon Commission, there was two issues in that Blue Ribbon Commission. There was both a preservation component and the density reduction component. If you are buying things and start selling, you have no clue, no record anywhere. It seems very sloppy and wasteful and a waste of people coming to the public hearings these types of things, if you can’t answer basic questions. SUPERVISOR HORTON: Okay. Are there other resolutions you would like to address? MR. YAKABOSKI: I am still kind of finishing up on this one. Okay? It is just sloppy. It goes just like the public hearing on the budget. You ask basic questions; didn’t have the answer, come back later. That is the public hearing, you have to pass it seven days after that. Why have these things? SUPERVISOR HORTON: Okay. MR. YAKABOSKI: I mean, Josh, this has gone throughout your tenure. Amazing. Clarification, in the second whereas, these sanitary flow credits you are talking about right now, they are not going to go to, they are not needed to accommodate the office used in the basement, correct, I mean, in the first floor? COUNCILMAN WICKHAM: What resolution? MR. YAKABOSKI: 744, I think it was, Tom. 744, the second whereas. SUPERVISOR HORTON: And what is your question about that? MR. YAKABOSKI: It is just describing the project but when I read it, it is just the little things, it is just that the, it almost sounds like the sanitary flow credits are needed to accommodate both the office use and the planned accessory apartments. SUPERVISOR HORTON: Well, the sanitary flow credit will be or the three-quarters of a sanitary flow credit will be required to house all of those items in that structure. Per Health Department, yes. Page 9 December 6, 2005 Town of Southold Board Meeting MR. YAKABOSKI: Correct. But right now it is up and running, so it already has got enough credits to run the office that is there right now. Okay. It just seems to say that it is needed to do the whole thing. If you don’t know, if you are unsure with your TDR program… SUPERVISOR HORTON: It is not unsure, Greg. And I will say this again… MR. YAKABOSKI: You can’t answer the question, how can you say it is not unsure, Josh? Can you answer my question before or not? No. SUPERVISOR HORTON: Greg, I am not going to argue with you and I am not going to be berated by you either. With a piece of property, the Health Department may allow off of one acre, may allow one flow credit, may allow two credits. It depends on what the Health Department is going to recognize off of that parcel. So on a case by case basis, it could change. Yes, you are correct, I believe a portion of your question was, if there is a two acre piece of property and the Health Department, and town zoning is R-80 then essentially yes you would get under town zoning one lot. The Health Department may recognize more than one sanitary flow credit off of that property, yes. It may not. So it is not a matter of our not knowing, it is a matter of on a case by case basis; how many flow credits the Health Department will allocate off of a parcel. MR. YAKABOSKI: From a planning perspective or a SEQRA analysis… SUPERVISOR HORTON: Which is why we track all of that and simultaneously. MR. YAKABOSKI: From the planning perspective or a SEQRA analysis perspective, Tom, when you, one of your stated goals of the Town and Dan and Bill and Louisa, is density reduction. And you have a TDR program, which is not a bad program in and of itself and it is correct that when you buy those rights for those houses off that property, my 20 acre, 10 houses; it is not a one to one, it could be more, could be less. It usually is probably a little bit more. But now, you took 10 households, potential households, took them off the market made that benign open space. Now you are going to put those back into play. But right now it is a little frustrating as a member of the public… SUPERVISOR HORTON: They will only be back in the play… MR. YAKABOSKI: ….I was speaking, Josh, please, I was speaking. SUPERVISOR HORTON: ….in the extent that zoning will allow. MR. YAKABOSKI: I was speaking. It is a little frustrating…. SUPERVISOR HORTON: You are twisting things, though, Greg. MR. YAKABOSKI: No, Josh, you are. I was speaking, I was speaking to Tom, I wasn’t speaking to you, okay? Page 10 December 6, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: Greg, please, finish your comments. MR. YAKABOSKI: I wasn’t speaking to you. SUPERVISOR HORTON: Finish your comments because there are other people that would like to address the Board. MR. YAKABOSKI: Tom, as I was saying, it is a little frustrating from a town, from a citizen’s perspective it is just a basic analysis, nothing crazy, just a basic one. When you have 20 acres, 10 houses, you take it off. Ten households are now gone. You are going to put those back into play. While we might have zoning in place, those are needed to get the zoning going, to not know how many those are. That is all. It is a basic, simple question. I am not here screaming and yelling to try to pick on somebody, I am saying, I am looking for information and it is frustrating to come in and just not have that basic information. That seems fairly basic. That is all. COUNCILMAN WICKHAM: The basic information we do have is our tracking system that tracks the preservation ratios and also our achievement towards the density reduction and we are well within our targets at this point. MR. YAKABOSKI: And I think that is excellent, I am just wondering how much, I am just asking how this impacts that and how many are coming off it? Are we saving 10 and (inaudible), that is all. COUNCILMAN WICKHAM: We can look into that. MR. YAKABOSKI: I will save, I will put the rest of my comments on the record then for the, well, I will finish it right here. You can look into that but then how do you comment on a SEQRA resolution or how does somebody step up to the Board with information in hand so they can make valid comments to the public hearing later? It is a little tough. If you are going to keep the public hearing open again and then provide the information in the meantime, that is terrific. But if that is not the case, it is a little tough to have public hearings. You guys have the information, we don’t. And not to be able to get it, to get talked in circles by the Supervisor over here, doesn’t know the answer. I am not picking on him for not knowing the answer, I am just, sometimes you don’t know, that is fine. SUPERVISOR HORTON: Greg, you didn’t like my answer. MR. YAKABOSKI: You didn’t have an answer. SUPERVISOR HORTON: You didn’t like it. MR. YAKABOSKI: You didn’t have an answer, Josh. You couldn’t answer the basic question. Page 11 December 6, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: And I am going to, I am calling it to a conclusion. If you have other resolutions that you would like to address the Board on, please feel free to do so. MR. YAKABOSKI: I am just asking that the Board think about that when you are having these things. Basic information, that is how you make decisions, basic facts. SUPERVISOR HORTON: Are there other resolutions, Greg? MR. YAKABOSKI: It is just a comment. It might be normally done in the course of business, I don’t know. 756, 757, 758. About $95,000 in contracts, enacting before you know, the new Board comes in. Sometimes those kinds of contracts can’t wait, sometimes they can. You know. If you can wait to hold off with the $95,000? SUPERVISOR HORTON: These are everything that is on the agenda today, Board members that are incoming had the opportunity to attend the work session. In fact, I believe they did… MR. YAKABOSKI: Okay. SUPERVISOR HORTON: …attend the work session with us. A valid concern. MR. YAKABOSKI: The 762 kind of go to the same point generally I was making, Mr. Meineke was making a little earlier. Goes to density, goes to the Town Board’s stated goal that density reduction and planning in the Town is a stated goal, objective of the Town and this is just another example where knowing that information, providing that to the public about how these sanitary flow credits work, that stuff works; would be helpful for the people. You might have everybody say it is a great idea, we are not really doing anything too crazy. Or maybe we are, we don’t know. st SUPERVISOR HORTON: Well, that public hearing is January 31, so there is plenty of time… MR. YAKABOSKI: Josh, public hearings are usually a little tricky… SUPERVISOR HORTON: My point to you, Greg, is that there is plenty of time to get information prior to that hearing. MR. YAKABOSKI: See, I came in two meetings ago, Josh… SUPERVISOR HORTON: Are there other resolutions you would like to address? MR. YAKABOSKI: Josh, you keep making comments. I was going through the resolutions. SUPERVISOR HORTON: This is dedicated to resolutions though. If there are specific resolutions. MR. YAKABOSKI: That was it, thank you for your time. Page 12 December 6, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: Thanks. Would anybody else care to address the Board on the resolutions? (No response) We will move forward with the agenda. V. Resolutions 2005-739 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit of December 6, 2005 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby December 6, 2005. Vote Record - Resolution 2005-739 ? 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 ???????? 2005-740 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Tuesday, December 20, 2005 At the Southold Town Hall, Southold, New York At 7:30 P. M. As the Time and Place for the Next Regular Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, December 20, 2005 at the Southold Town Hall, Southold, New York at 7:30 P. M.. Page 13 December 6, 2005 Town of Southold Board Meeting Vote Record - Resolution 2005-740 ? 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 ???????? 2005-741 CATEGORY: Bid Acceptance DEPARTMENT: Solid Waste Management District Accept the Bid of Wainscott Sand and Gravel to Purchase Excess Gravel From the Solid Waste District RESOLVED accepts the bid of that the Town Board of the Town of Southold hereby Wainscott Sand and Gravel to purchase Excess Gravel from the Solid Waste District at a price of $7.25/ton for “small gravel” and $6.25/ton for “large gravel” respectively, all in accordance with the Town Attorney. Vote Record - Resolution 2005-741 ? 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 Initiator ???????? 2005-742 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Community Development Authorize and Direct Supervisor Horton to Sign the 2006 Program Application for the Southold Youth Services Program RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Joshua Y. Horton to sign the 2006 program application for the Southold Youth Services Program in the amount of $10,185 for the term January 1, 2006 through December 31, Page 14 December 6, 2005 Town of Southold Board Meeting 2006. Vote Record - Resolution 2005-742 ? 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 Voter ???????? ??Withdrawn Louisa P. Evans Seconder ???????? Joshua Y. Horton Voter ???????? 2005-743 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Modify the 2005 General Fund Whole Town - Recreation RESOLVEDmodifies the 2005 General that the Town Board of the Town of Southold hereby Fund Whole Town: FROM: A.7180.1.300.100 Beaches $1,500.00 Personal Services Regular Earnings TO: A.7020.1.100.200 Recreation $1,500.00 Personal Services Overtime Earnings Vote Record - Resolution 2005-743 ? 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 ???????? 2005-744 Page 15 December 6, 2005 Town of Southold Board Meeting CATEGORY: Seqra DEPARTMENT: Town Attorney Designate the Town As Lead Agency and Determine 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 application for the transfer of sanitary flow credits; and WHEREAS, the purpose of the application involves the transfer of sanitary flow credits from the Town’s Transferred Development Rights Bank to a property known as the Whitaker House, located on the southeast corner of Route 25 and Horton’s Lane, to allow for the rehabilitation and reuse of the 2,177 square foot, two-story building. The first floor would accommodate office use, while the second floor would accommodate two accessory apartments. The sanitary flow credits are needed to provide the appropriate water allotment in accordance with the Suffolk County Sanitary Code. NOW THEREFORE BE IT RESOLVED , that pursuant to Part 617 of the SEQR Regulations, designates itself as the Lead Agency for the the Town Board of the Town of Southold hereby 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 the Lead Agency has determined that the proposed Unlisted Action will Conservation Law, not have a significant adverse effect on the environment. Vote Record - Resolution 2005-744 ? 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 16 December 6, 2005 Town of Southold Board Meeting 2005-745 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Modify the 2005 Highway Fund Part-Town Budget RESOLVEDmodifies the 2005 Highway that the Town Board of the Town of Southold hereby Fund Part-Town budget as follows: To: DB.5110.1.100.200 General Repairs, P.S. Overtime Earnings $10,720.94 From: DB.5110.1.100.100 General Repairs, P.S. Regular Earnings $10,720.94 To: DB.5110.4.100.350 General Repairs, C.E. Traffic Paint $1,840.06 From: DB.5110.4.100.915 General Repairs, C.E. Cement $1,840.06 To: DB.5110.4.100.905 General Repairs, C.E. Asphalt Patch $5,000.00 From: DB.5110.4.100.900 General Repairs, C.E. Resurfacing Projects $5,000.00 To: DB.5110.4.400.600 General Repairs, C.E. Other Contracted Services $1,923.50 From: DB.5110.4.100.975 General Repairs, C.E. Steel $1,923.50 To: DB.5130.4.100.550 Machinery, C.E. Tires $ 634.71 From: DB.5130.2.500.400 Machinery, E.&C.O. Radio Equipment $ 634.71 To: DB.5140.4.200.100 Brush & Weeds/Miscellaneous, C.E. Telephone/Cellular Phones $1,550.00 Page 17 December 6, 2005 Town of Southold Board Meeting From: DB.5140.4.400.200 Brush & Weeds/Miscellaneous, C.E. Property Maint & Repairs $1,550.00 To: DB.5130.2.300.200 Machinery, E.&C.O. Heavy Duty Vehicles $5,000.00 From: DB.5142.2.400.200 Snow Removal, Equipment Snow Equipment $5,000.00 Vote Record - Resolution 2005-745 ? 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 ???????? 2005-746 CATEGORY: Budget Modification DEPARTMENT: Town Attorney 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.9901.9.000.300 Transfers to Other Funds Transfer to Risk Retention Fund $27,400.00 A.1420.1.100.200 Town Attorney, P.S. Overtime Earnings $ 1,000.00 A.1420.1.100.400 Town Attorney, P.S. Sick Earnings $ 5,000.00 A.1420.1.200.100 Town Attorney, P.S. Part-Time Employees Regular Earnings $ 3,000.00 Page 18 December 6, 2005 Town of Southold Board Meeting To: A.1420.4.100.100 Town Attorney, C.E. Office Supplies/Stationary $ 200.00 A.1420.4.100.200 Town Attorney, C.E. Books $ 1,000.00 A.1420.4.500.100 Town Attorney, Fee for Service Non-Employ Legal Counsel $33,500.00 A.1420.4.600.200 Town Attorney, Miscellaneous Meetings and Seminars $ 100.00 A.1420.4.600.300 Town Attorney, Miscellaneous Travel Reimbursement $ 400.00 A.1420.4.600.600 Town Attorney, Miscellaneous Dues and Subscriptions $ 1,200.00 Vote Record - Resolution 2005-746 ? 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 Voter ???????? ??Withdrawn Louisa P. Evans Seconder ???????? Joshua Y. Horton Voter ???????? 2005-747 CATEGORY: Surplus Equip - Non Usable DEPARTMENT: Police Dept Declare Vehicles to be Surplus Equipment and Authorize to Advertise for Bid RESOLVEDdeclares the following that the Town Board of the Town of Southold hereby equipment to be surplus equipment: 1999 Ford Crown Victoria - VIN 2FAFP71W8XX194070 2000 Ford Crown Victoria - VIN 2FAFP71W1YX176396 Page 19 December 6, 2005 Town of Southold Board Meeting 2001 Ford Crown Victoria - VIN 2FAFP71W51X187116 Vehicles are no longer drivable, have been used for parts and will be sold in "as is" condition. Vehicles may be viewed at Lou's Garage, Pacific Street, Mattituck. Contact person at Police Headquarters is Lt. H. William Sawicki - 765-2600. RESOLVED Be it further that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same. Vote Record - Resolution 2005-747 ? 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 ???????? 2005-748 CATEGORY: Grants DEPARTMENT: Land Preservation Authorize and Direct the Land Preservation Coordinator Melissa Spiro to Submit a Proposal to the New York State Department of Agriculture and Markets RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Land Preservation Coordinator Melissa Spiro to submit a proposal to the New York State Department of Agriculture and Markets to solicit State assistance from the Farmland Protection Implementation Grants (FPIG) Program . The cost-share ratio of the program is 75 percent State and 25 percent Town. Vote Record - Resolution 2005-748 ? 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 ???????? Page 20 December 6, 2005 Town of Southold Board Meeting 2005-749 CATEGORY: Refund DEPARTMENT: Town Clerk Grant North Fork Self Storage a Full Refund In the Amount of $400.00 RESOLVED grants North Fork Self that the Town Board of the Town of Southold hereby Storage a full refund in the amount of $400.00 for an interpretation from the Zoning Board of Appeals. Vote Record - Resolution 2005-749 ? 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 Voter ???????? ??Withdrawn Louisa P. Evans Seconder ???????? Joshua Y. Horton Voter ???????? 2005-750 CATEGORY: Refund DEPARTMENT: Solid Waste Management District Authorize the Refund the Amount of $19.50 to John Howell, 445 Deer Rd., Mattituck RESOLVEDauthorizes the refund the that the Town Board of the Town of Southold hereby amount of $19.50 to John Howell, 445 Deer Rd., Mattituck, for tip fees charged to him at the Cutchogue Transfer Station on November 20, 2005, when he neglected to tell the Scale Operator that his load did not contain chargeable items. Vote Record - Resolution 2005-750 ? 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 December 6, 2005 Town of Southold Board Meeting 2005-751 CATEGORY: Authorize Payment DEPARTMENT: Town Clerk Authorize the Payment of $2,000.00 to be Paid to the Five Towns Rural Transit, Inc RESOLVED authorizes the payment of that the Town Board of the Town of Southold hereby $2,000.00 to be paid to the Five Towns Rural Transit, Inc . for the completion of the Transportation Survey of Five East End Towns. Vote Record - Resolution 2005-751 ? 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 ???????? 2005-752 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District Modify the 2005 Solid Waste District Budget RESOLVEDhereby modifies the 2005 Solid that the Town Board of the Town of Southold Waste District budget as follows: From: SR.8160.1.100.100 Personal Services Regular $ 2,000 SR.8160.2.200.400 Computer Equipment $ 1,000 SR.8160.2.500.200 Garage and Shop Equipment $ 2,600 SR.8160.4.100.566 Maint/Cat Quarry Truck $ 2,700 SR.8160.4.100.700 Haz Mat Training/Supplies $ 900 SR.8160.4.400.200 Building Maintenance $ 900 SR.8160.4.400.300 Public Information/Printing $ 1,400 SR.8160.4.400.660 Forklift Repair $ 900 SR.8160.4.400.675 Repairs CAT 816B Compactor $ 1,900 SR.8160.4.400.805 MSW Removal $49,350 SR.8160.4.400.810 C&D Removal $12,000 Page 22 December 6, 2005 Town of Southold Board Meeting SR.8160.4.400.815 Scrap Tire Removal $ 2,500 To: SR.8160.1.100.200 Personal Services Overtime $ 2,000 SR.8160.2.500.300 Traffic Control Devices $ 400 SR.8160.2.500.800 Road Paving $14,100 SR.8160.4.100.110 Preprinted Forms $ 1,200 SR.8160.4.100.200 Diesel Fuel $14,000 SR.8160.4.100.573 Maint/Supply Trommel Screen $ 1,200 SR.8160.4.100.596 Maint/Supply Horizontal Grinder $ 5,000 SR.8160.4.400.100 Engineering $30,000 SR.8160.4.400.840 Hazardous Waste Removal $10,000 SR.8160.4.600.200 Travel Reimbursement $ 250 Vote Record - Resolution 2005-752 ? 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 ???????? 2005-753 CATEGORY: Grants DEPARTMENT: Town Attorney Hazard Mitigation Grant WHEREAS, the Town has made application for a Federal Multi-Jurisdictional Hazard Mitigation Planning Grant; and WHEREAS, on October 18, 2005, the Town of Southold was notified that it had been awarded such a grant in an amount of $113,087.00 (75%) with a local match of $37,696.00 (25%); and WHEREAS, the Town’s local match may be satisfied through pre-existing salary and indirect costs; and Page 23 December 6, 2005 Town of Southold Board Meeting WHEREAS, this grant and the resulting plan will fully conform with the requirements of the United States Disaster Act of 2000 (DMA 2000) and 44 CFR Part 201; and WHEREAS, the Town is required to have such an approved plan to qualify for future Federal mitigation fund awards; and WHEREAS, the grant (FY2005PDMC) is for a 2-year period in which the County of Suffolk will receive $1,117,904.25, of which the above referenced amount ($113,087) will be disbursed to the Town. IT IS HEREBY RESOLVED that the Town Board of the Town of Southold accepts the grant award and expresses its intent to enter into an agreement with the County to effect such hazard mitigation planning, subject to the review and approval of the Town Attorney. Vote Record - Resolution 2005-753 ? 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 ???????? 2005-754 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Authorize and Direct Supervisor Horton to Execute an Agreement with AdZone Research, Inc. RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Horton to execute an agreement with AdZone Research, Inc . to provide the Online Predator Profiling System (OPPS) for one year at no cost to the Town, for use in the Town Police Department, subject to the approval of the Town Attorney. Page 24 December 6, 2005 Town of Southold Board Meeting Vote Record - Resolution 2005-754 ? 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 ???????? 2005-755 CATEGORY: Authorize to Bid DEPARTMENT: Town Clerk Authorize and Direct the Town Clerk to Advertise for Bids for the Sale of Used Law Books RESOLVED that the Town Board of the Town of Southold hereby declares the following to be surplus books: 6 McKinney’s NY Rules of Court State & Federal 1996 175 McKinney’s Consolidated Laws of NY Annotated 80’s 90’s, some older 1 McKinney’s Volunteer Ambulance Workers Benefit Law 1995 Pamphlet 1 McKinney’s Interim Update 1 McKinney’s Domestic Relations Law Pamphlet 6 Sheppard’s NY Miscellaneous Citations 1994 8 Sheppard’s NY Court of Appeals Citations 1993 12 Sheppard’s NY Supreme Court Citations 1995 1 Sheppard’s NY Supreme Court Citations 1996 2 Sheppard’s NY Supreme Court Citations 1997 5 Sheppard’s NY Statute Citations 1995 1 Local Laws of the Cities, Counties & Villages in the State of NY enacted during the year 1943 RESOLVED authorizes and directs the Town Clerk to be it further that the Town Board advertise for bids for the sale of used Law books. Page 25 December 6, 2005 Town of Southold Board Meeting Vote Record - Resolution 2005-755 ? 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 ???????? 2005-756 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Land Preservation Engages the Professional Services of the Nature Conservancy to Perform Conservation Planning, Acquisition, and Professional Services Related to the Town's Land Preservation Efforts Within the Pipes Cove Area, and Authorizes and Directs the Supervisor to Sign the Agreement Between the Nature Conservancy RESOLVEDengages the professional that the Town Board of the Town of Southold hereby services of The Nature Conservancy to perform Conservation Planning, Acquisition, and Professional Services related to the Town's land preservation efforts within the Pipes Cove areaand authorizes and directs the Supervisor to sign the agreement between The Nature , Conservancy and the Town of Southold, subject to review of the contract language by the Town Attorney. Compensation shall be for direct travel expenses and for employee time at an hourly rate and shall not exceed fifteen thousand ($15,000.00) dollars, and the contract term shall be from January 1, 2006 to December 31, 2006. Vote Record - Resolution 2005-756 ? 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 ???????? 2005-757 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Land Preservation Page 26 December 6, 2005 Town of Southold Board Meeting Engage the Professional Services of the Peconic Land Trust to Perform Conservation Planning, Acquisition, and Professional Services Related to the Town's Land Preservation Efforts, and Authorizes and Directs the Supervisor to Sign the Agreement Between the Peconic Land Trust RESOLVEDengages the professional that the Town Board of the Town of Southold hereby services of the Peconic Land Trust to perform Conservation Planning, Acquisition, and Professional Services related to the Town's land preservation efforts, and authorizes and directs the Supervisor to sign the agreement between the Peconic Land Trust and the Town of Southold, subject to review of the contract language by the Town Attorney. Compensation shall not exceed fifty thousand ($50,000.00) dollars and the contract term shall be from January 1, 2006 to December 31, 2006. Vote Record - Resolution 2005-757 ? 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 ???????? 2005-758 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Land Preservation Engage the Professional Services of the Peconic Land Trust to Perform Stewardship Services Related to the Town’s Land Preservation Efforts, and Authorizes and Directs the Supervisor to Sign the Agreement Between the Peconic Land Trust RESOLVEDengages the professional that the Town Board of the Town of Southold hereby services of the Peconic Land Trust to perform Stewardship Services related to the Town's land preservation efforts, and authorizes and directs the Supervisor to sign the agreement between the Peconic Land Trust and the Town of Southold, subject to review of the contract language by the Town Attorney. Compensation shall not exceed forty-three thousand ($43,000.00) dollars and the contract term shall be from January 1, 2006 to December 31, 2006. Page 27 December 6, 2005 Town of Southold Board Meeting Vote Record - Resolution 2005-758 ? 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 ???????? 2005-759 CATEGORY: Retirement/Resignation DEPARTMENT: Accounting Resignation Mark Utz RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Mark Utz from the position of Custodial Worker I in the Building and Grounds Department , effective December 16, 2005. Vote Record - Resolution 2005-759 ? 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 ???????? 2005-760 CATEGORY: Litigation DEPARTMENT: Town Attorney Retains Frank A. Isler, Esq. As Special Counsel In the Matter of Jennifer Gould V. Southold Town Zoning Board of Appeals, W. Bruce Bollman and Maryann Bollman RESOLVEDretains Frank A. Isler, Esq. that the Town Board of the Town of Southold hereby as special counsel in the matter of Jennifer Gould v. Southold Town Zoning Board of Appeals, W. Bruce Bollman and Maryann Bollman . Page 28 December 6, 2005 Town of Southold Board Meeting Vote Record - Resolution 2005-760 ? 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 ???????? 2005-761 CATEGORY: Coastal Erosion DEPARTMENT: Town Attorney Hereby Deny the Lewis L. Edson Appeal Application for Failure Timely to File Pursuant to the Requirements of Chapter 37. WHEREAS , the Town Board for the Town of Southold has received an application on behalf of Lewis L. Edson for an appeal of the decision dated September 21, 2005 of the Board of Trustees denying without prejudice his application to install a sanitary system within the Coastal Erosion Hazard Area; and WHEREAS , pursuant to Section 37-35 of the Town Code of the Town of Southold, appeals must be filed with the Town Clerk within thirty (30) days of the date of the adverse decision; and WHEREAS , the Applicant’s appeal was filed on November 17, 2005, more than thirty (30) days from the date of the decision of the Board of Trustees; and WHEREAS , the Applicant has asked the Town Board to waive the above-mentioned thirty-day time limitation; RESOLVED IT IS HEREBY that the Applicant has made no showing of practical difficulty or unnecessary hardship to justify the grant of a waiver of the time limitation; and RESOLVEDhereby IT IS FURTHER that the Town Board of the Town of Southold does DENY the Applicant’s appeal for failure timely to file pursuant to the requirements of Chapter 37. Page 29 December 6, 2005 Town of Southold Board Meeting Vote Record - Resolution 2005-761 ? 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 ???????? 2005-762 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk Set Tuesday, January 31, 2006, 5:00 Pm At the Southold Town Hall, 53095 Main Road, Southold, As the Time and Place for a Public Hearing on a Proposed Local Law Entitled “A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of SCTM 1000-122-2-23.1 From R-80 to Affordable Housing District (AHD)” WHEREAS the Town Board of the Town of Southold has been presented with a preliminary concept plan from Community Development Corporation of Long Island to develop 24 homes, half of which will contain accessory apartments, on a 7.4 acre site in Mattituck near Factory Avenue in Mattituck identified as SCTM# 1000-122-2-23.1; and WHEREAS it is proposed that these homes will sold and rented as affordable homes pursuant to the Town’s guidelines; and WHEREAS the site is located within walking distance of Mattituck’s major shopping center, the hamlet center and the senior center, and is designed to provide much-needed affordable housing to the residents of Southold Town; and WHEREAS development of the site is consistent with the recently adopted Hamlet Study; and it is therefore Page 30 December 6, 2005 Town of Southold Board Meeting RESOLVED that the Town Board of the Town of Southold is considering the change of zone of this parcel of property from R-80 to Affordable Housing District (AHD) on its own motion, and it is further RESOLVED that the Town Board requests the Planning Board to prepare a report and recommendations on the rezoning; and be it further RESOLVED that the Town Board authorizes the Supervisor to retain the services of Cleary Consulting to perform a SEQRA review on the proposed zone change; and be it further RESOLVED that the Town Clerk forward the matter to the Suffolk County Planning Commission for review and recommendation; and be it further RESOLVED that pursuant to the requirements of NYS Town Law and the Code of the Town of will hold a Southold, Suffolk County, New York, the Town Board of the Town of Southold public hearing on a proposed Local Law entitled “A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of SCTM 1000-122-2-23.1 from R-80 to Affordable Housing District (AHD)” at the Southold Town Hall, 53095 Main Road, Southold, New York at 5:00 p.m., Tuesday, January 31, 2006. The petitioner for this request is the Town Board of the Town of Southold. The property is approximately 7.4 acres and is located off of Factory and Sound Avenues in Mattituck, New York. Page 31 December 6, 2005 Town of Southold Board Meeting Vote Record - Resolution 2005-762 ? 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 ???????? 2005-763 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set December 15, 2005, 6:00 P.M. At the Southold Town Hall, As the Time and Place for a Public Information Meeting Regarding a New Town Hall RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise a Public Information meeting December 15, 2005, 6:00 p.m. at the Southold Town Hall in regard to a new Town Hall. JUSTICE EVANS: Can we have some discussion on this? SUPERVISOR HORTON: Certainly. JUSTICE EVANS: This wasn’t on this morning, so this is the first time I am seeing that. SUPERVISOR HORTON: Actually, the suggestion to advertise and I personally don’t think it necessarily needs to be advertised, it has gotten press coverage, I am sure it will get press coverage again, right Tim, about it? I think it is fine to advertise that. What I did is I scheduled a public information meeting and that is all it is designed to be is a public information meeting. In fact, I want to correct one thing I thought was incorrectly reported that Josh is pushing for a decision. I am not pushing for a decision; I expect that decision will lay with the incoming Town Board. However, to the extent that I can provide assistance to the incoming Town Board and you, Mr. Supervisor-Elect, please you know, feel free to call upon me with that because we have done an enormous amount of research and due diligence on it. So while the Town Board under this administration is not pushing to put funding in place for that project, it is seeking to, I am seeking as Supervisor who has done a lot of research with other Board members and partners in the community, seeking to provide the public with the information on and actually it will be an historic presentation that will date back to plans all the way back to Mr. Les Albertson’s, Supervisor Albertson’s tenure; where we have gone in the travels of a new Town Hall or a Town Hall suitable to meet the needs of the community and those who work here, where we are to date and how we got here. And the work that we have done to bring it to this point. Opportunities Page 32 December 6, 2005 Town of Southold Board Meeting that we have had and opportunities that we have lost and the direction that two administrations have taken to address the matter. So it is simply a public information meeting. If the Board would choose not to advertise it, I think that is fine. But I don’t think, I think advertising it would also be beneficial; I think people will bring awareness to the situation. COUNCILMAN WICKHAM: I thought that it was 7:00 PM? JUSTICE EVANS: 7:00 PM is the hearing on the… SUPERVISOR HORTON: I believe we set the information meeting for, it probably should be for 7:00 though. COUNCILMAN WICKHAM: I thought that was what… SUPERVISOR HORTON: You know, it may have been. I don’t recall off the top of my head what my memo said. But we will make sure that the advertisement reflects whatever my memo said, that was reported in the paper. Would the Board care to withdraw this resolution? JUSTICE EVANS: It is not so much the advertising, I am just unsure of whether it is something that we should be doing so end at your term and maybe it is something we should wait until the new Board comes in in January? SUPERVISOR HORTON: Well, I had a… JUSTICE EVANS: What direction you are going to go with it? SUPERVISOR HORTON: Sure. I had a brief conversation with Mr. Russell a few weeks ago when we met in the diner and I mentioned you know, where we had been and so forth. And I think, as you were quoted in the paper that you thought the public information meeting was a good idea, so I can’t see the harm in, there has been a lot of different things that have been said about where the Town is and what we have done and what we haven’t done and I think regardless of if it is this administration or the next administration, to really fully air to the public all the work that has gone into this so far and the fact that we are acquiring a piece of property and that this Town Board did commit to an initiative, I think, have to be on the record and in front of the public eye as well. So, I would, I definitely think a public information meeting would only be helpful. And I am going to hold it. So if the Board wants to go, you are more than welcome. COUNCILMAN EDWARDS: I have a practical question. It is Tuesday night and the ad, obviously would need to be in the day after tomorrow in order to serve the purpose it is intended for. Is that an achievable…. TOWN ATTORNEY FINNEGAN: But I think it is Thursday? Isn’t it next Thursday? So the ad would be in that day. Page 33 December 6, 2005 Town of Southold Board Meeting th COUNCILMAN EDWARDS: Well, it is Thursday the 15 but… SUPERVISOR HORTON: And the paper comes out the day after tomorrow. COUNCILMAN EDWARDS: That is my point. TOWN ATTORNEY FINNEGAN: Well, it would go in the following week. It would go in the day of the meeting. SUPERVISOR HORTON: I am sure we can get an ad in tomorrow if we get it in the morning. That has never been a problem for us. So the ad would be in Thursday’s paper. Vote Record - Resolution 2005-763 ? 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 ???????? 2005-764 CATEGORY: Seqra DEPARTMENT: Town Clerk Determine that the Adoption of the Local Law Entitled “A Local Law In Relation to No Parking on Oaklawn Avenue, Southold” is a Type II Action and Not Subject to Review Under SEQRA Rules and Regulations RESOLVEDfinds that the adoption of the local that the Town Board of the Town of Southold hereby law entitled “A Local Law in relation to No Parking on Oaklawn Avenue, Southold” is classified as a Type II Action pursuant to SEQRA Rules and Regulations , 6 NYCRR Section 617.5, and is not subject to review under SEQRA. Vote Record - Resolution 2005-764 ? 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 ???????? Page 34 I. December 6, 2005 Town of Southold Board Meeting 2005-765 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact the Proposed Local Law Entitled “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”, and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed “Local Law in Relation to No Parking on Oaklawn Avenue, Southold, Local Law entitled New York”, which reads as follows: Local Law 19 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 Page 35 December 6, 2005 Town of Southold Board Meeting 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 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 2005-765 ? 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 ???????? 2005-766 CATEGORY: Support Resolution DEPARTMENT: Town Clerk Support of the Resolution Adopted by the Long Island Regional Planning Board At Their November 22, 2005 Meeting RESOLVEDis in support of the that the Town Board of the Town of Southold hereby resolution, to follow, that was adopted by the Long Island Regional Planning Board at their November 22, 2005 meeting and requests the Town Clerk to forward this resolution to all county, state, and federal representatives that represent this district . This resolution to be Page 36 December 6, 2005 Town of Southold Board Meeting presented by Councilman Wickham at the December 8, 2005 Transportation Summit at Southampton, New York. WHEREAS, The Long Island Regional Planning Board is currently in the process of developing the third Comprehensive Regional Plan of Nassau and Suffolk Counties, and WHEREAS, Chapter 10 of the Plan concerns transportation, including highways, bus service, truck and rail freight movements, Long Island Rail Road operations, aviation and ferries, and WHEREAS, the issue of cross-sound ferry service to New England has been the subject of the first two comprehensive plans, and WHEREAS, the timeliness of reexamining earlier recommendations is particularly relevant at the present, both in terms of safety in movement, convenience, and now the major issue of security and the need for adequate evacuation route, and WHEREAS, development patterns in Suffolk County indicate the validity of the earlier recommendations, be it therefore RESOLVED, that the Long Island Regional Planning Board, after due consideration wishes to go on record as being in favor of the creation of ferry service from the Keyspan property at Shoreham directly to New Haven, thus providing the most direct linkage to routes 95, 91 and the Massachusetts Turnpike, and be it further RESOLVED, that the resolution be submitted to the Suffolk County Legislature, New York State Department of Transportation, and especially to NYMTC. Page 37 December 6, 2005 Town of Southold Board Meeting Vote Record - Resolution 2005-766 ? 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 ???????? Executive Session Subject Details CSEA Contract Salaries Public Hearings Public Hearing #1 SD6, 2005, 5:00 P, STHATPP ET ECEMBER MOUTHOLD OWN ALL S THE IME AND LACE FOR A UBLIC HAWHLLC TSF EARING ON THE PPLICATION OF THE HITAKER OUSE FOR RANSFER OF ANITARY LOW C REDITS NOTICE IS HEREBY GIVEN COUNCILMAN WICKHAM: that the Town Board of the hold a public hearing on the application of The Whitaker House LLC Town of Southold will for transfer of Sanitary Flow Credits at the Southold Town Hall, 53095 Main Road, th Southold, New York on the 6 day of December, 2005 at 5:00 p.m., at which time all interested persons will be given an opportunity to be heard. The applicant has requested the transfer of Sanitary Flow Credits in order to allow two (2) accessory apartments at 8275 Main Road, Southold, N.Y. 11971. I have a number of attachments in the file here. It has been duly noted as a legal in the local newspaper and it has been posted on the Town Clerk’s bulletin board outside. In addition, I have a calculation here done by the Town Attorney in cooperation with the Suffolk County Department of Health Services regarding the calculation of sanitary flow credits, it is a lot of numbers and calculations but the bottom line of it is it requires three quarters of a credit in order to accomplish what they would like to do. I also have a notice here from the Planning Board of the Town of Southold, this is dated August 16, 2005 from Jerilyn Woodhouse, the chair of our Planning Board. ‘Pursuant to Section 87-7 of Southold Town code, in response to the Town Board’s request for comments regarding this application the Planning Board offers the following: 1. The Planning Board issued conditional final approval on April 11, 2005 for an alteration of an existing two story building to an office of 1,373 square feet on the first floor and two accessory apartments on the second floor. This property is zoned HB and is located on the southeast corner of Route 25 and Horton’s Lane. During the site plan review, the project was classified as a Type II action and was therefore not subject to SEQRA. The proposed project is not expected to have a significant environmentally damaging consequence. Subject property is located within Southold’s designated hamlet center. The proposal for a mix of office and residential uses is consistent with the recommendations made in the hamlet study, including provisions to provide affordable housing. In addition, it is within the designated hamlet centers and halo zones that provide density development where it is most appropriate. 3. The property is located within a Page 38 December 6, 2005 Town of Southold Board Meeting district that contains adequate resources and public facilities to support increased development. th 4. Planning Board referred the site plan to the Southold Fire Department on February 9. In a th letter dated March 9 the fire district indicated that fire protection for the site is adequate. 5. Transfer of sanitary flow credits is needed in order to obtain Health Department approval for the project. There are no other agencies for which approvals or permits are required at this time. In conclusion, based on this assessment, the Planning Board supports the transfer of sanitary flow credits on to the property for the purpose of constructing two affordable rental units on the second floor of the existing structure.’ And I have a letter from Michael Verity, our Chief th Building Inspector. ‘The proposed uses, dated July 11, the proposed uses of office and accessory apartments are permitted uses in this HB district and are hereby so certified.’ And I have a full environmental assessment form that has been submitted by the applicant. And I believe that is all the documentation I have on this. SUPERVISOR HORTON: Thank you, Councilman Wickham. The floor is open for the public to address the Board on this public hearing. Mr. Meineke. And then I will get you, Greg. HOWARD MEINEKE: Howard Meineke, North Fork Environmental Council. I just wanted to make note that at this particular meeting, we talked about the Catholic Charities thing, that is 24 units up from 7, that is plus 17. We said half of them get accessory apartments, that is another 12 and if in fact the two apartments over the Whitaker House are in addition to zoning and I am not stating that, I am sort of asking that because HB I am not sure on that… SUPERVISOR HORTON: HB permits three, up to three so long as 40 percent, so long as the residential use doesn’t take up more than 40 percent of the structure. I believe that was your recommendation, if I am not mistaken, when we crafted that code. It was a good one. MR. MEINEKE: So, my point here is just to reiterate the point that at this one meeting we have either, I guess that is not 31, it is 29 additional families, residential units that are coming out of this in excess of zone density and it is all for a good purpose, I am not anti the reason we are doing it, I am anti the lack of forethought that we are not covering ourselves town wide so that we make a subtraction somewhere to make up for this. And I am sorry, I should have been speaking to Whitaker. SUPERVISOR HORTON: No, that is quite alright. MR. MEINEKE: But, anyway, that is my point. Thank you. SUPERVISOR HORTON: Would you like us to ensure that you just made are transferred to the, or actually, we are not having the hearing. Thank you, Mr. Meineke. Mr. Yakaboski? GREG YAKABOSKI: Greg Yakaboski, Southold. One quick, just point, is that the TDR seems like it actually increased the density of the town, not just transfer those development right around. SUPERVISOR HORTON: The only thing that can increase the density of the town is the zoning Page 39 December 6, 2005 Town of Southold Board Meeting of the town. MR. YAKABOSKI: That is an incorrect statement, Josh. SUPERVISOR HORTON: Okay. MR. YAKABOSKI: Because if you are zoning, no matter what the Town puts on, there is two types of zoning… SUPERVISOR HORTON: Well, I know that the Health, the Town has traditionally relied on the Health Department to provide density reduction; however, this, what the TDR program in this case as it pertains to the HB zone does is, the only thing it does is it doesn’t increase density, it empowers the zoning. It makes the zoning possible. MR. YAKABOSKI: Your earlier comment, go back to my comment; that the TDR program could actually increase the density in the Town not just transfer it. Because what you are not telling the folks listening on TV or the rest of the community and when most folks living their daily lives wouldn’t even know, is that no matter what this Board or any other Board puts in place with the zoning, there is two types of zoning in town. There is the town zoning and there is the Health Department zoning. So no matter what this Town Board says, if it doesn’t take into consideration what is permitted under Health Department code, you could have quarter acre zoning if you are only letting one house per acre, the Health Department that is, you are not getting it. So what you are doing, and with the sanitary flow credits, when you buy one it can be split in more than one, that is an actual increase of our zoning, permitted zoning. But anyway, my comments are this: my questions, how many bedrooms would be in each apartment? SUPERVISOR HORTON: The bedrooms, I believe are one bedroom apartments. MR. YAKABOSKI: One bedroom? This would be affordable, permanently affordable? SUPERVISOR HORTON: Yes. MR. YAKABOSKI: And what is the monthly rent? SUPERVISOR HORTON: For a one bedroom it is… MR. YAKABOSKI: The Town Board had a resolution on that, right? TOWN ATTORNEY FINNEGAN: We have a resolution on it. SUPERVISOR HORTON: Yeah, we have criteria set. Adopted by resolution. I don’t have it in front of me but I believe it is not to exceed $750 a month. MR. YAKABOSKI: For the one bedroom? Page 40 December 6, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: I believe so, yes. MR. YAKABOSKI: I guessed $800. TOWN ATTORNEY FINNEGAN: Yeah, it is around there. SUPERVISOR HORTON: We closely followed the Suffolk County HUD guidelines. MR. YAKABOSKI: Are there recapture provisions or monetary provisions if it ever goes non- affordable? SUPERVISOR HORTON: Yes. MR. YAKABOSKI: Okay. SUPERVISOR HORTON: And if it does go non-affordable, then the credit is revoked, therefore their ability to have that apartment is also revoked. MR. YAKABOSKI: My main reason for being here tonight, last comment before I make a couple more here; what is the price of the sanitary flow credit? There was something in the paper, I didn’t bring it. SUPERVISOR HORTON: For an apartment it is $7,500 and this is the purchase of a fraction of a flow credit. I believe three-quarters of a flow credit. MR. YAKABOSKI: So about $5,600? COUNCILMAN WICKHAM: Yes. MR. YAKABOSKI: So if I understand it right, for $5,600 that would allow one apartment to come into use, with a rent of $750 a month… SUPERVISOR HORTON: Two apartments. MR. YAKABOSKI: They need two, that is what I am trying, does the three-quarters of a credit go to one apartment or two apartments? SUPERVISOR HORTON: It will allow the two apartments and the office spaces to exist in that structure. MR. YAKABOSKI: Okay, so it is $5,600; both apartments can go? SUPERVISOR HORTON: Yes. MR. YAKABOSKI: Got it. Page 41 December 6, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: Per Health Department regulations. MR. YAKABOSKI: Correct. The reason I am here and this is nothing whatsoever to do with the Beninati’s personally, I have only heard tremendous things about them and I actually have never really personally met them but… SUPERVISOR HORTON: This is your opportunity, they are right behind you. MR. YAKABOSKI: I know, she smiled, she seems very lovely and so does he. The problem I have with it is the price. That is my question. I went to see about an appraisal in the, it was not available in the Town Clerk’s office. How the price was arrived at and it seemed to be a giveaway. Not that you are trying to give the Beninati’s something, that something underhanded is going on. I am not in any way, shape insinuating that. SUPERVISOR HORTON: You are just saying it is too inexpensive? MR. YAKABOSKI: I am saying it is too cheap. SUPERVISOR HORTON: Too cheap. Okay. MR. YAKABOSKI: Just a technical point, so I don’t forget it, I don’t believe, Pat can check this out, usually I don’t bring up legal, technical points but on the public hearing, I think you had to have the value, you are alienating development right, I think you had to have the value in the notice. I know the Board didn’t decide on the value until after the notice was already put in the paper but I think it is technically incorrect. Anyway, you can’t, $5,600. I did a quick calculation off a rent of $800 a month, so that is a little bit high. But for two apartments, that is a, that is $5,600 I added $44,000 for construction costs, uh, $43,000, I made it $50,000 all total. Just for construction costs, just for the heck of it. That is a return of 20% a year if they use all their own money. That return increases if they borrow money. But if they used all their own money, that is a 20% return on the dollar. If the town got another $50,000 for that same, right, so we took their costs and add $50,000 to it, that is still at the Town’s set rent, that is a return of 10% per year. My point being, is these dollars go back into a fund to buy more development rights. Again, a prime goal of the town. I am not saying these folks shouldn’t have a good rate of return, I am not saying that at all. I am just saying, I haven’t seen your appraisal so I can’t comment on the philosophy or the theory that was used to arrive to allow somebody to have two apartments in the Town of Southold for $5,600 out of pocket. I will make it, I made it $50,000 out of pocket just throwing construction costs in there. It seems like an absolute waste of taxpayer dollars. I don’t think, if my numbers are correct you are depriving these folks of any type of valid return, okay, I can’t, again, we are going back to the thing of fact, of information. To make good decisions, you need information. To have good comments at a public hearing, you need information. I don’t have that appraisal in front of me. I stopped by the Town Clerk’s office, she was very polite today. It was not in her file. I could not review that. Could somebody just explain, I know you had a meeting at the, right before Thanksgiving, (inaudible) $5,600, excuse me, $7,500 for an apartment. What did you come up with a house? Page 42 December 6, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: $12,500. MR. YAKABOSKI: $12,500. What is the cheapest lot in town? Anybody have a guess? Real estate broker in the back, you probably could help us out. What is the cheapest lot in town, John? SUPERVISOR HORTON: You are addressing the Board, not anybody in the audience. MR. YAKABOSKI: I am just seeking information, that I am sure the Board doesn’t have. SUPERVISOR HORTON: You are going to address the Board. MR. YAKABOSKI: Given your history, Josh, I am sure you do not have enough information… SUPERVISOR HORTON: Greg, if you want to berate me and you want to make negative comments at me saying that I am no good and I don’t have information, you are going to sit down. If you want to continue asking questions… MR. YAKABOSKI: It is improper for somebody to question whether or not you have good facts? SUPERVISOR HORTON: You are allowed to question. You are asking what is the cheapest lot in town? I would venture to say you couldn’t find a lot for under $200,000. MR. YAKABOSKI: Fair enough. I will take that number. Start there. SUPERVISOR HORTON: And I think that is low. MR. YAKABOSKI: It probably is but that is good enough. The point being, guys, the $50,000 more unless I am off, it seems you still get your apartments, you have a fixed rent, there is no way those apartments aren’t going to rent. Does anybody have any doubt that those apartments won’t rent for $750 a month? SUPERVISOR HORTON: No. I am sure that they are going to rent because there is a real need for them. MR. YAKABOSKI: I would agree. COUNCILMAN WICKHAM: I would like to respond. SUPERVISOR HORTON: Are there other comments on the public hearing that you would like to make? MR. YAKABOSKI: I would like to hear Tom’s response. Page 43 December 6, 2005 Town of Southold Board Meeting COUNCILMAN WICKHAM: First of all, we discussed this at some length about setting the fees for the sanitary flow credits. We spent quite a bit of time talking about it, it is too bad you weren’t here for that. MR. YAKABOSKI: Yeah, I was told it was tonight. I was told two meetings before that that it was tonight. COUNCILMAN WICKHAM: Well, I don’t know who told you. MR. YAKABOSKI: The Board, when I came in two meetings ago. SUPERVISOR HORTON: Greg, please… MR. YAKABOSKI: Josh, quiet, Josh. I am talking to Tom. SUPERVISOR HORTON: No, you are, excuse me… MR. YAKABOSKI: Josh, you just interrupted me. SUPERVISOR HORTON: Mr. Yakaboski, you are addressing the Board. You are addressing the Board. Right now you are addressing Councilman Wickham. Not Tom. You are addressing Councilman Wickham and I expect you to address him as such. MR. YAKABOSKI: Then call me Mr. Yakaboski, thank you. SUPERVISOR HORTON: I have been. MR. YAKABOSKI: You called me Greg before. COUNCILMAN WICKHAM: We got an appraisal… MR. YAKABOSKI: It goes both ways, Josh. COUNCILMAN WICKHAM: …the position we took is a compromise between the highest and the lowest, it is a midway range. It is one that the Board compromised and discussed at some length. Your point is that this looks like a pretty good business arrangement for the people… MR. YAKABOSKI: And I have no… COUNCILMAN WICKHAM: And I am not saying you do, okay? But look at it now, the Board has to assign a number to this. We are not at liberty, at least I don’t feel that we are, to apply different numbers to different applicants. We have to put down one number. Now take another project. Suppose another project comes along, not just one or two apartments but a series of Page 44 December 6, 2005 Town of Southold Board Meeting units in a development that is going to be an affordable housing project. By putting those fees up, we could make those units really more costly than would fit the affordable guidelines. Conscious of that, there was downward pressure on where we should put that price. That may result in what looks like a rather attractive business proposition for just one or two people, but we felt that it was a rational and appropriate position for the Board and we came to a consensus on it. MR. YAKABOSKI: I have not been following this. What is the cost right now, Tom, to buy a development right off a piece of farmland? I don’t know. SUPERVISOR HORTON: It depends on where that piece of farmland is. There are a lot of factors that go into it. COUNCILMAN WICKHAM: Well, look at it this way. We are adding $7,500 to every apartment that will be built in an affordable project. MR. YAKABOSKI: I am sorry. I didn’t quite follow that. COUNCILMAN WICKHAM: If a sanitary flow credit is $7,500, we will be adding essentially $7,500 for each apartment. Not in this particular case but for new construction elsewhere. That is a significant number when the whole idea is…. MR. YAKABOSKI: Oh, you are adding the cost. Okay, I see what you are saying, increase in cost to get the job done. COUNCILMAN WICKHAM: Yes. Yes. MR. YAKABOSKI: Okay. COUNCILMAN WICKHAM: And the occupant somehow is going to have to pay that. So… MR. YAKABOSKI: Correct. But they pay it through financing and rent to cover, it is income expense. SUPERVISOR HORTON: If I understand this point, so that I can make sure we have this clearly for the record, Mr. Yakaboski, is that you feel the price is too low. Is that….and do you have a recommendation for a price that you would like too… MR. YAKABOSKI: Correct. What I was asking first of all, for anybody just to let me know what is the lowest you are paying right now for farmland development rights? I don’t know. SUPERVISOR HORTON: You are not seeing much come in under $33,000. MR. YAKABOSKI: Okay. Pick $35,000 for a round number. And this was three-quarters of one credit? So, you bought it for $35,000. Half of it is $17,000? Page 45 December 6, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: Also keep in mind that our sanitary flow credits don’t come off of farmland. MR. YAKABOSKI: What are you paying for open space? SUPERVISOR HORTON: I know, I was going to say, it fuels your argument but… MR. YAKABOSKI: It is the same price. I mean, it is the same price. It is actually more for open space, isn’t it? SUPERVISOR HORTON: If you like, Mr. Yakaboski, I am sure that the attorney’s can make that, the Town Attorney’s office can make the appraisal available to you, if you would like to review that. MR. YAKABOSKI: Number one, I think it is a point well-taken, Josh, that open space is actually more expensive than the development right. What are you paying for open space? $50,000? SUPERVISOR HORTON: Easily. MR. YAKABOSKI: Okay, so half of it is $25,000. We are at three-quarters for $7,500. I would like to see the appraisal…. SUPERVISOR HORTON: You can fill out a Freedom of Information… MR. YAKABOSKI: Are you going to vote tonight? Does it even matter if I look at the appraisal? If you are going to vote tonight, it doesn’t matter, does it? SUPERVISOR HORTON: Actually, we are going to hold this hearing open. MR. YAKABOSKI: Terrific. Second thing, just to bring the point to the Board’s attention, I am sure Pat has already done this, Town Attorney Finnegan has already done this, when you have, when you buy something for that big a number…. SUPERVISOR HORTON: You don’t have to yell, we can hear you. MR. YAKABOSKI: Oh, I am sorry. When you buy something for that big a number and sell it for that little a number, again, I am in no way insinuating that something underhanded is going on at all by this Board or anybody, but it comes into a illegal gift under the New York, US, oh excuse me, New York State constitution… SUPERVISOR HORTON: No, municipal law requires that we get an appraisal on it and sell it for appraised value, which is what we are doing. Page 46 December 6, 2005 Town of Southold Board Meeting MR. YAKABOSKI: Josh, that is great, you buy it for $50,000… SUPERVISOR HORTON: That answers that. MR. YAKABOSKI: ….common sense, you buy it for $50,000 okay, and you sell it… SUPERVISOR HORTON: We have the appraisal… MR. YAKABOSKI: …for $1,500. SUPERVISOR HORTON: Mr. Yakaboski, the appraisal is on the sanitary flow credit. Are there other comments you would like make on this matter. You have made your point very clear several times now. MR. YAKABOSKI: I am just concerned I don’t get through to you, Josh. SUPERVISOR HORTON: Oh, you have gotten through to me. MR. YAKABOSKI: I just repeat them for your benefit. May I ask when the hearing will be held open until? SUPERVISOR HORTON: We will hold it open for another seven days. TOWN ATTORNEY FINNEGAN: Until the next meeting? SUPERVISOR HORTON: Yeah, we will hold it open for seven days. JUSTICE EVANS: Oh, are you doing it at a special meeting or you are doing it at the regular meeting? SUPERVISOR HORTON: What was that? Well, we are talking about holding the hearing over, I am talking about voting on this. COUNCILMAN WICKHAM: Two weeks? SUPERVISOR HORTON: Two weeks. MR. YAKABOSKI: And that would bring it what date? I am a little gun shy because… th SUPERVISOR HORTON: The 20. th MR. YAKABOSKI: The 20. Tom, again, I was not at that meeting before Thanksgiving. You didn’t give me any indication of what was happening, of how the appraisal addressed a purchase of roughly $50,000 of open space, with the sale price of like $1,500 and $1,000 on the open market. I just wasn’t there. Can you help me out at all? I am not trying to trick you. Page 47 December 6, 2005 Town of Southold Board Meeting COUNCILMAN WICKHAM: I think you should see the appraisal. MR. YAKABOSKI: What was that, Dan? I didn’t hear you. SUPERVISOR HORTON: He wasn’t… COUNCILMAN ROSS: You should see the appraisal. SUPERVISOR HORTON: …he was actually speaking to me. COUNCILMAN ROSS: FOI the appraisal. Freedom of information, make the application, the clerk will give you the appraisal. MR. YAKABOSKI: Yeah, I will. I mean, I went today, I just happened to come down, I remembered it was today and I came down to see if it was there and it wasn’t, again, I am in no way implying anybody is doing anything shady… SUPERVISOR HORTON: You have made that clear. MR. YAKABOSKI: So, it just seems, I also think that affordable housing is a worthy goal, I think that the TDR program has its place. It is just that these numbers, they seem to be a little off. Thank you very much for your time. SUPERVISOR HORTON: Yes, Mrs. Beninati. MRS. BENINATI: I hope you don’t leave. Okay. Marie Beninati. I just want to clarify the numbers because I think that is really where we are going down a totally wrong path. And I did a quick calculation and I am a CPA, so sometimes I make mistakes but I don’t make gross mistakes. Basically if you calculate, if you figure the cost of the Whitaker House, which we paid $350,000 for and then you add the cost of the renovation which was probably close to $700,000, the cost of these apartments and the return on this investment is probably going to take us about 10 years to recoup our investment on what we have done at the Whitaker House. Now, we, you know, originally when we did this, the request to have the apartments was two fold. One was to have a regular income and we were counting on that when we figured our numbers in terms of what we could afford and what we couldn’t afford to do and you know, secondly was to provide housing because we are in real estate and we know that apartments are few and far between and since there were originally three apartments in that building, we thought just let’s keep two of them the way they were and they are almost exactly the way they were except we have made them prettier and more spacious and will take the office space to the other apartment. And our thought was, because we understood that hamlet business allowed this to be done is that would be no issue. So, the surprise to us and you know, shame on us because we didn’t really understand the Department of Health and the regulations and the fact that we needed to get these sanitary credits and we appreciate the Board and we appreciate what you all are doing to help us make this happen; it is an economic issue for us but certainly we are not cashing in, we are not Page 48 December 6, 2005 Town of Southold Board Meeting making this kind of return that Mr. Yakaboski, Greg, we are not making that kind of return that he is suggesting. I only wish we were but that is not the case. So I just wanted to clarify the numbers and again, it is something we thought was the right thing to do, we like to do it and you know, we hope that this goes through. Thank you. SUPERVISOR HORTON: Mr. Russell, please. SCOTT RUSSELL: I don’t want to comment at these things but I feel like I have to. I just want to tell Greg that if there are concerns about sanitary flow credits, whether they should be density neutral or whether the price is appropriate, we are happy to take that up in the new year. In the very specific example of the Beninati’s, they are actually forced now to buy something that they actually had all along which was the apartments. I had been in the building long before they bought it, so I know it was at least three apartments, probably four towards the end. SUPERVISOR HORTON: Five, actually. MR. RUSSELL: Five, yeah. So this actually represents a net reduction in residential density for the Town and as an assessor I can tell you a benefit to the tax base and as a local history buff, certainly a benefit for the historic preservation of these old buildings. Without something like this, something like this renovation might not have taken place. But if you look at it from a density point of view, which has been a focus of a discussion earlier, this is actually a net reduction in residential uses on the property and now they are forced to pay for something that they had prior to their renovation. SUPERVISOR HORTON: Thank you, Mr. Russell. Are there other comments on this public hearing? Oh, Mr. Yakaboski? MR. YAKABOSKI: Greg Yakaboski, Southold. When, I think that Mrs. Beninati spoke very well about her particular position… SUPERVISOR HORTON: I am sure she appreciates your comment on that. MR. YAKABOSKI: I hope she does. However, as Tom pointed out earlier, you can’t just look at one project, you have to look at overall. There are other projects in town, other areas in town, which, it might be very economical to, and not at the extent of renovation that was needed, basically the house was torn down and rebuilt, that was needed, wouldn’t have to be done over there and when you buy something for 50 and sell it for 15, I would just suggest, respectfully suggest to the Board that a lot more factual information should be forthcoming on the basis of the decision than just saying ‘oh, we looked at it and that is okay’ and we have an appraisal and that is okay. I just think it doesn’t seem to make sense. Thank you. SUPERVISOR HORTON: Are there other comments on this hearing? (No response) This thth hearing will remain open. Actually until the 19, I believe? It remains open, okay, until the 20. * * * * * Page 49 December 6, 2005 Town of Southold Board Meeting This meeting was adjourned but new date not set yet. Vote Record - Public Hearing #1 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Initiator ???? Daniel C. Ross Seconder ???????? ?Adjourned Thomas H. Wickham Voter ???????? ??Closed John M. Romanelli Voter ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter ???????? Public Hearing #2 SD6, 2005, A5:05 P, STH, ATP ET ECEMBER T MOUTHOLD OWN ALLS THE IME AND LACE FOR A PHLLE, “A LLIRNP UBLIC EARING ON A OCAL AW NTITLEDOCAL AW N ELATION TO O ARKING ON OA, S, NY” AKLAWN VENUEOUTHOLDEW ORK NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of nd Southold, Suffolk County, New York on the 22 day of November, 2005, a Local Law entitled “A Local Law in Relation to No Parking on Oaklawn Avenue, Southold, New York”, now therefor be it NOTICE IS HEREBY FURTHER GIVEN will that the Town Board of the Town of Southold hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main th Road, Southold New York on 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. II. 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 And including northerly June between direction from the The hours of inter-section of Page 50 December 6, 2005 Town of Southold Board Meeting 8 a.m. and Jernick Lane 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 III. Severability. If a section or subsection, paragraph, clause, phrase or provision of this law shall be judge invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. IV. This Local Law shall take effect immediately upon filing with the Secretary of State. I have a notice that it has been posted on the Town Clerk’s bulletin board, it has also been a legal in the newspaper and those are all the significant publications that we have. SUPERVISOR HORTON: Thank you, Councilman Wickham. Would anybody care to address the Board on this public hearing? Mrs. Egan? JOAN EGAN: Good evening, Joan Egan, East Marion. Your hours will be guided by the state? They will say, you know, between 8 and 4 for parking? SUPERVISOR HORTON: By the Town. MS. EGAN: By the Town. And you have to apply to the State for approval, isn’t that correct? SUPERVISOR HORTON: No. MS. EGAN: Oh, I thought that said it did. SUPERVISOR HORTON: That is just for speed limits. MS. EGAN: Oh, I see. Thank you. SUPERVISOR HORTON: Thank you. Any other comments on this hearing? (No response) We will close this hearing. COUNCILMAN WICKHAM: Sorry, there was just one point that I overlooked and that is that the Southold Town Transportation Commission has reviewed this proposal. “Further to your Page 51 December 6, 2005 Town of Southold Board Meeting th request, the Commission has discussed fully the law at it’s October 24 meeting and has concurred with this proposed legislation.” SUPERVISOR HORTON: Thank you. We will make sure that is part of the record. * * * * * 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 agenda. Are there other items to be addressed at this meeting? Ms. Wachsberger? FREDDIE WACHSBERGER: Freddie Wachsberger, President of Southold Citizens for Safe Roads. I wondered whether the Board knew of the resolution that was passed by the Long Island nd Regional Planning Board on November 22? I guess not, so let me read it to you. ‘Unanimously adopted on motion by Dr. Cipriani, seconded by Ms. Hargrave at the regular meeting, the Long Island Regional Planning Board held Tuesday, November 22, 2005. Whereas the Long Island Regional Planning Board is currently in the process of developing the third comprehensive regional plan for Nassau and Suffolk counties and whereas Chapter 10 of the plan concerns transportation, including highways, bus service, truck and rail freight movement, Long Island railroad operations, aviation and ferries; and whereas the issue of Cross Sound ferry service to New England has been the subject of the first two comprehensive plans and whereas the timeliness of reexamining earlier recommendations is particularly relevant at the present both in terms of safety and movement, convenience and now the major issue of security and the need for adequate evacuation routes and whereas development patterns in Suffolk County indicate the validity of the earlier recommendations, be it therefore resolved that the Long Island Regional Planning Board after due consideration wishes to go on record as being in favor of the creation of ferry service from the Keyspan property at Shoreham directly to New Haven, thus providing the most direct linkage to Routes 95, 91 and the Massachusetts Turnpike and be it further resolved that the resolution be submitted to the Suffolk County Legislature, New York State Department of Transportation and especially to the New York Metropolitan Council.” And since you haven’t been aware of it, I wanted to bring it to your attention and to ask, to urge the Town Board to resolve to support this initiative, this resolution by the Long Island Regional Planning Board and to notify the Board and the Suffolk County Legislature, the New York State Department of Transportation and the NYMTC that you are resolved to support this resolution, if such legal wording is possible. SUPERVISOR HORTON: May I have it? MS. WACHSBERGER: This is the only copy I have. Page 52 December 6, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: I will give it back. MS. WACHSBERGER: Okay. SUPERVISOR HORTON: I will make them a copy right after this meeting. And I will make a motion that the Town Board of the Town of Southold votes in support of the resolution passed by the Long Island Regional Planning Board at its November 22, 2005 meeting to support this request and that the Town Clerk of the Town of Southold will forward this resolution to all county, state officials that represent this district or region and federal as well. COUNCILMAN WICKHAM: May I add to that? That we will present this at the December 8 meeting with NIMTEC? SUPERVISOR HORTON: Right. Is there a second? COUNCILMAN ROSS: Second. SUPERVISOR HORTON: Seconded by Councilman Ross. Any discussion? All in favor? Aye. Unanimous. Motion carried. We will make a copy of that and get it right back to you. MS. WACHSBERGER: Thanks very much, I appreciate it. I wondered also, I understand that the legal procedure, I don’t know what to call it, undertaken by the Town with Frank Isler with nd Cross Sound ferry; that the hearing has been postponed again until December 22, I believe it is. Is there, have you any information on where that is going? TOWN ATTORNEY FINNEGAN: I can check, when I saw you here, I will check on the dates and give you a call and let you know. I don’t have my file here. MS. WACHSBERGER: Great. Thank you. SUPERVISOR HORTON: The information that we have is that it was postponed. MS. WACHSBERGER: Has that been at the request of Cross Sound ferry? These continuous postponements? TOWN ATTORNEY FINNEGAN: I believe that they had made one brief request for an extension, which is a courtesy type of thing, which we agreed to grant. MS. WACHSBERGER: Mmmhmm. TOWN ATTORNEY FINNEGAN: I believe it was a two week extension. MS. WACHSBERGER: Okay. Thank you. Can I call you? Page 53 December 6, 2005 Town of Southold Board Meeting TOWN ATTORNEY FINNEGAN: Sure. Why don’t you give me a call tomorrow and I will let you know. MS. WACHSBERGER: Thanks. Thanks very much. SUPERVISOR HORTON: Thank you. Other comments from the floor? Mrs. Egan. JOAN EGAN: Joan Egan from East Marion. I am sure you all read my letter in the Traveler a couple of weeks ago, illustrating things that were not done; how few people are coming to Town Hall meetings. I hope you all took it in mind. It is a very important thing, it is a very sad thing. That nobody comes to Town Hall meetings. It really is. And it is reflective on the bad job you have done. Okay, now, hopefully with the economy going down nationally, when you all jaunt into the city after the first of the year, you won’t quite spend so much money. The Town is in trouble. Okay. Also, since we have a problem with affordable housing and young people moving out, we are basically probably I don’t have the statistics but I would imagine about 70 percent of the township of Southold are senior citizens. In that regard, maybe somebody up there would take the time to look into Medicare and Medicaid as far as the prescription drug plan is concerned. There is so much ambiguity in regard to it, nobody knows quite what to do. So maybe somebody up there, maybe you, Mr. Edwards or you Mr. Ross, would look into that. Or maybe the Human Resource Center, somebody (inaudible) next meeting… SUPERVISOR HORTON: Actually the Human Resource Center has sponsored a number of… MS. EGAN: …will have an answer. Pardon? SUPERVISOR HORTON: Human Resource Center has sponsored forums for senior citizens where specific information in regard to the current…. MS. EGAN: I am sure they did but that doesn’t mean that everybody went to it. SUPERVISOR HORTON: …Medicare-Medicaid…That is true. That is true. MS. EGAN: But people do watch the Town Hall meetings, that is for sure. So maybe you could have something definitive and I hope you all think very carefully when you are negotiating for the coming contract for the dispatchers and the bay constables, you messed it up the last time, see that you don’t do it again. I pray very hard for those things, you know I do. And god does answer 90 percent of my prayers. Bye bye. SUPERVISOR HORTON: Thank you. That concludes the meeting. I just want to make a couple of comments in regard to the sanitary flow credits as it pertains to the Whitaker House. First off, we still owe the Beninati’s, we have thanked them in the past but we should continue to thank them for taking it upon themselves to purchase and restore that Whitaker House. If the good people of this Town will recall, it was purchased and left to rot and the Town could not get out of its own way in regard to how to deal with that. The Beninati’s purchased the building and have done a magnificent job restoring it to its historic glory. That home housed five apartments for Page 54 December 6, 2005 Town of Southold Board Meeting young people. My brother actually lived there in his final days in an apartment house. I believe there were five apartments there that provided a place for people who were young and living and working in Southold Town to actually live and work in the Town of Southold. The thought that sanitary flow credits should or shouldn’t be density neutral, in my mind, if we want to talk about that, we as a community and a Town Board and we have, this Town Board has and we have chosen the direction that may change; the fact remains that our zoning is what guides development in this Town. And that is not a good thing, it is not a bad thing; that just is a fact. This Town has relied on the Health Department to reduce density in this town and quite frankly, it is robbery. If we don’t want the property zoned for development then we should zone it so it can’t be developed, not rely upon a back door mechanism through the Health Department to impede the use of ones property. The hamlet business zoning allows for three apartments in a structure. The fact that we are actually having two apartments in the structure through the use of a sanitary flow credit, I don’t think can be viewed as density overages or density neutral, the fact is we are simply allowing somebody the use of their property that we have legally, statutorily addressed. We have said, you can have three apartments, oh, there is a little catch, there is a thing called the Health Department. Well, you know what? In fact, the fact remains as it pertains to our current zoning, as far as I am concerned, this one legislators opinion, is that we actually have sanitary flow credits in the bank regardless of our sanitary flow bank because if you look at the amount of benign open space that we have preserved over the years, the Health Department standards have not changed to reflect that. We have preserved so much open space and still the Health Department has rendered many of our downtown properties useless, per our town zoning. In fact, we shouldn’t even have to transfer sanitary flow credits to that property, it housed five apartments; we have preserved so much open space in this community that in the HB district the Health Department should simply grant approval for those two apartments. To that end, we have found some movement on the Health Department working toward a hamlet based sanitary flow initiative and I am confident that that’s going to move along quite well and I also want to clarify some remarks made earlier this evening. The fact is off of one piece of property you may get one sanitary flow credit, you may get two. Off of one acre of property. It is a moving target and it is addressed on a property by property or case by case basis and that is virtually the only way to do that. Also for the record, I think I should make it clear that the Town Board did want to charge a higher price and I applied a tremendous amount of pressure and make quite an argument because I thought we shouldn’t charge at all. The fact remains that if we do charge tremendous amounts of money for sanitary flow credit, that will serve as a dis- incentive to achieve the apartments we are looking to facilitate in this community or to achieve the affordable homes we are seeking to facilitate in this community. So if we are going to charge large amounts of money for those sanitary flow credits we will in turn undermine our own efforts to provide or facilitate any type of affordable housing because real estate values are going to continue to sky-rocket. Our preservation efforts, this is not a dig at the preservation program, our preservation efforts are fueling that. The more we preserve, the more we take off the table, the stronger the demand, the more the price will go up. Also the more desirable community this will be, the more open space we preserve. That program will continue. And the sanitary flow credit program is in its infancy, and I am sure that the Town Board in the future is going to continue to perfect it and make it a better, more functional program. It is the lifeblood of any affordable housing initiative we pursue in the Town of Southold and I just wanted to make those comments clear as it pertains to the Whitaker House and the program in general. With that being Page 55 December 6, 2005 Town of Southold Board Meeting said, I make a motion to adjourn. Thank you all for joining us. We appreciate you being here. * * * * * Elizabeth A. Neville Southold Town Clerk 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 Seconder ???????? ??Withdrawn John M. Romanelli Voter ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Initiator ???????? RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 6:00 P.M. * * * * * Elizabeth A. Neville Southold Town Clerk Page 56