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HomeMy WebLinkAboutTB-01/31/2006 ELIZABETH NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES January 31, 2006 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, January 31, 2006 at the Meeting Hall, Southold, NY. Supervisor Russell 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 Albert Krupski Jr. Town of Southold Councilman Present 4:30 PM Louisa P. Evans Town of Southold Justice Present 4:30 PM Scott Russell 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 I. Reports Subject Details 1. Recreation Department December 2005 2. Recreation Department Annual for 2005 3. Board of Trustees December 2005 4. Board of Trustees Annual for 2005 5. Southold Animal Shelter December 2005 6. Southold Animal Shelter Annual Statistics for 2005 7. Island Group Admin Claim Lag Report 1/1/05 - 12/31/05 II. Public Notices Subject Details 1. Liquor License Renewal with NYS Liquor Knights of Columbus, Marian Council, No Authority 3852 2. Liquor License Renewal with NYS Liquor Miceli Vineyards LLC, Premium Wine Group, Authority 35 Cox Neck Rd., Mattituck Page 1 January 31, 2006 Town of Southold Board Meeting III. Communications Subject Details 1. Association of Towns Town Clerk Elizabeth A. Neville to serve on the 2005-2006 Resolutions Committee IV. For Discussion Subject Details 1. Proposed Committee Roster Councilman William Edwards 2. Executive Session Captain Contract, Police Department 3. Building Permit Requirement for Accessory 10:30 AM Edward Forrester Structures and Fences 4. Protection of Unmarked Colonial and 10:00 AM Inter-Tribal Historic Preservation Native American Graves Task Force 5. Removed 6. Code Committee Minutes Councilman Wickham 7. Change of Zone Dr. Joseph Lizewski 8. Latimer Reef Light Station Eligible for listing on Historic Register of Historic Places 9. Grants Administrator Supervisor Russell 10. Parking Lot Lease Cutchogue Fire District 11. Removed 12. Road Runoff 11:00 AM - Jamie Richter 13. Animal Traps Request for legislation banning lethal animal traps Minutes Approval » Accept the Minutes of 12/6/2005 4:30 PM Vote Record - Minutes Acceptance of December 6, 2005 4:30 PM ? Yes/Aye No/Nay Abstain Absent William P. Edwards Voter ???? Daniel C. Ross Voter ???????? ?Accepted ??Accepted as Amended Thomas H. Wickham Voter ???????? ??Tabled Albert Krupski Jr. Seconder ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter ???????? » Accept the Minutes of 12/14/2005 7:00 PM Vote Record - Minutes Acceptance of December 14, 2005 7:00 PM ? Yes/Aye No/Nay Abstain Absent William P. Edwards Voter ???? Daniel C. Ross Voter ???????? ?Accepted ??Accepted as Amended Thomas H. Wickham Voter ???????? ??Tabled Albert Krupski Jr. Seconder ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter ???????? Statements SUPERVISOR RUSSELL: Welcome to the January 31, 2006 meeting of the Southold Town Board. Please rise and join with me in the Pledge of Allegiance to the Flag. Okay. This is the Page 2 January 31, 2006 Town of Southold Board Meeting part of the Town Board meeting where you get to comment on any of the resolutions as they appear on your agenda. Later on, we will have the situation where you can appear before the Town Board and discuss any issue you would like. Anybody have any comments regarding the agenda items? JOAN EGAN: You mean now or…. SUPERVISOR RUSSELL: If you want to address the agenda items specifically, you can go now. MS. EGAN: Oh, yeah. Joan Egan, East Marion. I guess we have a few more people here, thank god. That is a credit to you. So the, I won’t go over all of them, the ones that I am concerned about are the Human Resource Center. I notice a change of personnel and that always bothers me. I see the salary things, probably increase in salaries were all done before you took office. Highway Department, to the best of my knowledge the street signs on 48, I don’t believe have been put into all of the side streets. They are in the middle. And that is, I believe, can cause accidents, people are looking to the right to go right and they have to look in the middle and I think Mr. Harris has done as well as he could and I realize with the wind and the storms that it may take a little more time but they certainly should be, those signs should be done properly and I would certainly hope that the people who are getting nice increases in certain departments will learn better manners. I am not going to mention names now, that is not fair, they are not here to defend themselves. That is very, very important and I notice also probably can’t be changed but you probably heard me say it, I dislike that word aging for the Human Resource Center because we are all aging from the time we are conceived. So maturing is a better word. I would also like to see our vehicles purchased from somebody other than Lucas Motors, their reputation for Ford is terrible and that is it for now. SUPERVISOR RUSSELL: My wife would agree with you that I am aging but I would doubt that she would agree with you that I am maturing, so. MS. EGAN: We are all maturing, hopefully, correctly. SUPERVISOR RUSSELL: Any other comments? (No response) Okay, we are ready to go forward with the resolutions. V. Resolutions 2006-143 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit of January 31, 2006 Page 3 January 31, 2006 Town of Southold Board Meeting RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby January 31, 2006. Vote Record - Resolution 2006-143 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Voter ???? ?Adopted Daniel C. Ross Voter ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Seconder ???????? ??Tabled Albert Krupski Jr. Voter ???????? ??Withdrawn Louisa P. Evans Initiator ???????? Scott Russell Voter ???????? 2006-144 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Meeting Date is Tuesday, February 14, 2006 At 7:30 PM RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, February 14, 20067:30 P. M.. , at the Southold Town Hall, Southold, New York at Vote Record - Resolution 2006-144 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Voter ???? ?Adopted Daniel C. Ross Voter ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Seconder ???????? ??Tabled Albert Krupski Jr. Voter ???????? ??Withdrawn Louisa P. Evans Initiator ???????? Scott Russell Initiator ???????? 2006-145 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk Authorization for New York State Association of Towns Meeting RESOLVED grants permission to that the Town Board of the Town of Southold hereby George Solomon, Planning Board, Gary J. Fish , Building Inspector, and Sabrina Born, Tax Clerk to attend the 2006 New York State Association of Towns Meeting in New York City, NY on February 19-22, 2006. Page 4 January 31, 2006 Town of Southold Board Meeting Vote Record - Resolution 2006-145 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Voter ???? ?Adopted Daniel C. Ross Voter ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Voter ???????? ??Tabled Albert Krupski Jr. Initiator ???????? ??Withdrawn Louisa P. Evans Seconder ???????? Scott Russell Initiator ???????? 2006-146 CATEGORY: Employment DEPARTMENT: Accounting Modify Appointed Official/Employee Salaries RESOLVEDmodifies resolution 2006- that the Town Board of the Town of Southold hereby 57 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby sets the following per annum salaries for the following appointed officials or employees effective January 1, 2006 through December 31, 2006: Deputy Supervisor John Sepenoski 5,000.00 Town Attorney Patricia Finnegan 90,000.00 Assistant Town Attorney Kieran Corcoran 75,000.00 Assistant Town Attorney E. Brownell Johnston 1,109.00 Secretary, Office of the Town Attorney Lynne Krauza 49,000.00 Public Works Department Head James McMahon 11,427.00 Public Works Deputy Department Head Jeffrey Standish 6,396.00 Registrar of Vital Statistics Elizabeth A. Neville 7,104.00 Records Management Officer Elizabeth A. Neville 5,000.00 † Deputy Superintendent of Highways Charles T. King 65,540.00 ‡ Town Comptroller John A. Cushman II 86,887.00 Deputy Town Comptroller Connie D. Solomon 64,000.00 Town Historian Antonia S. Booth 15,179.00 Senior Stenographer, Office of the Supervisor, Ruthanne Woodhull 53,963.00 £ Confidential Secretary, Office of the Supervisor, Lydia Tortora 47,000.00 Senior Account Clerk Typist Janice Foglia 49,700.00 Administrative Assistant Barbara Rudder 50,374.00 ¥ Principal Account Clerk Lynda Bohn 51,501.00 Senior Administrative Assistant Linda Cooper 54,064.00 76,367.00 Network & Systems Administrator Lloyd Reisenberg Secretarial Assistant Patricia Garsik 51,489.00 Senior Citizen Program Director Karen McLaughlin 77,674.00 £ † Executive Assistant James McMahon 69,134.00 Chief Building Inspector Michael Verity 67,706.00 Page 5 January 31, 2006 Town of Southold Board Meeting ‡ Solid Waste Coordinator James Bunchuck 70,755.00 Deputy Town Clerk Linda J. Cooper 3,946.00 Deputy Town Clerk Lynda M. Bohn 2,647.00 Deputy Town Clerk Bonnie J. Doroski 2,647.00 Deputy Receiver of Taxes Dorothy Chituk 1,209.00 Assistant Deputy Emergency Preparedness Coordinator Michael Verity 2,500.00 Assistant Deputy Emergency Preparedness Coordinator Lloyd Reisenberg 2,500.00 Assistant Deputy Emergency Preparedness Coordinator and Liaison to the Suffolk County Emergency Operations Center Edward Forrester 2,500.00 Fire Coordinator Robert Scott 2,500.00 †‡ plus 8% longevity plus 6% longevity ¥ plus 7% longevity £ plus 5% longevity Vote Record - Resolution 2006-146 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Initiator ???? ?Adopted Daniel C. Ross Seconder ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Voter ???????? ??Tabled Albert Krupski Jr. Voter ???????? ??Withdrawn Louisa P. Evans Voter ???????? Scott Russell Voter ???????? 2006-147 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Modify the General Fund Part Town 2005 Budget RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Part Town 2005 budget as follows: To: B.9055.8.000.100 Other Benefits, Employee Benefits CSEA Benefit Fund $5,005.84 From: B.1990.4.100.100 Contingent, C.E. Unallocated Contingencies $5,005.84 Vote Record - Resolution 2006-147 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Voter ???? ?Adopted Daniel C. Ross Initiator ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Voter ???????? ??Tabled Albert Krupski Jr. Voter ???????? ??Withdrawn Louisa P. Evans Seconder ???????? Scott Russell Voter ???????? Page 6 January 31, 2006 Town of Southold Board Meeting 2006-148 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Modify the General Fund Whole Town 2005 Budget - Trustees RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Whole Town 2005 budget as follows: To: A.8090.1.100.200 Full-Time Overtime Earnings $ 3,146.80 A.8090.1.200.100 Part-Time Regular Earnings 22,999.72 From: A.8090.1.100.100 Full-Time Regular Earnings $21,911.92 A.8090.4.100.100 Office Supplies & Stationary 390.54 A.8090.4.200.100 Cellular Phone Service 81.87 A.8090.4.400.600 Equip Maintenance/Repairs 150.00 A.8090.4.600.100 Misc., Legal Notices 76.34 A.8090.4.600.300 Misc., Travel to Fishers Island 944.75 A.8090.4.600.400 Misc., Training 400.00 A.8090.4.600.500 Misc., Advertising 382.00 A.8090.4.600.600 Misc., Dues & Subscriptions 11.11 A.9901.9.000.300 Transfers to Risk Retention 1,797.99 Vote Record - Resolution 2006-148 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Voter ???? ?Adopted Daniel C. Ross Voter ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Seconder ???????? ??Tabled Albert Krupski Jr. Voter ???????? ??Withdrawn Louisa P. Evans Initiator ???????? Scott Russell Initiator ???????? 2006-149 CATEGORY: Authorize to Bid DEPARTMENT: Town Clerk Reject Any and All Bulk Sand Bids and Authorize to Re-Bid Page 7 January 31, 2006 Town of Southold Board Meeting RESOLVEDrejects any and all bids that the Town Board of the Town of Southold hereby received for the supplying of Bulk Sand for Ice Control and Highway Maintenance for the Highway Department for the 2006 calendar year and be it further RESOLVEDauthorized and directed to re-bid for the that the Town Clerk is hereby supplying of Bulk Sand for Ice Control and Highway Maintenance for the Highway Department for the 2006 calendar year. Vote Record - Resolution 2006-149 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Voter ???? ?Adopted Daniel C. Ross Voter ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Initiator ???????? ??Tabled Albert Krupski Jr. Voter ???????? ??Withdrawn Louisa P. Evans Seconder ???????? Scott Russell Initiator ???????? 2006-150 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Modify the General Fund Whole Town 2005 Budget - Recreation RESOLVEDmodifies the General Fund that the Town Board of the town of Southold hereby Whole Town 2005 budget as follows: TO: A7020.1.100.100 Personal Services/Full Time Employees $524.96 A7020.4.100.200 Gasoline & Oil 97.09 FROM: A7180.1.300.100 Beaches Personal services $622.05 Vote Record - Resolution 2006-150 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Seconder ???? ?Adopted Daniel C. Ross Voter ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Voter ???????? ??Tabled Albert Krupski Jr. Initiator ???????? ??Withdrawn Louisa P. Evans Voter ???????? Scott Russell Initiator ???????? Page 8 January 31, 2006 Town of Southold Board Meeting 2006-151 CATEGORY: Employment DEPARTMENT: Accounting Appoint Erick Haas to the Position of a Custodial Worker I for the Department of Public Works RESOLVEDappoints Erick Haas to the that the Town Board of the Town of Southold hereby position of a Custodial Worker I for the Department of Public Works, effective February 16, 2006 at a rate of $32,279.05 per annum. Vote Record - Resolution 2006-151 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Initiator ???? ?Adopted Daniel C. Ross Seconder ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Voter ???????? ??Tabled Albert Krupski Jr. Voter ???????? ??Withdrawn Louisa P. Evans Voter ???????? Scott Russell Initiator ???????? 2006-152 CATEGORY: Employment DEPARTMENT: Town Clerk Appoint Martha Jones As Secretary to the Southold Town Tree Committee RESOLVEDappoints Martha Jones as that the Town Board of the Town of Southold hereby Secretary to the Southold Town Tree Committee effective immediately through December 31, 2006, not to exceed five (5) hours per week in addition to her regular work week, regardless of the number of committees she serves. Vote Record - Resolution 2006-152 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Voter ???? ?Adopted Daniel C. Ross Initiator ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Seconder ???????? ??Tabled Albert Krupski Jr. Voter ???????? ??Withdrawn Louisa P. Evans Voter ???????? Scott Russell Initiator ???????? 2006-153 Page 9 January 31, 2006 Town of Southold Board Meeting CATEGORY: Budget Modification DEPARTMENT: Town Attorney Modify the 2005 General Fund Whole Town Budget - Town Attorney RESOLVEDmodifies the 2005 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.1420.1.100.100 Town Attorney, P.S., Full-Time Employees Regular Earnings $ 45.88 A.1420.2.200.500 Town Attorney, Office Equipment Paper Shredder $ 70.00 A.1420.2.200.700 Town Attorney, Office Equipment Dictation Equipment $ 37.53 A.1420.4.200.100 Town Attorney, Utilities Cellular Telephone $ 116.63 A.1420.4.400.600 Town Attorney, Contracted Services Equipment Maintenance & Repairs $ 300.00 A.1420.4.600.300 Town Attorney, Miscellaneous Travel Reimbursement $ 92.65 A.9901.9.000.300 Transfers to Other Funds Transfer to Risk Retention Fund $10,535.09 To: A.1420.1.200.100 Town Attorney, Part-Time Employees Regular Earnings $ 971.08 A.1420.4.500.100 Town Attorney, Fee for Service Non Employ Legal Counsel $ 9,673.65 A.1420.4.600.600 Town Attorney, Miscellaneous Dues & Subscriptions $ 553.05 Vote Record - Resolution 2006-153 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Voter ???? ?Adopted Daniel C. Ross Voter ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Seconder ???????? ??Tabled Albert Krupski Jr. Voter ???????? ??Withdrawn Louisa P. Evans Initiator ???????? Scott Russell Voter ???????? 2006-154 CATEGORY: Retirement/Resignation DEPARTMENT: Human Resource Center Page 10 January 31, 2006 Town of Southold Board Meeting Accept the Resignation of Elizabeth M. Hagen From the Position of Part Time Senior Citizen Aide II In the Human Resources Department RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Elizabeth M. Hagen from the position of Part Time Senior Citizen Aide II in the Human rd Resources Department , effective February 3, 2006. Vote Record - Resolution 2006-154 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Seconder ???? ?Adopted Daniel C. Ross Voter ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Initiator ???????? ??Tabled Albert Krupski Jr. Voter ???????? ??Withdrawn Louisa P. Evans Voter ???????? Scott Russell Voter ???????? 2006-155 CATEGORY: Budget Modification DEPARTMENT: Human Resource Center Modify the 2006 General Fund Whole Town Budget - Human Resoucre Center RESOLVEDmodifies the 2006 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: TO: Revenues: A.2705.40 Programs for the Aging Gifts and Donations Other Donations $300.00 TO: Appropriations: A.6772.4.100.110 Programs for the Aging Program Supplies & Materials $300.00 Vote Record - Resolution 2006-155 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Seconder ???? ?Adopted Daniel C. Ross Voter ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Voter ???????? ??Tabled Albert Krupski Jr. Initiator ???????? ??Withdrawn Louisa P. Evans Voter ???????? Scott Russell Voter ???????? Page 11 January 31, 2006 Town of Southold Board Meeting 2006-156 CATEGORY: Budget Modification DEPARTMENT: Data Processing Modify the 2005 Data Processing Budget RESOLVEDmodifies the 2005 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.1680.4.400.350 AS/400 Maint. $1715.66 To: A.1680.1.100.100 Regular Earnings $1368.12 A.1680.4.100.555 Cable and Connectors 270.50 A.1680.4.400.551 Payroll Maint. 29.84 A.1680.4.400.552 Financial Sys. Maint. 47.20 Vote Record - Resolution 2006-156 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Initiator ???? ?Adopted Daniel C. Ross Seconder ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Voter ???????? ??Tabled Albert Krupski Jr. Voter ???????? ??Withdrawn Louisa P. Evans Voter ???????? Scott Russell Voter ???????? 2006-157 CATEGORY: Budget Modification DEPARTMENT: Human Resource Center Modify the 2005 General Whole Town Budget - Human Resource Center RESOLVEDmodifies the 2005 General that the Town Board of the Town of Southold hereby Whole Town budget as follows: From: A.6772.1.200.100 Programs for the Aging $10,307.08 Personal Services Part Time Employees Page 12 January 31, 2006 Town of Southold Board Meeting Regular Earnings To : A.6772.4.100.110 Programs for the Aging Contractual Expenses Program Supplies and Materials $ 668.49 A.6772.4.100.150 Contractual Expenses Disposables 2,131.45 A.6772.4.100.200 Contractual Expenses Gasoline and Oil 4,905.45 A.6772.4.200.100 Utilities Cellular Phone Service 1,804.53 A.6772.4.400.300 Contracted Services Printing 102.40 A.6772.4.600.200 Miscellaneous Senior Trips and Excursions 100.00 A.6772.1.100.200 Personal Services Full Time Employees Overtime Earnings 594.76 Vote Record - Resolution 2006-157 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Seconder ???? ?Adopted Daniel C. Ross Initiator ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Voter ???????? ??Tabled Albert Krupski Jr. Voter ???????? ??Withdrawn Louisa P. Evans Voter ???????? Scott Russell Voter ???????? 2006-158 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Modify the 2005 General Fund, Whole Town Budget - Tax Assessor RESOLVEDmodifies the that the Town Board of the Town of Southold hereby 2005 General Fund, Whole Town budget as follows: To: A.1355.1.100.100 Board of Assessors $1019.78 Assessors, P.S. Regular Earnings From: A.1355.1.300.150 Board of Assessors $1019.78 Temporary/Seasonal Board of Assessment Review Page 13 January 31, 2006 Town of Southold Board Meeting Vote Record - Resolution 2006-158 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Voter ???? ?Adopted Daniel C. Ross Voter ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Seconder ???????? ??Tabled Albert Krupski Jr. Voter ???????? ??Withdrawn Louisa P. Evans Initiator ???????? Scott Russell Voter ???????? 2006-159 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Modify the 2005 General Fund Whole Town - Highway Department RESOLVEDmodifies the 2005 General that the Town Board of the Town of Southold hereby Fund Whole Town, as follows: To: A.5010.1.100.200 Superintendent of Highways, P.S. $5,565.58 Overtime Earnings From: A.5010.1.100.100 Superintendent of Highways, P.S. 1,166.06 Regular Earnings A.5010.1.100.300 Superintendent of Highways, P.S. 4,399.52 Vacation Earnings Vote Record - Resolution 2006-159 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Voter ???? ?Adopted Daniel C. Ross Voter ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Initiator ???????? ??Tabled Albert Krupski Jr. Voter ???????? ??Withdrawn Louisa P. Evans Seconder ???????? Scott Russell Voter ???????? 2006-160 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Modify the 2005 Highway Fund Part Town Budget Page 14 January 31, 2006 Town of Southold Board Meeting 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. $5,207.95 Overtime Earnings DB.5110.1.200.100 General Repairs, P.S. 44.06 Regular Earnings DB.5110.4.100.100 General Repairs, C.E. 223.84 Miscellaneous Supplies DB.5110.4.100.200 General Repairs, C.E. 30,308.20 Fuel / lubricants DB.5110.4.100.905 General Repairs, C.E. 5,624.05 Asphalt Patch DB.5130.1.100.200 Machinery, P.S. 9,796.21 Overtime Earnings DB.5130.1.100.400 Machinery, P.S. 2,116.36 Sick Earnings DB.5140.1.100.100 Brush & Weeds / Miscellaneous, P.S. 7,575.74 Regular Earnings DB.5140.1.100.200 Brush & Weeds / Miscellaneous, P.S. 72.03 Overtime Earnings DB.5140.4.100.125 Brush & Weeds / Miscellaneous, C.E. 2,347.41 Miscellaneous Supplies DB.5140.4.100.600 Brush & Weeds / Miscellaneous, C.E. 794.82 Uniforms DB.5142.1.100.200 Snow Removal, P.S. 15,882.37 Overtime earnings DB. 5142.4.100.550 Snow Removal, C.E. 1,352.00 Snow Posts DB.5142.4.100.935 Snow Removal, C.E. 9,759.12 Rock Salt DB.9055 .8.000.000 Other Benefits, E.B. 4,401.74 Benefit Fund, Benefits From: DB.5110.1.100.100 General Repairs, P.S. $47,487.00 Regular Earnings DB.5110.1.100.400 General Repairs, P.S. 7,647.77 Sick Earnings DB.5110.4.100.550 General Repairs, C.E. 223.84 Equipment Parts / Supplies DB.5110.4.100.900 General Repairs, C.E. 1,352.00 Resurfacing DB.5110.4.100.915 General Repairs, C.E. 644.07 Page 15 January 31, 2006 Town of Southold Board Meeting Cement DB.5110.4.100.930 General Repairs, C.E. 2,098.00 Stone Blend DB.5110.4.100.960 General Repairs, C.E. 2,347.41 Drain Pipe / Rings / Covers DB.5130.2.500.300 Machinery, C.E. 9,425.50 Contractor Equipment DB.5130.2.500.400 Machinery, C.E. 2,487.07 Radio Equipment DB.5142.2.400.200 Snow Removal, C.E. 7,491.50 Snow Equipment DB.5142.4.100.920 Snow Removal, C.E 9,900.00 Sand DB.9040.8.000.000 Workers Compensation, E.B. 4,401.74 Workers Comp, Benefits. Vote Record - Resolution 2006-160 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Voter ???? ?Adopted Daniel C. Ross Voter ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Seconder ???????? ??Tabled Albert Krupski Jr. Initiator ???????? ??Withdrawn Louisa P. Evans Voter ???????? Scott Russell Voter ???????? 2006-161 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Modify the General Fund Whole Town 2005 Budget - Justice Court RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Whole Town 2005 budget as follows: To: A.1110.1.100.100 Justices, P.S. F-T Regular Earnings $1,443.00 A.1110.2.200.100 Office Equipment Copy Machine 194.23 A.1110.4.100.100 Justices, C.E. Office Supplies/Stationary 38.77 A.1110.4.100.200 Justices, C.E. Law Books 664.10 A.1110.4.200.100 Justices, C.E. Telephone-DMV & Crimenet 3,046.50 Page 16 January 31, 2006 Town of Southold Board Meeting A.1110.4.400.500 Justices, C.S. Parking Ticket Servicing 6,684.40 A.1110.4.500.200 Justices, C.S. Court Reporters 1,209.00 A.1110.4.600.200 Justices, Misc. Meetings & Seminars 262.13 From: A.1110.1.100.200 Justices, P.S. F-T Overtime Earnings $3,500.00 A.1110.1.200.100 Justices, P.S. P-T Regular Earnings 1,028.20 A.1110.2.100.300 Justices, Equip Chairs 241.20 A.1110.2.200.500 Office Equipment Fax Machine 300.00 A.1110.4.100.150 Justices, C.E. Preprinted Forms 253.98 A.1110.4.100.550 Justices, C.E. Equipment Parts/Supplies 46.88 A.1110.4.200.400 Justices, C.E. Water 122.88 A.1110.4.400.600 Justices, C.S. Equip Maintenance/Repairs 50.00 A.1110.4.500.300 Justices, C.E. Interpreters 1,000.00 A.1110.4.600.600 Justices, C.E., Misc. Dues & Subscriptions 80.00 A.1110.4.600.700 Justices, C.E., Misc. Jury Meals 347.39 A.9901.9.000.300 Transfers to Other Funds Transfer to Risk Retention 6,571.60 Vote Record - Resolution 2006-161 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Initiator ???? ?Adopted Daniel C. Ross Voter ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Voter ???????? ??Tabled Albert Krupski Jr. Voter ???????? ??Withdrawn Louisa P. Evans Seconder ???????? Scott Russell Voter ???????? 2006-162 CATEGORY: Employment DEPARTMENT: Accounting Page 17 January 31, 2006 Town of Southold Board Meeting Appoint Kimball Miller to the Position of Part-Time Clerk Typist In the Building Department RESOLVEDappoints Kimball Miller to that the Town Board of the Town of Southold hereby the position of Part-time Clerk Typist not to exceed 17 ½ hours per week for the Building Department, effective February 15, 2006, at a rate of $11.41 per hour. Vote Record - Resolution 2006-162 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Voter ???? ?Adopted Daniel C. Ross Initiator ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Voter ???????? ??Tabled Albert Krupski Jr. Voter ???????? ??Withdrawn Louisa P. Evans Seconder ???????? Scott Russell Voter ???????? 2006-163 CATEGORY: Budget DEPARTMENT: Accounting Create 2006 Computer Equipment Capital Budget RESOLVEDauthorizes the that the Town Board of the Town of Southold hereby establishment of the following Capital Project in the 2006 Capital Budget : Capital Project Name: Computer Equipment Financing Method: Transfer from General Fund Whole Town Budget: Revenues: H.5031.35 Interfund Transfers $37,000.00 Appropriations: H.1680.2.600.100 Data Processing Capital Outlay Workstations and Printers $37,000.00 Vote Record - Resolution 2006-163 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Voter ???? ?Adopted Daniel C. Ross Voter ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Seconder ???????? ??Tabled Albert Krupski Jr. Voter ???????? ??Withdrawn Louisa P. Evans Initiator ???????? Scott Russell Voter ???????? Page 18 January 31, 2006 Town of Southold Board Meeting 2006-164 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Modify the General Fund Whole Town 2005 Budget - Records Management RESOLVEDmodifies the 2005 General that the Town Board of the Town of Southold hereby Fund budget as follows: To: Appropriations: A.1460.2.200.500 Records Management Computer Equipment $24,187.00 Revenues: A.3089.00 Records Archive Grant $24,187.00 Vote Record - Resolution 2006-164 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Voter ???? ?Adopted Daniel C. Ross Voter ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Initiator ???????? ??Tabled Albert Krupski Jr. Voter ???????? ??Withdrawn Louisa P. Evans Seconder ???????? Scott Russell Voter ???????? 2006-165 CATEGORY: Employment DEPARTMENT: Town Clerk Authorize and Direct the Town Clerk to Advertise for the Position of Part-Time Clerk Typist - ZBA RESOLVED authorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for the position of part-time clerk typist in the Zoning Board of Appeals. Page 19 January 31, 2006 Town of Southold Board Meeting Vote Record - Resolution 2006-165 ? Yes/Aye No/Nay Abstain Absent William P. Edwards ???? ?Adopted Daniel C. Ross ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham ???????? ??Tabled Albert Krupski Jr. ???????? ??Withdrawn Louisa P. Evans ???????? Scott Russell ???????? 2006-166 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the License Agreement Between the Town of Southold and the Suffolk County Real Property Tax Service Agency RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the License Agreement between the Town of Southold and the Suffolk County Real Property Tax Service Agency for the Suffolk County GIS Basemap computer database, for a term of five years, subject to the approval of the Town Attorney. Vote Record - Resolution 2006-166 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Voter ???? ?Adopted Daniel C. Ross Voter ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Voter ???????? ??Tabled Albert Krupski Jr. Initiator ???????? ??Withdrawn Louisa P. Evans Seconder ???????? Scott Russell Seconder ???????? 2006-167 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept the Bid(S) of Gabrielli Truck Sales LTD, of Medford, New York, for the Purchase 2 Dump Trucks for the Highway Department. RESOLVEDaccepts the bid(s) of Gabrielli that the Town Board of the Town of Southold hereby Truck Sales LTD, of Medford, New York, for the purchase of one (1) 2005 F-750 Ford Dump Truck and one (1) 2006 Sterling Acterra Dump Truck, in the amount(s) of $50,249.75 and $55,998.75, respectively , (for a total of $106,248.50) both for use by the Southold Town Highway Department, all in accordance with the Town Attorney. Page 20 January 31, 2006 Town of Southold Board Meeting Vote Record - Resolution 2006-167 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Initiator ???? ?Adopted Daniel C. Ross Seconder ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Voter ???????? ??Tabled Albert Krupski Jr. Voter ???????? ??Withdrawn Louisa P. Evans Voter ???????? Scott Russell Voter ???????? 2006-168 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bid of Stevens Ford for a 2006 F-550 Dump Truck, with Plow, for the Highway Department RESOLVED accepts the bid of Stevens that the Town Board of the Town of Southold hereby Ford, of North Patchogue, New York, for the purchase of one (1) 2006 F-550 Dump Truck, with plow , in the amount of $37,526.52, for use by the Southold Town Highway Department, all subject to the approval of the Town Attorney. Vote Record - Resolution 2006-168 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Voter ???? ?Adopted Daniel C. Ross Initiator ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Seconder ???????? ??Tabled Albert Krupski Jr. Voter ???????? ??Withdrawn Louisa P. Evans Voter ???????? Scott Russell Voter ???????? 2006-169 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accepts Bid of Aerial Lift Inc. for a 1998 60-Foot Aerial Lift Boom Vehicle for the Highway Department RESOLVED accepts the bid of Aerial that the Town Board of the Town of Southold hereby Lift Inc., of Milford, Ct, for the purchase of one (1) 1998 60-Foot Rear Mount Aerial Lift Boom vehicle in the amount of $62,500.00, for use by the Southold Town Highway Department, all subject to the approval of the Town Attorney. Page 21 January 31, 2006 Town of Southold Board Meeting Vote Record - Resolution 2006-169 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Voter ???? ?Adopted Daniel C. Ross Seconder ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Voter ???????? ??Tabled Albert Krupski Jr. Voter ???????? ??Withdrawn Louisa P. Evans Initiator ???????? Scott Russell Voter ???????? 2006-170 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accepts Bid of Stevens Ford for 2006 F-250 4X4 Pickup Truck for the Highway Department RESOLVED accepts the bid of Stevens that the Town Board of the Town of Southold hereby Ford of North Patchogue, New York, for the purchase of one (1) 2006 F-250 4x4 Pickup Truck with plow in the amount of $25,542.30, for use by the Southold Town Highway Department, subject to the approval of the Town Attorney. Vote Record - Resolution 2006-170 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Voter ???? ?Adopted Daniel C. Ross Seconder ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Initiator ???????? ??Tabled Albert Krupski Jr. Voter ???????? ??Withdrawn Louisa P. Evans Voter ???????? Scott Russell Voter ???????? 2006-171 CATEGORY: Budget DEPARTMENT: Accounting Modify the General Fund Whole Town 2005 Budget RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Whole Town 2005 budget as follows: Appropriations: To: A.1010.4.100.100 Town Board, C.E. Office Supplies /Stationary $ 38.03 A.1010.4.500.800 Town Board, C.E. Page 22 January 31, 2006 Town of Southold Board Meeting Appraisals 6,100.00 A.1010.4.600.200 Town Board, C.E., Misc. Meetings & Seminars 1,132.00 A.1220.1.100.200 Supervisor, P.S. Overtime Earnings 300.80 A.1220.1.100.300 Supervisor, P.S. Vacation Earnings 1,934.59 A.1220.4.100.100 Supervisor, C.E. Office Supplies/Stationary 273.44 A.1220.4.200.100 Supervisor, C.E. Telephone/Cellular Phone 198.09 A.1220.4.600.200 Supervisor, C.E. Meetings & Seminars 103.16 A.1220.4.600.300 Supervisor, C.E. Travel Reimbursement 226.75 A.1220.4.600.600 Supervisor, C.E. Dues & Subscriptions 8.74 A.1910.4.300.700 Insurance, C.E. Deductibles & Co-Insurance 2,500.00 A.3610.1.200.100 Examining Boards, P.S. P-T Regular Earnings 2,702.75 A.3640.4.200.100 Emergency Preparedness, C.E. Telephone-Fishers Island 85.11 A.3640.4.400.100 Emergency Preparedness, C.S. F.I. Deputy Coordinator 500.00 A.8560.4.400.200 Tree Committee, C.S. Trees & Tree Maintenance 279.09 A.8660.1.100.100 Community Development, P.S. F-T Regular Earnings 7,135.23 A.9050.8.000.000 Employee Benefits Unemployment Insurance 4,000.43 From: A.1010.1.100.200 Town Board, C.E. Code Updates & Law Books $7,270.03 A.1220.1.200.100 Supervisor, P.S. P-T Regular Earnings 3,045.57 A.3610.4.500.300 Examining Boards, C.E. Conservation Advisory Cnsl 2,702.75 A.3640.4.600.200 Emergency Preparedness, Misc. Meetings & Seminars 585.11 A.8660.1.100.200 Community Development, P.S. F-T Overtime Earnings 3,000.00 A.8660.4.100.100 Community Development, C.E. Office Supplies & Stationary 40.84 A.8660.4.100.600 Community Development, C.E. Page 23 January 31, 2006 Town of Southold Board Meeting Community Svce Supplies 550.00 A.8660.4.400.800 Community Development, C.S. Film & Film Developing 100.00 A.8660.4.600.500 Community Development, Misc. Meetings & Seminars 69.22 A.8660.4.600.600 Community Development, Misc. Dues & Subscriptions 11.11 A.9030.8.000.000 Employee Benefits Social Security Benefits 4,000.43 A.9901.9.000.300 Transfers to Other Funds Transfer to Risk Retention 5,864.06 To: Revenues: A.2705.30 GF-WT Gifts & Donations Tree Committee Donations 279.09 Vote Record - Resolution 2006-171 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Voter ???? ?Adopted Daniel C. Ross Seconder ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Voter ???????? ??Tabled Albert Krupski Jr. Initiator ???????? ??Withdrawn Louisa P. Evans Voter ???????? Scott Russell Voter ???????? 2006-172 CATEGORY: Employment DEPARTMENT: Solid Waste Management District Diesel Mechanic Promotion RESOLVEDpromotes Solid Waste that the Town Board of the Town of Southold hereby District Mechanic Bruce Defio to the position of Diesel Mechanic at a rate of $ 26.0211/hr effective February 1, 2006. Vote Record - Resolution 2006-172 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Initiator ???? ?Adopted Daniel C. Ross Voter ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Initiator ???????? ??Tabled Albert Krupski Jr. Voter ???????? ??Withdrawn Louisa P. Evans Seconder ???????? Scott Russell Voter ???????? Page 24 January 31, 2006 Town of Southold Board Meeting 2006-173 CATEGORY: Bid Acceptance DEPARTMENT: Solid Waste Management District Accept the Bid of Lucas Ford Truck Sales to Supply the Solid Waste District with a 1997 Ford F- 450 Heavy Equipment Maintenance Vehicle RESOLVED accepts the bid of Lucas that the Town Board of the Town of Southold hereby Ford Truck Sales to supply the Solid Waste District with a 1997 Ford F-450 heavy equipment maintenance vehicle in the amount of $ 19,354.12, all in accordance with the Town Attorney. Vote Record - Resolution 2006-173 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Voter ???? ?Adopted Daniel C. Ross Initiator ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Voter ???????? ??Tabled Albert Krupski Jr. Voter ???????? ??Withdrawn Louisa P. Evans Seconder ???????? Scott Russell Voter ???????? 2006-174 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Modify the 2006 General Fund Whole Town Budget - Tree Committee RESOLVEDmodifies the 2006 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: To: Revenues: A.2705.30 Gifts and Donations $ 7800.00 Appropriations: A.8560.4.400.200 Trees & Tree Maintenance $ 7800.00 Page 25 January 31, 2006 Town of Southold Board Meeting Vote Record - Resolution 2006-174 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Voter ???? ?Adopted Daniel C. Ross Voter ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Seconder ???????? ??Tabled Albert Krupski Jr. Voter ???????? ??Withdrawn Louisa P. Evans Initiator ???????? Scott Russell Voter ???????? 2006-175 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Modify the 2005 General Fund Whole Town - Engineering Department RESOLVEDmodifies the 2005 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.1440.4.100.100 Engineer, C.E. Office Supplies/Stationary $ 100.00 A.1440.4.200.100 Engineer, C.E. Cellular Telephone 166.25 A.1440.4.600.200 Engineer, C.E. Meetings & Seminars 129.00 A.1440.4.600.600 Engineer, C.E. , Misc. Dues & Subscriptions 61.11 A.9901.9.000.300 Transfers to Other Funds Transfer to Risk Retention 6,236.55 To: A.1440.1.100.100 Engineer, P.S. Regular Earnings $ 504.82 A.1440.1.100.200 Engineer, P.S. Overtime Earnings 6,188.09 Vote Record - Resolution 2006-175 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Voter ???? ?Adopted Daniel C. Ross Voter ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Initiator ???????? ??Tabled Albert Krupski Jr. Voter ???????? ??Withdrawn Louisa P. Evans Seconder ???????? Scott Russell Voter ???????? Page 26 January 31, 2006 Town of Southold Board Meeting 2006-176 CATEGORY: Employment DEPARTMENT: Accounting Appoint Lucille Cappabianco to the Position of Part-Time Clerk Typist for the Zoning Board of Appeals RESOLVEDappoints Lucille that the Town Board of the Town of Southold hereby Cappabianco to the position of Part-time Clerk Typist not to exceed 17.5 hours per week for the Zoning Board of Appeals , effective February 14, 2006, at a rate of $11.41 per hour. Vote Record - Resolution 2006-176 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Seconder ???? ?Adopted Daniel C. Ross Voter ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Voter ???????? ??Tabled Albert Krupski Jr. Initiator ???????? ??Withdrawn Louisa P. Evans Voter ???????? Scott Russell Voter ???????? 2006-177 CATEGORY: Bid Acceptance DEPARTMENT: Police Dept Accept the Bid of Charles Greenblatt, Inc., to Supply Police Uniforms for the 2006 Calendar Year RESOLVED accepts the bid of Charles that the Town Board of the Town of Southold hereby Greenblatt, Inc., to supply the town with police uniforms in the amounts submitted on their bid proposal dated received January 26, 2006, all in accordance with the Town Attorney. Vote Record - Resolution 2006-177 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Initiator ???? ?Adopted Daniel C. Ross Voter ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Voter ???????? ??Tabled Albert Krupski Jr. Voter ???????? ??Withdrawn Louisa P. Evans Seconder ???????? Scott Russell Voter ???????? 2006-178 Page 27 January 31, 2006 Town of Southold Board Meeting CATEGORY: Organizational DEPARTMENT: Town Clerk Amend Resolution No. 2006-81, Fishers Island Bay Constable Contracts RESOLVEDAMENDS the Town Board of the Town of Southold hereby Resolution No. 2006- 81 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints Michael Conroy and John Evans as Fishers Island Bay Constables, and authorizes and directs Supervisor Scott A. Fishers Russell to execute agreements between the Town of Southold and Michael Conroy, IslandJohn EvansMystic, Connecticut , and Luis F. Horn , Fishers Island, , to perform services as Fishers Island Bay Constables for the purpose of patrolling the waters in and around the Town of Southold at Fishers Island, at a compensation of $1322.00 per annum for Mr. Evans and $3966.00 per annum for Michael Conroy, effective January 1, 2006 through December 31, 2006, the Town to Pay all expenses for fuel required for the operation of Mr. Conroy’s boat and Mr. Evans’s boat while they are performing services for the Town, and up to $250.00 during the term of the agreement for the servicing of both of the motors of Mr. Conroy’s and Mr. Evan’s boat, NOT and shall reimburse both for expenses for dock space, and be it further RESOLVED that the Town Board of the Town of Southold hereby appoints Bruce Hubert as a part-time Fishers Island Bay Constable, and authorizes and directs Supervisor Scott A. Russell to execute an agreement between the Town of Southold and Bruce Hubert, Fishers Island, to perform services as Fishers Island Bay Constable for the purpose of patrolling the waters in and around the Town of Southold at Fishers Island, at a compensation of $1293.00 per annum, effective through December 31, 2006, the Town to Pay all expenses for fuel required for the operation of Mr. Hubert’s boat while he is performing services for the Town, and up to $250.00 during the term of the agreement for the servicing of the motor of Mr. Hubert, and shall not reimburse him for expenses for dock space, all in accordance with the approval of the Town Attorney. Page 28 January 31, 2006 Town of Southold Board Meeting Vote Record - Resolution 2006-178 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Voter ???? ?Adopted Daniel C. Ross Initiator ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Seconder ???????? ??Tabled Albert Krupski Jr. Voter ???????? ??Withdrawn Louisa P. Evans Voter ???????? Scott Russell Voter ???????? 2006-179 CATEGORY: Appoint to Committee DEPARTMENT: Town Clerk Re-Appoint Jonathan Wiggins to the Board of Assessment Review. RESOLVEDreappoints Jonathan that the Town Board of the Town of Southold hereby Wiggins to the Board of Assessment Review effective immediately through December 31, 2010. Vote Record - Resolution 2006-179 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Seconder ???? ?Adopted Daniel C. Ross Voter ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Voter ???????? ??Tabled Albert Krupski Jr. Voter ???????? ??Withdrawn Louisa P. Evans Initiator ???????? Scott Russell Voter ???????? 2006-180 CATEGORY: Employment DEPARTMENT: Town Clerk Authorize and Direct the Town Clerk to Advertise for Resumes for the Various Committees. RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for resumes for the following committees: Anti-Bias Task Force Conservation Advisory Council Parks, Beaches and Recreation Committee Shellfish Advisory Committee Architectural Review Committee Land Preservation Committee Police Advisory Committee Page 29 January 31, 2006 Town of Southold Board Meeting Vote Record - Resolution 2006-180 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Seconder ???? ?Adopted Daniel C. Ross Voter ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Initiator ???????? ??Tabled Albert Krupski Jr. Voter ???????? ??Withdrawn Louisa P. Evans Voter ???????? Scott Russell Voter ???????? 2006-181 CATEGORY: Appoint to Committee DEPARTMENT: Town Clerk Appoint Jean LePre to the Anti-Bias Task Force RESOLVED appoints Jean LePre to the that the Town Board of the Town of Southold hereby Anti-Bias Task Force , effective immediately through March 31, 2006. Vote Record - Resolution 2006-181 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Voter ???? ?Adopted Daniel C. Ross Voter ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Voter ???????? ??Tabled Albert Krupski Jr. Initiator ???????? ??Withdrawn Louisa P. Evans Seconder ???????? Scott Russell Voter ???????? 2006-182 CATEGORY: Seqra DEPARTMENT: Land Preservation Declare Lead Agency, and Find No Significant Impact on the Environment and Declares a Negative Declaration for “A Local Law In Relation to Creating and Establishing a Project Plan for the Southold Town Community Preservation Fund.” WHEREAS , on August 25, 1998, the Southold Town Board enacted Local Law No.s 12, 13, 14 & 15, 1998 in Relation to the Southold Town Community Preservation Fund; and WHEREAS , one of the four Local Laws was: "A Local Law in Relation to Creating and Establishing a Project Plan for the Southold Town Community Preservation Fund"; and Page 30 January 31, 2006 Town of Southold Board Meeting WHEREAS , in 1998, the Town Board determined that the proposed local laws all work together, and, for SEQRA purposes should be reviewed together; and WHEREAS , on July 8, 1998, the Town Board adopted a resolution determining that the above referenced action of the adoption of the Local Laws was a Type 1 action under SEQRA; and WHEREAS , the Town Board, as lead agency, conducted a coordinated review, and on August 25, 1998, determined that the proposed action would not have a significant effect on the environment and pursuant to the State Environmental Quality Review Act and 6NYCRR 617 et. seq., issued a Negative Declaration for the proposed action and adopted the Local Law; and WHEREAS , in January 2003, an update to the Community Preservation Project Plan was prepared by the Land Preservation Department and the Central Data Processing Department, and was presented to the Town Board on January 21, 2003, during the work session portion of the Town Board meeting; and WHEREAS , on February 4, 2003, the Town Board issued a Negative Declaration for the proposed action and adopted a Local Law updating the Community Preservation Plan; and WHEREAS , in March 2005, thirteen (13) properties, totaling approximately 10.43 were added to the existing January 2003 List of Eligible Parcels to be included in the Community Preservation Project Plan; and WHEREAS , on April 12, 2005, the Town Board issued a Negative Declaration for the proposed action and adopted a Local Law updating the Community Preservation Plan; and WHEREAS , in January 2006, 188 properties, totaling approximately 350 acres were proposed to be added to the list of eligible parcels and the list was revised to delete parcels which have been preserved using various preservation methods, to delete parcels which have been Page 31 January 31, 2006 Town of Southold Board Meeting developed, and to correct, where applicable, Suffolk County tax map numbers for parcels included on the existing List of Eligible Parcels; and WHEREAS , the Town of Southold Community Preservation Fund has been an unparalleled success in preserving land; and WHEREAS , the updated Community Preservation Plan is intended to allow the Town to continue to protect and preserve the community character, natural resources, scenic vistas and historic places, and thus the update to the Community Preservation Plan is expected to result in a beneficial, rather than adverse impact; and WHEREAS , the action will result in an overall net environmental benefit given the need to protect and enhance the ecological and natural resources, open space, groundwater resources, scenic vistas and historic places of the Town for the benefit of all residents; and WHEREAS , the Town Board of the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and WHEREAS , the Short Environmental Assessment Form prepared for this project is accepted and attached hereto; be it therefore RESOLVED that the proposed Local Law "A Local Law in Relation to Updating the Community Preservation Project Plan" is classified as an Unlisted action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVEDas lead agency, conducted an that the Town Board of the Town of Southold uncoordinated review, and hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Page 32 January 31, 2006 Town of Southold Board Meeting Vote Record - Resolution 2006-182 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Initiator ???? ?Adopted Daniel C. Ross Voter ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Voter ???????? ??Tabled Albert Krupski Jr. Voter ???????? ??Withdrawn Louisa P. Evans Seconder ???????? Scott Russell Voter ???????? 2006-183 CATEGORY: Seqra DEPARTMENT: Land Preservation Declare the Purchase of the Meyer Property As an Unlisted Action and Declare a Negative Declaration Pursuant to the SEQRA Rules and Regulations WHEREAS , the Town Board of the Town of Southold wishes to purchase a development rights easement on a certain parcel of property owned by Sandra J. Meyer, pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is identified as SCTM #1000-96-5-14 and part of #1000-102-2-23.5. The address is 31025 Route 25, Cutchogue, New York, and is located on the northerly side of Route 25, approximately 1,615 feet northeasterly from the intersection of Depot Lane and Route 25 in Cutchogue in R-40 and A-C zoning districts. The proposed acquisition is for an additional development rights easement of 6.0 acres (subject to survey) on the 20.166 acre parcel. There is an existing 9.0 acre development rights easement on the northerly portion of this parcel having previously been purchased by the Town of Southold in 2004. The exact area of the development rights easement is subject to a Town-provided survey acceptable to the Land Preservation Committee. The purchase price for the easement if $45,000 (forty-five thousand dollars) per buildable acre; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further Page 33 January 31, 2006 Town of Southold Board Meeting RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVEDfinds no significant impact that the Town Board of the Town of Southold hereby on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations in this action. Vote Record - Resolution 2006-183 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Voter ???? ?Adopted Daniel C. Ross Initiator ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Voter ???????? ??Tabled Albert Krupski Jr. Seconder ???????? ??Withdrawn Louisa P. Evans Voter ???????? Scott Russell Voter ???????? 2006-184 CATEGORY: Seqra DEPARTMENT: Land Preservation Declare the Purchase of the Palmeri/PLT Property As an Unlisted Action and Declare a Negative Declaration Pursuant to the SEQRA Rules and Regulations WHEREAS , the Town Board of the Town of Southold wishes to purchase property currently owned by Peconic Land Trust (f/k/a Palmeri) for open space purposes pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (Community Preservation Fund) of the Code of the Town of Southold. Said property is identified as SCTM #1000-56-5-12.1. The address is 945 Budd's Pond Road, Southold, New York, and the property is located on the easterly side of Budd's Pond Road approximately 800 feet from the intersection of Budd's Poind Road and Bay Home Road in Southold. The proposed acquisition is for open space purposes and comprises the entire approximately 0.5 acre (subject to survey) property. The property, having been purchased by the Peconic Land Trust from Irwin and Sondra Palmeri as a bargain sale, has been offered for sale to the Town of Soutohld, at the same bargain sale purchase price plus acquisition costs associated with the transfer of title. The Town's purchase price for this open space acquisition is $5,000 (five thousand dollars) plus acquisitions costs; and Page 34 January 31, 2006 Town of Southold Board Meeting WHEREAS , the subject property contains mostly wetlands and borders on Budd's Pond and an existing canal off Budd's Pond. The preservation and protection of this property falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, preservation and protection of open spaces and scenic values, protection of wetlands, and undeveloped shorelines, establishment of parks/nature preserves and recreational areas, and protection of unique and threatened ecological areas; and WHEREAS , as per Chapter 87 (Transfer of Development Rights) of the Code of the Town of Southold, Section 87-5, the Land Preservation Coordinator has determined that it is unlikely that the parcel is buildable; therefore, no Sanitary Flow Credit is available from this purchase; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is acceptable and attached hereto; and be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Vote Record - Resolution 2006-184 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Voter ???? ?Adopted Daniel C. Ross Voter ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Seconder ???????? ??Tabled Albert Krupski Jr. Voter ???????? ??Withdrawn Louisa P. Evans Initiator ???????? Scott Russell Voter ???????? Page 35 January 31, 2006 Town of Southold Board Meeting SUPERVISOR RUSSELL: We have finished up the resolutions, other than the public hearings that are going to be for tonight, so this is the point in the evening where I will suggest that anyone that would like to come up and discuss any issue of mutual interest, please do that now. It is not the comment period for the public hearings we are about to have, this is just to finish up the business of the Town on the other resolutions or any other business before the Town. We are going to go into the public hearings shortly on the other issues. MS. EGAN: Joan Egan, East Marion. When you are asking that you are going to run ads for the Police Advisory Committee, is that the Committee I was asking you about in your office the other day? SUPERVISOR RUSSELL: Yes. MS. EGAN: It is. And that will be, that resume will be submitted, you will run an ad and then the resume will be submitted to Mrs. Neville or to you? SUPERVISOR RUSSELL: That is right. MS. EGAN: Did you hold on to my resume? TOWN CLERK NEVILLE: You have to ask us to resubmit it, Mrs. Egan. MS. EGAN: Pardon? TOWN CLERK NEVILLE: Did I hold onto your resume from when? MS. EGAN: Well, I had submitted it for a couple of things. The answer is yes or no. TOWN CLERK NEVILLE: We have your resume but if you wish to resubmit it for another position, you have to so notify us. MS. EGAN: Another resume, okay, fine. Thank you. TOWN CLERK NEVILLE: I have it but you have to so notify us to resubmit it for a particular position. SUPERVISOR RUSSELL: Anybody like to discuss any issue with the Town Board. (No response) Let me just clarify a couple of things. We have a couple of public hearings tonight. One is of course, the affordable housing proposed in Mattituck. Another one is for the Community Preservation Project Plan. That is where we are going to adopt a new list of properties to add to the existing list of properties that would make available CPF money to purchase those properties. If you are here regarding that and it is issues that you simply have questions of, Melissa Spiro is here from Land Preservation. She would be happy to discuss the issue with you outside in the foyer or along those lines because they are going to be, I suspect, long meetings. So I don’t know if you just want to hurry up and take advantage of her presence Page 36 January 31, 2006 Town of Southold Board Meeting to answer those questions. Point of clarification, for the hearing we are having this evening on the Factory Avenue proposal, the hearing is for the change of zone of that property from its current R-80, I believe, to AHD Affordable Housing District zoning. It is not to approve the project, the specifics of that specific project. It is simply to discuss the issue of change of zone. There will be other hearings through the Planning Board, through the Sanitary Flow Credits Transfer where the public will be able to discuss the specifics of that project. I suspect some people here tonight want to speak in full support of it, some people want to speak in full opposition. For those of you who want to speak to elements of that plan, you will have that opportunity through the planning process. Also, SEQRA has not been completed on that site, so we will not be voting tonight, we will simply be having that hearing and then holding the hearing until SEQRA can be completed. Thank you. We have 30 seconds until we recess. 2006-185 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact a Local Law In Relation to Updating the Community Preservation Project Plan WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 17th day of January, 2006 a Local Law entitled relation to Updating the Community Preservation Project Plan” and WHEREAS the Town Board of the Town of Southold held a public hearing on January 31, 2006 on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefore be it RESOLVEDENACTS that the Town Board of the Town of Southold hereby the local law “A Local Law in relation to Updating the Community Preservation Project Plan” entitled, which reads as follows: LOCAL LAW NO. 2 of 2006 “A Local Law in relation to Updating the Community Preservation A Local Law entitled, Project Plan” . BE IT ENACTED by the Town Board of the Town of Southold as follows: Page 37 January 31, 2006 Town of Southold Board Meeting I. Purpose - The following one hundred and eighty-eight (188) properties listed in the attached Exhibit, totaling approximately 350 acres, are proposed to be added to the List of Eligible Parcels included in the Community Preservation Project Plan. In addition, the existing List of Eligible Parcels has been revised to delete parcels which have been preserved using various preservation methods, to delete parcels which have been developed, and to correct, where applicable, Suffolk County tax map numbers for parcels included on the existing List of Eligible Parcels. The preservation and protection of these properties falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, establishment of parks, nature preserves and recreational areas, preservation and protection of open spaces, agricultural lands and scenic values, protection of wetlands, protection of significant biological diversity and protection of unique and threatened ecological areas. II. Chapter 6 of the Code of the Town of Southold is hereby amended as follows: § 6-50. Community Preservation Project Plan adopted. A. For the reasons set forth in §6-45 hereof, the Town Board of the Town of Southold hereby approves and adopts the Community Preservation Project Plan prepared by the Town’s Planning Department, the Land Preservation Committee, the Peconic Land Trust and Central Data Processing and presented to the Town Board on August 4, 1998, during the Work Session portion of the Town Board meeting, said plan being intended to constitute the Southold Community Preservation Project Plan which is required by §64-e of the New York Town Law and Article I of Chapter 6 of the Southold Town Code. B. The Town Board of the Town of Southold hereby approves and adopts the January 2003 update to the Community Preservation Project Plan prepared by the Land Preservation Department and Central Data Processing Department and presented to the Town Board on January 21, 2003, during the Work Session portion of the Town Board meeting. The 1998 List of Eligible Parcels shall be replaced by the January 2003 List of Eligible Parcels presented to the Town Board during the January 21, 2003, Work Session. C. The Town Board of the Town of Southold hereby approves and adopts the March 2005 update to the Community Preservation Project Plan which adds certain parcels in the Great Pond Wetland and Dune Area in Southold to the List of Eligible Parcels. The text of the plan adopted by the Town Board in 1998 (Plan dated July 1998) shall remain as adopted in 1998, with an updated March 2005 Executive Summary and updated cover pages. The January 2003 List of Eligible Parcels shall be revised as of March 29, 2005 to include the identified Great Pond Wetland and Dune Area Parcels. D. The Town Board of the Town of Southold hereby approves and adopts the January 2006 update to the Community Preservation Project Plan which adds one hundred eighty-eight (188) parcels totaling approximately three hundred and fifty (350) acres to the List of Eligible Parcels. In addition, the existing List of Eligible Parcels has been revised to delete parcels which have been preserved using various preservation methods, to delete parcels which have been developed, and to correct, where applicable, Suffolk County tax map numbers for Page 38 January 31, 2006 Town of Southold Board Meeting parcels included on the existing List of Eligible Parcels. The text of the plan adopted by the Town Board in 1998 (Plan dated July 1998) shall remain as adopted in 1998, with an updated January 2006 Executive Summary and updated cover pages. The January 2003 List of Eligible Parcels shall be replaced with the January 31, 2006 List of Eligible Parcels. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this Law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. DIST PRTKEY ACREAGE Priority 1000 15.-8-33 2.9 BD 1000 19.-1-15.5 1.97 A 1000 19.-1-15.6 2.22 A 1000 19.-1-15.7 1.94 A 1000 19.-1-15.8 5.06 AD 1000 20.-3-4.1 7.4 ABD 1000 22.-3-26 2.41 AD 1000 23.-2-8 0.5 AF 1000 27.-2-2.4 11.29 AD 1000 27.-2-2.8 4.95 A 1000 27.-3-3.14 1.93 A 1000 27.-3-7.2 2.3 AD 1000 27.-4-9.4 2.13 A 1000 27.-4-10.5 1.66 A 1000 27.-4-10.6 1.93 A 1000 31.-7-7 5.86 ADF 1000 31.-7-10 2.37 ADF 1000 31.-7-20 9.06 ADF 1000 31.-16-6 1.04 AD 1000 32.-1-2.1 1.74 AD 1000 32.-1-4.1 1.61 AD 1000 32.-1-5 0.76 AD 1000 32.-1-10 1.04 AD 1000 32.-1-11 0.92 AD 1000 32.-1-12.1 4.96 AD 1000 32.-1-12.3 1.27 AD 1000 32.-1-14.2 2.05 AD Page 39 January 31, 2006 Town of Southold Board Meeting 1000 34.-1-7 7.8 BCD 1000 35.-2-12 9.38 AB 1000 35.-3-12.3 7.75 AD 1000 35.-3-12.4 3.84 AD 1000 35.-3-12.8 1.56 AD 1000 43.-2-6 0.75 AD 1000 45.-4-4.1 0.98 AD 1000 45.-6-1 1.29 AD 1000 45.-6-2 3.29 AD 1000 45.-6-9.1 1.7 AD 1000 45.-6-9.2 1.6 AD 1000 45.-6-9.3 1.6 AD 1000 52.-5-62 0.99 AD 1000 53.-2-7 0.25 AD 1000 53.-3-7 0.96 AD 1000 53.-3-9 0.5 AD 1000 53.-3-11 0.43 AD 1000 56.-2-12 0.54 AD 1000 56.-2-13 0.55 AD 1000 56.-2-14 0.64 AD 1000 56.-2-15 0.59 AD 1000 56.-2-16 0.59 AD 1000 56.-2-17 0.51 AD 1000 56.-4-2 0.2 AD 1000 56.-5-12.1 0.56 DAB 1000 56.-6-1 2.37 ADF 1000 56.-6-11.1 0.54 AD 1000 56.-6-11.2 0.57 AD 1000 57.-1-35 0.73 ADF 1000 57.-2-42.1 3.4 AD 1000 58.-1-2.2 7.13 ABFGI 1000 58.-1-3 8.55 ABFGI 1000 63.-7-27 0.08 A 1000 64.-1-8 0.21 A 1000 66.-1-37 4.62 ADF 1000 66.-3-13 0.33 A 1000 66.-3-14 1.03 A 1000 68.-1-7 5.34 ABFGI 1000 68.-1-8 2.97 ABFGI 1000 68.-1-9 4.04 ABFGI 1000 68.-1-10 5.04 ABFGI 1000 68.-1-11 4.07 ABFGI 1000 68.-1-13.3 9.1 ABFGI 1000 68.-1-14.2 1.8 ABFGI Page 40 January 31, 2006 Town of Southold Board Meeting 1000 69.-3-11 7.86 AD 1000 74.-1-3 0.48 BD 1000 78.-3-12.1 5.46 AD 1000 86.-2-1.4 2.66 ADF 1000 87.-3-61 0.72 AD 1000 87.-5-23.6 0.93 AD 1000 88.-5-41 2.8 AD 1000 89.-1-1 4.05 AD 1000 89.-2-1 2.8 ADF 1000 89.-2-3 0.46 AD 1000 97.-2-10 1.66 AD 1000 97.-2-13.4 4.73 AD 1000 97.-2-21 3.06 AD 1000 97.-6-2 3.13 ADF 1000 97.-8-20.1 1.45 AD 1000 97.-8-24 0.2 AD 1000 103.-1-19.8 0.92 AD 1000 103.-6-8.2 3.21 AD 1000 103.-13-1.2 1.02 ADF 1000 104.-5-1.2 2.84 ADF 1000 104.-5-1.4 1.5 ADF 1000 104.-8-9 0.98 ADF 1000 109.-5-16.1 6.87 AB 1000 109.-6-15 7.12 AB 1000 110.-7-25 2.71 ADF 1000 111.-1-3 0.2 ADF 1000 111.-1-4 0.07 ADF 1000 111.-1-5 0.05 ADF 1000 111.-1-9 0.05 ADF 1000 111.-1-10 0.06 ADF 1000 111.-1-11 0.07 ADF 1000 111.-1-15 0.09 ADF 1000 111.-1-17.1 0.14 ADF 1000 111.-1-17.2 0.12 ADF 1000 111.-1-20 0.02 ADF 1000 111.-1-21 0.01 ADF 1000 111.-1-23.1 0.31 ADF 1000 111.-1-24 0.12 ADF 1000 111.-1-34 0.35 ADF 1000 111.-1-38 0.27 ADF 1000 111.-10-1.1 0.16 ADF 1000 111.-10-1.2 0.35 ADF 1000 111.-10-2 0.33 ADF 1000 111.-10-3 0.42 ADF Page 41 January 31, 2006 Town of Southold Board Meeting 1000 111.-10-4 0.4 ADF 1000 111.-10-10 0.44 ADF 111.-10- 1000 18.2 1.06 A 1000 111.-14-5.3 2.35 ADF 1000 111.-14-6 0.8 ADF 1000 113.-2-26 9.87 A 1000 115.-3-21 0.53 ADF 1000 115.-5-5 0.45 ADF 1000 115.-5-6 0.47 ADF 1000 115.-5-8 0.5 ADF 1000 115.-5-9 0.47 ADF 1000 115.-5-18 3.71 ADF 1000 115.-9-7 2.38 AD 1000 115.-11-24 0.32 AD 1000 115.-11-25 0.92 AD 1000 116.-3-13 2.87 ADF 1000 116.-4-2 0.34 AD 1000 116.-4-3.2 1.89 AD 1000 116.-4-4 0.31 AD 1000 116.-4-5 0.03 AD 1000 116.-4-6 0.09 AD 1000 116.-4-7 0.16 AD 1000 116.-4-8.1 0.29 AD 1000 116.-4-8.2 0.29 AD 1000 116.-4-9 0.59 AD 1000 116.-4-12.1 0.54 AD 1000 116.-6-17.1 1.66 ADF 1000 117.-1-1 0.12 ADF 1000 117.-1-2 0.14 ADF 1000 117.-1-3 0.2 ADF 1000 117.-1-4 0.33 ADF 1000 117.-1-5 0.34 ADF 1000 117.-1-6 0.29 ADF 1000 117.-1-7 0.16 ADF 1000 117.-1-8 0.11 ADF 1000 117.-1-9 0.02 ADF 1000 117.-1-10 0.07 ADF 1000 117.-1-11 0.09 ADF 1000 117.-1-12 0.09 ADF 1000 117.-1-13 0.06 ADF 1000 117.-1-14 0.04 ADF 1000 117.-1-15 0.08 ADF Page 42 January 31, 2006 Town of Southold Board Meeting 1000 117.-1-17 0.12 ADF 1000 117.-5-14.2 0.17 ADF 1000 117.-5-43 0.15 ADF 1000 117.-5-44 0.19 ADF 1000 117.-6-14.1 2.67 AD 1000 117.-8-20 0.87 ADF 117.-10- 1000 0.13 ADF 20.8 1000 118.-1-3.1 2.05 ADF 1000 118.-1-10 0.83 ADF 1000 122.-4-44.6 1.25 AD 1000 122.-6-28 4.6 AD 1000 126.-4-2.1 0.68 AD 1000 126.-4-5.1 0.7 AD 1000 127.-2-5.3 5.65 AD 1000 127.-2-7.1 4.18 AD 1000 127.-3-3 2.45 A 1000 127.-3-8 5.63 AD 1000 127.-3-9.2 2.09 AD 1000 127.-3-10.1 5.2 AD 1000 127.-8-13 1.53 AD 1000 127.-8-17.2 0.75 AD 1000 136.-2-3.1 0.68 AD 1000 136.-2-5 0.45 AD 1000 136.-2-9 0.26 ADF 1000 136.-2-10 0.37 ADF 1000 138.-1-3 0.22 AD 1000 138.-1-14.1 3.9 AD 1000 138.-2-35 0.07 ADF 1000 138.-2-36 0.04 ADF 1000 138.-2-37 0.03 ADF 1000 138.-2-38 0.04 ADF Vote Record - Resolution 2006-185 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Voter ???? ?Adopted Daniel C. Ross Voter ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Voter ???????? ??Tabled Albert Krupski Jr. Initiator ???????? ??Withdrawn Louisa P. Evans Seconder ???????? Scott Russell Voter ???????? 2006-186 Page 43 January 31, 2006 Town of Southold Board Meeting CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Land Preservation Elect to Purchase a Development Rights Easement on Agricultural Land Owned by Sandra J. Meyer WHEREAS , the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by Sandra J. Meyer, on the 31st day of January, 2006, pursuant to the provisions of Chapter 25 (Agricultural Lands Preservation) and Chapter 6 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS , said property is identified as SCTM #1000-96-5-14 and part of #1000-102-2-23.5. The address is 31025 Route 25, Cutchogue, New York, and is located on the northerly side of Route 25, approximately 1,615 feet northeasterly from the intersection of Depot Lane and Route 25 in Cutchogue in R-40 and A-C zoning districts; and WHEREAS , the development rights easement comprises 6.0 acres (subject to survey) on the 20.166 acre parcel. There is an existing 9.0 acre development rights easement on the northerly portion of this parcel having previously been purchased by the Town of Southold in 2004; and WHEREAS , the purchase price for the easement is $45,000 (forty-five thousand dollars) per buildable acre. The exact area of the development rights easement is subject to a Town-provided survey acceptable to the Land Preservation Committee; and WHEREAS , the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and WHEREAS , the property is adjacent to, and in the vicinity of, other lands on which the Town and/or the County have purchased development rights easements; and Page 44 January 31, 2006 Town of Southold Board Meeting WHEREAS , the purchase of the development rights on this property is in conformance with the provisions of Chapter 6 (Community Preservation Fund) and Chapter 25 (Agricultural Lands Preservation) of the Town Code; and WHEREAS , the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now, therefore, be it RESOLVEDelects to purchase a that the Town Board of the Town of Southold hereby development rights easement on agricultural land owned by Sandra J. Meyer, pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold . Said property is identified as SCTM #1000-96-5-14 and part of #1000-102-2-23.5. The address is 31025 Route 25, Cutchogue, New York, and is located on the northerly side of Route 25 approximately 1,615 feet northeasterly of the intersection of Depot Lane and Route 25 in Cutchogue in R-40 and A-C zoning districts. The development rights easement comprises 6.0 acres (subject to survey) on the 20.166 acre parcel. There is an existing 9.0 acre development rights easement on the northerly portion of this parcel having previously been purchased by the Town of Southold in 2004. The exact area of the development rights easement is subject to a Town-provided survey acceptable to the Land Preservation Committee. The purchase price for the easement if $45,000 (forty-five thousand dollars) per buildable acre. SUPERVISOR RUSSELL: I am going to say it is a pleasure to say yes. I think your graciousness in working with the Town is, it means a lot to the people in Cutchogue like myself that my kids are down there feeding your animals all the time, so thank you very much. Vote Record - Resolution 2006-186 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Initiator ???? ?Adopted Daniel C. Ross Voter ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Voter ???????? ??Tabled Albert Krupski Jr. Seconder ???????? ??Withdrawn Louisa P. Evans Voter ???????? Scott Russell Voter ???????? 2006-187 CATEGORY: Contracts, Lease & Agreements Page 45 January 31, 2006 Town of Southold Board Meeting DEPARTMENT: Land Preservation Elect to Purchase the Property Owned by Peconic Land Trust (F/K/A Palmeri Property) WHEREAS , the Town Board of the Town of Southold held a public hearing on the question of the purchase of property owned by Peconic Land Trust (f/k/a Palmeri property) on this 31st day of January, 2006, pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS , said property is identified as SCTM #1000-56-5-12.1 and 945 Budd's Pond Road, Southold, New York, and is located on the easterly side of Budd's Pond Road approximately 800 feet from the intersection of Budd's Pond Road and Bay Home Road in Southold; and WHEREAS , the open space acquisition will comprise the entire approximately 0.5 acre (subject to survey) property; and WHEREAS , the subject property contains mostly wetlands and borders on Budd's Pond and an existing canal off Budd's Pond; and WHEREAS , the property is listed on the Town's January 2006 update to the Community Preservation Project Plan List of Eligible Parcels which was adopted by the Town Board after a public hearing on January 31, 2006; and WHEREAS , the preservation and protection of this property falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, preservation and protection of open spaces and scenic values, protection of wetlands, and undeveloped shorelines, establishments of parks/nature preserves and recreational areas, and protection of unique and threatened ecological areas; and WHEREAS , the purpose of this purchase is for preservation and protection of open spaces and scenic values, protection of wetlands and undeveloped shorelines, establishment of parks/nature Page 46 January 31, 2006 Town of Southold Board Meeting preserves and recreational areas, and protection of unique and threatened ecological areas. Uses of the property will be limited to those which are in conformance with these purposes and the Town may allow public access for passive recreation and non-motorized boat access only in conformance with the purposes of this acquisition; and WHEREAS , the purchase of this property is in conformance with the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (Community Preservation Fund) of the Town Code; and WHEREAS , the property, having been purchased by the Peconic Land Trust from Irwin and Sondra Palmeri as a bargain sale, has been offered for sale to the Town of Southold, at the same bargain sale purchase price plus acquisition costs associated with the transfer of title. The Town's purchase price for the property is $5,000 (five thousand dollars) plus acquisitions costs; and WHEREAS , as per Chapter 87 (Transfer of Development Rights) of the Code of the Town of Southold, Section 87-5, the Land Preservation Coordinator has determined that Sanitary Flow Credits are not available for transfer from the parcel of property due to the likelihood that this parcel is not buildable; and WHEREAS , the Town Board deems it in the best public interest that the Town of Southold purchase this property for open space purposes; now, be it therefore RESOLVED that pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (Community Preservation Fund) of the Town Code, the Town Board of the Town of elects to purchase the property owned by Peconic Land Trust (f/k/a Southold hereby Palmeri property). Said property is identified as SCTM #1000-56-5-12.1 . The address is 945 Budd's Pond Road, Southold, New York, and the property is located on the easterly side of Budd's Pond Road approximately 800 feet from the intersection of Budd's Pond Road and Bay Home Road in Southold. The proposed acquisition is for open space purposes and comprises the entire approximately 0.5 acre (subject to survey) property. The property, having been purchased Page 47 January 31, 2006 Town of Southold Board Meeting by the Peconic Land Trust from Irwin and Sondra Palmeri as a bargain Sale, has been offered for sale to the Town of Southold, at the same bargain sale purchase price plus acquisition costs associated with the transfer of title. The Town's purchase price for this open space acquisition is $5,000 (five thousand dollars) plus acquisition costs. As per Chapter 87 (Transfer of Development Rights) of the Code of the Town of Southold, Section 87-5, the Land Preservation Coordinator has determined that Sanitary Flow Credits are not available for transfer from the parcel of property due to the likelihood that this parcel is not buildable. Vote Record - Resolution 2006-187 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Seconder ???? ?Adopted Daniel C. Ross Initiator ???????? ??Adopted as Amended ??Defeated Thomas H. Wickham Voter ???????? ??Tabled Albert Krupski Jr. Voter ???????? ??Withdrawn Louisa P. Evans Voter ???????? Scott Russell Voter ???????? Public Hearings Public Hearing #1 5:00 P- PHPLLE“A LLA M A UBLIC EARING ON A ROPOSED OCAL AW NTITLED OCAL AW TO MEND ZMTSCZDSCTM THE ONING AP OF THE OWN OF OUTHOLD BY HANGING THE ONING ESIGNATION OF 1000-122-2-23.1 FR-80 AHD(AHD)” ROM TO FFORDABLE OUSING ISTRICT NOTICE IS HEREBY GIVEN COUNCILMAN WICKHAM: that pursuant to the requirements of NYS Town Law and the Code of the Town of Southold, Suffolk County, New will hold a public hearing on a proposed York, the Town Board of the Town of Southold 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. I have a number of communications and I will just summarize them very quickly. I am not going to read them all because they are rather lengthy, I will begin with the one from the Planning Board of the Town of Southold that was received yesterday. The Planning Board finds that the Town’s proposal to change the zone is consistent with the following recommendations of the Town of Southold’s hamlet study. The provision for affordable workforce housing is a priority. A site has been identified for affordable housing in the Mattituck halo zone on Factory Avenue. A new halo zone is recommended that permits a variety of dwelling types, including detached single family homes, attached single family homes, town house, garden apartments, multi-family dwellings and accessory apartments. And finally, the quality and attractiveness of new dwellings is more important than density. I am just going to summarize these and if any one is interested, the complete text is available in the Town Clerk’s office. In addition, your comments tonight Page 48 January 31, 2006 Town of Southold Board Meeting will be added to the record in a complete form and they will form the complete hearing notice when it is complete. That was from the Planning Board. A letter from the North Fork Bank, ‘I am writing on behalf of the North Fork Bank to express support for the proposal by the Community Development Corporation of Long Island to develop affordable work force housing in the hamlet of Mattituck, Town of Southold, New York.’ This is from Michael Fink, Senior Vice-President. One from the Bridgehampton National Bank, ‘As a key employer on the east end, Bridgehampton National Bank would like to speak out once again regarding the need for affordable housing in our communities. The high price of homes continues to be a significant impediment for business to attract and retain. As such, many of our employees commute an hour or more each way to work in our branch or corporate offices. The bank has worked with other east end towns in cooperation with the CDC on similar projects. CDC has a good track record and as a responsible partner in developing and implementing viable affordable housing projects. We encourage the Board to work with CDC to come to a resolution which will facilitate the Cottages at Mattituck project.’ A letter from John Klinger of Southold, ‘For that reason, I support the endeavor to build 12 affordable homes in Mattituck, which is sponsored by the Community Development Corp and I hope that the variance required for this project will be approved by the Town Board. Thank you.’ A letter from the North Fork Environmental Council and it is rather long but I will say that there is, ‘three questions must be answered by the Board, number one: how much affordable housing is envisaged within the five years? What will be done to offset the increase in potential population? Will the program be capped? These questions must be answered before any reasonable consideration of this or any other affordable housing can be accomplished. The bottom line is the overall residential density and its affects on our environment. We can encourage the Town Board to provide the community with planning information in that regard.’ From Peconic Landing, John May the chairman, ‘ I am writing to support the proposed affordable housing development in Mattituck by the Community Development Corporation of Long Island.’ From the Eastern Long Island Hospital ‘As President and CEO of the hospital, I would like to articulate support for the Community Development Corporation and their efforts to establish sustainable affordable housing on the North Fork.’ Paul J. Connor III. Town of Southold Housing Advisory Commission. This is a rather lengthy one. th ‘On our meeting of January 18, we met with CDC of Long Island, sponsors of the project. The meeting provoked a substantive and wide ranging discussion that touched on the affordable housing philosophy, site plans, etc. The current major obstacle to the proposal is approval to the rezoning to classify. Therefore, we unanimously request that the Town Board grant this parcel affordable housing district rezoning in order to enable the proposed development to proceed.’ And that is from the Housing Commission members and there are a series of them named below. From Ann Lovett, ‘Dear Town Board members, This letter is written to highly recommend your approval of the necessary zoning laws to allow for the development in Mattituck of 24 affordable cottages, 12 with accessory apartments.’ And those are all the substantive comments I have received to date. Here is one more, this is from the County of Suffolk who we are required to send such proposals to for their comments on and they have responded, ‘Please be advised, pursuant to the law’ that they will not be able to review this until additional information is submitted to them, namely a full statement of facts pursuant to municipal law including completed local application forms, preliminary concept plan, copy of the Mattituck hamlet study and a copy of the SEQRA EAF, which we will be providing to them. I have information here Page 49 January 31, 2006 Town of Southold Board Meeting that this has been posted outdoors, excuse me, out here in the vestibule on the Town Clerk’s bulletin board and it has also appeared as a legal notice in the newspaper. SUPERVISOR RUSSELL: Thank you. What I would like to do, I am sure many people want to address this issue. I think first I am going to ask if the representatives of CDC’s or their attorney wants to start the proceeding, so we can shed some light on the project. MARY ANN GARVIN: I am Mary Ann Garvin, I am the Executive Vice President of Community Development Corporation of Long Island. I want to thank the Town Board for holding this public hearing to gather input from the community. CDC of Long Island is a 37 year old not for profit organization with a long history of developing affordable rental and homeownership opportunities for Long Island residents. All of the housing we have developed, over 1,300 units have been developed in close cooperation with local governments and in partnership with local residents and other non-profit community organizations. We have successfully applied for subsidies to bring the cost of the housing to an amount that a low or moderate income family can afford. We are very familiar with the complex, multiple layers of financing developments like the Cottages require. In fact, the corporation has already expended over $100,000 in predevelopment expenses, including an $85,000 non-refundable deposit to the current owners of the property. CDC has made every effort to meet with many organizations to present information about the Cottages at Mattituck including the Mattituck stakeholders, the Mattituck School Board, the Housing Advisory Commission, the Mattituck Fire Department, the Mattituck Chamber of Commerce. We also held a six hour open house at the Mattituck-Laurel Library for the general public to learn more about our proposed development. For those here today who may be hearing about the Cottages at Mattituck for the first time, we are proposing 24 two bedroom houses, half of which may have a one bedroom accessory apartment. Families with incomes below 80 percent of the area median are eligible to purchase the houses. Up to half of the houses may be purchased by families with incomes up to 120 percent of the area median. With regard to the apartments, any income targeting; I very deliberately say nay. Because while I feel strongly that this Board is in favor of affordable workforce housing, there are still some decisions to be made regarding the issue of the apartments and household incomes. I want to assure the Board that although CDC feels there is a demonstrated need in the Town for a diversity of housing and incomes, we want to partner with the Town to provide much needed housing to local residents in a manner that is most acceptable. As a not for profit, CDC has a mission to meet the housing needs of Long Islanders in a variety of ways. Not only are we committed to building very attractive, energy efficient homes but we are also committed to providing home buyer education to all those on the housing registry. Financial education and assisting the families to get the best mortgage product is part of the service we will provide. Philip Beltz, the Town’s Special Projects Coordinator has been an invaluable resource to CDC in helping us design our concept plan, so that it is responsive to both the Town’s progressive AHD ordinance and is also responsive to the housing needs identified on the housing registry. We anticipate a close, collaborative effort in the home ownership selection process, which is under the jurisdiction of the special projects coordinator. I want to thank the Town for engaging with us on a number of occasions as we have been developing this proposal and I am hoping that we will be able to continue that dialogue. I would like to introduce Jim Millican, CDC’s engineer Page 50 January 31, 2006 Town of Southold Board Meeting from Nelson and Pope, to speak about some aspects of the sketch plan and then I would like our attorney Gail Wickham to address the Board as well. JIM MILLICAN: Good evening, my name is Jim Millican. I am an engineer with the firm Nelson and Pope, having offices in Melville, New York. Two areas that they have asked me to address this evening to help the Board and the public understand certain things. The first is the sanitary disposal system. As you know, the sanitary disposal systems are subject to the review and approval of the Suffolk County Department of Health Services. Each lot will have an on lot septic system, consisting of a septic tank and a leaching pool in accordance with the Suffolk County Department of Health Services design criteria. A yield map based on the Health Department density requirements for this area of 20,000 square foot lots was prepared, indicating a yield of 12 lots. Under provisions provided within the sanitary code, increased density may be obtained up to 100 percent increase or double density, through the use of transfer of development rights, TDR’s as they are known, which is the case with this application. The Health Department does however require that when an applicant seeks the maximum increase, that an offer of public water be provided to any properties within 150 feet of the site that are not on public water at this time. At a meeting held on November 10, 2005 with Mr. Walter Hilbert of the Suffolk County Department of Health Services, six parcels were identified as to be on individual wells and an offer to connect them to public water at no expense will be made to each of them by this applicant. An application has been made to the Health Department on December 13, 2005 and is currently under review. In regard to the traffic issues, Nelson and Pope has contacted the town’s consultant, Pat Cleary, in regard to preparing a traffic study for this application. A scope was prepared and sent on January 18, 2006 for his review. We are waiting for his response. Upon his acceptance to the scope for the study, traffic counts will be obtained and a report prepared. As this is the wintertime, the counts then will be adjusted using the seasonal traffic information from the New York State Department of Transportation. This data consists of traffic counts from a continuous counting station, located on Route 25 and Laurel Lake Drive, maintained by the New York State Department of Transportation. These counting stations record traffic data 24 hours a day, 365 days a year. Therefore, counts taken in February can be adjusted to peak summer counts using the data from the station of February versus peak summer and then adjusting our counts accordingly. Based on the Institute of Traffic Transportation Engineering trip generation manual, a peak hour generated by this project would yield approximately 24 vehicle trips and is expected to have a minimum effect on the level of service on both Sound Avenue and Factory Avenue. Upon completion of the traffic study and review by the Town, the applicant will adhere to recommendations made by the Town. If the Board has any questions, I would be glad to answer them. Thank you. UNIDENTIFIED: Can I ask a question? I am neither for or against it but I live in Mattituck for 50 years. SUPERVISOR RUSSELL: If you want to comment, can you come up to the podium and state your name and place of residence? KENNETH PAPISH: My name is Kenneth Papish, I have lived in Mattituck a long time. I travel Factory Avenue every day of the year, including Christmas, New Years or what because I Page 51 January 31, 2006 Town of Southold Board Meeting have a horse farm in Riverhead. And I will tell you one thing, where is this going to be on Factory Avenue, there are houses along both sides of the street. SUPERVISOR RUSSELL: The location of the parcel itself is as you are going down Factory Avenue… MR. PAPISH: Yeah, there’s houses all along there. SUPERVISOR RUSSELL: Behind that, there is seven acres of woodland in the back. You can see a passage back to that road from where the railroad is and then there is also a small section that extends up to Old Sound Road there. And there is actually a tax map there that highlights the location in mind. MR. PAPISH: That is it there. But I go down Factory Avenue everyday, I know what it is. There is not much traffic there at the end of the Old Sound Avenue. SUPERVISOR RUSSELL: I think I would prefer to have a study anyway. MR. PAPISH: Okay. GAIL WICKHAM: Good evening. My name is Gail Wickham of Mattituck. I am representing CDC of Long Island. I have a few comments that I hope you will bear with me and my attempt to use the laser pointer on describing the boards before you. This is the first use of the new AHD legislation. And we are fortunate to have a reputable and an experienced non-profit company which is designed a project that fits this new code to a T. It is permanently affordable housing. Not only by the code but also by deed covenants that will be recorded on the properties. It is a model of what the town should be doing for affordable housing. We do of course expect and have discussed that there will be procedural and substantive adjustments in the course of implementation of this new code and we will continue to be responsive to the Board’s input. The Planning Board has met three times with CDC and has issued a strong recommendation in favor of the change of zone and you have their letter in the file. The project’s specifics, as Supervisor Russell mentioned will be addressed by the subdivision process and the sanitary flow credit hearing, both of which will have public hearing agendas. There will be very modest variations requested to the width and lot dimensions but not to the minimum lot area size. The question of the flag lots on the yield map will also be one of interpretation as opposed to a variance. The only inflexibility, as we have told the Board of this application is an economic one. If the yield is less than 24 lots, the project cannot go forward. Neither your code unfortunately nor this project will be able to meet all of the needs of the town in this area. Not even close. But if you do not rezone this property, as you know and allow it to proceed, you will not meet any of those needs. If I can briefly describe the property, it is 7.4 acres on the west side of Factory Avenue in the red highlight and also in the yellow highlight on the big board. This is a very preliminary map that was drawn initially in the green of the layout. Again, that has been kicked around a lot, it is going to continue to be kicked around. In the back, if anyone is interested, is a schematic of the lot, the house: both the exterior proposal and the floor plan. They are two bedroom, two bath, one story 1,100 square feet with an outside basement entrance. I do have several issues Page 52 January 31, 2006 Town of Southold Board Meeting with respect to the rezoning matter that I would like to touch on. First: traffic, second: cumulative impact and third: density. As Mr. Millican indicated on traffic, a study is being undertaken but it will show and we can see here that the property is within walking distances of services. That reduces the use of cars and the length of trips. If you figure two maybe three dozen cars there max. You are going to have working people living in those homes. They are going to be out in the morning, back at night. There will be minimal daily trips. Those people in our elderly population who will live there are also typically limited in vehicular use and fortunately the property is close for them to the services and the senior center. And I don’t think as Mr. Millican indicated you are going to see a large volume of traffic over the course of a day. And there is an existing traffic control device on Factory Avenue and Main Road. While the property is located along the railroad tracks, there will be fencing and buffering provided to protect from access on the tracks. Houses will be built with extra insulation and triple pane windows along the railroad tracks for sound barriers. If there is vehicular access to Factory Avenue approved by the Planning Board, the railroad crossing is there and there will be protections to protect cars and people from that intersection. Again, that is a process that is going to go through the Planning Board to be determined. I have spoken to Helen Fox, who is the Director of Transportation at Mattituck-Cutchogue schools, there are existing bus stops on Factory Avenue which are not right up near the railroad tracks. They have not fortunately experienced any issues in the past and there have been a lot of children accommodated in these locations. The preserved land that surrounds this property and I might mention, I don’t know if I will be able to do this, this entire area on the other side of the Sullivan property, they are here tonight, that whole acreage extends all the way into the watershed of Laurel Lake, it is a huge preserved area that will not have homes on it, will not be generating traffic. Next to the railroad tracks on the other side you have the remainder of Bethany Cemetery, so that is not a developable parcel for homes and further north you have Strawberry Fields, which is also been preserved. It is a modest project and we think it will have modest impact in terms of traffic. That leads me to the second topic I want to discuss, which is cumulative impact of this project and however many more there may be in the affordable arena in Southold Town. I think the Town can expect a limited number of affordable units to be built in the next several years but the key word there is limited. In the subdivisions we have seen no affordables come out so far. I expect developers will buy out to the extent they can and the increase in population will be negligible in any event because first priority to these affordable homes anywhere in the Town is given to those who already live and work in Southold Town. Given the size of the housing registry already and the huge need in town, those who live and work in Southold and perhaps some who live or work in Southold will be served, so it is going to be based on a local population. These units will pay property tax. The number of affordable units in Southold is by necessity going to be self regulated. It is a difficult process, you don’t see many companies who can do this and they are not rushing in. Catholic Charities tried and unfortunately could not make any headway. Community Land Trust is working on it but they have had issues as well. Sub dividers as I said are going to buy or trade out to the extent that they can. And more importantly, there are very limited land resources in the halo zones available for these sights, so they will be self-regulated. Most importantly, the impact on the local school districts, cumulatively will also self-regulate in the volume of affordable units. I say that because there is almost no group in town more vocal than school district taxpayers. Nor would it be fair to over- burden any one local district with a large number of affordable units and I think the Town Board Page 53 January 31, 2006 Town of Southold Board Meeting is sensitive to that. In fact, my first concern when I was contacted by the client about this project was what about the school district, especially in Mattituck-Cutchogue budgetary crisis. Many here know what I mean when I say the parents just are not going to do it again. So my first meeting after we met with the Town was to see Mr. McKenna, the School Board Superintendent and then the School Board. We had several follow up conversations and I believe that the Board feels or is relieved to feel and as do we, that the number of school children in this project is likely to be negligible due to the small size of the property and the small size of the units. We would also hope that children who do participate in this development will already be residents of the district. In fact, we hope that a project like this will help the district by providing housing to school employees that are having trouble with the cost of living here. The beauty of this project is that it is small. It has limits on the size of the units and those are not just CDC’s idea alone, but they are dictated by the economics of the project. The third thing that I want to talk about is density. And that is an issue that needs to be addressed, I know you have concern. I think affording housing 101 is density is the economics that makes affordable housing work. However, in this particular neighborhood and this particular property you are considering rezoning tonight, the density is mitigated by several factors. First of all, it is in the halo zone, it is the only large parcel in the halo zone in Mattituck and the only place that affordable housing can really go in Mattituck. Many of the lots in this neighborhood are 100,000 square feet, so it is not out of character. There are several lots along Factory Avenue and the Walnut Place neighborhood, south of the railroad tracks along the Main Road and they are all, a number of them rather are 10,000 square foot or thereabouts. In the immediate area, as I mentioned before, there are hundreds of acres that have been preserved eliminating the potential for houses in that area and traffic on those roads. And in the Mattituck-Cutchogue district alone, there have been almost 2,000 acres of land preservation. If you take out just 25 percent for wetlands or other unbuildable areas, still it is a huge reduction in potential density. And that effort will continue as Melissa will tell you, if she ever gets to her hearing tonight. In Southold Town, many neighborhoods have developed very successfully with 10,000 square foot or ¼ acre home sites. Just to name a few in Mattituck, Laurel. Camp Mineola, Captain Kidd Estates, Legion Avenue- which isn’t far from this project, Baer Road, Bray Avenue, Sigsbee Road-many of them are 7,000 square feet, Marlene Lane. I could go on and on. In Cutchogue you have the east side of Pequash, Fleets Neck, Fisherman’s Beach, Beachwood, many in New Suffolk. There are many neighborhoods as you go further east also. In Southold, Reydon Shores, Laughing Waters, Beixedon, that you recognize as nice neighborhoods and they have done very well. It won’t happen now under current, standard zoning but it has happened in the past and it has adapted to a nice place to live. However, there is one very important distinction between those older, small size neighborhoods and this. In those non-affordable neighborhoods, the size of the house can over power a small lot but here you have very strong restrictions. You have small homes, one story again dictated by economics. Expansion that is extremely, strictly regulated by the Town and you can’t push the building envelope, like you can on other small lots in the Town. Further, the current subdivision requirements will require screening, site improvements will be strictly regulated. The properties do not have any wetlands or other issues of crisis and environmental nature and as Mr. Pollack pointed out, you can’t even see it, it is behind the houses. I also have to mention that the Mattituck stakeholders did point out several things. They pointed out that this is a suitable project. They pointed out that attractiveness is what mitigates density. The site itself is fairly level, there are oak trees in the center and the south end, there are large ones on the Page 54 January 31, 2006 Town of Southold Board Meeting perimeter that will attempted to be saved as part of the buffer and the Planning Board, as you know, is very sensitive about trees. The site right now is a mess. It has got trees at the north end choked with vines, junk and debris all over the place, dirt bike trails have been ripped through it and it backs up to garages and outbuildings of the homes along Factory Avenue. It will certainly, the Planning Board will endeavor to provide buffer areas and green spaces to the extent that that is possible. I would just like to finish by saying that this is a change of zone hearing. Much more work must be done to finalize the layout of the project. CDC will continue to seek the Town’s input as it proceeds on the details of the project. We know that the Board is concerned that once rezoned there is not guarantee that CDC will finish the job. However, I think you have seen enough of them to know that if anyone is going to finish the job, they will. They have, as a non-profit organization, invested $85,000 in a non-refundable contract money and thousands of dollars in project costs. They have a reputation to uphold and a huge financial incentive to finish. I urge you strongly to break the long history of debate over this parcel and rezone it to AHD. I truly fear that if it is not done, the state of affordable housing in our Town is in serious jeopardy. On a positive note, if this project does proceed, it will be a model project for which this Town Board can be proud; they have finally gotten a shovel in the ground. Thank you. SUPERVISOR RUSSELL: Would anybody from CDC or any other, okay. DIANA WEIR: Good evening, congratulations to the new Board members. My name is Diana Weir and I have been before you before. I am from East Hampton and I am Vice-President of the Long Island Housing Partnership. We are working with the CLT on the development in Greenport. First of all, I would like to commend the Board for its efforts. It has been years that you have been working on changing your code, for sewer credits, for your downtown areas, to facilitate this type of providing for the needs of your community. The housing fair did bring over 200 people. I participated in that. It was encouraging in a way to see so many local people came to that and gave input, put their names on the registry and by the same token, those same people are what need these homes that will be provided here. In our experience, we’ve been around for 18 years, we are housing builders of affordable housing and the way that they houses are being laid out with two bedrooms is very important. There are studies that have been done throughout the United States and in local areas and for apartments in the different types of developments, whether it is a townhouse, a single and separate home with a yard, every unit has an inherent amount of children that it will generate into the school district and I know that that is a major concern and that is why I want to address that here. The studies that we have done, even with our own developments that we have built, we have built over 3,000 homes throughout Long Island, if it is a two bedroom home, inherently it does not generate as many children into the school district as would a single and separate three bedroom, you know, larger type of home. So we feel that this will not generate as many children into the school district. The fact that you are using TDR’s from within the school district is important and because there will be not as many children as a regular three bedroom or four bedroom home, most of these developments have a positive impact tax wise on the school district because they pay their full taxes. Usually people that buy these are sometimes young couples that do not have children right away. They have one child, they will stay. Once they have a second child, they will look to move on and upgrade to a larger home, so that the children will have more space. Couples without children, that have Page 55 January 31, 2006 Town of Southold Board Meeting made that choice, seek a two bedroom home because they don’t want to pay for a larger home that will be empty. So we feel this is important, we commend CDC for selecting two bedroom units. That is what we are doing now. We think it is a lovely development and we leave it to your Town Board and Planning Board, I know you will make a decision that is right as far as the final layout but we do support the zoning change, we think it is important to start because you have made a lot of changes to your code and have been very aggressive in trying to facilitate this, so we hope that the zone change will be the first step and then the final layout of the development and the things will be selected by you and the Town Board. But we do support this development. Thank you for letting me speak. Thank you. SUPERVISOR RUSSELL: Thank you. JULIE AMPER: My name is Julie Amper, I live in Mattituck and it seems to me that Mattituck has been the victim of what I call closing the barn door after the horse has fled method of town government. I think the majority of Southold residents have consistently opposed fast food stores, restaurants in the Town. But it was not until Mattituck was stuck with one that the Town Board adopted legislation limiting these restaurants to shopping centers. I think the majority of Southold residents have consistently opposed large chain stores but once again, Mattituck is stuck with the CVS store and it was only the threat of a similar store in Southold that prompted the current moratorium and the projected legislation banning such out sized chain stores. Now the first affordable housing development is proposed for guess where? Mattituck, of course. I am here to urge the Town Board to close the barn door first this time. The increased density proposed for this development and the impact it may have on my school taxes is of concern to me. I understand from Philip Beltz and I quote him, ‘while this site may be the first proposed and most likely the last for Mattituck hamlet, the priority population already live and work in the town and their children are already in the school districts’ This may be true but the children are not all currently in the Mattituck-Cutchogue School District. In addition, two other proposed developments, one at the corner of New Suffolk Avenue and Main Road in Mattituck which I understand originally proposed a bank and some housing behind it as well as the gigantic project proposed behind the Post Office in Cutchogue will further increase density within one school district. A district already projecting a minimum increase of 7.26 percent in next year’s budget. I think it is incumbent on the Town Board not to rush blindly into approving this zone change. The Board should first establish specific guidelines within an overall comprehensive plan for the town that addresses both preservation and density goal, reduction goals for all of Southold. I think the Town Board needs to determine just how many affordable units can be built without jeopardizing their density reduction goals. Finally and again I quote Mr. Beltz, who wrote ‘the Town Board mandated that affordable housing developments will be shared among the hamlets to minimize the impact on individual school districts.’ Once the total number of affordable units to be built town wide is determined, we need to know just how the Town plans to disperse these units, preferably among all the school districts. Thank you. SUPERVISOR RUSSELL: Thank you. I am going to… JACK BERDINKA: My name is Jack Berdinka, I live on Factory Avenue. I have been there almost 72 years, well, over 72 years. I own two homes on there and my concern mainly is with Page 56 January 31, 2006 Town of Southold Board Meeting the traffic on Factory Avenue. Being there all these years, I know what traffic is like. You can’t get down to the Waldbaums, past Waldbaums when all the trucks are unloading and you can’t move on there now. Now we are talking about changing the zoning so they can put all these homes in and now we are going to generate probably 60 more cars traveling up and down there. I am not against affordable housing, I am 100 percent in favor of it, having seven children and nine grandchildren in Mattituck but I don’t think the street can take it. You can’t, it is not safe enough to walk down to the shopping center now and we were just talking about walking down and being able to shop. You can’t. I have one granddaughter that lives with me, she can’t walk down there, I won’t allow her to walk down there. There is no sidewalks, the roads cannot handle it, they are not wide enough, the speed limit is 35 mph and 35 mph on that street is just too dangerous and we cannot get it lowered. As far as the street, that is a thoroughfare. That is like the main highway. Anyone from the north end of town who wants to go to the south end of town has to go down Factory Avenue. It is about the only way you can get down there. So, I am opposed to changing it as far as the, putting up so many houses and bringing so many more people just to travel up and down those roads. You, we can’t move now. SUPERVISOR RUSSELL: Thank you. LEAH GLOWACKI: My name is Leah Glowacki. I am a member of the Housing Advisory Commission. I grew up in Southold, I still live in Southold. I think one thing that most people have to consider is people my age can’t afford to live here. We just can’t. I make $32,000 a year. I can’t buy a house in Southold. My parents 20 years ago, yeah, everybody in this room who the majority of you are all older than me and all of you have mortgages and you know, you probably paid half of what I would pay to buy a house in this town. And you can’t afford it and that is very sad, that you raise your children and most of you have children, I am sure, that they can’t afford to live here. And I am shaking, I don’t like this. I just think that it is very, very important and yeah, traffic and all that, it all plays into factors but the bottom line is, Southold Town needs this and hopefully we will see more projects in the future. But it is very, very important to preserve Southold for your youth. For your grandchildren, for your children and hopefully for my children. I know many of my friends have had to leave town because they cannot afford to live here. And that is a shame for this town, that is the way I feel. Because our parents raised us in such a great place, the small school districts, the small this and the small that and you grow to love it and then to know that you have to leave because you know that you can’t afford it, it is just a disgrace and I think that the Town Board should rezone the property because what other chances are you really going to have? And it is one small seven acres of land and if it can give 20 some people the chance to live here, that is a lot. And it is a huge project I think the Town should undertake. Thank you. SUPERVISOR RUSSELL: Thank you. INAUDIBLE: My name is (inaudible) I want to thank you for the opportunity to let me speak here. But I just ask that you consider it because just as the young woman, there are many parents that are single that are not able to afford a home. I still have two more children to finish schooling, without (inaudible) I am never going to have a chance to continue living in this area. Thank you. Page 57 January 31, 2006 Town of Southold Board Meeting SUPERVISOR RUSSELL: Thank you. DINA ROSE: My name is Dina Rose, I live in Southold. I am currently a teacher at Southold School District. I grew up here, I went to Southold School. I absolutely love being here and I enjoy my work immensely. I have been to every meeting about the affordable housing and I really hope that you consider this for the future, for the people like me. I am a, I have graduated with a Master’s from college and I mean, a lot of people think that this housing is going to bring in riff raff and it is not going to be a nice place or people aren’t going to be hardworking people in this area just because it is affordable and I just want you to consider that people like myself, who work very hard, I work outside of the school just to try to save money for a house, will put in so much effort to try to live here and afford it. Also the fact that since we are going to be working so much just to live here and to afford it, there is not going to be so much traffic as everyone is thinking. We will probably going to be using the North Road to commute to our work because that is the main area to get back and forth. I know for myself, going to Southold from Mattituck, I will be taking the North Road instead of traveling through congested side roads, since I could try to get from point A to B quicker. I just think that it is really important that you see that there are people who are trying their hardest to afford to live here, who are well educated, who love being here and I think you really should try to take the next step, at least to see if we can get some support and allow people like myself to stay in this community. My entire family is here, my aunts, my uncles, my parents, my grandparents. I went to school away from here and I was gone for four years and everyone was like, oh, you came back and they are like, why would you come back here and I said it is my roots, it is my family and I really, really would love to stay in this town. So please consider it. SUPERVISOR RUSSELL: Thank you. Mr. Seigmann. ED SEIGMANN: At the moment I just want to ask a question. Who is going to be able to bid or get those so-called accessory apartments? Who is going to be eligible for those? Maybe, I would like to have an answer. SUPERVISOR RUSSELL: Phil Beltz, you want to take a shot at that? Our Housing Administrator. PHILIP BELTZ: Households that are listed on the housing registry, they have a choice of stating whether they are seeking home ownership assistance, apartment rental assistance or both. Some people have just indicated any opportunity to stay in the town. So the process would be hopefully through a non-profit organization like CDC, they would work with my office. First everyone would have to be income eligible, second they would be priority one which is live and work in the Town, second would be live in the Town, third would be work in the Town, then used to live in the Town and lastly all other people seeking to come to the Town. So these would be the people that are already listed for apartments and homeownership. SUPERVISOR RUSSELL: Does that answer your question? Page 58 January 31, 2006 Town of Southold Board Meeting MR. SIEGMANN: Do they have to be all working people or can some seniors rent? MR. BELTZ: Seniors would be very eligible and actually the arrangements would be for the homeowner to interview any potential applicants and of course, seniors have income that would be…the working in the Town doesn’t mean you couldn’t be retired and living in the Town. ELIZABETH MURPHY: Hi, I would like to thank you for the opportunity to address the Board. My name is Elizabeth Murphy, I live in Mattituck. I am a teachers assistant in Cutchogue East, I am finishing my masters degree in Special Education and I work with the disabled children in our community. My husband works for his family at Taylor Rental in Mattituck, we have a daughter and we can’t afford to live here. We are appealing to the Board to consider the rezoning and just understand that if people, I graduated from Mattituck High School. I want my child to have an opportunity to grow up here and to graduate from Mattituck and to bring her kids up here. And it makes me very sad to think that we may have to leave to find a place to call our own and to bring our child up in. So I just appeal to the Board again to please consider the rezoning and understand that the people who are already living and working in our community, we are very hard workers. My husband works full-time, I work full-time, I work a second part- time job, I go to school at night, my husband works a second job whenever he can as well and we still cannot afford to buy a house here. So, we are in your community and we are building our community. I am helping the disabled children and I love it and I don’t want to leave here but it may come down to that. Thank you. SUPERVISOR RUSSELL: Thank you. MARIAN ZUCKER: Good afternoon, I am Marian Zucker, I am the Director of Affordable Housing for Suffolk County and I am here today to speak in support of the rezoning of this site to affordable housing district. I have a few remarks but I do want to say there is nothing to me quite as compelling as hearing from the young adults of your own town as to the need for this housing. There is almost nothing I could say to add to that but from an official perspective I do want to say that I have been involved in several incarnations of this site for affordable housing and understand that it has been identified by the local stakeholders group as an appropriate site for such. I am also aware in my professional capacity of the need for workforce housing, both in Southold and Suffolk County in general. But it is especially acute here where home prices have really been driven up largely by second homeowners and in far excess of the income growth that the town has seen. And I understand the median price of a house in Southold is not $475,000. While I understand that the tonight’s hearing is only for the rezoning of the site, I do also want to say how much I support CDC’s effort in this regard. I regard CDC as one of the preeminent housing organizations on Long Island and I am always pleased and confident to be able to work with them. Suffolk County supports this development as a candidate under our workforce housing program. Based on the encouragement of the Town Board late last year, I moved forward with the planning steps resolution for funding under the Town’s Workforce Housing Land Acquisition Program and that is going to be heard by our legislature at its general session next Tuesday. In closing, meeting the needs of our moderate income residents begins with steps such as this. The rezoning of sites to permit the development of affordable homes. I encourage you to take this step forward and want to let you know that Suffolk County stands ready to act as Page 59 January 31, 2006 Town of Southold Board Meeting your partner to provide subsidies to this development to help make it affordable to Southold residents. Thank you. SUPERVISOR RUSSELL: Thank you. CHRISTINE DROSKOSKI: Good evening, my name is Christine Droskoski, I live in Orient. Born and raised here, I would like to remain here. This has always been home and I hope that the affordable housing goes through. Thank you so much. SUPERVISOR RUSSELL: Thank you. Mr. Comando. MICHAEL COMANDO: My name is Mike Comando, I am a resident of the Town of Southold. My first house, actually, was on Factory Avenue on a dirt road off the side there called Walnut Place and I raised my young family there. I want to tell you that I strongly support the zone change. And I would hope that when, if and when the zone change is complete, that you would incorporate road and pedestrian safety issues into that new zoning so that there is a measure of safety for the population. Affordable housing in the Town of Southold is not just a place to live for young families or for senior citizens. It represents an opportunity, an opportunity that has been denied to many people for many years and I am just urging you to go forward with this project, not to turn your backs and I applaud you for the progress that you have made so far. But not to turn your backs on the issue, not just here in Mattituck but throughout the Town of Southold. I do believe with proper planning it can be a model for other communities and I applaud you for your work thus far and encourage you to approve the zone change. Thank you. SUPERVISOR RUSSELL: Thank you. CHARLES ZALOOM: Hi, I am Charlie Zaloom, I am a resident of Mattituck and I was involved with the 2005 Mattituck stakeholders. The CDC of LI asked us if this project met the spirit of the halo planning that we went through last year and we gathered the old group together and we went through, we went through it last December and came up with a short statement for you. The stakeholder group viewed the preliminary plan with the CDC of LI representatives and agree that it supports the Mattituck stakeholders hamlet halo planning recommendations. The preservation of open spaces is supported through the transfer of septic credits into the halo zone by this plan and the creation of starter homes within walking distance of a shopping area contributes to the supply of attractive, affordable homes for our local workforce. In order to promote freer walking and vehicular access to the neighborhood, we recommend that the street and sidewalk be extended at the cul-de-sac to connect with Factory Avenue to reduce (inaudible) on Sound Avenue. That was the statement of the Mattituck stakeholders from last year. Thank you. SUPERVISOR RUSSELL: Thank you. CAROL SULLIVAN: My name is Carol Sullivan. I have spoken with them. My husband and I actually own the two parcels of land to the west of this, so in many, many ways, we could have 101 very selfish reasons why we would like it to become and stay woods but that is just not even Page 60 January 31, 2006 Town of Southold Board Meeting the reason we are here tonight. This is probably, we have owned the property since 1999, I think it is the fifth or sixth time we have heard rumblings of somebody buying that as our neighbor and this is the furthest it has ever gotten. There is two concerns that I have and one is the road access because it is not so much that it would affect us but particularly that first lot to the west of that, a neighbor of ours, she could probably lean out her bedroom door and touch the cars as they drove by. Her house is that close, so I agree, I think the road should really be looked at so that it does have a two way access and is not a cul-de-sac and I think fire truck and emergency vehicle access is going to be a big deal. The lots are small and I don’t see how any of those will accommodate two or three cars per house, which I think is really going to be the reality. The other thing I did was I got a list from CDC of all the other projects they have done. Knowing people who live and work in the Hamptons is in construction, I called over to them. There are a couple of projects that have happened like Wellbone Village, where the first comment was, ‘oh, those are really nice. We took the house, we went up a year ago and now it is worth like $860,000.’ I think it will be really important as the town develops parameters that the houses stay small, they stay affordable. I have already questioned them. Okay, so the first guy gets the lucky break. What happens to the next guy in five years or ten years? Can he afford that house or does that just become another fancy little neighborhood in town? And I think that’s a really, really important issue to be addressed as well. On a personal note, we probably always figured there will be development there. We always say we’re probably the next one. We are two blocks from town and we are running a farm, which we actually planted and brought back to life. Do we want to see houses? Probably not. It is most likely inevitable but it is not just Southold Town. I grew up in New York. I could not afford the house that I was born and raised in as well. It is not a local issue. It is national. And I think that is another issue that the Town needs to think about. It is not just this little north fork, it is everywhere that this is a problem. Thank you. SUPERVISOR RUSSELL: Thank you very much. Mrs. Egan? JOAN EGAN: Joan Egan, again. I loved what this lady said. My concern is affordable. It is now ’06 by the time we get to the ballpark to purchase those homes, the price is going up. Another thing that should be considered is with taxes going up and the economy going down, you are losing a lot of your senior citizens. They can’t afford to stay. The young can’t afford to stay. So, I am all for affordable housing, we are all for that but I think we have to take a lot of things into consideration. I think the fact that the lady mentioned security, I don’t know whether realtors approached or even thought about talking to our chief of police, New York State police. These are all big, important issues. Fire department issue. Our firemen can’t afford to stay here and god forbid they move or they go, they become civil servants and get salaries your taxes will go up even further. And we have got to stop moving, I am all for the rezoning if it is done properly with a lot of safety in mind. The no sidewalks, the no this, the no that. So although it sounds good, let’s do it carefully, okay? MR. BELTZ: I would like to address the perpetual affordability because I think it is important that people hear that it is perpetually affordable. Page 61 January 31, 2006 Town of Southold Board Meeting SUPERVISOR RUSSELL: You know what, Phil? Let me go to some more people because there probably be some other issues that will be raised and then I will have you come up and address all of them, if that is okay. But I was thinking that that was on my mind, too, when that was mentioned. RONA SMITH: Hi, my name is Rona Smith and I live in Orient and I am a member of the Housing Advisory Commission. We were fortunate enough to meet with the people from CDC of Long Island and hear about the project in greater detail. So I thought it might be useful for you and for the people who are here to just put this in a little bit of context because one of the problems obviously requiring all of the talk about affordable housing is that the market has gotten of reach for many working class people who live and who now in rental housing and who work in the town and this is of course was mentioned, a national problem, that the market has gotten out of hand and out of touch for most people. What is interesting and I think should be noted is that the land that is being purchased is being purchased at a market price; that this land is not being given to CDC, this land is not being subsidized to be bought by CDC, essentially they are going out into the market and competing with developers who would develop the land for housing which is less density but there would be houses there and it would be developed. And they are paying the market rate price for this. The other piece of this is that labor costs the same whether you are doing affordable housing of un-affordable housing. Building materials cost the same regardless of what category you are building in. Maybe you can save 10 percent on the finish of a house, but it is quite expensive. So it requires a lot of financial fine tuning to build a house that can be sold at an affordable price. These houses are projected to sell at $213,000 at this time. That is really such a small fraction of the cost of a house in the open market, how are they doing it? Well, one of the skills of an organization that is a non-profit that builds affordable housing is that they are taking advantage of programs that our federal tax dollars are paying for. This is a very complicated financial puzzle they are putting together where they are taking certain amount of bond financing, they are helping to give people lower rate mortgages. They are getting their costs of capital down, so that they can sell these at a lower price. This is a phenomenon that is happening all over the country. It isn’t just happening here and the federal government is essentially, really for the last 10 years a lot of these programs have been out there which are helping non-profits all over the country to build affordable housing so that communities can have that kind of mixed financial base that they enjoyed over time. So I just thought the whole financial picture might be interesting to think about because there isn’t anything coming from the Town to subsidize this and so it isn’t coming out of our local tax dollars and I think that is very important to people. I also think it relates to the density and the zoning really is a very, very important and crucial piece of this because this is so carefully engineered financially, you have to have the kind of zoning that has been proposed. We really can’t take advantage of the programs and have the houses come in at the price that they are projected to be sold at. So that is… PHYLLIS MARKOPOULOS: Good evening, I am Phyllis Markopoulos and I live in Mattituck. I am a senior citizen aide at the Mattituck Nutrition site. About two years ago I moved out here to care for my aging parents. I happen to be a licensed geriatric social worker and I have come to love this community and I enjoy working here and serving the seniors in the community. Even though, as a town employee at the moment afford my own place, certainly I can’t afford to Page 62 January 31, 2006 Town of Southold Board Meeting purchase anything. I would like to support the viable affording housing development project that the CDC is proposing here tonight. Quite frankly, if I can’t afford to live here, I can’t remain to stay in the community. The site being proposed by the CDC seems affordable and doable, seems very appropriate. I am single and I may not be able to eventually purchase a home but I certainly probably could afford one of the accessory apartments. I encourage the Board and the citizens of Southold to be proactive in pursuing affordable housing developments for employees and citizens like myself. Thank you for your attention. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address us on this issue? CATHY STEADMAN: Cathy Steadman, Mattituck. I would like the Town Board to abstain from voting on this tonight. I am not against it, I am not for it, although if I had to choose, I would probably say that I am against it at this point. This is not a small project. If you look at the first board that has the green on there and you look at that first property, that is one house on one property. You can take that first blank block, put it on top of that other one where there are three. Now you have got three houses and they are saying that, you know, it is within the parameters of the neighborhood? How can that be? You know, does that allow that homeowner that is in that first block now to subdivide their property into three parcels and put three houses on there? I want to thank Carol for getting up and talking and I would like to see that list of properties some time down the line and I feel bad for the people who tried to at some point buy a house. Thirty years ago, my girlfriend Annette said ‘wow, what am I going to do? Houses are $75,000.’ And I said, ‘yeah, you know, prices have gone up’ Now back then, prices did go up and that was very expensive for a house in this area but in the meantime, houses have gone up, houses have gone down, houses have gone up. It is about a 10 to 15 year sway. This time the housing prices have gone up because builders started, we should have known 10 years ago back in the beginning of the 90’s that something was going on. Builders were pulling up properties, south side realtors were coming over here; they weren’t giving the real estate people their customers, they were coming over here and they were selling themselves. And since then, the realtors came over here and opened up offices. Somebody should have said, ‘hey, you know, what is going on?’ And that has extended this housing market. This housing market is starting to fall. Ask somebody who has had their house on the market for six months or better, what are they doing? They have had to drop their housing price. $50,000; $100,000 most of us can’t afford that. But they have had to drop their housing price, okay? Mr. Wickham, in the previous administration Mr. Moore was asked to abstain when his family member was included in a project. Is that going to happen here because one of your family members is included in a project that is involved? COUNCILMAN WICKHAM: I am not aware of any of my family members who are involved but… MS. STEADMAN: Ms. Wickham is not a family member? COUNCILMAN WICKHAM: Excuse me? MS. STEADMAN: Ms. Wickham is not a family member? Gail Wickham? Page 63 January 31, 2006 Town of Southold Board Meeting COUNCILMAN WICKHAM: Gail Wickham? I thought you were referring to my wife. MS. STEADMAN: Oh, no, no, no. No. I thought it was immediate, if not immediate, extended family members that were involved in projects that the Board was asked to abstain. COUNCILMAN WICKHAM: She is an attorney for CDC Long Island. MS. STEADMAN: Uh huh. COUNCILMAN WICKHAM: I don’t think that constitutes a problem for me but let me just say, as the Supervisor mentioned before; we do not intend to vote on this tonight. MS. STEADMAN: Okay. I would like the Board to establish parameters so when somebody like CDC comes in here, they are not spending $85,000 to be told, well, you need wiggle room. Well, we don’t have wiggle room, well, you need wiggle room, well, you don’t have wiggle room. Well, $85,000 later, you know, that money could be going someplace else. We need to establish parameters for that high density thing so that when a company comes in, they can do what they want to do so that people can afford to live here and I thank you for your time. SUPERVISOR RUSSELL: Thanks, Cathy. I just want to say one thing, as Councilman Wickham mentioned. The SEQRA isn’t complete, so we wouldn’t be voting on the zone change tonight regarding the issue of wiggle room. You have read the papers, you know where certainly I am. I know some of the Town Board members are trying to find as much wiggle room as possible because of the concerns of the community, also I have known Gail Wickham and I have known Tom Wickham both for the 15 years I have been here. I have to say, I am the first to ring the bell when it comes to impropriety. I probably know Gail better than Tom does, so I don’t think that is an issue. I understand the last name might ring a bell but I don’t think that is an issue in this particular case. MS. STEADMAN: It just seemed to be a very big issue in the previous administration and it was a big issue for Mr. Moore and some other people as well. SUPERVISOR RUSSELL: Yes, I understand all that. Usually you don’t see in public defending Tom but I will tell you that. I have worked with both of them and I have to say, I think they are about as distant cousins as you can find, probably as distant as I am with my cousins. MS. STEADMAN: Thank you. SUPERVISOR RUSSELL: Mr. Herbert, how are you? MICHAEL HERBERT: My name is Michael Herbert, I live in Mattituck and I have a real estate office in Mattituck that specializes in rental properties and I specifically deal with the placement of tenants for many, many years now. I feel compelled to speak only because when the sales Page 64 January 31, 2006 Town of Southold Board Meeting market spiked, landlords where misguided in thinking now that there property was worth double the value of what it was, that they could therefore get an astronomical rent that was proposed and I spend more time in my business trying to get landlords to act conscionably in that the rental market, the tenant market is a much more stable market than the sales market and therefore, to respect the income that the tenants earn. And it is not that we really have a shortage of housing, if you look in the paper there are so many units available for rent with prices that are really out of the norm and if they really knew the tenant market and to analyze it and to see what incomes they are deriving and to act more conscionably, they should honor having a good paying, respectful tenant. And perhaps there should be a strategy to offer incentives to landlords to price their properties accordingly. I am not opposed to the affordable housing, there is certainly a dire need for it. One comment that I did hear that I certainly will agree to is that Factory Avenue does not have sidewalks and if the proposed development to where it would be likely that they would walk to the shopping center and I do drive down Factory Avenue often, whenever I go to the supermarket and I know that if young children are walking along Factory Avenue, it proposes a danger because there are no safety barrier to protect them from people speeding or inclement weather conditions, in the winter especially, so I think for the safety of those that are going to be utilizing and going by foot to the shopping center should certainly be protected against any potential accident or injury. So that is what I have to share. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody like to speak? I would like to have Mr. Beltz come up and just clarify a couple of the things that were addressed tonight, particularly the perpetuity issue. MR. BELTZ: Through the legislation, any home that is sold, through covenants and restrictions you are not allowed to sell, if a home is re-sold, to purchase the home you have to be certified as being eligible; meaning income eligible and then meet the priority population with the Town of Southold, so it would not go outside of anyone that does not have the income. At the time of re- sale, it cannot exceed the price of the increase of the consumer price index. So to give you an idea, from January of 1994 to January of 2004 the consumer price index increased 12.81 percent. That would be the increase in value. As far as improvements, all improvements have to be approved by my office and all capital improvements are reviewed by an independent body, the Housing Advisory Commission. And you have to, it calls for why you want to put a capital improvement and that capital improvement may or may not receive any resale value. SUPERVISOR RUSSELL: Like I said earlier, there will be an occasion as the process goes forward to address the specific issues of the specific plan. So I thank you for coming up to clarify that. There are aspects of affordable housing that probably people need clarification on and aspects of the specific plan. There is going to be a site plan process, there is going to be a sanitary flow credits process. There are issues I even have as a newly seated supervisor on the particular program. So that is where there will be a lot of room for public discourse on those more specific issues as we go. LESLIE WEISMAN: Good evening, I am Leslie Weisman, I am a member of the Housing Advisory Commission and I would like to speak in support of this project but before I make some brief remarks, I would also like to clarify something that others have voiced concern about Page 65 January 31, 2006 Town of Southold Board Meeting earlier which has to do with how this project fits within the future of a comprehensive plan for housing that makes sense, that respects open land preservation and a number of other things. I have in front of me the code book for the Town of Southold in which the housing legislation all of the various initiatives that the Town has taken in recent years to get us to this very progressive point, a very visionary point; are spelled out and I simply want to quote very, very briefly from this long thing and explain that the Housing Advisory Commission has a lot of things that it is charged with doing but among them is a development of a housing plan, an advisory housing plan for the Town Board and that plan has the opportunity to look at a number of things. There are seven things. I want to just mention three of them briefly. For one thing, the Housing Advisory Commission’s plan has to include concern for public investment. That means to account for and minimize social, economic, cultural and environmental costs of new development; including infrastructure costs and loss of open space and agricultural land. Development is another issue. To encourage development in areas where infrastructure exists, parking, public water, primarily within defined hamlet and halo zones, which this project sites within. Conservation, to protect, preserve and enhance the town’s natural resources, including farmland, forests, surface water, ground water, recreation and open space. Another is community design, to strengthen communities through the utilization of all income and age groups and so on. Let me indicate that the plan that we will be developing, and we have just begun our work, will include the creation of maps that will define according to the law, the housing implementations plans, recommendations and so on that we will be proposing to the Town Board. The plan will not by law, be adopted until after the Town Board has held a public hearing. The plan shall be updated at least every five years. The plan shall be adopted before monies may be expended from the housing fund. There are many things in place already because of the Town’s initiatives that people simply are not aware of yet. And I would like to simply say with regards to what we are talking about tonight, while the Supervisor, the Town Board, the Planning Board, all of the other governing bodies with the Housing Advisory Commission carry out the important collaborative work that we will be engaged in, in which we will be creating this comprehensive planning for future affordable housing development throughout Southold Town. I think it would be myopic and in fact, remiss, if we neglected to look at the opportunity before us now. The Factory Avenue parcel should be the very first step towards a future in which homeownership is available to the young people that we heard from this evening. They are our neighbors, they provide us with invaluable services. We owe them an opportunity to have a decent quality of life in the town that they love and they have grown up in. This project is a very real opportunity for all of us to move beyond the verbal and legislative commitment the Town Board has already demonstrated and shown and the Supervisor, to creating workforce housing. Partner with the CDC of Long Island. Partner with that organization towards creating a housing model that all of us can see demonstrably once and for all, that affordable homes are in fact a real amenity to our community. They are to be valued, they are to be encouraged. They are not things that will become problematic. The important questions and concerns that have been raised here tonight, as our Supervisor has said, will be a part of an ongoing process. Much more discussion will follow. There will be public input and the answers will be forthcoming and no doubt some changes are going to be made however, we are not here tonight to debate the specific nature of that proposal or that schematic plan. More discussion will happen. What we are here tonight to look at and what I implore the Town Board to do is to act with vision and to act with political will by voting to rezone that Factory Avenue Page 66 January 31, 2006 Town of Southold Board Meeting parcel for affordable housing density right now. Because I fear if we fail to do that, if this Town Board fails to take this opportunity into serious consideration, we will have missed an opportunity that happens very, very rarely. Thank you. SUPERVISOR RUSSELL: Okay. Thank you. Anybody else like to address before I adjourn the….Ms. Gould? JENNIE GOULD: Good evening, my name is Jennie Gould, I am on the Housing Advisory Commission. I have had the opportunity to represent the North Fork Housing Alliance in tenant in real estate matters and I also had the privilege of representing the Village of Greenport in their affordable housing initiative that began in 1999 and ended in 2002 and what Greenport did, if you are not familiar, is that they built 8 affordable units with a HUD grant of $200,000 and some of the concerns expressed here tonight were about people coming outside of the Mattituck- Cutchogue district into this parcel and the school district maybe being flooded with kids that weren’t a part of the community and I just went over some of the things that I remembered from the Greenport project and every, of the 8 units, every child that was in those 8 houses and there are only 6 children total for 8 houses in Greenport, were already in the school district. Just like the Town’s project, the Village’s project had a priority for people who lived in the Village and worked in the Village first, then second: people who lived, worked in the school district, so that would take in Greenport, East Marion and Orient and finally people who lived in Southold Town. And also, the variety of people that were in the project was interesting to me; it was all kinds of different people, there were of eight houses, there were two single people; one was a senior citizen. There was a couple with no children, there was a couple that were empty nesters, their children had grown and moved away. One couple with one child, another couple with one child, one blended family-a mother, son and two grandchildren and one single mother with two children, high school children, so I think we are going to see a variety of children and not necessarily a flood into the school district. After all, as Philip has said, the priority is the Town of Southold and many are already going to be in the Mattituck-Cutchogue School District. I also wanted to put in the record, it is an article out of the New York Times, the Long Island section not the Long Island section, the real estate section, this past Sunday; rental projects-tax burden or not? And it is on, it is rental projects and huge rental projects in Nassau county and Suffolk county and it gives statistics provided by both developers and towns about what happened when these projects were built and how many kids came into the district and I think the figures are negligible and you will want to see that when you are going over everything. In the tax burden, there isn’t one thing in this article about a tax burden for a school district causing a problem, there is no quote from any school districts about these huge rental projects and I am talking about 200, 300, 400 units and we are not even talking about here; that it caused a problem for any district on Long Island and in particular. I guess the last thing that I want to say is that one of the greatest things about living in this town is its diversity and the only way we are going to keep that diversity is if we make room for people that aren’t making enough money to afford houses here and I have the utmost confidence in this Town Board, the Planning Board and in Philip and in all the people in this town that we can make this project work. You know, the North Fork Environmental Council has raised the issue that you shouldn’t approve a project until you know what you are going to do for the next five years and what is the cap going to be? Well, I don’t really think that any of us in this room can answer that question right now. We need a pilot. Page 67 January 31, 2006 Town of Southold Board Meeting This is our opportunity. Let’s go with it, let’s work with it, let’s make it work for everyone and see what happens. I don’t think anybody wants to see the Town Board do zone change after zone change after zone change to AHD without thoughtfulness. And that is what I am asking of everyone in the room, that we all work together on a thoughtful project that can work for all of us. Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Board? Yes, Mr. Nickles. JOHN NICKLES, JR.: Good evening, John Nickles, Jr., Southold. I think that the Town should go forward here, we are talking about sound planning, it comes from the affordable housing committee, which I was on. It comes from the hamlet stakeholder groups, which was townwide and I think that the goals are fairly clear. And we want to preserve open space is and we know where the open space is and there is an appropriate place for development and I think that this location is one of those places that is appropriate for development. Thank you. SUPERVISOR RUSSELL: Thank you. Ms. Wells. CARA WELLS: Cara Wells, a resident of Southold. A long-time family presence in town, I am also a realtor. I think this is a great project. If you believe in your planning process; be bold, be bright, move on it. Thank you. SUPERVISOR RUSSELL: Thank you. Very succinct. Mr. Harris. PETER HARRIS: Peter Harris, Greenport. I had my dream when my wife and I, we first got married. I think we were married three years and we had our dream, we bought our first home, first home, same home. It is on a quarter acre lot in Greenport. It fronts an area where a proposed, an affordable housing project wanted to be done. Two forms of government couldn’t agree on who wanted to be the lead agency but the fact of the point, had two children. One is 30, one is 27. The 27 year old, she is still living home because of the fact that she, both went to college got their degrees. Now one is a New York City fireman, one works for the, teaching children-North Fork Early Learning Center. She would love, both my son and my daughter would love to own a home. And I am not saying this particular project is the project but they were born and raised in Southold and they want that American dream. Not Johnny come lately’s that are moving into this town, building the mega-mansions. They are working people. They want to remain Southolders. We as Southolders that are older have to afford to give these people the same opportunity. Thank you. SUPERVISOR RUSSELL: Would anybody else like to speak before we adjourn the meeting? Mr. Papish. MR. PAPISH: I came in here, I didn’t know anything about this thing going down there but I do know where that is and I found out one thing sitting there. The people that live in Southold and Orient and everywhere, they want it. The ones that live in Mattituck don’t want it and I am going to warn you guys. Page 68 January 31, 2006 Town of Southold Board Meeting UNIDENTIFIED: I live in Mattituck, I would like to see it. I have no problem with it. SUPERVISOR RUSSELL: Anybody else? Anybody in the foyer that would like to speak? Mr. Seigmann? MR. SEIGMANN: I just want to say, I live in Mattituck, too and I don’t have any problem with it. And let me tell you why. For about 20 years now, I have been listening to discussions down here about affordable housing. And although I represent seniors and hope that you’se could do something on housing for seniors along these lines because with seniors living longer today, a lot of them can’t take care of the homes they have and they have been priced out of here not because of the house that they are living in but because they have to pay to get everything done and they can’t afford it. They have no place to turn to, to look for affordable housing. They are not looking for affordable housing but they would like to see construction like this on the basis of some small homes or some rental places that they can move into. And I don’t want to be selfish and say that I am only looking for seniors but I would like to see this project started for another reason. I am sick and tired of listening to the people that because they live here they want to lock the door on the way up and don’t want anybody else to move in. I am saying that what should happen is they should start something like this and maybe it will lead to taking care of some of the problems that exist out here for both working people and seniors. Thank you. COUNCILMAN ROSS: Mr. Seigmann, just with respect to housing for seniors, the Board did ask CDC and we did discuss with them a possibility of senior set aside. There were problems with that, there were legal problems, they provided us with a legal opinion that I would be happy to share with you. But of course, the project is open to seniors, it is just that it was difficult to have a set aside. MR. SEIGMANN: Well, that I realize that in this project there happened to be some rules and regulations that would keep seniors out of it because if I understand correctly, if you own a house, you cannot buy one of these because you would be a second homeowner. COUNCILMAN ROSS: Right. MR. SEIGMANN: So I am not looking forward to any of the seniors be able to buy this particular place but I am saying you have got to look around Southold to see where you can do something to take care of them. But we would be crazy to say don’t do it for the people that have a problem that are working people because it don’t get done for us. So I am in favor of this project but I hope that it leads to something else to solve some of the other problems. SUPERVISOR RUSSELL: I couldn’t agree more. It was actually you who had mentioned a few weeks ago at a senior citizens meeting that what had happened was years ago all the planning of government was based on a shorter life span for our seniors and now the doctors are keeping you alive longer and government doesn’t know what to do with you. MR. SEIGMANN: That is exactly right. Page 69 January 31, 2006 Town of Southold Board Meeting SUPERVISOR RUSSELL: And I agree with you 100 percent. I see it every day in the Assessors Office. I know what you are talking about. MR. SEIGMANN: That is exactly right but I still want to see you take care of some of the problems that other people have though. SUPERVISOR RUSSELL: Absolutely. Absolutely. Thank you very much. Anybody else before we adjourn the meeting? Mr. Froenhoffer. JOE FROENHOFFER: Captain Joe Froenhoffer, Chairman, CEO of SeaTow, International. Gentleman, ladies and Board, congratulations. Two of my former students up there, it does me a lot of good to see you sitting there. Tom, you were not in my class, I am not that old yet. But it is very good to see you gentlemen up there having taught in Mattituck for 20 years almost and now in Southold we employ over 50 people and are still growing. One of the reasons we stayed in Southold was because we love it so much and because of the people here. We try to employ local. It is not easy. We have a number of people from the south side and from up on the Island who we have to bring in. We run 24/7/365 business. We need employees. When I look around and I see all the young people and I did not see a lot of business people speak here today and that is one reason why I did come up; I believe the business need workers. We need workers for our type of business, for highway departments, for the volunteer fire department-because we are all getting older and we need people to take care of us when we do get older as senior citizens, so please, I would suggest now is a good start, I have heard a lot of good things, there are a lot of comments, there is a lot to look at. I believe wood frame is not the way to go and I would be happy to talk to you about that and if you stop over, I will take you on a tour through our new building, which is a lead project. Leadership and energy and environmental design. And it saves tremendous amounts of energy and one of the things I look at with affordable housing is the future and what you have to pay for it in upkeep and maintenance and also with heating, you know what the problem is with that, so I don’t have to say anything else. There is a lot of ways to go, there is a lot of water to go across and go over the dam before this is done but you have got to make a start. Now is the time and I think you should vote yes. Thank you. SUPERVISOR RUSSELL: Thank you very much. Anybody else before we adjourn the hearing? DAVID VAN POPERING: Hi, David Van Popering. I guess I just want to add my voice to the growing chorus of particularly people of my age group, maybe younger, who meet all the requirements, financial and otherwise. I make a pretty good salary, I have got two masters degrees, excellent credit, no debt, money in the bank and yet I cannot buy a house any other way than I see really what is being offered here and I see it as an excellent opportunity and I was really excited and I just want to say I hope I see this or something like it go through. So I can keep on living here. Thanks. SUPERVISOR RUSSELL: Okay. Thank you. Anybody else? Page 70 January 31, 2006 Town of Southold Board Meeting ERICH MOENIUS: Hi, my name is Erich Moenius. I bought a house out here in 1998 via my wife and me, we are the direct neighbors of 15 acres beside the housing project and neither against and neither for it. I could just develop my 15 acres and put 40 houses in there, which I don’t do, I planted grapes and I find it a wonderful thing. The main issue here is definitely, as my wife mentioned before, is the road on Factory Avenue. The cul-de-sac is a stupid idea because of the safety issues. Yeah, I think it is a done deal. I don’t think there is much of a discussion here anyway. SUPERVISOR RUSSELL: Thank you. Okay. Anybody else before we adjourn the hearing. MARY ZANESKI: Mary Zaneski. I live right smack behind the where the building is going to be. That is nice but there is too many homes there. Too many homes. One on top of the other and I don’t go for that. Thank you. SUPERVISOR RUSSELL: Thank you. Are we going to close the hearing and just leave it open for written comments on SEQRA? Okay. COUNCILMAN KRUPSKI: Can I just ask a question? Something that came up, people in favor of and people against it tonight. Everyone seemed to have an opinion about the effect of this on the school district and I just wondered if we could get clarification from that. It is an important question, from the school district rather than everyone speculating. SUPERVISOR RUSSELL: I think, again, you know, those are the issues that we are going to have to address as we go, that is the give and take of any project and the fact finding mission. The hearing is just for the change of zone. The specifics as to what is going to be there is going to have to be, I guess, discussed at length with CDC, the Planning Board and the Town Board. Tonight’s hearing is really just for the change of zone. So I want to try to keep it as narrow as I can, to just that issue. Plenty of time down the road to address the more specific issues. But we will certainly talk about it as part of the vetting sessions. Would anybody like to address this before I close the hearing? One last time? UNIDENTIFIED: What is, in the current zoning, what is the lot acreage minimum for affordable housing district? SUPERVISOR RUSSELL: The affordable housing district, it is a floating zone. In other words, we can rezone property to its AHD standard, that would allow for quarter acre zoning, per dwelling unit. Plus up to 50 percent of that allowed for accessory apartments. The current zoning on the property as is, I believe is R-80, if I am not mistaken. That would probably yield about three homes on the property. Anybody else? Can I get a motion to close this? JUSTICE EVANS: I move that we adjourn it, in order that written comments can be put in on the SEQRA that we still don’t have? We can’t vote tonight because we don’t have the SEQRA and we need to have that in order to vote on it. SUPERVISOR RUSSELL: Okay, so how about a motion to adjourn? Page 71 January 31, 2006 Town of Southold Board Meeting Vote Record - Public Hearing #1 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Voter ???? Daniel C. Ross Voter ???????? ?Adjourned ??Closed Thomas H. Wickham Initiator ???????? Next: Mar 14, 2006 7:30 PM Albert Krupski Jr. Seconder ???????? Louisa P. Evans Voter ???????? Scott Russell Voter ???????? Public Hearing #2 5:05 P.M.- PHPDRE A UBLIC EARING FOR THE URCHASE OF A EVELOPMENT IGHTS ASEMENT ON A PPOSJ. M ORTION OF THE ROPERTY WNED BY ANDRA EYER NOTICE IS HEREBY GIVEN THAT COUNCILMAN WICKHAM: pursuant to the provision of Chapter 25 (Agricultural Lands) and Chapter 6 (2% Community Preservation Fund) sets Tuesday, January 31, of the Town Code, the Town Board of the Town of Southold hereby 2006 at 5:05 p.m., Southold Town Hall, 53095 Main Road, Southold, New York, as the time and place for a public hearing for the purchase of a development rights easement on a portion of the property owned by Sandra J. Meyer. Said property is identified as SCTM #1000-96-5-14 and part of #1000-102-2-23.5. The address is 31025 Route 25, Cutchogue, New York, and is located on the northerly side of Route 25, approximately 1,615 feet northeasterly from the intersection of Depot Lane and Route 25 in Cutchogue in R-40 and A-C zoning districts. The proposed acquisition is for an additional development rights easement of 6.0 acres (subject to survey) on the 20.166 acre parcel. There is an existing 9.0 acre development rights easement on the northerly portion of this parcel having previously been purchased by the Town of Southold in 2004. The exact area of the purchase is subject to a Town-provided survey acceptable to the Land Preservation Committee. The purchase price is $45,000 (forty-five thousand dollars) per buildable acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. We have the Land Preservation Coordinator here and I will just let her speak at this time. MELISSA SPIRO, LAND PRESERVATION COORDINATOR: I am Melissa Spiro, I am the Land Preservation Coordinator. As noted, the hearing is for the purchase of a developments rights easement on approximately six acres on the Meyer property in Cutchogue. The farm is located just west of the King Kullen shopping center and currently has a farmstand on Main Road. The property has some preservation history and I wanted to just take a couple of minutes Page 72 January 31, 2006 Town of Southold Board Meeting to highlight a few things. Sandy Meyer was part-owner of what was originally a 43 acre farm, known as the Scott Farm. In 2001, the landowners offered and the Town purchased the development rights easement on 23 of the 43 acre farm. This left approximately 20 acres on which the developments rights remained intact. The landowners went before the Planning Board, they subdivided the large farm into two smaller farms, one farm was made up entirely of the 23 acres of the developments rights easement and the other farm was the remaining 20 acres with the developments right intact. In 2004, the landowners decided that they wanted to sell the development rights to the Town on an additional nine acres of the 20 acre farm and the Town purchased the nine acre easement. This left approximately 11 acres, including the residential dwelling and farmstand, fronting on Main Road, with the development rights intact. In 2005, Sandra Meyer made an application to sell an additional six acres to the Town. The purchase of the developments rights easement on this additional six acres is the subject of tonight’s hearing. The easement includes 60 feet of frontage to the west of the existing farmstand, it goes back into the interior of the property and is adjacent to the already protected farmland. Once the Town completes this purchase, 38 acres of the 43 acre parcel will be protected with Town owned development right easements. The majority of the property is located within the AC zoning district, it is included on our Community Preservation Fund and it is shown on our farmland inventory as land that is in active farming. In addition to the prior purchases mentioned, the Town owns the development rights on the properties to the east and to the west of the northerly part of the farm. The farm is located in one of the largest protected blocks of farmland within the Town of Southold. The purchase price as mentioned is $45,000 an acre. The Land Preservation Committee and I support this development rights acquisition and we recommend that the Town Board proceed with the acquisition. Once the Town Board elects to purchase this property, we plan to move quickly towards the closing of this acquisition and we are hoping to close within the next two weeks. I would like to thank Sandra Meyer, who has sat through this whole long evening, sitting over here, for offering development rights to us on this significant piece of farmland. Thanks. SUPERVISOR RUSSELL: Thank you. Would anybody like to address the Board on this purchase? (No response) We will close this hearing. 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 Albert Krupski Jr. Voter ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter ???????? COUNCILMAN WICKHAM: The next public hearing has to do with moving some properties onto the Community Preservation Property list and I have an interest in some of those properties, so I wish to recuse myself from this public hearing. The last public hearing I also won’t be here but I will carefully read the minutes of that hearing and take any comment that the public has on that. Page 73 January 31, 2006 Town of Southold Board Meeting Public Hearing #3 5:10 P.M. - PHPLLE, “A LLI A UBLIC EARING ON THE ROPOSED OCAL AW NTITLEDOCAL AW N RUCPPP”RAF: ELATION TO PDATING THE OMMUNITY RESERVATION ROJECT LAN EADS S OLLOWS NOTICE IS HEREBY GIVEN THAT JUSTICE EVANS: there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17th day of January, “A Local Law in relation to Updating the Community 2006 a Local Law entitled Preservation Project Plan” and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, 31st day ofJanuary, 2006 at 5:10 p.m. Southold, New York, on the at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Updating the Community The proposed Local Law entitled, Preservation Project Plan” reads as follows: LOCAL LAW NO. 2006 “A Local Law in relation to Updating the Community Preservation A Local Law entitled, Project Plan” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The following one hundred and ninety four properties listed in the attached Exhibit, totaling approximately 355 acres, are proposed to be added to the List of Eligible Parcels included in the Community Preservation Project Plan. In addition, the existing List of Eligible Parcels has been revised to delete parcels which have been preserved using various preservation methods, to delete parcels which have been developed, and to correct, where applicable, Suffolk County tax map numbers for parcels included on the existing List of Eligible Parcels. The preservation and protection of these properties falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, establishment of parks, nature preserves and recreational areas, preservation and protection of open spaces, agricultural lands and scenic values, protection of wetlands, protection of significant biological diversity and protection of unique and threatened ecological areas. II. Chapter 6 of the Code of the Town of Southold is hereby amended as follows: § 6-50. Community Preservation Project Plan adopted. A. For the reasons set forth in §6-45 hereof, the Town Board of the Town of Southold hereby approves and adopts the Community Preservation Project Plan prepared by the Town’s Planning Department, the Land Preservation Committee, the Peconic Land Trust and Central Data Processing and presented to the Town Board on August 4, 1998, during the Work Session portion of the Town Board meeting, said plan being intended to constitute the Southold Community Preservation Project Plan which is required by §64-e of the New York Town Law and Article I of Chapter 6 of the Southold Town Code. Page 74 January 31, 2006 Town of Southold Board Meeting B. The Town Board of the Town of Southold hereby approves and adopts the January 2003 update to the Community Preservation Project Plan prepared by the Land Preservation Department and Central Data Processing Department and presented to the Town Board on January 21, 2003, during the Work Session portion of the Town Board meeting. The 1998 List of Eligible Parcels shall be replaced by the January 2003 List of Eligible Parcels presented to the Town Board during the January 21, 2003, Work Session. C. The Town Board of the Town of Southold hereby approves and adopts the March 2005 update to the Community Preservation Project Plan which adds certain parcels in the Great Pond Wetland and Dune Area in Southold to the List of Eligible Parcels. The text of the plan adopted by the Town Board in 1998 (Plan dated July 1998) shall remain as adopted in 1998, with an updated March 2005 Executive Summary and updated cover pages. The January 2003 List of Eligible Parcels shall be revised as of March 29, 2005 to include the identified Great Pond Wetland and Dune Area Parcels. D. The Town Board of the Town of Southold hereby approves and adopts the January 2006 update to the Community Preservation Project Plan which adds one hundred ninety four (194) parcels totaling approximately three hundred and fifty five (355) acres to the List of Eligible Parcels. In addition, the existing List of Eligible Parcels has been revised to delete parcels which have been preserved using various preservation methods, to delete parcels which have been developed, and to correct, where applicable, Suffolk County tax map numbers for parcels included on the existing List of Eligible Parcels. The text of the plan adopted by the Town Board in 1998 (Plan dated July 1998) shall remain as adopted in 1998, with an updated January 2006 Executive Summary and updated cover pages. The January 2003 List of Eligible Parcels shall be replaced with the January 17, 2006 List of Eligible Parcels. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this Law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. DIST PRTKEY ACREAGE Priority 1000 15.-8-33 2.9 BD 1000 19.-1-15.5 1.97 A 1000 19.-1-15.6 2.22 A 1000 19.-1-15.7 1.94 A 1000 19.-1-15.8 5.06 AD 1000 20.-3-4.1 7.4 ABD 1000 22.-3-26 2.41 AD Page 75 January 31, 2006 Town of Southold Board Meeting 1000 23.-2-8 0.5 AF 1000 27.-2-2.4 11.29 AD 1000 27.-2-2.8 4.95 A 1000 27.-3-3.14 1.93 A 1000 27.-3-7.2 2.3 AD 1000 27.-4-9.4 2.13 A 1000 27.-4-10.5 1.66 A 1000 27.-4-10.6 1.93 A 1000 31.-7-7 5.86 ADF 1000 31.-7-10 2.37 ADF 1000 31.-7-20 9.06 ADF 1000 31.-16-6 1.04 AD 1000 32.-1-2.1 1.74 AD 1000 32.-1-4.1 1.61 AD 1000 32.-1-5 0.76 AD 1000 32.-1-10 1.04 AD 1000 32.-1-11 0.92 AD 1000 32.-1-12.1 4.96 AD 1000 32.-1-12.3 1.27 AD 1000 32.-1-14.2 2.05 AD 1000 34.-1-7 7.8 BCD 1000 35.-2-12 9.38 AB 1000 35.-3-12.3 7.75 AD 1000 35.-3-12.4 3.84 AD 1000 35.-3-12.8 1.56 AD 1000 43.-2-6 0.75 AD 1000 45.-4-3.1 1.57 AD 1000 45.-4-4.1 0.98 AD 1000 45.-6-1 1.29 AD 1000 45.-6-2 3.29 AD 1000 45.-6-9.1 1.7 AD 1000 45.-6-9.2 1.6 AD 1000 45.-6-9.3 1.6 AD 1000 52.-5-62 0.99 AD 1000 53.-2-7 0.25 AD 1000 53.-3-7 0.96 AD 1000 53.-3-9 0.5 AD 1000 53.-3-11 0.43 AD 1000 56.-2-12 0.54 AD 1000 56.-2-13 0.55 AD 1000 56.-2-14 0.64 AD 1000 56.-2-15 0.59 AD 1000 56.-2-16 0.59 AD 1000 56.-2-17 0.51 AD 1000 56.-4-2 0.2 AD 1000 56.-5-12.1 0.56 DAB 1000 56.-6-1 2.37 ADF 1000 56.-6-11.1 0.54 AD 1000 56.-6-11.2 0.57 AD Page 76 January 31, 2006 Town of Southold Board Meeting 1000 57.-1-35 0.73 ADF 1000 57.-2-42.1 3.4 AD 1000 58.-1-2.2 7.13 ABFGI 1000 58.-1-3 8.55 ABFGI 1000 63.-7-27 0.08 A 1000 64.-1-8 0.21 A 1000 66.-1-37 4.62 ADF 1000 66.-3-13 0.33 A 1000 66.-3-14 1.03 A 1000 68.-1-7 5.34 ABFGI 1000 68.-1-8 2.97 ABFGI 1000 68.-1-9 4.04 ABFGI 1000 68.-1-10 5.04 ABFGI 1000 68.-1-11 4.07 ABFGI 1000 68.-1-13.3 9.1 ABFGI 1000 68.-1-14.2 1.8 ABFGI 1000 69.-3-11 7.86 AD 1000 74.-1-3 0.48 BD 1000 78.-3-12.1 5.46 AD 1000 86.-2-1.4 2.66 ADF 1000 87.-3-61 0.72 AD 1000 87.-5-23.6 0.93 AD 1000 88.-5-41 2.8 AD 1000 89.-1-1 4.05 AD 1000 89.-2-1 2.8 ADF 1000 89.-2-3 0.46 AD 1000 97.-2-10 1.66 AD 1000 97.-2-13.4 4.73 AD 1000 97.-2-21 3.06 AD 1000 97.-6-2 3.13 ADF 1000 97.-8-20.1 1.45 AD 1000 97.-8-24 0.2 AD 1000 103.-1-19.8 0.92 AD 1000 103.-6-8.2 3.21 AD 1000 103.-13-1.2 1.02 ADF 1000 104.-5-1.2 2.84 ADF 1000 104.-5-1.4 1.5 ADF 1000 104.-8-9 0.98 ADF 1000 109.-5-16.1 6.87 AB 1000 109.-6-15 7.12 AB 1000 110.-7-25 2.71 ADF 1000 111.-1-3 0.2 ADF 1000 111.-1-4 0.07 ADF 1000 111.-1-5 0.05 ADF 1000 111.-1-8.2 0.07 ADF 1000 111.-1-9 0.05 ADF 1000 111.-1-10 0.06 ADF 1000 111.-1-11 0.07 ADF 1000 111.-1-15 0.09 ADF Page 77 January 31, 2006 Town of Southold Board Meeting 1000 111.-1-17.1 0.14 ADF 1000 111.-1-17.2 0.12 ADF 1000 111.-1-20 0.02 ADF 1000 111.-1-21 0.01 ADF 1000 111.-1-23.1 0.31 ADF 1000 111.-1-24 0.12 ADF 1000 111.-1-34 0.35 ADF 1000 111.-1-38 0.27 ADF 1000 111.-10-1.1 0.16 ADF 1000 111.-10-1.2 0.35 ADF 1000 111.-10-2 0.33 ADF 1000 111.-10-3 0.42 ADF 1000 111.-10-4 0.4 ADF 1000 111.-10-5 0.35 ADF 1000 111.-10-10 0.44 ADF 1000 111.-10-15 1.31 A 1000 111.-10-18.2 1.06 A 1000 111.-14-5.3 2.35 ADF 1000 111.-14-6 0.8 ADF 1000 113.-2-26 9.87 A 1000 115.-3-21 0.53 ADF 1000 115.-5-5 0.45 ADF 1000 115.-5-6 0.47 ADF 1000 115.-5-8 0.5 ADF 1000 115.-5-9 0.47 ADF 1000 115.-5-18 3.71 ADF 1000 115.-9-7 2.38 AD 1000 115.-11-24 0.32 AD 1000 115.-11-25 0.92 AD 1000 116.-3-13 2.87 ADF 1000 116.-4-2 0.34 AD 1000 116.-4-3.2 1.89 AD 1000 116.-4-4 0.31 AD 1000 116.-4-5 0.03 AD 1000 116.-4-6 0.09 AD 1000 116.-4-7 0.16 AD 1000 116.-4-8.1 0.29 AD 1000 116.-4-8.2 0.29 AD 1000 116.-4-9 0.59 AD 1000 116.-4-12.1 0.54 AD 1000 116.-6-17.1 1.66 ADF 1000 117.-1-1 0.12 ADF 1000 117.-1-2 0.14 ADF 1000 117.-1-3 0.2 ADF 1000 117.-1-4 0.33 ADF 1000 117.-1-5 0.34 ADF 1000 117.-1-6 0.29 ADF 1000 117.-1-7 0.16 ADF 1000 117.-1-8 0.11 ADF Page 78 January 31, 2006 Town of Southold Board Meeting 1000 117.-1-9 0.02 ADF 1000 117.-1-10 0.07 ADF 1000 117.-1-11 0.09 ADF 1000 117.-1-12 0.09 ADF 1000 117.-1-13 0.06 ADF 1000 117.-1-14 0.04 ADF 1000 117.-1-15 0.08 ADF 1000 117.-1-16 0.06 ADF 1000 117.-1-17 0.12 ADF 1000 117.-5-14.2 0.17 ADF 1000 117.-5-43 0.15 ADF 1000 117.-5-44 0.19 ADF 1000 117.-6-14.1 2.67 AD 1000 117.-8-20 0.87 ADF 1000 117.-10-20.8 0.13 ADF 1000 118.-1-3.1 2.05 ADF 1000 118.-1-10 0.83 ADF 1000 122.-4-44.6 1.25 AD 1000 122.-6-28 4.6 AD 1000 126.-4-2.1 0.68 AD 1000 126.-4-5.1 0.7 AD 1000 127.-2-5.3 5.65 AD 1000 127.-2-7.1 4.18 AD 1000 127.-3-3 2.45 A 1000 127.-3-8 5.63 AD 1000 127.-3-9.2 2.09 AD 1000 127.-3-10.1 5.2 AD 1000 127.-8-13 1.53 AD 1000 127.-8-17.2 0.75 AD 1000 136.-2-3.1 0.68 AD 1000 136.-2-5 0.45 AD 1000 136.-2-8.1 1.39 ADF 1000 136.-2-9 0.26 ADF 1000 136.-2-10 0.37 ADF 1000 138.-1-3 0.22 AD 1000 138.-1-14.1 3.9 AD 1000 138.-2-35 0.07 ADF 1000 138.-2-36 0.04 ADF 1000 138.-2-37 0.03 ADF 1000 138.-2-38 0.04 ADF This has been advertised as a legal in the official paper and has been posted on the Town Clerk’s bulletin board and there is no correspondence. TOWN ATTORNEY FINNEGAN: I just have one amendment. Since the time that it was noticed, it came to our attention that there were six parcels that were included on the list of 194 that were erroneously added. Either they had already been developed or for other reasons. So Page 79 January 31, 2006 Town of Southold Board Meeting those six parcels are going to be removed from the final list. I can tell you what they are and the language of the purpose and the language of the actual law will reflect that the update will be a January 31, 2006 list instead of January 17, 2006. It will have 188 properties and the total acres is 350. I will just give you the tax map numbers: 45-4-3.1; 111-1-8.2; 111-10-5; 111-10-15; 117-1-16 and 136-2-8.1. Those six parcels will be removed from the list that would be adopted. SUPERVISOR RUSSELL: Are there any comments on this? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Melissa Spiro, Land Preservation Coordinator. In 1998, in accordance with what was then the newly adopted Peconic Bay Region Community Preservation Fund, known also as the Community Preservation Fund, the 2 % Fund, the 2 % Real Estate Transfer tax; the Town adopted a Community Preservation Plan. The Plan contained text in regard to preservation efforts, strategies and conservation tools. In addition, as required by the law, the Plan contained a list of eligible parcels. As per the law, in order for the Town to use the Community Preservation Fund to purchase a property or an interest in a property such as an easement, the property being purchased must be included on the list of eligible parcels. When a parcel is listed on the list of eligible parcels, it does not obligate the landowner to anything. All of our preservation programs are voluntary. That means the landowner has to want to sell or donate his or her property or an interest in the property. If the landowner wants to sell or donate the property for preservation purposes, if the property is on the list, it allows the Town to use the Community Preservation Fund for the purchase. After the initial adoption, the Town updated the list of eligible parcels in January ’03 and again in March ’05. Tonight’s hearing, as noted, involves revising the list by adding 188 which total approximately 350 acres. The 188 properties were added for a variety of reasons. Some parcels are involved in active applications before the Town within areas of active preservation efforts and the preservation of these parcels is in accordance with the purposes of the Community Preservation Plan. Other parcels were identified as part of the Peconic Estuary’s programs critical land protection strategy as being a high priority parcel for preservation. The parcels identified in this manner were added since protection of these parcels in also in accordance with the purposes of the Community Preservation Plan. Letters were sent to all of the landowners on the properties being added. I have talked to or e-mailed quite a few of the landowners. We met in the lobby before who were lucky enough to be able to go home and have their dinner, rather than sitting through the lengthy prior hearing. Some of the landowners we have talked to are interested in preservation now and I have outlined the Town’s preservation process to them. Adoption of this local law to the update of the Community Preservation Plan will not change the actual text of the plan, however, the existing list of eligible parcels will be replaced by the new st list. The new list, as mentioned, will be known as the January 31 list of eligible parcels. It will include the parcels added tonight, together with the old list and the parcels that were on there before. The new updated list includes 947 parcels totaling 10,790 acres. The Community Preservation Plan map, which is in front here, shows the parcels already on the list as orange and the parcels to be added to the plan as red. Once this local law gets adopted, the red parcels will then be changed to orange. The parcels in green indicate parcels within the Town which are already preserved. There are 672 preserved parcels, totaling 9,551 acres. That includes land that was preserved through every method since the Town of Southold started a long time ago. The parcels proposed to be added to the plan are all worthy of some type of preservation, should the Page 80 January 31, 2006 Town of Southold Board Meeting landowners be interested in doing so and I encourage the Board to adopt this local law to add them to our community preservation plan. Before I close, I would like to take this opportunity to note that the Community Preservation Plan is legally known as the Peconic Bay Region Community Preservation Fund. Many people confuse this with the non-profit land conservation organization known as the Peconic Land Trust. I would just like to point out that the Peconic Land Trust, other than having a similar name, is not involved at all with the Peconic Bay Community Preservation Fund. The Peconic Land Trust does not collect the funds from the tax or administer the fund. The money all goes to the Town to use for our community preservation project plan. Okay? If there are any other questions, I think I have answered almost everything out in the hall but maybe there is more. STANLEY KEATING: My name is Stanley Keating, I am from Cutchogue. I didn’t know who you were so I had to sit through the housing thing but I have two particular questions. One, this is definitely a voluntary program, is that correct? MS. SPIRO: Yes. MR. KEATING: The second thing is, I noticed that you mentioned in your letter that use of the property is unencumbered. My question is, is sale of the property unencumbered? If one joins this plan, does one have to sell the property to the Town’s preservation plan or is it still… SUPERVISOR RUSSELL: Actually, no. All it does is it presents the owner with the opportunity to sell it to the Town, should they decide to go that route. It is virtually unrestricting in every other sense of the word. If I have property on this list, I let the Town enroll it on this list, I can still do with that property whatever I see fit. Sell it, subdivide, develop it, whatever I want to do. It merely allows the Town to wade in as an option for you as an owner to decide if you want to discuss that preservation route with the Town or that wholesale or bargain or sale deed to the Town. Without the property being on the list, the Town can’t exercise any of its CPF money in the acquisition of the property. It provides owners with another option, another buyer on the market. That is all this is really going to, if I am not mistaken. MS. SPIRO: That is correct. COUNCILMAN ROSS: Is he mistaken? MS. SPIRO: No, he is not. SUPERVISOR RUSSELL: I have known you a long time, Mr. Keating, would I steer you wrong? How are you, good to see you? I haven’t seen you in a long time. MR. KEATING: Congratulations. SUPERVISOR RUSSELL: Thank you very much. Anybody else? Mr. Domino? Page 81 January 31, 2006 Town of Southold Board Meeting MICHAEL DOMINO: Good evening, Mike Domino, President of NFEC, I would like to speak in favor of this local law. I would like to commend Melissa for the hard work that she does and the Board for this type of long range comprehensive planning foresight. Thank you very much. SUPERVISOR RUSSELL: Thank you. Anybody else like to comment on this? Yes, Mr. Nickles. JOHN NICKLES, JR.: I am not speaking against this proposal although I do have criticisms of it. I look at the proposal and I see that most of the lots are an acre or less or at least a couple of acres or less and it is not that I had time to go through everyone of these and figure out whether they were buildable or not or whether we were worthy of protection but by simply looking at the list and simply by looking up some of these, some of these parcels have very little wetlands on them. They might have some open space characteristics that may be are worthy of preserving but some of the ones that have very little environmental attributes to them, where they are environmentally sensitive, those are the ones that are going to be very, very expensive for the Town to preserve. And I would just like the Town, if they are going to adopt this list I think what they need to do is they need to look further into what it is that they are preserving and maybe even develop some further kind of ranking system that would show that the Town is getting the best bang for their buck. I am generally against preserving in-fill parcels in developed areas, as opposed to, I just think the money can be better spent preserving properties in areas where there is a lot of preservation than to preserve properties in areas where there is a lot of development. Just as a planning concept you are going to get a lot more bang for your buck if you are able to continually add to contiguous preserved parcels out in the farm belt or in some open space area than riddled through the developed communities of the Town. That is my only criticism or suggestion on this. SUPERVISOR RUSSELL: Thank you, John. Actually some of your sentiment I have heard from other people. Just so you know, this is just a list. The criteria under which we acquire, willingly go out and buy, is a separate issue. This is just merely expanding our opportunities. MS. SPIRO: I would just like to add to that, also. Just being on the list does not mean we are actually going to go out and purchase that property at a high price. Being on the list also enables someone to donate the land to the Town and it enables us to use, when someone donates land to the Town, we do have expenses; doing a survey and doing stuff like that. It enables us to use the 2 % fund just for that. So it is not necessarily just going out there and buying the property at full market value, like that. We do in some cases and in many cases buy it at full market value but it enables us to accept donations also and bargain sales and things like that. I did have one other comment and that was one that a gentleman I met with in the hall, had a list of prepared questions. I addressed all of his questions satisfactorily, however at the bottom he had some comments about something else that had to do with stormwater runoff and I told him I would give that to you. SUPERVISOR RUSSELL: Okay. Thanks. Any other comments? (No response) Can I have a motion to close the hearing? Page 82 January 31, 2006 Town of Southold Board Meeting Vote Record - Public Hearing #3 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Voter ???? Daniel C. Ross Voter ???????? ?Adjourned Thomas H. Wickham Voter ???????? ??Closed Albert Krupski Jr. Seconder ???????? Louisa P. Evans Voter ???????? Scott Russell Initiator ???????? Public Hearing #4 5:15 P.M.- PHPOSPC A UBLIC EARING FOR THE URCHASE OF PEN PACE ON ROPERTY URRENTLY OPLT(F/K/A PP) WNED BY ECONIC AND RUST ALMERI ROPERTY NOTICE IS HEREBY GIVEN THAT COUNCILMAN WICKHAM: pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (2% Community Preservation sets Tuesday, Fund) of the Town Code, the Town Board of the Town of Southold hereby January 31, 2006, at 5:15 p.m., Southold Town Hall, 53095 Main Road, Southold, New York, as the time and place for a public hearing for the purchase of open space on property currently owned by Peconic Land Trust (f/k/a Palmeri property). Said property is identified as SCTM #1000-56-5-12.1. The address is 945 Budd's Pond Road, Southold, New York, and is located on the easterly side of Budd's Pond Road approximately 800 feet from the intersection of Budd's Pond Road and Bay Home Road in Southold. The proposed acquisition is for open space and comprises approximately 0.5 acre (subject to survey). The property, having been purchased by the Peconic Land Trust from Irwin and Saundra Palmeri as a bargain sale, has been offered for sale to the Town of Southold, at the same bargain sale purchase price plus acquisition costs associated with the transfer of title. The purchase price for this open space parcel is $5,000 (five thousand dollars) plus acquisition costs. The subject property contains mostly wetlands and borders on Budd's Pond and an existing canal off Budd's Pond. The preservation and protection of this property falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, preservation and protection of open spaces and scenic values, protection of wetlands, and undeveloped shorelines, establishment of parks/nature preserves and recreational areas, and protection of unique and threatened ecological areas. The property is not listed on the Town's 2003 Community Preservation Project Plan List of Eligible parcels; however, it is proposed to be added to the plan after a public hearing to amend the List of Eligible parcels is held on January 31, 2006. As per Chapter 87 (Transfer of Development Rights) of the Code of the Town of Southold, Section 87-5, the Land Preservation Coordinator has determined that it is unlikely that the parcel is buildable; therefore, no Sanitary Flow Credit is available from this purchase. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the Land Preservation Department, Southold Town Hall Annex, 54375 Page 83 January 31, 2006 Town of Southold Board Meeting Route 25, Southold, New York, and may be examined by any interested person during business hours. This was posted on the Town Clerk’s bulletin board and placed as a legal in the official newspaper and there was no correspondence. SUPERVISOR RUSSELL: Okay, we are at the public comment section of this hearing. Melissa. MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Melissa Spiro, Land Preservation Coordinator. Alright, I will try to make this quick. The hearing involves an environmentally sensitive lot with an established subdivision. The half acre property contains a significant amount of wetlands and borders on Budds Pond and an existing canal off Budds Pond. The property was offered to the Town by the landowners in the fall for a purchase price of $5,000. The landowners wished to close on the property prior to the end of 2005. The Town wasn’t sure if they would be able to close within the required time frame, so the Peconic Land Trust helped the Town facilitate the purchase by closing with the landowner within the required timeframe, with the intent of selling the property to the Town in early 2006. As you know, the property was just added to the Community Preservation Fund by the update that we just did. The Town is now in the position to use funding from the Community Preservation Fund to purchase this property. The Peconic Land Trust purchased the property from the Palmeri’s as a bargain sale and the Trust is selling it to the Town of Southold at the same bargain sale price of $5,000 plus acquisition costs. I thank both the Palmeri’s for offering it and the Peconic Land Trust for helping us facilitate this action. I recommend that the Town Board proceed with the resolution to purchase this property and this will enable the Town to close with the Peconic Land Trust in the next few weeks. Thanks. SUPERVISOR RUSSELL: Am I allowed to ask a question of you, Melissa? MS. SPIRO: You are. SUPERVISOR RUSSELL: This is a small piece of property in an existing subdivision with a homeowners association, why does the Town want to assume the responsibility of maintenance of this property? It is already protected by statute. I think they tried to get a building permit and they exhausted it. MS. SPIRO: They tried to get a building permit and they stopped trying to get a building permit and they offered it for sale to the Town. I wouldn’t say it is already protected, no property is protected unless it preserved… SUPERVISOR RUSSELL: They have exhausted their statute, didn’t they? They tried. MS. SPIRO: No. TOWN ATTORNEY FINNEGAN: They didn’t exhaust their…. Page 84 January 31, 2006 Town of Southold Board Meeting MS. SPIRO: No, they didn’t. SUPERVISOR RUSSELL: Okay. Fair enough. Thank you. Would anybody like to comment on this? (No response) We will close the hearing. Vote Record - Public Hearing #4 ? Yes/Aye No/Nay Abstain Absent William P. Edwards Voter ???? Daniel C. Ross Seconder ???????? ?Adjourned Thomas H. Wickham Voter ???????? ??Closed Albert Krupski Jr. Voter ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter ???????? RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at ___7:05___ P.M. Vote Record - Motion to Adjourn Town Board Meeting ? Yes/Aye No/Nay Abstain Absent William P. Edwards Voter ???? Daniel C. Ross Seconder ???????? ?Adopted ??Defeated Thomas H. Wickham Voter ???????? ??Withdrawn Albert Krupski Jr. Voter ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter ???????? * * * * * Elizabeth A. Neville Southold Town Clerk Page 85