HomeMy WebLinkAboutAG-09/25/2007
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 www.southoldtown.northfork.net
FREEDOM OF INFORMATION OFFICER
FINAL
AGENDA
SOUTHOLD TOWN BOARD
September 25, 2007
7:30 PM
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.
I. REPORTS
1. Board of Trustees
August 2007
2. Justice Evans
August 2007
3. Justice Price
August 2007
4. Recreation Dept Monthly Report
August 2007
5. Town Clerk Monthly Report
August 2007
II. PUBLIC NOTICES
1. NYS DEC Notice of Complete Application - Sy & Catherine Ghassemi
6785 St Rte 25, East Marion (SCTM 1000-31-1-1.2) to subdivide 31.7632 acre lot into four lots
2. NYS Liquor Authority
Joseph Paul Winery Inc., 18910 Middle Rd, Cutchogue application for Farm Winery License
Renewal
3. Notice of Complete Application - NYSDEC
Southold Town Meeting Agenda - September 25, 2007
Page 2
Orlando Property
4. Army Corp of Engineers Notice of Application
Peocnic Gold Corp. to place plastic-covered wire mesh trays to grow bay scallops and oysters in
Hog Neck Bay.
5. NYS DEC Notice of Complete Application - US Dept of Homeland Security
DHS Plum Island Animal Disease Ctr., Orient Point Dock - to construct bulkhead seaward of
existing bulkheads
III. COMMUNICATIONS
IV. DISCUSSION
1. Fishers Island Sewer District
Louisa Evans
2. “Cold War Veterans” Exemption
3. PDD Legislation
Code Comm Mtg Minutes by Councilman Wickham
4. 10:00 Melissa Spiro and John Sepenoski
Management Plans
5. 10:30 Mark Terry and John Sepenoski
LWRP Council Recommended Code and Procedure Changes
6. Ag Code - Per Supervisor Russell
Farmstands, etc.
Site Plan regulations for ag structures per 2004 law etc.
7. BCI Communications Waiver Request
8. Plum Island Request for Use of Equipment
per Supervisor Russell
9. BOAR Reappointment
Daniel McConlogue’s term expires 9/30/07.
CALL TO ORDER
7:30 PM Meeting called to order on September 25, 2007 at Meeting Hall, 53095 Route 25,
Southold, NY.
Attendee Name Present Absent Late Arrival
Southold Town Meeting Agenda - September 25, 2007
Page 3
Councilman Albert Krupski Jr.
???
Councilman William P. Edwards
???
Councilman Daniel C. Ross
???
Councilman Thomas H. Wickham
???
Justice Louisa P. Evans
???
Supervisor Scott Russell
???
Town Clerk Elizabeth A. Neville
???
Asst. Town Attorney Kieran Corcoran
???
PLEDGE OF ALLEGIANCE
OPENING STATEMENTS
V. MINUTES APPROVAL
1.
Tuesday, July 03, 2007
2.
Tuesday, July 17, 2007
3.
Tuesday, July 31, 2007
VI. RESOLUTIONS
2007-744
CATEGORY: Audit
DEPARTMENT: Accounting
Approve Audit 9/25/07
RESOLVED approves the audit dated
that the Town Board of the Town of Southold hereby
September 25, 2007.
Vote Record - Resolution RES-2007-744
?
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
2007-745
CATEGORY: Set Meeting
DEPARTMENT: Town Clerk
Set Next Meeting 10/9/07
Southold Town Meeting Agenda - September 25, 2007
Page 4
RESOLVED
that the next Regular Town Board Meeting of the Southold Town Board be held,
Tuesday, October 9, 2007 at the Southold Town Hall, Southold, New York at 4:30 P. M..
Vote Record - Resolution RES-2007-745
?
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
2007-746
CATEGORY: Attend Seminar
DEPARTMENT: Building Department
Attend Seminar - Building Department - 10/10/07
RESOLVED grants permission to
that the Town Board of the Town of Southold hereby
Building Inspector Gary Fish, Building Inspector George Gillen, Fire Inspector Robert
Fisher, Building Permits Examiner Pat Conklin, Building Permits Examiner Damon Rallis
and Chief Building Inspector Michael Verity to attend a seminar on Manufactured Homes
in Lindenhurst, New York, on October 10, 2007.
All expenses for registration, travel and
lodging (if necessary) to be a legal charge to the 2007 Building Department budget (meetings
and seminars).
Vote Record - Resolution RES-2007-746
?
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
2007-747
CATEGORY: Attend Seminar
DEPARTMENT: Building Department
Attend Seminar - Building Depart - 10/17/07
RESOLVED grants permission to Fire
that the Town Board of the Town of Southold hereby
Inspector Bob Fisher, Building Inspector Gary Fish, Building Inspector George Gillen,
Southold Town Meeting Agenda - September 25, 2007
Page 5
Building Permits Examiner Pat Conklin, Building Permits Examiner Damon Rallis and
Chief Building Inspector Michael Verity to attend a seminar on Inspecting for Structural
Details in Lindenhurst, New York, on October 17, 2007.
All expenses for registration, travel
and lodging (if necessary) to be a legal charge to the 2007 Building Department budget
(meetings and seminars).
Vote Record - Resolution RES-2007-747
?
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
2007-748
CATEGORY: Attend Seminar
DEPARTMENT: Building Department
Attend Seminar - Building Depart - 10/18/07
RESOLVED grants permission to Fire
that the Town Board of the Town of Southold hereby
Inspector Bob Fisher, Building Inspector Gary Fish, Building Inspector George Gillen,
Building Permits Examiner Pat Conklin, Building Permits Examiner Damon Rallis and
Chief Building Inspector Michael Verity to attend a seminar on Wood Framing in
Lindenhurst, New York, on October 18, 2007.
All expenses for registration, travel and lodging
(if necessary) to be a legal charge to the 2007 Building Department budget (meetings and
seminars).
Vote Record - Resolution RES-2007-748
?
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
2007-749
CATEGORY: Employment - FIFD
DEPARTMENT: Accounting
Increase Salaries of PT Deckhands Fishers Island
Southold Town Meeting Agenda - September 25, 2007
Page 6
RESOLVED
that the Town Board of the Town of Southold hereby increases the salaries of the
following Fishers Island Ferry Districts’ part-time Deckhands effective August 2, 2007:
Raymond Lefevre $10.00
John Mc Veight $11.00
Thomas Evanko $11.00
John McElligott $11.00
Peter Gilmore $11.00
David Yale $11.00
William Felker $10.00
Edward Bridgeman $11.00
Vote Record - Resolution RES-2007-749
?
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
2007-750
CATEGORY: Attend Seminar
DEPARTMENT: Accounting
Attend Retirement Meeting - Accounting
RESOLVED grants permission to Janice
that the Town Board of the Town of Southold hereby
Foglia and Barbara Rudder to attend a seminar on Retirement related topics in
Riverhead, on Wednesday, October 17, 2007.
Travel expenses to be a legal charge to the 2007
Accounting budget (meetings and seminars).
Vote Record - Resolution RES-2007-750
?
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
2007-751
Southold Town Meeting Agenda - September 25, 2007
Page 7
CATEGORY: Attend Seminar
DEPARTMENT: Accounting
Permission to Attend NYSHIP Regional Meeting
RESOLVED grants permission to
that the Town Board of the Town of Southold hereby
Principal Account Clerk Janice Foglia and Administrative Assistant_Barbara Rudder to
attend a NYSHIP Regional Meeting for Participating Agencies at the Huntington Hilton,
on October 4, 2007.
There are no registration fees, travel to be a legal charge to the 2007
Accounting budget (meetings and seminars).
Vote Record - Resolution RES-2007-751
?
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
2007-752
CATEGORY: Budget Modification
DEPARTMENT: Public Works
Budget Modification - DPW - Street Signs
RESOLVEDmodifies the 2007
that the Town Board of the Town of Southold hereby
Traffic Control budget as follows:
From:
A.1620.2.500.950 Hamlet Trash Receptacles $750
To:
A.3310.4.100.995 Signs & Sign Parts $750
Vote Record - Resolution RES-2007-752
?
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
2007-753
Southold Town Meeting Agenda - September 25, 2007
Page 8
CATEGORY: Budget Modification
DEPARTMENT: Accounting
Budget Modification-Appropriate Insurance Recovery
RESOLVEDmodifies the 2007
that the Town Board of the Town of Southold hereby
General Fund Whole Town budget as follows:
To:
Revenues:
A.2680.00 Insurance Recoveries $3,033.75
To:
A.5182.2.500.500 Street Lighting
Street Light Fixtures $3,033.75
Vote Record - Resolution RES-2007-753
?
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
2007-754
CATEGORY: Attend Seminar
DEPARTMENT: Building Department
Attend Seminar - Building Department
RESOLVED grants permission to
that the Town Board of the Town of Southold hereby
George Gillen to attend a seminar on Zoning in Hauppauge, New York, on October 25,
2007.
All expenses for registration, travel and lodging (if necessary) to be a legal charge to the
2007 Building Department budget (meetings and seminars).
Vote Record - Resolution RES-2007-754
?
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 25, 2007
Page 9
2007-755
CATEGORY: Budget Modification
DEPARTMENT: Town Clerk
Modify the Trustees’ General Fund Whole Town 2007 Budget
RESOLVEDTrustees’
that the Town Board of the Town of Southold hereby modifies the
General Fund Whole Town 2007
budget as follows:
FROM
:
A.8090.4.100.550 Waterway Markers & Equipment $500.00
TO
:
A.8090.4.100.100 Office Supplies/Stationary $500.00
Vote Record - Resolution RES-2007-755
?
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
2007-756
CATEGORY: Attend Seminar
DEPARTMENT: Police Dept
Grant Permission to Detective Sergeant John Sinning to Attend the First Annual New York Gang
Investigator’s Conference In Brooklyn, NY
RESOLVED grants permission to
that the Town Board of the Town of Southold hereby
Detective Sergeant John Sinning to attend the First Annual New York Gang Investigator's
New York City Regional Conference on Monday, October 22, 2007, Kings County District
Attorney's office in Brooklyn, NY.
Travel to be by Town vehicle. The cost of the conference
will be a $35.00 registration fee and shall be a legal charge to the 2007 Police Training budget
line (A.3120.4.600.200).
Vote Record - Resolution RES-2007-756
?
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 25, 2007
Page 10
2007-757
CATEGORY: Close/Use Town Roads
DEPARTMENT: Town Clerk
Grant Permission to the Knights of Columbus, Marian Council No. 3852 to Use Certainroads for Its
Annual Right to Life March In Cutchogue on Saturday, October 20, 2007
RESOLVEDgrants permission to the
that the Town Board of the Town of Southold hereby
Knights of Columbus, Marian Council No. 3852 to use the following roads for its Annual
Right to Life March in Cutchogue on Saturday, October 20, 2007
beginning at 11:45 AM:
Main Road (from parking lot of Sacred Heart Church) east to Depot Lane to Sacred Heart
Cemetery, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance
naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of
notification of Town Board approval.
Vote Record - Resolution RES-2007-757
?
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
2007-758
CATEGORY: Close/Use Town Roads
DEPARTMENT: Town Clerk
Southold PTA Halloween Parade
RESOLVEDgrants permission to the
that the Town Board of the Town of Southold hereby
Southold Town PTA to hold it Annual Halloween parade,
to begin at the Southold Firehouse
on the Main Road, proceed west to Oaklawn Avenue and end at the elementary school, on
Saturday, October 27, 2007
beginning at 12:00 noon, provided they file with the Town Clerk a
One Million Dollar Certificate of Insurance naming the Town of Southold as an additional
insured and notify Capt. Flatley within ten (10) days of the approval of this resolution to
coordinate traffic control.
Southold Town Meeting Agenda - September 25, 2007
Page 11
Vote Record - Resolution RES-2007-758
?
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
2007-759
CATEGORY: Grants
DEPARTMENT: Community Development
Set 7:40 PM October 23, 2007, Southold Town Hall, 53095 Main Road, Southold, New York 11971, As
the Time and Place for a Public Hearing to Hear Citizens Views on Local Housing and Community
Development Needs for 2008
RESOLVED hereby sets 7:40 PM October 23,
that the Town Board of the Town of Southold
2007, Southold Town Hall, 53095 Main Road, Southold, New York 11971, as the time and
place for a Public Hearing to hear citizens views on local housing and community
development needs
to be met with approximately $136,000 in Community Development Block
Grant funds the town of Southold expects to receive in April 2008 and authorizes Town Clerk
Elizabeth Neville to publish an “Announcement of Public Hearing Notice”.
Vote Record - Resolution RES-2007-759
?
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
2007-760
CATEGORY: Grants
DEPARTMENT: Community Development
Downtown Beautification Grant
RESOLVED
that the Town Board of the Town of Southold hereby supports and endorses the
grant application of the Greenport-Southold Chamber of Commerce grant application to the
Suffolk County, Department of Economic Development & Workforce Housing, Downtown
Beautification Program, in connection with improvements to the municipal parking lot in the
center of the Southold Business District.
Southold Town Meeting Agenda - September 25, 2007
Page 12
Vote Record - Resolution RES-2007-760
?
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
2007-761
CATEGORY: Attend Seminar
DEPARTMENT: Planning Board
Water Resources Seminar
RESOLVED grants permission to
that the Town Board of the Town of Southold hereby
Heather Cusack, Mark Terry & Anthony Trezza to attend a seminar on Water Resources
in Upton, New York , on Thursday, October 11, 2007.
All expenses for registration, travel
and lodging (if necessary) to be a legal charge to the 2007 Planning Board budget (meetings and
seminars).
Vote Record - Resolution RES-2007-761
?
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
2007-762
CATEGORY: Close/Use Town Roads
DEPARTMENT: Town Clerk
Grant Permission to the Mattituck High School to Use Mary’s Road, Pike Street, Westphalia Avenue,
Sound Avenue, and Love Lane, Mattituck for Its 14Th Annual Homecoming Parade on Saturday,
September 27, 2007 At 9:00 AM
RESOLVEDgrants permission to the
that the Town Board of the Town of Southold hereby
Mattituck High School to use Mary’s Road, Pike Street, Westphalia Avenue, Sound
th
Avenue, and Love Lane, Mattituck for its 14 Annual Homecoming Parade on Saturday,
September 27, 2007 at 9:00 AM
provided they file with the Town Clerk a One Million Dollar
Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt.
Southold Town Meeting Agenda - September 25, 2007
Page 13
Flatley immediately after the approval of this resolution to coordinate traffic control.
Vote Record - Resolution RES-2007-762
?
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
2007-763
CATEGORY: Budget Modification
DEPARTMENT: Human Resource Center
Budget Mod - Personal Services
RESOLVEDmodifies the 2007 General
that the Town Board of the Town of Southold hereby
Fund Whole Town budget as follows:
From:
Appropriations Programs for the Aging
A.6772.1.100.300 Personal Services
Vacation Earnings $500.00
A.6772.1.100.400 Personal Services
Sick Earnings $267.00
A.6772.1.200.100 Personal Services
Part Time Earnings $1,100.00
To:
Appropriations Programs for the Aging
$1,867.00
A.6772.1.100.200 Personal Services
Overtime Earnings
Vote Record - Resolution RES-2007-763
?
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
2007-764
CATEGORY: Budget Modification
Southold Town Meeting Agenda - September 25, 2007
Page 14
DEPARTMENT: Human Resource Center
Bud. Mod to Purchase AED Defribrilator Units HRC. of the Total Cost for These 2 New AED-
Defribrilator Units, a Minimum of $2,100.00 Will be Reimbursed to the Town Through Suffolk County
Leg. Ed Romaine’s Community Service Initiative Grants.
RESOLVEDmodifies the 2007
that the Town Board of the Town of Southold hereby
General Fund Whole Town budget as follows:
From:Programs for the Aging
$ 2,900.00
Appropriations: Contracted Services
A.6772..4.400.650 Vehicle Maint. And Repairs
To:
Programs for the Aging
Appropriations:
A.6772.4.100.110 Contractual Expense $2,900.00
Program Supplies and Materials
Vote Record - Resolution RES-2007-764
?
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
2007-765
CATEGORY: Property Usage
DEPARTMENT: Town Clerk
Adopt the Stewardship Management Plans for Laurel Lake Preserve, Reese Property, and Hog’s Neck
Preserves
RESOLVEDadopts the Stewardship
that the Town Board of the Town of Southold hereby
Management Plans
for the following properties:
Laurel Lake Preserve
Stewardship Management Plan for identified as Suffolk County tax map
number 1000-125.-1-14 and 5145 Route 25, Laurel;
Reese Property
Stewardship Management Plan for the identified as Suffolk County tax map
number 1000-45.-5-5 and 70380 Route 25, Greenport; and
Hog’s Neck Preserves
Stewardship Management Plan for the consisting of the following
properties: Forestbrook identified as Suffolk County tax map number 1000-79.-2-7.7, Zoumas
Southold Town Meeting Agenda - September 25, 2007
Page 15
identified as Suffolk County tax map number 1000-79.-4-17.25 and Hurtado identified as Suffolk
County tax map number 1000-79.-5-20.15, all on North Bayview Road in Southold.
Vote Record - Resolution RES-2007-765
?
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
2007-766
CATEGORY: Legal
DEPARTMENT: Solid Waste Management District
Waste District Overdue Accounts
turns over to the Town
RESOLVED that the Town Board of the Town of Southold hereby
Attorney collection efforts on the following past due amounts owed to the Solid Waste
District, and hereby removes said amounts from 2007 Solid Waste District Budget
Revenues, in accordance with a determination by the Town Comptroller and the Town
Attorney:
Account # 298: Seledonio Villareal in the amount of $848.58
Account # 317: Mattituck Fence in the amount of $220.56
Account # 513: Carlos Estrada in the amount of $294.28
Account # 819: Homescape Construction in the amount of $2192.67
Account # 1198: LI Custom Drywall in the amount of $93.56
Account #s 1534 and 71534: Estuardo Ramirez in the amount of $576.63
Account # 7417: Long Island Vineyard Mgmt. in the amount of $3000.00
Account # 71410: Ubaldino Perez in the amount of $81.03
Vote Record - Resolution RES-2007-766
?
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
2007-767
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT: Town Attorney
Authorizes and Directs Supervisor Scott A. Russell to Execute the Contractual Agreement Between the
Town of Southold and KJB Industries, Inc. In Connection with the Construction of a Concrete Slab for the
Southold Town Meeting Agenda - September 25, 2007
Page 16
Processing of C&D Debris At the Cutchogue Transfer Station
RESOLVEDauthorizes and directs
that the Town Board of the Town of Southold hereby
Supervisor Scott A. Russell to execute the Contractual Agreement between the Town of
Southold and KJB Industries, Inc. in connection with the construction of a concrete slab
for the processing of C&D debris at the Cutchogue Transfer Station
, subject to the approval
of the Town Attorney.
Vote Record - Resolution RES-2007-767
?
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
2007-768
CATEGORY: Local Law Public Hearing
DEPARTMENT: Town Clerk
FISD Rent PH 10/23/07 @ 7:40 PM
WHEREAS,
there has been presented to the Town Board of the Town of Southold, Suffolk County, New
“A Local Law in relation to Fishers
York, on the 25th day of September, 2007 a Local Law entitled
Island Sewer District Rent”
now, therefore, be it
RESOLVED
that the Town Board of the Town of Southold will hold a public hearing on the aforesaid
23rd day of
Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the
October, 2007 at 7:40 p.m.
at which time all interested persons will be given an opportunity to be heard.
“A Local Law in relation to the Fishers Island Sewer District Rent”
The proposed Local Law entitled,
reads as follows:
LOCAL LAW NO. 2007
“A Local Law in Relation to the Fishers Island Sewer District Rent”
A Local Law entitled, .
Southold Town Meeting Agenda - September 25, 2007
Page 17
BE IT ENACTED
, by the Town Board of the Town of Southold as follows:
I. Chapter 215 (Sewers and Sewage Disposal) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 215-49 is hereby amended to read as follows
A. In addition to any and all other fees and charges provided by law, the owner of a
parcel of land served by the sanitary sewer system of the FISD shall pay an annual
sewer rent for the use of such sanitary sewer system, which shall be based upon an
four hundred fifty dollars ($450)
annual charge of three hundred dollars ($300) for
each separate dwelling unit served by the system. Such annual sewer rents shall be
two hundred
paid in semiannual installments of one hundred fifty dollars ($150)
twenty-five dollars ($225)
on the first day of January and June of each year.
II. This Local Law shall take effect upon its filing with the Secretary of State
Vote Record - Resolution RES-2007-768
?
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
2007-769
CATEGORY: Committee Appointment
DEPARTMENT: Town Clerk
Appoint David Bauer, As the Greenport Village Representative, to the Southold Town Transportation
Commission
RESOLVEDappoints David Bauer, as
that the Town Board of the Town of Southold hereby
the Greenport Village representative, to the Southold Town Transportation Commission
,
effective immediately.
Vote Record - Resolution RES-2007-769
?
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 25, 2007
Page 18
2007-770
CATEGORY: Seqra
DEPARTMENT: Land Preservation
Bittner SEQRA
WHEREAS, the Town Board of the Town of Southold wishes to purchase fee title to certain
properties owned by Jacqueline Moeller and TMJ Realty Inc. a/k/a Bittner properties 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 properties are identified as SCTM
#1000-58-1-1, #1000-68-1-17.2 and #1000-68-1-17.3. The total area of the properties is 58±
acres. The addresses of the properties are respectively 5415, 4305 & 4305 Soundview Avenue in
Peconic. The properties are located in the R-80 zoning district. The properties begin
approximately 4300 feet westerly on Soundview Avenue from the intersection of Soundview
Avenue and Kenney’s Road in Southold. The combined properties include 1360± feet of road
frontage on Soundview Avenue and 1404± feet along Long Island Sound. The proposed
acquisition is for the Town, in a 50%/50% partnership with the County of Suffolk, to acquire fee
title as tenants in common to the entire 58± acres for open space passive recreational purposes.
The exact area of the purchase is subject to survey. The purchase price for the entire 58± acre
property is $13,294,000 (thirteen million two hundred ninety-four thousand dollars) plus
acquisition costs. The purchase price and acquisition costs will be shared equally by the Town of
Southold and County of Suffolk and will be funded by the Town’s Community Preservation
Fund and the County of Suffolk Legacy Fund. The Town is eligible for funding from an awarded
$1,464,735 (one million four hundred sixty-four thousand seven hundred thirty-five dollar)
federal grant from the US National Oceanic and Atmospheric Administration, Coastal Estuarine
Land Conservation Program (NOAA/CELCP). The property includes a vacated residential
structure and bulkheading; both will be removed in their entirety upon obtaining fee title to these
parcels. The County will not be responsible for removal costs of the residential structure; 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
Southold Town Meeting Agenda - September 25, 2007
Page 19
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
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 RES-2007-770
?
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
2007-771
CATEGORY: Bond
DEPARTMENT: Town Clerk
Order for the Bond to Increase and Improve the Facilities of The Fishers Island Sewer District
At a regular meeting of the Town
Board of the Town of Southold, in
the County of Suffolk, New York,
held at the Town Hall, 53095 Main
Road, Southold, New York, on the
25th day of September, 2007.
PRESENT:
Hon. Scott A. Russell, Supervisor
Louisa P. Evans, Justice
William P. Edwards, Councilperson
Thomas H. Wickham, Councilperson
Daniel C. Ross, Councilperson
Albert J. Krupski, Jr., Councilperson
In the Matter
of the
Increase and Improvement of Facilities of the
Fishers Island Sewer District, in the Town of Southold,
Southold Town Meeting Agenda - September 25, 2007
Page 20
in the County of Suffolk, New York, pursuant to
Section 202-b of the Town Law
Offered by: _______________________
Seconded by: ______________________
RESOLUTION AND
ORDER AFTER PUBLIC
HEARING
WHEREAS, the Town Board of the Town of Southold (herein called the “Town
Board” and the “Town”, respectively), in the County of Suffolk, New York, acting on behalf of
the Fishers Island Sewer District (herein called the “District”), in the Town, has reviewed a
preliminary map, plan and report prepared by Diversified Technology Consultants., Inc.,
engineers duly licensed by the State of New York (the “Engineer”), for the increase and
improvement of facilities of the District, consisting of various upgrades to the wastewater pump
station, the installation of a generator to replace the existing generator, installation of a propane
tank, including the construction of the foundation therefor, the removal and replacement of the
underground diesel fuel tank and reconstruction of the leach field pipe and other work related,
appurtenant and supplemental thereto, including any original equipment, machinery, and
apparatus required therefor (the “Sewer Improvement”); and, pursuant to the direction of the
Town, the Engineer has completed and filed with the Town Board such preliminary map, plan
and report for said increase and improvement of facilities of the District and has estimated the
cost thereof to be $125,000; and
Southold Town Meeting Agenda - September 25, 2007
Page 21
WHEREAS, the Town Board adopted an order describing in general terms the
proposed increase and improvement of facilities, specifying the estimated cost thereof, and
stating the Town Board would meet to hear all persons interested in said increase and
improvement of facilities on September 25, 2007 at 7:35 o’clock P.M. (Prevailing Time) at the
Town Hall, 53095 Main Road, Southold, New York, in the Town; and
WHEREAS, a Notice of such public hearing was duly published, posted and
mailed pursuant to the provisions of Article 12 of the Town Law; and
WHEREAS, such public hearing was duly held by the Town Board on the 25th
day of September, 2007 at 7:35 o’clock P.M. (Prevailing Time) at the Town Hall, 53095 Main
Road, Southold, New York, with considerable discussion on the matter having been had and all
persons desiring to be heard having been heard, including those in favor of and those in
opposition to said increase and improvement of such facilities; and
WHEREAS, the Town Board, as lead agency, has given due consideration to the
impact that the project described herein may have on the environment and has determined that
such project constitutes a Type II action pursuant to the State Environmental Quality Review Act
(“SEQRA”), constituting Article 8 of the New York Environmental Conservation Law, and 6
N.Y.C.R.R., Regulations Part 617.5 (c)(2), and no further environmental review is required;
Now, therefore, on the basis of the information given at such hearing, it is hereby
DETERMINED, that it is in the public interest to increase and improve the
facilities of the District hereinabove described as the Sewer Improvement, at the estimated
maximum cost of $125,000; and it is hereby
ORDERED, that the facilities of the District shall be so increased and improved
and that the Engineer heretofore retained by the Town Board shall prepare plans and
Southold Town Meeting Agenda - September 25, 2007
Page 22
specifications and make a careful estimate of the expense for said increase and improvement of
such facilities and, with the assistance of the Town Attorney or the attorney for the District, shall
prepare a proposed contract for such increase and improvement of facilities of the District, which
plans and specifications, estimate and proposed contract shall be presented to the Town Board as
soon as possible; and it is hereby
FURTHER ORDERED, that the expense of said increase and improvement of
facilities shall be financed by the issuance of $125,000 serial bonds of the Town and the costs of
said increase and improvement of facilities, including payment of principal of and interest on
said bonds, shall be paid by the assessment, levy and collection of assessments upon the several
lots and parcels of land within the District which the Town Board shall deem especially
benefited by said facilities, so much upon and from each as shall be in just proportion to the
amount of benefit which the improvement shall confer upon the same; and it is hereby
FURTHER ORDERED, that the Town Clerk record, or cause to be recorded, a
certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of
Suffolk County within thirty (30) days after adoption thereof.
DATED: September 25, 2007
(SEAL) TOWN BOARD OF THE TOWN OF SOUTHOLD
HON. SCOTT A. RUSSELL, SUPERVISOR
LOUISA P. EVANS, JUSTICE
WILLIAM P. EDWARDS, COUNCILPERSON
THOMAS H. WICKHAM, COUNCILPERSON
DANIEL C. ROSS, COUNCILPERSON
ALBERT J. KRUPSKI, JR., COUNCILPERSON
Southold Town Meeting Agenda - September 25, 2007
Page 23
The adoption of the foregoing Resolution and Order was duly put to a vote on roll call,
which resulted as follows:
Hon. Scott A. Russell, Supervisor voting______________
Louisa P. Evans, Justice voting______________
William P. Edwards, Councilperson voting______________
Thomas H. Wickham, Councilperson voting______________
Daniel C. Ross, Councilperson voting______________
Albert J. Krupski, Jr., Councilperson voting______________
The Resolution and Order was declared adopted.
Vote Record - Resolution RES-2007-771
?
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
2007-772
CATEGORY: Bond
DEPARTMENT: Town Clerk
Bond for FISD
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED SEPTEMBER 25, 2007, APPROPRIATING
$125,000 FOR THE INCREASE AND IMPROVEMENT OF
FACILITIES OF THE FISHERS ISLAND SEWER DISTRICT,
CONSISTING OF VARIOUS UPGRADES TO THE
Southold Town Meeting Agenda - September 25, 2007
Page 24
WASTEWATER PUMP STATION, THE INSTALLATION OF A
GENERATOR TO REPLACE THE EXISTING GENERATOR,
INSTALLATION OF A PROPANE TANK, INCLUDING THE
CONSTRUCTION OF THE FOUNDATION THEREFOR, THE
REMOVAL AND REPLACEMENT OF THE UNDERGROUND
DIESEL FUEL TANK AND RECONSTRUCTION OF THE
LEACH FIELD PIPE AND OTHER WORK RELATED,
APPURTENANT AND SUPPLEMENTAL THERETO,
INCLUDING ANY ORIGINAL EQUIPMENT, MACHINERY,
AND APPARATUS REQUIRED THEREFOR, AND
AUTHORIZING THE ISSUANCE OF $125,000 SERIAL
BONDS OF SAID TOWN TO FINANCE SAID
APPROPRIATION
Offered by:
Seconded By:
Recital
WHEREAS, following preparation of a map, plan and report and an estimate of
cost for the increase and improvement of facilities of the Fishers Island Sewer District (herein
called the “District”), in the Town of Southold (herein called the “Town”), in the County of
Suffolk, New York, and after a public hearing duly called and held, the Town Board (herein
called “Town Board”) of the Town determined that it is in the public interest to increase and
Southold Town Meeting Agenda - September 25, 2007
Page 25
improve the facilities of the District, and ordered that such facilities be so increased and
improved;
Now, therefore, be it
RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN
THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds
of all the members of said Board) AS FOLLOWS:
Section 1. The Town hereby appropriates the amount of $125,000 for the
increase and improvement of facilities of the District, consisting of various upgrades to the
wastewater pump station, the installation of a generator to replace the existing generator,
installation of a propane tank, including the construction of the foundation therefor, the removal
and replacement of the underground diesel fuel tank and reconstruction of the leach field pipe
and other work related, appurtenant and supplemental thereto, including any original equipment,
machinery, and apparatus required therefore (herein sometimes referred to as “Sewer
Improvement”). The estimated maximum cost thereof, including preliminary costs and costs
incidental thereto and the financing thereof, is $125,000. The plan of financing includes the
issuance of $125,000 bonds of the Town to finance said appropriation and the assessment, levy
and collection of assessments upon the several lots and parcels of land within the District which
the Town Board shall deem especially benefited by said Sewer Improvement, so much upon and
from each as shall be in just proportion to the amount of benefit which the Sewer Improvement
shall confer upon the same.
Section 2. Serial bonds of the Town are hereby authorized to be issued in the
principal amount of $125,000 pursuant to the provisions of the Local Finance Law, constituting
Southold Town Meeting Agenda - September 25, 2007
Page 26
Chapter 33-a of the Consolidated Laws of the State of New York (herein called “Law”), to
finance said appropriation.
Section 3. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness of the Sewer Improvement, being the
specific object or purpose for which said bonds are authorized to be issued, within the limitations
of Section 11.00 a. 4 of the Law, is thirty (30) years.
(b) The proceeds of the bonds herein authorized and any bond anticipation notes
issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made
after the effective date of this resolution, or for expenditure made prior to the effective date of
this resolution if a declaration of intent to issue bonds has been made, for the purpose for which
said bonds are authorized. The foregoing statement of intent with respect to reimbursement is
made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury
Department.
(c) The proposed maturity of the serial bonds authorized by this resolution will
exceed five (5) years.
(d) The Town Board, as lead agency, has given due consideration to the impact
that the Sewer Improvement may have on the environment and has determined that such project
is a Type II Action pursuant to the New York State Environmental Quality Review Act
(“SEQRA”), constituting Article 8 of the New York Environmental Conservation Law, and
pursuant to 6 N.Y.C.R.R., Regulations Part 617.5 (c)(2), and no further environmental review is
required.
Section 4. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of said bonds shall contain the recital of validity
Southold Town Meeting Agenda - September 25, 2007
Page 27
prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation said
bonds shall be general obligations of the Town, payable as to both principal and interest by a
general tax upon all the taxable real property within the Town without limitation as to rate or
amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual
payment of the principal of and interest on said bonds and any notes issued in anticipation of the
sale of said bonds, and provision shall be made annually in the budget of the Town by
appropriation for (a) the amortization and redemption of the bonds and any notes issued in
anticipation thereof to mature in such year and (b) the payment of interest to be due and payable
in such year.
Section 5. Subject to the provisions of this resolution and of the Law and
pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds
with substantially level or declining annual debt service, Section 30.00 relative to the
authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to
60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing
bond anticipation notes and prescribing the terms, form and contents and as to the sale and
issuance of the bonds herein authorized, and the renewals of said bond anticipation notes, and
relative to executing contracts for credit enhancements and providing for substantially level or
declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of
the Town.
Section 6. The validity of the bonds authorized by this resolution, and of any
notes issued in anticipation of said bonds, may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
Town is not authorized to expend money, or
Southold Town Meeting Agenda - September 25, 2007
Page 28
(b) the provisions of law which should be complied with at the date of the
publication of such resolution, or a summary thereof, are not substantially
complied with, and
an action, suit or proceeding contesting such validity is commenced within twenty days after the
date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Section 7. This resolution shall take effect immediately and the Town Clerk is
hereby authorized and directed to publish the foregoing bond resolution, in summary, in
Exhibit “A,”
substantially the form annexed hereto and made a part hereof and designated in
“SUFFOLK TIMES” and “NEWSDAY,” two newspapers each having a general circulation in
said Town, which newspapers are hereby designated as the official newspapers of the Town for
such publication, together with the Town Clerk’s statutory notice in the form prescribed by
Section 81.00 of the Local Finance Law of the State of New York.
The adoption of the foregoing Resolution was duly put to a vote on roll call,
which resulted as follows:
Hon. Scott A. Russell, Supervisor voting______________
Louisa P. Evans, Justice voting______________
William P. Edwards, Councilperson voting______________
Thomas H. Wickham, Councilperson voting______________
Daniel C. Ross, Councilperson voting______________
Albert J. Krupski, Jr., Councilperson voting______________
The Resolution was declared adopted.
Southold Town Meeting Agenda - September 25, 2007
Page 29
Vote Record - Resolution RES-2007-772
?
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
2007-773
CATEGORY: Property Acquisition Purchase
DEPARTMENT: Land Preservation
Bittner - Elect to Purchase
WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of
the purchase of fee title to certain properties owned by Jacqueline Moeller and TMJ Realty Inc.
th
a/k/a Bittner properties on the 25 day of September, 2007, 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 properties are identified as SCTM #1000-58-1-1, #1000-68-1-17.2,
and #1000-68-1-17.3. The total area of the properties is 58± acres. The addresses of the
properties are respectively 5415, 4305 & 4305 Soundview Avenue in Peconic. The properties are
located in the R-80 zoning district. The properties begin approximately 4300 feet westerly on
Soundview Avenue from the intersection of Soundview Avenue and Kenney’s Road in Southold.
The combined properties include 1360± feet of road frontage on Soundview Avenue and 1404±
feet along Long Island Sound; and,
WHEREAS, the proposed acquisition is for the Town, in a 50%/50% partnership with the
County of Suffolk, to acquire fee title as tenants in common to the entire 58± acres for open
space passive recreational purposes. The exact area of the purchase is subject to survey. The
purchase price for the entire 58± acre property is $13,294,000 (thirteen million two hundred
ninety-four thousand dollars) plus acquisition costs. The purchase price and acquisition costs will
be shared equally by the Town of Southold and County of Suffolk and will be funded by the
Town’s Community Preservation Fund and the County of Suffolk Legacy Fund. The Town is
eligible for funding from an awarded $1,464,735 (one million four hundred sixty-four thousand
seven hundred thirty-five dollar) federal grant from the US National Oceanic and Atmospheric
Administration, Coastal Estuarine Land Conservation Program (NOAA/CELCP). The property
includes a vacated residential structure and bulkheading; both will be removed in their entirety
upon obtaining fee title to these parcels. The County will not be responsible for removal costs of
the residential structure; and
Southold Town Meeting Agenda - September 25, 2007
Page 30
WHEREAS, the property is listed on the Town’s Community Preservation Project Plan as
property that should be preserved for the following purposes: preservation of open space; nature
preserve or recreational areas; preservation of undeveloped beachlands or shorelines; and
preservation of unique or threatened ecological areas. Uses of the property shall be limited to
those consistent with passive recreational uses and shall be designed in accordance with the
environmentally significant nature of the property. Proposed uses of the property may include the
establishment of a nature preserve and passive recreational area with trails and limited parking
for trail access purposes. A Management Plan will be developed for the property; 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 determined, that due to the
nature of the funding for the acquisition, no sanitary flow credits will be available for transfer
from the property; and
WHEREAS, the purchase of fee title to these properties for open space purposes is in
conformance with the provision of Chapter 185 (Open Space Preservation) and Chapter 17
(Community Preservation Fund) of the Town Code of the Town of Southold; 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 recommended that this action is consistent with the LWRP; and
WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition,
and recommends that the Town Board acquire fee title to this open space acquisition; and
WHEREAS, the Town Board deems it in the best public interest that the Town of Southold
purchase fee title on these properties; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase fee title to
certain properties owned Jacqueline Moeller and TMJ Realty Inc. a/k/a Bittner properties
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 properties are
Southold Town Meeting Agenda - September 25, 2007
Page 31
identified as SCTM #1000-58-1-1, #1000-68-1-17.2 and #1000-68-1-17.3. The total area of the
properties is 58± acres. The addresses of the properties are respectively 5415, 4305 & 4305
Soundview Avenue in Peconic. The properties are located in the R-80 zoning district. The
properties begin approximately 4300 feet westerly on Soundview Avenue from the intersection
of Soundview Avenue and Kenney’s Road in Southold. The combined properties include 1360±
feet of road frontage on Soundview Avenue and 1404± feet along Long Island Sound. The
proposed acquisition is for the Town, in a 50%/50% partnership with the County of Suffolk, to
acquire fee title as tenants in common to the entire 58± acres for open space passive recreational
purposes. The exact area of the purchase is subject to survey. The purchase price for the entire
58± acre property is $13,294,000 (thirteen million two hundred ninety-four hundred thousand
dollars) plus acquisition costs. The purchase price and acquisition costs will be shared equally by
the Town of Southold and County of Suffolk and will be funded by the Town’s Community
Preservation Fund and the County of Suffolk Legacy Fund. The Town is eligible for funding
from an awarded $1,464,735 (one million found hundred sixty-four thousand seven hundred
thirty-five dollars) federal grant funding from The US National Oceanic & Atmospheric
Administration, Coastal Estuarine Land Conservation Program (NOAA/CELCP). The property
includes a vacated residential structure and bulkheading; both will be removed in their entirely
upon obtaining fee title to these parcels. The County will not be responsible for removal costs of
the residential structure. The property is listed on the Town’s Community Preservation Project
Plan as property that should be preserved for the following purposes: preservation of open
space; nature preserve or recreational areas; preservation of undeveloped beachlands or
shorelines; and preservation of unique or threatened ecological areas. Uses of the property shall
be limited to those consistent with passive recreational uses and shall be designed in accordance
with the environmentally significant nature of the property. Proposed uses of the property may
include the establishment of a nature preserve and passive recreational area with trails and
limited parking for trail access purposes. A Management Plan will be developed for the property.
As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold,
Section 117-5, the Land Preservation Coordinator has determined, that due to the nature of the
funding, no sanitary flow credits will be available for transfer from the property. The purchase of
fee title to these properties for open space purposes is in conformance with the provision of
Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the
Town Code of the Town of Southold. 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 recommended that this action is
consistent with the LWRP.
Southold Town Meeting Agenda - September 25, 2007
Page 32
Vote Record - Resolution RES-2007-773
?
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. Motion To:
Motion to recess to Public Hearing
COMMENTS - Current Meeting:
RESOLVEDbe and hereby is declared
that this meeting of the Southold Town Board
Recessed in order to hold a public hearing.
2. Public Hearing Call to Order FISD Bond 7:35 PM
3. Moeller/Bittner Set Public Hearing, September 25, 2007 7:40 Pm
VIII. CLOSING STATEMENTS
Motion To:
Adjourn Town Board Meeting
COMMENTS - Current Meeting:
RESOLVED
that this meeting of the Southold Town Board be and hereby is declared adjourned at
__________ P.M.
* * * * *
Elizabeth A. Neville
Southold Town Clerk