HomeMy WebLinkAboutSuffolk CountyTown of Southold - Letter
Board Me~ting of January 16, 2007
RESOLUTION 2007-102
ADOPTED
Item # 20
DOC ID: 2518
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-102 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 16, 2007:
WHEREAS the Town Board of the Town of Southold, in resolution # 2005-734 requested the
County of Suffolk to transfer the Sanitary Flow Credits from a parcel of property owned by the
County at the comer of Main Road and Chapel Lane, Greenport known as SCTM# 1000-45-1-10
to the Town of Southold for deposit into the Town's Sanitary Flow Credit bank; and
WHEREAS the eight (8) credits associated with this property are from the Greenport school
district; and
WHEREAS the eight credits will be transferred at no cost to the Town, and the Town Board
committed in the aforementioned resolution that the credits will be made available for affordable
housing at no cost to the eventual recipient of the credits; and
WHEREAS the County of Suffolk has delivered a quitclaim deed dated December 13, 2006
transferring eight (8) sanitary flow credits from said parcel to the Town of Southold; and it is
therefore
RESOLVED that eight (8) Sanitary Flow Credits be deposited into the Sanitary. Flow
Credit Bank solely and exclusively for affordable housing purposes in accordance with the
terms and conditions contained in the deed and the resolutions of the Town and the County.
RESULT:
MOVER:
Elizabeth A. Neville
Southold Town Clerk
ADOPTED [UNANXMOUS]
Daniel C. Ross, Councilman
Generated January 17, 2007 Page 26
Town of Southold - Letter Board Meeting of January 16, 2007
SECONDER: Thomas H. Wickham, Councilman
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
Generated January 17, 2007 Page 27
ELIZABETH NEVILLE
TOWN CLERK
ISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
ORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
PO Box 1179
Southold, NY 11971
Fax (631) 765-6145
Telephone: (631) 765 - 1800
southoldtown.northfork.net
RESOLUTION # 2005-734
Resolution ID: 1316
Meeting: 11/22/05 07:30 PM
Department: Town Attorney
Category: Sanitary Flow Credits
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-734 WAS ADOPTED AT
THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 22, 2005:
WHEREAS, the County of Suffolk owns a parcel of property located at the comer of Main Road and Chapel
Lane, Greenport, known as SCTM# 1000-45-1-10; and
WHEREAS the County intends to retain the property as parkland in its undeveloped condition in perpetuity,
and transfer the Sanitary Flow Credits to the Town of Southold; and
Iap EREAS the Sanitary Flow Credits associated with the parcel of property will be banked in accordance with
ter 87 of the Southold Town Code and used only for affordable housing purposes; and
WHEREAS the credits will be transferred to the Town of Southold Bank at no cost to the Town, and the
County will require only that the credits be made available for affordable housing at no cost to the eventual
recipient of the credits; and it is therefore
RESOLVED that the Town Board of the Town of Southold hereby requests the County of Suffolk to
transfer the aforementioned Sanitary Flow Credits to the Town of Southold and further authorizes the
Supervisor to take all necessary steps to deposit the credits into the Town Bank~ including the execution
of all necessary documents and payment of any necessary expenditures associated with acquisition; and be
it further
RESOLVED that the Town Clerk is hereby authorized to forward a certified copy of this resolution to County
of Suffolk, Kevin Law, Deputy County Executive, H. Lee Dennison Building, 100 Veterans Memorial
P.O. Box 6100, Hauppauge, New York 11788; Cotmty of Suffolk, Department of Planning, Division
Estate, Patricia Zielenski, P.O. Box 6100, Hauppauge, NY 11788; Elaine Harrison, Office of the
Suffolk County Treasurer, 330 Center Drive, Riverhead, New York 11901; Honorable Michael J. Caracciolo,
Legislator, First District, 423 Griffing Avenue, Riverhead, New York 11901; the Supervisor's Office; the Land
Preservation Department; the Special Projects Coordinator and the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
Page 2
PATRICIA B. ZIELENSKI
DIVISION DIRECTOR
UUUI~I I ir Ul=
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
MICHAEL J. DEERING
COMMISSIONER
Robert Scott, Jr. Assessor
Town of Southold
53095 Main Rd., PO Box 1179
Southold, NY 11971
DEPARTMENT OF ENVRONMENT AND
ENERGY
DIVISION OF REAL PROPERLY ACQUISITION
Dec. 13,2006
RE: TAX MAP NUMBER: 1000-045-01-010
l)fi::C '1 5 2006
Dear
Mr. Scott :
Enclosed is a ~O~lof a Quitclaim Deed dated 12/13/06 ,and
delivered on 3/06 ' and duly executed by the Director of
the Division of Real Estate, transferring title to the above-named
lek.
is forwarded to you to enable you to update your records.
very truly yours,
AUCtiOn/Sales Unit
(631) 853-59.
3D
pc w/deed:
. An ie M. Car enter, suffol~ Founty Treasurer
Hon_ g P
-:clie Baffa, Insurance Mgr.,.RlSk MFn~9emen~
~liam 3. colavito, P.E Principal. ClVll Engineer, DPW
Penny wells LaValle, Director, Real Property
pc: Accounting unit
enclosure
LOCATION MAILING ADDRESS (631) 853-5900
H. LEE DENNISON BLDG. - 2"d Floor * P.O. BOX 6100 + Fax (631) 853-5906
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 117884)099 Fax (631) 853~5905
SUFFOLK COUNTY
QUITCLAIM DEED
DISTRICT
1000
9ECTION
D45.00
BLOCK
DI.O0
~OT
DlO.O00
THIS INDENTURE, made the /~4~ day o~~, 2006
BETWEEN the COUNTY OF SUFFOLK, a municipal corporation of
the State of New York, having its principal office at the
Suffolk County Center, Center Drive, Riverhead, New York 11901,
party of the first part, and
TOWN OF SOUTHOLD, a municipal corporation of the State of
New York, having its principal offices at 53095 Route 25, P.O.
Box 1179, Southold, New York 11971, party of the second part,
WITNESSETH, that the party of the first part, pursuant to
Resolution Number 836-2006 adopted by the Suffolk County
Legislature on August 8, 2006 and, thereafter, approved by the
County Executive on August 16, 2006, in consideration of Ten
Dollars, payment waived and other valuable consideration paid
by the party of the second part, does hereby release and
quitclaim unto the party of the second part, the heirs or
successors and assigns of the party of the second part forever,
ONLY, the eight (8) Sanitary Flow Credits associated with
the subject parcel shall be conveyed to the Town of Southold,
Suffolk County, New York subject to the deed restrictions
contained in Section A36-2C of the Suffolk County
Administrative Code, which restrictions shall run with the land
that the Sanitary Flow Credits will be transferred to and be
enforceable by the County of Suffolk, being in the Town of
Southold, County of Suffolk and State of New York, described on
the Tax Map of the Suffolk County Real Property Tax Service
Agency as District 1000, Section 045.00, Block 01.00, Lot
010.000, and ~cquired by Tax Deed on October 3, 2001, from John
C. Cochrane, the County Treasurer of Suffolk County, New York
and recorded on October 10, 2001, in Liber 12146, CP 192,
FURTHER, notwithstanding the above, it is the intention of
this conveyance to give only sanitary flow credits associated
with such property as was acquired by the County of Suffolk by
Tax Deed on October 3, 2001, from John C. Cochrane, the County
Treasurer of Suffolk County, New York and recorded on October
10, 2001, in Liber 12146, CP 192.
PROVIDED, however, that the Town of Southold will be
restricted in its use of the sanitary flow credits and will use
said premises Solely and exclusively for workforce housing
purposes; with all right title and interest reverting to the
party of the first part in the event that the Town of Southold,
at any time, uses or attempts to use said credits for other than
workforce housing purposes or attempts to sell, transfer or
otherwise dispose of said credits without said credits being used
thereafter for workforce housing purposes. This covenant and
restriction will run with the land and shall bind the heirs or
successors and assigns of the party of the second part,
SUBJECT to all covenants, restrictions and easements of
record, if any.
SUBJECT to the condition that neither. Grantee nor any
Municipality shall bill or charge back to Grantor any cost
incurred or projected to be incurred for the cleaning up of any
debris on said property. In the event that such charge back or
bill is rendered to the Grantor this Deed shall be void ab initio
and the realty shall revert to the Grantor.
THE WORD "PARTY" shall be construed as if it read "parties"
whenever the sense of this indenture so requires.
IN WITNESS WHEREOF, the party of the first part has duly
executed this deed the day and year first above written.
In Presence Of:
COUNTY OF SUFFOLK, NEW YORK
'PATRICIA B. Z~NSKI, Division Director
Division of Real Property Acquisition
and Management
Department of Environment and Energy
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
On the /W~ day of~~ in the year c~b
before me, the undersigned, personally appeared Patricia B.
Zielenski, personally known to me or proved to me on the basis
of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that
she executed the same in her capacity, and that by her
signature on the instrument, the individual, or the person upon
behalf of which the individual acted, executed the instrument.
QUITCLAIM DEED
SUFFOLK COUNTY
TO
TOWN OF SOUTHOLD
Notary Public: State qf/N/~w York
/' / JAMES F. DONOVAN ~ .
/ ~otary Public, State of New York
c ~ No. 01DO~1983 ~
] Qualified i~ Suffolk C0unW
Commission Expires J~
RECO~ ~ RET~ TO:
Fax se~% ~ : 6318534888 Eco De~/~kfce H~B~ 01/08/~? 16:0)- P~: ~/3
Intro. Res. No, 1858-2006 Laid on Table
introduced by Presiding Officer, on request of the County Executive
RESOLUTION NO. 836 -2006, AUTHORIZING THE SALE OF
SANITARY FLOW CREDITS ASSOCIATED WITH COUNTY-OWhlED
REAL PROPERTY PURSUANT TO SECTION ?2-H OF THE GENERAL
MUNICIPAL LAW TO THE TOWN OF SOMTHOLD FOR AFFORr1'AI~LE
HOUSING PURPOSES
WHEREAS, the County of Suffolk is the fee owner of a certain parc~,, that is surplus to the
needs of the County of Suffolk known as Suffolk County Tax Map Number 1000-[:45.00-01.00-010.000,
which is particularly described in Exhibit "A"; and
WHEREAS, Section 72-h of the General Municipal Law permits th(, sale of an interest of
real property between Municipal Corporations; and
WHEREAS, the Town of Southold, Suffolk County, New York, has requested the County of
Suffolk convey the Sanitary Flow Credits associated with the subject parcel to the -I'own of Southold. (see
annexed Town of Southold Resolution No. 734-2005 hereto marked as Exhibit "B"); a~lc~
WHEREAS, the transfer of the Sanitary Flow Credits associated witl' '[he subject parcel are
)ursuant to and in accordance with Local Law Nos. 13-2000, 2-2002 and 17-2004, ,vl3ich established and
modified the Affordable Housing Opportunities Program; and
WHEREAS, the Suffolk County Department of Planning has appreve~: 1he use of this par~et
for the purpose stated above, which will result in the said property to be transferred to the Department of
Parks, Recreation and Conservation for passive recreational uses; now, therefore be
1st RESOLVED, that the Sanitary Flow Credi[s associated with the .%lbject parcel shall be
conveyed to the Town of Southold, Suffolk Counh/, New York for workforce housing L se:
1. The Town of Southoid shall provide the Suffolk County Director of Affordable Housing
with an annual wdtten report, no later than December 31. of each year commencing
December 31, 2006, outlining the exact and precise use to w!lich the Sanitary Flow
Credits from the subject premises has been put to along with the, net proceeds
generated by the use of the Sanitary Flow Credits, which may H0': exceed tfle amount
paid by the Town.
2. The Town of Southold and all subsequent Grantees shall cor~]p,y with all applicable
Federal, State, and Local regulations pertaining to the price, !ncome eligibility, and
marketing standards in effect for affordable housing programs; a ~d be it further
2nd RESOLVED, that the eight (8) Sanitary Flew Credits associated with th~ subject parcel shall
be conveyed to the Town of Southold, Suffolk County, New York subject to the dee(~ restrictions contained
in Section A36-2C of the Suffolk County Administrative Code, w~ich restrictions she. il l'un.with the land that
the Sanitary Flow Credits will be transferred to and be enforceable by the County of ~;u~folk; and be it further
3~ RESOLVED, that the conveyance of the eight (8) Sanitary Flow Cra;tits associated with the
subject parcel described in Exhibit ~A" to ~he Town of Southold for the purposes des¢.ribed herein shall be
for the sum of One and 00/100 Dollar (to be waived); and be it further
4~ RESOLVED, that Patricia B. Zie[enski, Director of the Division of Real Property Acquisition
and Management, or her Deputy, be and hereby is authorized to execute and acknov~ledg~e a quitclaim deed
to transfer the interest of Suffolk County in the above-described property, being ssi(: ~:anitary Flow Credits
http://www.co,suffolk.ny.ustlegis/resos2006/il $$8-06.htm 1/8/2007
Fax sen~. b~ : ~,318534888 Eco Dev/W]~'ce Hsd9, 81/'88/87 16:82
upon the above-described terms and conditions; and be it further
5t~ RESOLVED, that Director of the Division of Real Property AcquiSition a'~d Management, be
authorized to transfer to the Suffolk County Department of Parks. Recreation and Conservation, No Number
Montauk Highway, Sayville, New York, the interest of Suffolk County in the above described propert7 for
=assive park purposes; and be it further
6· RESOLVED. that said parcel is held in public use and free of taxation under Section 406 (1)
New York Real Property Tax Law and the assessor of the Town of Southold and all ether assessors having
ur[sdiction thereof, be and they hereby are directed to mark the assessment rolls of their jurisdiction to
show that said property is owned by the County of Suffolk and is exempt from tax;?Jon and exempt from
special ad valorem levies end special assessments to the extent permitted by law. an~ further that the Clerk
of the Legislature shall transmit a copy of this resolution to the aforestated assessor f~:,-':his purpose; and be
it further
7th RESOLVED, that this Legislature, being the State Envircnment~,l ~uality Review Act
(SEQRA) Lead Agency hereby finds and determines that the adoption of this resolut[or~ is a Type II Action,
constituting a Legislative decision in connection with routine or continuing agency administration and
management, not including new programs or a major re-ordering of priorities (NYCR[~. Section 617.5(c)(20)
and (27)). As a Type II Action, the Legislature has no further responsibilities und~?r SEQRA (6 NYCRR
Section 6175(a)).
DATED: August 8, 2006
APPROVED BY:
Is/Steve Levy
County Executive of Suffolk County
Date; August 16, 2006
Exhibit
Suffolk County Tax Map No, District: 1000, Section: 045.00, Block; 01.00, Lot: 010,000, being 8.2;I; acres
and acquired by Tax Deed on October 3, 2001 and recorded on October 10 2001 in I.iber 12146 at Page
192 and described as follows, Town of Southold, N x now or formerly Cormic Feeney E x Chapel Lane, S x
Main Highway, W x now or formerly Buttler,
http://www.co.su ffolk.ny .us/legis/resos2006/i 1858-06.htm 1/8/200/