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Home My WebLink AboutAG-09/05/2006 ELIZABETH A. 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 AGENDA SOUTHOLD TOWN BOARD September 5, 2006 7:30 PM Attendee Name Present Absent Late Arrival Councilman Albert Krupski Jr. ??? Councilman William P. Edwards ??? Councilman Daniel C. Ross ??? Councilman Thomas H. Wickham ??? Justice Louisa P. Evans ??? Supervisor Scott Russell ??? Deputy Town Clerk Linda J Cooper ??? Assistant Town Attorney Kieran Corcoran ??? POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. Call to Order. Pledge of Allegiance. I. REPORTS 1. Recreation Department Monthly Report July 2006 II. PUBLIC NOTICES 1. Public Health Hearing September 13, 2006 6:00 p.m. to 8:00 p.m. 2. NYS DEC Notice of Complete Application Goose Island Corp Property, 49 Central Ave, Fishers Island, NY 3. Renewal of NYS Liquor Authority Farm Winery License Joseph Paul Winery, Inc. (Vineyards 48), 18910 Middle Rd., Cutchogue Southold Town Meeting Agenda - September 5, 2006 Page 2 III. COMMUNICATIONS IV. DISCUSSION 1. Animal Shelter Construction Re-bid Package 2. 9:00 A.M. - Community Development Corporation C & R's Suffolk County Development Agreement 3. ZBA Filing Fee Schedule 4. 11:00 A.M. Hamlet Stakeholders Mini Master Plan John Sepenoski & Mark Terry 5. 11:30 A.M. Targeted Farmland Preservation Fund 6. 12:00 Noon - Lunch 7. 1:00 P.M. Executive Session Cross Sound Ferry 8. Nature Conservancy Meeting - 9/12/06 9. Peconic Recycling & Transfer 10. Size, Height & Setback Standards Accessory Buildings 11. Proposal to Raise Fines for Code Violations 12. Strawberry Fields Request of Mattituck Lions Club 13. Cablevision Commission Mission Statement 14. Hiring Policy Resolution 15. Proposed Chapter 34 Mooring & Anchoring Southold Town Meeting Agenda - September 5, 2006 Page 3 V. MINUTES APPROVAL 1. Tuesday, August 08, 2006 VI. RESOLUTIONS 2006-707 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit 9/5/06 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby September 5, 2006. Vote Record - Resolution RES-2006-707 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-708 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Town Board Meeting on September 19, 2006 4:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, at the Southold Town Hall, Southold, New York at P. M.. Vote Record - Resolution RES-2006-708 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-709 CATEGORY: Attend Seminar DEPARTMENT: Building Department Southold Town Meeting Agenda - September 5, 2006 Page 4 Grant Permission to Chief Building Inspector Michael Verity and Fire Inspector Robert Fisher to Attend a Seminar on Code Enforcement Disaster Assistance Response In Brentwood RESOLVED grants permission to Chief that the Town Board of the Town of Southold hereby Building Inspector Michael Verity and Fire Inspector Robert Fisher to attend a seminar on Code Enforcement Disaster Assistance Response in Brentwood, on November 14, 2006. All expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2006 Building Department budget (meetings and seminars). Vote Record - Resolution RES-2006-709 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-710 CATEGORY: Budget Modification DEPARTMENT: Public Works Modify the 2006 General Fund Whole Town - Off Street Parking Budget RESOLVEDmodifies the 2006 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: From: A.5650.4.100.905 Off-Street Parking, C.E. Asphalt $ 900 To: A.3310.4.100.995 Traffic Control, C.E. Signs & Sign Parts $ 900 Vote Record - Resolution RES-2006-710 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell Southold Town Meeting Agenda - September 5, 2006 Page 5 2006-711 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Mods RESOLVEDmodifies the 2006 that the Town Board of the Town of Southold hereby Solid Waste Management District budget as follows: From: SR 8160.4.100.250 (Heating Fuel) $ 3,000 SR 8160.4.100.525 (Payloader/Truck Tires) 2,000 SR 8160.4.100.560 (Maint – CAT IT12) 7,000 SR 8160.4.100.566 (Maint – CAT Quarry Truck) 1,000 SR 8160.4.100.573 (Maint – Trommel Screen) 1,000 SR 8160.4.100.590 (Maint – Mack Tractor) 500 SR 8160.4.100.615 (Maint/Supply CAT 816) 2,000 SR 8160.4.100.660 (Paper Leaf Bags) 2,500 SR 8160.4.400.100 (Engineering) 1,000 SR 8160.4.600.200 (Meetings & Seminars) 2,000 To: SR 8160.4.100.550 (Maint-Komatsu Loader) $ 2,000 SR 8160.4.100.596 (Maint/Supply Grinder) 7,000 SR 8160.4.100.600 (Misc. Equip. Maint/Supply) 500 SR 8160.4.100.650 (Town Garbage Bags) 1,000 SR 8160.4.400.650 (Repairs CAT IT12) 11,500 Vote Record - Resolution RES-2006-711 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-712 CATEGORY: Budget Modification DEPARTMENT: Recreation Modify the General Fund Whole Town 2006 Budget - Recreation Southold Town Meeting Agenda - September 5, 2006 Page 6 RESOLVEDmodifies the General Fund that the Town Board of the town of Southold hereby Whole Town 2006 budget as follows: FROM: A7180.4.400.200 (Water testing for beaches) $ 444.00 A7020.4.100.100 (Office Supplies/Materials) $ 500.00 A7020.4.600.200 (Meetings & Seminars) $ 600.00 A7020.2.500.300 (Recreation Equipment) $ 348.06 TO: A7020.4.400.300 (Printing – Brochure) $1,650.00 A7020.4.600.300 (Travel Reimbursement) $ 242.06 Vote Record - Resolution RES-2006-712 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-713 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire Seasonal Clerk - Tax Receivers Office -Volins RESOLVEDappoints Patricia Volinski that the Town Board of the Town of Southold hereby to the position of a Seasonal Clerk for the Tax Receivers Office, effective December 1, 2006, at a rate of $12.74 per hour. Vote Record - Resolution RES-2006-713 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-714 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Authorize and Direct Supervisor Scott A. Russell to Execute an Agreement Between the Town of Southold Southold Town Meeting Agenda - September 5, 2006 Page 7 and the New York State Department of Transportation RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an agreement between the Town of Southold and the New York State Department of Transportation entitled Master Federal Aid and Marchiselli Aid Project Agreement for the North Fork Trail, Scenic Byway Interpretive Signage and Facilities Project. Vote Record - Resolution RES-2006-714 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-715 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Approves and Authorizes Supervisor Scott A. Russell to Execute the Development Agreement (And the Incorporated Development Plan) Among the County of Suffolk, the Town of Southold and CDCLI Housing Development Fund Corp. RESOLVEDapproves and authorizes that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Development Agreement (and the incorporated Development Plan) among the County of Suffolk, the Town of Southold and CDCLI Housing Development Fund Corp. , regarding the transfer of land for the purposes of providing affordable housing at The Cottages at Mattituck and for the County’s financial contribution to that project, in substantially the form of the August 25, 2006 version of that Agreement provided by Suffolk County, subject to the approval and modification of the Town Attorney. Vote Record - Resolution RES-2006-715 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell Southold Town Meeting Agenda - September 5, 2006 Page 8 2006-716 CATEGORY: Affordable Housing DEPARTMENT: Town Attorney Approves the Declaration of Covenants and Restrictions for Affordable Housing At the Cottages At Mattituck RESOLVEDapproves the Declaration that the Town Board of the Town of Southold hereby of Covenants and Restrictions for Affordable Housing at The Cottages at Mattituck , in accordance with Article VI of Chapter 280 of the Town Code of the Town of Southold, to provide for the perpetual affordability of the units created by that project, in substantially the form of the August 28, 2006 draft version of such Covenants and Restrictions, subject to the approval and modification of the Town Attorney. Vote Record - Resolution RES-2006-716 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-717 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk Grant Permission to James Richter to Attend a Auto Cad Computer Training Course In Hauppauge RESOLVED grants permission to James that the Town Board of the Town of Southold hereby Richter to attend a Auto Cad Computer Training Course in Hauppauge, on September 6, 13, 21 and 28, 2006. All expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2006 A.1680.4.400.200 budget (Computer Training). Vote Record - Resolution RES-2006-717 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell Southold Town Meeting Agenda - September 5, 2006 Page 9 2006-718 CATEGORY: Affordable Housing DEPARTMENT: Town Clerk Amend Resolution 2006-340, Adopted At the April 11, 2006 Regular Town Board Meeting - CDCLI RESOLVED amends resolution 2006- that the Town Board of the Town of Southold hereby 340, adopted at the April 11, 2006 regular Town Board meeting to read as follows: WHEREAS, the Town of Southold has established a Transfer of Development Rights Program whereby Sanitary Flow Credits can be transferred into a TDR Bank from open space lands purchased by the Town of Southold; and WHEREAS the TDR Bank currently has 21.4 credits on deposit from lands purchased by the Town of Southold that are located within the Mattituck-Cutchogue School District; and CDCLI WHEREAS an application for transfer of Sanitary Flow Credits was filed by the Housing Fund Development Corporation on March 2, 2006 seeking transfer of 12 credits to the property known as SCTM# 1000-122-2-23.1 located on Sound Avenue and Factory Avenues in Mattituck, in the Mattituck-Cutchogue school district; and WHEREAS the applicant seeks to utilize the credits on land designated as Affordable Housing District (AHD) to create affordable homes that will remain affordable in perpetuity, pursuant to Town Code Sections 100-50 et al, and Chapter 87; and WHEREAS the applicant seeks to utilize the credits on land within a designated receiving area; and it is hereby WHEREAS the Town Board held a public hearing on the action on March 28, 2006, at which time all persons were given the opportunity to be heard; and Southold Town Meeting Agenda - September 5, 2006 Page 10 WHEREAS the applicant modified its application and now seeks the transfer of 10 credits, to create a development of 22 affordable homes on the aforementioned property; and WHEREAS the Town Board conducted a coordinated SEQRA review of the action, and issued a Negative Declaration on April 11, 2006; and it is hereby RESOLVED that the Town Board has evaluated the effects of the proposed transfer and finds that the district contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and further finds that that there will be no significant environmentally damaging consequences and that such development is compatible with the comprehensive planning efforts of the Town, and the Town Board incorporates the report of the Planning Board dated April 10, 2006 regarding the same; and it is further RESOLVED that the Town Board of the Town of Southold hereby transfers ten (10) sanitary CDCLI Housing Fund Development flow credits from the Town TDR Bank and to the Corporation for its proposed development of 22 single family affordable homes for the “Cottages of Mattituck” development at SCTM# 1000-122-2-23.1; and it is further RESOLVED that upon issuance of the Sanitary Flow Credit Certificate, the Town Clerk shall enter this deduction of ten (10) sanitary flow credits from the Sanitary Flow Credit Log; and be it further RESOLVED that the applicant shall receive a Sanitary Flow Credit Certificate, which shall not be signed by the Supervisor and released by the Town Clerk to the applicant until the covenants and restrictions required by Town Code Section 87-9 have been filed and such filing has been approved by the Town Attorney; and be it further Southold Town Meeting Agenda - September 5, 2006 Page 11 RESOLVED that the Town Clerk shall forward this resolution to the Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database and GIS system. Vote Record - Resolution RES-2006-718 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-719 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Solid Waste Management District McLean Transfer Station Contract RESOLVEDauthorizes an increase to that the Town Board of the Town of Southold hereby the professional engineering services contract of L.K. McLean Associates, P.C. dated September 7, 2005, as amended by Town Board Resolution No. 2006-561, in the amount of $12,000 for completion of construction oversight and certification of the Cutchogue Transfer Station Project , using contingent engineering funds available in the 2006 Solid Waste Management District budget, all in accordance with the approval of the Town Attorney. Vote Record - Resolution RES-2006-719 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-720 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute a Service Agreement Between the Town of Southold and Verizon Services Corp RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute a Service Agreement between the Town of Southold Southold Town Meeting Agenda - September 5, 2006 Page 12 and Verizon Services Corp. regarding the conversion of the Town’s telephone lines to Centrex lines, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2006-720 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-721 CATEGORY: Strawberry Fields DEPARTMENT: Town Clerk Grant Permission to the Mattituck Lions Club to Use Strawberry Fields on Friday, September 29 Thru Sunday, October 1, 2006 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Mattituck Lions Club to use Strawberry Fields on Friday, September 29 thru Sunday, October 1, 2006 beginning at 8:00 AM provided that they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold and the County of Suffolk as an additional insured and notify Capt. Flatley within ten (10) days of the approval of this resolution to coordinate traffic control. Vote Record - Resolution RES-2006-721 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-722 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Amendment to Contract #C006213 Between the Town of Southold and New York State Relating to Implementation of Priority LWRP Projects RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Amendment to Contract #C006213 between the Southold Town Meeting Agenda - September 5, 2006 Page 13 Town of Southold and New York State relating to Implementation of Priority LWRP Projects , said Amendment to extend the funding for the Agreement to March 31, 2007, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2006-722 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-723 CATEGORY: Budget Modification DEPARTMENT: Human Resource Center Modify the 2006 General Fund Whole Town Budget - HRC RESOLVEDmodifies the 2006 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: From: Appropriations: A.6772.1.200.100 Programs for the Aging Part Time Earnings $1,000.00 To: Appropriations: A.3640.2.500.600 Emergency Preparedness Shelter Equipment $1,000.00 Vote Record - Resolution RES-2006-723 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-724 CATEGORY: Employment - Town DEPARTMENT: Human Resource Center Hiring Part Time Mini Van Driver/HRC Southold Town Meeting Agenda - September 5, 2006 Page 14 RESOLVEDappoints Maureen that the Town Board of the Town of Southold hereby Campbell to the position of Part Time Driver f or the Department of Human Services , effective September 11 , 2006, at a rate of $11.67 per hour. Vote Record - Resolution RES-2006-724 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-725 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Attorney Set 3Rd Day of October, 2006 At 8:00 P.M. At the Southold Town Hall, Main Road, Southold As the Time and Place for a Public Hearing Regarding the Excavation Permit of North Fork Country Club WHERE as there has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, on the 5 day of September, 2006 an application for a permit for soil removal, sand and gravel pit or other excavation purposes from the North Fork Country Club located at Route 25, Cutchogue, New York NOW, THEREFORE, BE ITRESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid application at the Southold Town Hall, 53095 Main rd Road, Southold, New York, on the 3 day of October, 2006 at 8:00 p.m. at which time all interested persons will be given an opportunity to be heard. The purpose of the permit is to excavate for an irrigation pond for the purpose of a new water source for the golf course irrigation system. The proposed pond is approximately 82,000 square feet of surface. It is estimated that approximately 17,400 cubic yards of soil will need to be excavated, with 6,301 cubic yards to be retained on site in connection with covering the PVC pond liner, and 11,099 cubic yards to be disposed off site. The complete application and site plan is available for viewing at the Southold Town Clerk’s office during normal business hours. Southold Town Meeting Agenda - September 5, 2006 Page 15 Vote Record - Resolution RES-2006-725 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-726 CATEGORY: Consulting DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute L.K. McLean Associates’ Cost Proposal Dated August 23, 2006 RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute L.K. McLean Associates’ Cost Proposal dated August 23, 2006 , for engineering services in connection with the re-bid of the Southold Town animal shelter construction project, in an amount not to exceed $8,000.00, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2006-726 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-727 CATEGORY: Employment - Town DEPARTMENT: Police Dept Change Employment Status From Seasonal to Part Time for Bay Constable Robert Conway RESOLVEDBay that the Town Board of the Town of Southold hereby changes the status of Constable Robert Conway from Seasonal to Part Time Bay Constable effective Friday, September 15, 2006. Southold Town Meeting Agenda - September 5, 2006 Page 16 Vote Record - Resolution RES-2006-727 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-728 CATEGORY: Budget Modification DEPARTMENT: Police Dept Modify the 2006 General Fund Whole Town Budget - Police RESOLVEDmodifies the 2006 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: From: A.3120.4.600.200 Police, C.E., Misc. Police Officer Training $2,373.00 To: A.3120.4.600.250 Police, C.E., Misc. FI Constable Training $2,373.00 Vote Record - Resolution RES-2006-728 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-729 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Appoint Frederick D. Bell to the Position of School Crossing Guard RESOLVEDappoints Frederick D. Bell that the Town Board of the Town of Southold hereby to the position of School Crossing Guard for the Police Department at the Pike Street and Wickham Avenue traffic post, effective September 6, 2006, at a rate of $41.89 per day. Southold Town Meeting Agenda - September 5, 2006 Page 17 Vote Record - Resolution RES-2006-729 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-730 CATEGORY: Affordable Housing DEPARTMENT: Town Attorney CDCLI Road and Subdivision Improvements for the Cottages At Mattituck WHEREAS , the Town Board of the Town of Southold has reviewed a request by CDCLI Housing Fund Development Corporation to provide for a road within its subdivision known as the Cottages at Mattituck, SCTM #1000-122-2-23.1, which will contain a section having a maximum road width of 46.5 feet; and WHEREAS , the subdivision is within the AHD Zoning District of the Town and the owner has represented to the Town that it will construct a 22 unit housing development meeting the criteria of the AHD zone and other Town requirements; and WHEREAS , the owner has advised the Town that in order for the affordable housing development to be manageable for the residents of the development, it intends to complete the road and subdivision improvements to Town specifications and offer same to the Town for dedication; and WHEREAS , Section 171 of the NYS Highway Law requires a Certificate of Necessity from the NYS Department of Transportation prior to the Town’s acceptance of dedication of such a roadway inasmuch as it is less than three rods in width; and WHEREAS , the Southold Town Highway Superintendent has certified that the road, upon construction in accordance with Town specifications and other requirements of the Planning Board and Town of Southold, will be maintainable within the diminished right of way and that it is necessary that the roadway be less than three rods in width. Southold Town Meeting Agenda - September 5, 2006 Page 18 NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold endorses the Highway Superintendent’s acceptance of the reduced road width as shown on the preliminary map approved by the Planning Board and endorsed by the Chairman, and requests the NYS Department of Transportation to issue a Certificate of Necessity under Highway Law 171 permitting the reduced road width; and it is further RESOLVED that this resolution shall not release the owner from any other conditions of the Town, the Planning Board or the Highway Superintendent in connection with the offering and acceptance of the road for dedication to the Town highway system. Vote Record - Resolution RES-2006-730 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-731 CATEGORY: Policies DEPARTMENT: Town Clerk Establish a Full Time Hiring Policy RESOLVEDestablishes the following with the Town Board of the Town of Southold hereby respect to full time hiring decision s: Department Head becomes aware that a full time position will become vacant As soon as a , advise the Town Board and the Town Comptroller by the Department Head shall memorandum of the impending vacancy and shall include in said memorandum the Department Head’s recommendation as to whether the position should be filled and, if so, confirmation that there are fund available and the particular budget line from which the funds are to be used. Southold Town Meeting Agenda - September 5, 2006 Page 19 Upon receipt of the memorandum from the Department Head, the Town Comptroller shall request that a discussion item pertaining to the impending vacancy and the Department Head’s recommendations be placed on the next Town Board work session agenda. That upon the Town Board’s determination to fill any non-competitive position, the Board shall advertisement in the town’s official newspaper direct the Town Clerk to place an seeking applications for the vacancy. In the event that the Department Head determines that an emergency situation exists that requires the filling of the position prior to the Town’s ability to advertise for the non-competitive position, the Department Head, in the memorandum advising of the vacancy, shall set forth the for the emergency situation determination and shall request that the advertising basis requirement be waived . In all other circumstances, a vacancy for a non-competitive full time position shall be advertised. Vote Record - Resolution RES-2006-731 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-732 CATEGORY: Strawberry Fields DEPARTMENT: Town Attorney Grant Permission to the Mattituck Lions Club for the Placement of Three Temporary Storage Containers In an Area Upon Strawberry Fields RESOLVED grants permission to the that the Town Board of the Town of Southold Mattituck Lions Club for the placement of three temporary storage containers in an area upon Strawberry Fields , with no part of such containers to be visible from County Route 48, for a period not to exceed one year. Southold Town Meeting Agenda - September 5, 2006 Page 20 Vote Record - Resolution RES-2006-732 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-733 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Establish Cable Television Committee, Set Forth Its Mission Statement and Direct the Town Clerk to Advertise for Members. RESOLVEDestablishes a Southold that the Town Board of the Town of Southold hereby Town Cable Television Committee and sets forth its mission statement as follows : The committee shall be constituted of five (5) individuals from the Southold Town community and appointed by the Southold Town Board to address issues regarding the cable television industry and advise the Town Board of the same. The term of each member shall be two (2) years and shall be unsalaried. Such further issues shall be addressed by the committee: ?? Changes in policy/procedure by Cablevision of Long Island that my impact local resident subscribers; ?? Issues including the franchise agreement and adherence to same; ?? Recommend fair, equitable and non-partisan guidelines and policies for access to Channel 22 and provide particular guidelines for elected government officials and office seekers; ?? Establish community links and develop liaisons with the community for greater public participation in utilizing Channel 22 for education, public welfare, educational student produced programming and the like; ?? Any business that comes before it pertinent to its charge And be it further RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for members to the Cable Television Committee . Southold Town Meeting Agenda - September 5, 2006 Page 21 Vote Record - Resolution RES-2006-733 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-734 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Hire FI Part-Time Call-In Deckhand Robert Dumochel RESOLVEDappoints Robert M. that the Town Board of the Town of Southold hereby Dumochel to the position of a part-time “Call-in” Deckhand for the Fishers Island Ferry District, effective September 5, 2006, at a rate of $11.00 per hour. Vote Record - Resolution RES-2006-734 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-735 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA for Fishers Island Zone Change WHEREAS , the Town Board of the Town of Southold completed an uncoordinated SEQR Review of an unlisted action involving the rezoning of a 0.9 acre parcel (SCTM #1000-9-8-2) as well as an adjacent parcel (SCTM #1000-9-8-3.4) located off of Reservoir Road on Fishers Island, from their current MII zoning district designation to the R-40 residential district; and WHEREAS , the parcels to be rezoned already accommodate existing residential uses, and parcel 1000-9-8-3.4 will be restricted by covenants limiting the further building on that parcel; and Southold Town Meeting Agenda - September 5, 2006 Page 22 WHEREAS , the rezoning of the parcels from MII to R-40 will limit the intensity of uses on those parcels; NOW, THEREFORE, BE IT RESOLVED that pursuant to Part 617 of the SEQR Regulations, the Town Board of the Town of Southold hereby confirms its designation as the Lead Agency for the uncoordinated SEQR Review of this Action. BE IT FURTHER RESOLVED that pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law, the Lead Agency has determined that the proposed Unlisted Action will not have a significant adverse effect on the environment for the reasons enumerated in the Full Environmental Assessment and Negative Declaration Form. Vote Record - Resolution RES-2006-735 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-736 CATEGORY: Seqra DEPARTMENT: Town Clerk A Local Law In Relation to Extending the Expiration Date of the Two Percent (2%) Real Estate Transfer Tax Imposed In Connection with the Town Community Preservation Fund for Ten Years Until December 31, 2030” is Classified As a Type II Action Pursuant to SEQRA Rules and Regulations finds that the adoption of the RESOLVED that the Town Board of the Town of Southold hereby local law entitled “A Local Law in relation to extending the expiration date of the two percent (2%) real estate transfer tax imposed in connection with the Town Community Preservation Fund for ten years until December 31, 2030” is classified as a Type II Action pursuant to SEQRA Rules and Regulations , 6 NYCRR Section 617.5, and is not subject to review under SEQRA. Southold Town Meeting Agenda - September 5, 2006 Page 23 Vote Record - Resolution RES-2006-736 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-737 CATEGORY: Seqra DEPARTMENT: Land Preservation Find No Significant Impact on the Environment and Declares a Negative Declaration Pursuant to SEQRA Rules and Regulations for the Purcahse of the Young Property WHEREAS , the Town Board of the Town of Southold wishes to purchase property owned by Marian G. Young (or the successors thereto) for open space purposes pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Code of the Town of Southold. Said property is identified as SCTM #1000-125-1-6.3. The address is No # Route 25, and the property is located in the A-C zoning district on the northerly side of Route 25 at Laurel Lake in Laurel and reachable by a 25 foot right of way located approximately 1834 feet west of the LIRR-Route 25 overpass. The proposed acquisition is for the Town to acquire fee title to the wooded 10.79± acre portion of the property for open space preservation purposes; and WHEREAS , the entire property totals 21.9 acres which includes 275± feet of frontage on Laurel Lake and is made up of two tax parcels, SCTM #1000-125-1-6.3, the subject property, and SCTM #1000-125-1-6.4 on which the Town purchased a development rights easement in 1997. The proposed acquisition is for the 10.79± acre area; and WHEREAS , the property is listed on the Town’s Community Preservation Project Plan List of Eligible Parcels as land that should be preserved for aquifer protection and open space purposes. The property is located within the Special Groundwater Protection Area (SGPA) and is adjacent to, and in the vicinity of, over 540 acres of preserved land. Proposed uses of the property shall be in conjunction with the existing preserved land in the vicinity, which may include the establishment of a nature preserve and passive recreational trails; and Southold Town Meeting Agenda - September 5, 2006 Page 24 WHEREAS , as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator has calculated that 4.28 Sanitary Flow Credits may be available for transfer from the parcel of property upon the Town’s purchase of this property. The transfer of the Sanitary Flow Credit into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank; 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.; and, 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; and, be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVEDfinds no significant impact that the Town Board of the Town of Southold hereby on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Vote Record - Resolution RES-2006-737 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-738 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact the Proposed Local Law Entitled “A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of that Portion of SCTM #1000-9-8-2 Presently Zoned As M-II, As Southold Town Meeting Agenda - September 5, 2006 Page 25 Well As SCTM #1000-9-8-3.4, From M-II to R-40”. WHEREAS , the Town Board of the Town of Southold has been presented with a proposal by the Land Preservation Committee with a plan to preserve 2.4+ acres of waterfront land on Fishers Island in the R-80 zone identified as a portion of SCTM #1000-9-8-2; and WHEREAS , the subject property is split zoned, with the remaining 0.9 acres of the property, as well as the adjacent property, SCTM #1000-9-8-3.4, zoned as M-II; and WHEREAS , in connection with this preservation opportunity it has been proposed that the Town rezone the remaining portion of SCTM #1000-9-8-2 as well as SCTM #1000-9-8-3.4 from M-II to R-40; and WHEREAS , rezoning of the subject sites as residential is consistent with the existing and surrounding uses of the properties and the neighborhood; and WHEREAS , the proposed action has been reviewed pursuant to Chapter 95 of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has determined that this action is consistent with the LWRP; and WHEREAS , that pursuant to the requirements of NYS Town Law and the Code of the Town of held a public Southold, Suffolk County, New York, the Town Board of the Town of Southold hearing on a proposed Local Law entitled “A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of that portion of SCTM #1000-9-8- 2 presently zoned as M-II, as well as SCTM #1000-9-8-3.4, from M-II to R-40 ”, now therefor be it RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed “A Local Law to amend the Zoning Map of the Town of Southold by Local Law entitled Changing the Zoning Designation of that portion of SCTM #1000-9-8-2 presently zoned as M-II, as well as SCTM #1000-9-8-3.4, from M-II to R-40 ”. The rezonings shall be Southold Town Meeting Agenda - September 5, 2006 Page 26 conditioned upon the closing of the contract permanently to preserve the portion of SCTM #1000-9-8-2 currently zoned as R-80, the filing of covenants and restrictions limiting the size of any dwelling on the remaining unpreserved portion of that property to be rezoned to the size of the footprint of the existing building on that site (1,296 ft.), as well as limiting the building height to 28 feet with a deck permitted but limited to 10 feet by 35 feet, and with no detached accessory structures permitted. The rezonings shall revert to their prior zoning classifications if the preservation contract closing does not occur within two years of the enactment of this Local Law. The petitioner for this request is the Town Board of the Town of Southold. The properties are approximately 0.9 and 0.44 acres, respectively, and are located off of Reservoir Road on Fishers Island. Vote Record - Resolution RES-2006-738 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-739 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact the Proposed Local Law Entitled, “A Local Law In Relation to Extending the Expiration Date of the Two Percent (2%) Real Estate Transfer Tax Imposed In Connection with the Town Community Preservation Fund for Ten Years Until December 31, 2030 WHEREAS , there has been presented to the Town Board of the Town of Southold, Suffolk A Local Law in County, New York, on the 8th day of August, 2006 a Local Law entitled “ relation to extending the expiration date of the two percent (2%) real estate transfer tax imposed in connection with the Town Community Preservation Fund for ten years until December 31, 2030 ” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, and Southold Town Meeting Agenda - September 5, 2006 Page 27 WHEREAS , the proposed action has been reviewed pursuant to Chapter 95 of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has determined that this action is consistent with the LWRP; now therefore be it RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed A Local Law in relation to extending the expiration date of the two Local Law entitled, “ percent (2%) real estate transfer tax imposed in connection with the Town Community Preservation Fund for ten years until December 31, 2030 ” reads as follows: LOCAL LAW NO. ______ 2006 A Local Law entitled, “A Local Law in relation to extending the expiration date of the two percent (2%) real estate transfer tax imposed in connection with the Town Community Preservation Fund for ten years until December 31, 2030”. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Legislative Findings. The Town Board hereby finds that in 1998 the New York State Legislature adopted Chapter 114 of the Laws of 1998 which authorized Towns in the Peconic Bay Region to establish Community Preservation Funds for the purpose of preserving land for open space, farmland preservation, historic preservation, and parks and recreation purposes. The revenue for said fund was to be derived from a two percent (2%) real estate transfer tax. Pursuant to Chapter 114 of the laws of 1998, said real estate transfer tax was to expire on December 31, 2010. The Town Board, by Local Law No. 39 of 1998, did implement the real estate transfer tax provisions of Chapter 114 of the Laws of 1998. Said Local Law was approved by electors of the Town in a mandatory referendum on November 3, 1998. Pursuant to the provisions of said Local Law, the Town Community Preservation Fund and the real estate transfer tax went into effect on April 1, 1999. By Chapter 250 of the Laws of 2002, the State Legislature authorized the Towns in the Peconic Bay Region to extend the expiration date of the real estate transfer tax until December 31, 2020, subject to mandatory referendum. The Town Board did enact Local law 49 of 2002 which provided for such extension. The voters approved the local law at the general election held November 5, 2002. The Town Community Preservation Fund has been an unparalleled success in protecting land for community preservation purposes. To date, the Community Preservation Funds in the Peconic Bay Region Towns have generated more than $375 million for community preservation. The result has been the acquisition of thousands of acres of land for the public benefit. Southold Town Meeting Agenda - September 5, 2006 Page 28 Authorization for the two percent (2%) real estate transfer tax will expire on December 31, 2020. The State has enacted a Chapter of the Laws of 2006, which authorizes the Towns to extend the expiration date of the tax until the end of the year 2030. The Southold Town Board finds that such an extension is critical to the continued success of the Town’s community preservation goals. It is estimated that an additional ten (10) years of the program, at current rates of revenue generation will provide more than $900 million in additional revenue for the Peconic Bay Towns for land preservation. Further, by utilizing the Southold Town Community Preservation Fund program in conjunction with low interest borrowing and other conservation strategies, the Town would be enabled to buy more land now before it is lost to development and before values escalate further. The additional ten (10) years will provide the necessary revenue stream to fund such preservation strategies. This Local Law implements the ten (10) year extension. II. Extension of the Expiration Date of the Real Estate Transfer Tax. Section 17-40 of the Town Code of the Town of Southold is hereby amended as follows: §17-40. Effective date; referendum requirement. This Article is subject to a mandatory referendum as set forth in §1449-bb of Article 31- D of the Tax Law. This Article shall take effect on March 1, 1999, after approval at the general election to be held on November 3, 1998, by the affirmative vote of a majority of the qualified electors of the Town of Southold and filing with the Secretary of State; and provided further that the real estate transfer tax imposed by this Article shall expire and be deemed repealed as to any conveyance taking place after December 31, 2020 2030. III. Proposition. Pursuant to a Chapter of the Laws of 2006, this Local Law is subject to mandatory referendum. Therefore, the following proposition shall be submitted to the electors of the Town at the general election to be held on November 7, 2006: “SHALL LOCAL LAW NO. OF 2006, ENTITLED ‘A LOCAL LAW IN RELATION TO EXTENDING THE EXPIRATION DATE OF THE TWO PERCENT (2%) REAL ESTATE TRANSFER TAX IMPOSED IN CONNECTION WITH THE TOWN COMMUNITY PRESERVATION FUND FOR TEN YEARS, UNTIL DECEMBER 31, 2030’, BE APPROVED.” IV. 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, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, Southold Town Meeting Agenda - September 5, 2006 Page 29 section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. V. EFFECTIVE DATE This Local Law shall take effect after filing with the Secretary of State and after approval at the general election to be held on November 7, 2006 by the affirmative vote of the qualified electors of the Town upon the proposition set forth in Section 3 of this Local Law. Vote Record - Resolution RES-2006-739 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-740 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Land Preservation Elect to Purchase the Property Owned Marian G. Young (Or the Successors Thereto) WHEREAS , the Town Board of the Town of Southold held a public hearing on the question of th the purchase of the property owned by Marian G. Young (or the successors thereto) on this 5 day of September, 2006, pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (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 #1000-125-1-6.3 and No # Route 25 and is located in the A-C zoning district on the northerly side of Route 25 at Laurel Lake in Laurel and reachable by a 25 foot right of way located approximately 1834 feet west of the LIRR-Route 25 overpass. The proposed acquisition is for the Town to acquire fee title to the wooded 10.79± acre portion of the property for open space preservation purposes; and WHEREAS , the entire property totals 21.9 acres which includes 275± feet of frontage on Laurel Lake and is made up of two tax parcels, SCTM #1000-125-1-6.3, the subject property, and SCTM #1000-125-1-6.4 on which the Town purchased a development rights easement in 1997. The proposed acquisition is for the 10.79± acre area; and Southold Town Meeting Agenda - September 5, 2006 Page 30 WHEREAS , the estimated purchase price for the 10.79± acre (subject to survey) property is $1,079,000.00 (one million seventy-nine thousand dollars) based on a purchase price of $100,000/acre. The exact acreage is to be determined by a Town-provided survey acceptable to the Land Preservation Committee. The purchase will be funded by the Town’s Community Preservation Fund; and WHEREAS , the property is listed on the Town’s Community Preservation Project Plan List of Eligible Parcels as property that should be preserved for aquifer protection and open space purposes. The property is located within the Special Groundwater Protection Area (SGPA) and is adjacent to, and in the vicinity of, over 540 acres of preserved land. Proposed uses of the property shall be in conjunction with the existing preserved land in the vicinity, which may include the establishment of a nature preserve and passive recreational trails; and WHEREAS , the purchase of this property is in conformance with the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code; and WHEREAS ,the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has determined that this action is consistent with the LWRP; and WHEREAS , as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator has calculated that 4.28 Sanitary Flow Credits may be available for transfer from the parcel of property upon the Town’s purchase of the property. The transfer of the Sanitary Flow Credit into the TDR Bank will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank; and Southold Town Meeting Agenda - September 5, 2006 Page 31 WHEREAS ,the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the property; and WHEREAS , the Town Board deems it in the best public interest that the Town of Southold purchase fee title to the subject property for the purpose of aquifer protection and open space purposes; now, therefore, be it RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of elects to purchase the property owned Marian G. Young (or the successors Southold hereby thereto). Said property is identified as SCTM #1000-125-1-6.3. The address is No # Route 25 and is located in the A-C zoning district on the northerly side of Route 25 at Laurel Lake in Laurel and reachable by a 25 foot right of way located approximately 1834 feet west of the LIRR-Route 25 overpass. The proposed acquisition is for the Town to acquire fee title to the wooded 10.79± acre area (subject to survey) for open space preservation purposes. Proposed uses of the property shall be in conjunction with the existing preserved land in the vicinity, which may include the establishment of a nature preserve and passive recreational trails The estimated purchase price for the 10.79± acres (subject to survey) property is $1,079,000.00 (one million seventy-nine thousand dollars) based on a purchase price of $100,000/acre. The exact acreage is to be determined by a Town-provided survey acceptable to the Land Preservation Committee. The purchase will be funded by the Town’s Community Preservation Fund. Town funding for this purchase is in conformance with the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code; The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has determined that this action is consistent with the LWRP. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator has calculated that 4.28 Sanitary Flow Credits may be available for transfer from the parcel of property upon the Town’s purchase of the property. The transfer of Sanitary Flow Credits into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes Southold Town Meeting Agenda - September 5, 2006 Page 32 on the property, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank. Vote Record - Resolution RES-2006-740 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-741 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint John Kirincic to the Position of Bay Constable RESOLVEDappoints John Kirincic to that the Town Board of the Town of Southold hereby the position of Bay Constable for the Marine Division of the Police Department, effective September 18, 2006, at a rate of $34,888.65 per annum. Vote Record - Resolution RES-2006-741 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell VII. PUBLIC HEARINGS 1. Set August 9Th, 2006, 1:45 P.M., At the Fishers Island School As the Time and Place of a Public Hearing on a Proposed Local Law Entitled “A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of that Portion of SCTM #1000-9-8-2 Presently Zoned As M-II, As Well As SCTM #1000-9-8-3.4, From M-II to R-40” History: 08/09/06 ADJOURNED Next: 08/22/06 08/22/06 ADJOURNED Next: 09/05/06 2. Set September 5, 2006 At 8:00 Pm, Southold Town Hall As Time and Place for a Public Hearing on Community Preservation Fund Tax 3. Set Tuesday, September 5 , 2006, At 8:05 P.M., Southold Town Hall, 53095 Main Road, Southold, New York As the Time and Place for a Public Hearing for the Purchase of the Property Owned by Marian G. Young for Open Space Acquisition