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HomeMy WebLinkAboutTB-05/23/2006 ELIZABETH A. NEVILLE TOWN CLERK Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631)765 - 1800 southoldtown.northfork.net REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES May 23, 2006 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday,~~~123, 2006 at the Meeting Hall, Southold, NY. Supervisor Russell opened the meeting at 4:30 PM with the Pledge of Allegiance to the Flag. Attendee Name Albert Krupski Jr. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Elizabeth A Neville Kieran Corcoran Scott Russell Title . Councilman Councilman Town of South old Councilman - ---'1"- Town of Southold 'Councilman - Town of Southold Justice .~.. _'.e,','e"'u"'''''_''_'' . Town of Southold Town Clerk ,.,..,...._..M._..W _ Town of Southold Asst Town Attorney 1 Town of South old Su ervisor Status Present Present Present Present Present Present Present Present Arrived I. Revorts 1. North Fork Animal Welfare League I st Quarter 3/06 and 3/05 2. North Fork Animal Welfare League Year End Report 2005 3. Recreation Department April 2006 4. Trustees April 2006 5. Health Claim Lag Report 5/05-4/06 Page I May 23,2006 Town of Southold Board Meeting Minutes 6. Town Clerk Monthly Report April 2006 7. Programs for the Disabled April 2006 II. Public Notices III. Communications 1. Thank You Letter Sydney Campbell IV. Discussion 1. 9:00 A.M. Drug Testing Policy Barbara Rudder 2. 9:30 A.M. Youth Assessment Needs Phillip BeItz 3. 10:00 A.M. Review of Conservation Subdivision Standards Mark Terry 4. 11:00 A.M. Mattituck-Laurel Historical Society S. Role of ZBA Member In the Legislative Process 6. Bias Incident Information Reward Fund Supervisor Russell 7. Alternative & Renewal Energy Committee Membership 8. Proposed Code Adoption 9. Fishers Island Hamlet Study Justice Evans 10. Notes From Code Committee Councilman Wickham 11. Proposal/Contract for Update of Town Water Map Nelson, Pope & Voorhis 12. Executive Session CSEA memorandum of Agreement re: PSD's Page 2 May 23, 2006 Town of Southold Board Meeting Minutes 13. Cross Sound Ferry Impact Study Cleary Consulting V. Minutes Approval 1. Tuesday, March 28, 2006 2. Tuesday, May 09, 2006 VI. Resolutions 1. Statement SUPERVISOR RUSSELL: Welcome to the May 23, 2006 Town Board meeting. Please rise and join with me in the Pledge of Allegiance to the Flag. This is the point in the evening where you get to come up and comment on any of the agenda items we will be voting on. NICHOLAS TSOUNIS: Hi, my name is Nicholas Tsounis from Mattituck, New York. SUPERVISOR RUSSELL: Hi, Nick. MR. TSOUNIS: I think it is a great thing, I was reading that you are going to have an alternative energy. I think that is a great thing and watching Southold do their part to help out in the alternative energy movement. Congratulations on the Southold (inaudible), I hope you will vote for it. Thank you. SUPERVISOR RUSSELL: Anybody else? (No response) We will move forward. 2006-455 CATEGORY: DEPARTMENT: Audit Town Clerk Approves the Audit Date May 23, 2006 RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated ./ Vote Record - Resolution 2006-455 Yes/Aye No/Nay Abstain Absent Ii'! Adopted Albert Krupski Jr. Seconder Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-456 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Next Town Board Meeting June 6, 2006 Page 3 May 23,2006 Town of Southold Board Meeting Minutes RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, June 6, 2006 at the Southold Town Hall, Southold, New York at 7:30 P. M.. ./ Vote Record - Resolution 2006.456 Yes/Aye No~ay Abstain Absent 0 Adopted Albert Krupsl<iJr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Seconder 0 0 0 0 0 Withdrawn Louisa P. Evans Initiator 0 0 0 0 Scott Russell Voter 0 0 0 0 2006-457 CATEGORY: DEPARTMENT: Budget Modification Town Clerk ModifY the 2006 Whole Town Budget - Town Clerk RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 Whole Town budl!et as follows: From: A.1990.4.1 00.1 00 Unallocated, C.E. Unallocated Contingencies $900.00 To: A.1410.4.200.100 Utilities Cellular Telephone $900.00 ./ Vote Record. Resolution 2006-457 Yes/Aye NolNay Abstain Absent 0 Adopted Albert Krupski Jr. Initiator 0 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Voter 0 0 0 0 0 Withdrawn Louisa P. Evans Seconder 0 0 0 0 Scott Russell Voter 0 0 0 0 2006-458 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission for the 8Th Annual Mighty North Fork Triathlon to Use Certain Town Roads on July 9Th, 2006 RESOLVED that the Town Board of the Town of Southold hereby l!rants permission for the Page 4 May 23, 2006 Town of South old Board Meeting Minutes nib Annual Mil!.htv North Fork Triathlon" sponsored by Event Power for the benefit of Cornell Marine Science Center and Rick Shalvey's Row for a Cure (Breast Cancer Research), on Sunday. Julv 9. 2006 for its "8th Annual Mighty North Fork Triathlon", at Cedar Beach Park, Southold, New York, to use the following roads: Page 5 May 23,2006 Town of Southold Board Meeting Minutes Cedar Beach Road Paradise Point Road Main Bayview Road Jacobs Lane N. Bayview Road Brigantine Drive Harbor Light Road Windjammer Drive Anchor Lane Dayton Road North Parish Drive Pine Neck Road Baywater Avenue South Harbor Hiawathas Path Nokomis Road Minnihaha Blvd. Longview Lane Wateredge Way Rambler Road provided they file with the Town Clerk a One Million Dollar Certificate ofInsurance naming the Town of Southold as an additional insured and secure permission from Suffolk County Parks, Recreation and Conservation for their use of Cedar Beach Park; and applicant must contact Capt. Flatley to coordinate traffic control within ten (10) days of the adoption of this resolution. Y' Vote Record - Resolution 2006-458 Yes/Aye No/Nay Abstain Absent Ii'! Adopted i\lbtm Krupski Jr. Seconder Ii'! D D D D Adopted as Amended William P. Edwards Initiator Ii'! D D D D Defeated Daniel C. Ross Voter Ii'! D D D D Tabled Thomas H. Wickham Voter Ii'! D D D D Withdrawn Louisa P. Evans Voter Ii'! D D D Scott Russell Voter Ii'! D D D 2006-459 CATEGORY, DEPARTMENT, Litigation Town Attorney Retains Frank A. Isler, Esq., As Special Counsel In the Matter of Robert Ehrlich V Southold Town Planning Board RESOLVED that the Town Board of the Town of Southold hereby retains Frank A. Isler. ESQ.. as Special Counsel in the matter of Robert Ehrlich v. Southold Town Plannin!!: Board. Page 6 May 23, 2006 Town of Southold Board Meeting Minutes ./ Vote Record ~ Resolution 2006-459 Yes/Aye NOlNay Abstain Absent Ii'I Adopted Albert Krupski Jr. Seconder Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'I 0 0 0 0 Defeated Daniel C. Ross Voter Ii'I 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'I 0 0 0 Scott Russell Voter Ii'I 0 0 0 2006-460 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Amend Date of Public Hearing Pertaining to the Minor Exempt Actions List of the Waterfront Consistency Review Law RESOLVED that the Town Board of the Town of Southold hereby changes the Public Hearing date of resolution #2006-443, adopted at the May 9, 2006 regular Town Board meeting which pertains to A Local Law in relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Review Law", to the 6th day of June, 2006 at 8:05 p.m. . ./ Vote Record - Resolution 2006-460 Yes/Aye No/Nay Abstain Absent Ii'I Adopted Albert Krupski Jr. Voter Ii'I 0 0 0 0 Adopted as Amended William P. Edwards [oitiator Ii'I 0 0 0 0 Defeated Daniel C. Ross Voter Ii'I 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'I 0 0 0 Scott Russell Voter Ii'I 0 0 0 2006-461 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement with the Suffolk County Office of the Agingfor Community Servicesfor the Elderly Residential Repair Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Al!:reement with the Suffolk County Office of the Al!:inl!: for community services for the Elderly Residential Repair Prol!:ram, IFMS No. SCS EXE 0000000 No. 001-6777-4980-95285 from April I, 2006 through March 31,2007, subject to the approval ofthe Town Attorney. Page 7 May 23, 2006 Town of South old Board Meeting Minutes .,/ Vote Record - Resolution 2006-461 \,~s/Aye N"olNay Abstain Absent Ii'I Adopted Albert Krupski Jr. Voter Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'I 0 0 0 0 Defeated Daniel C. Ross Voter Ii'I 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'I 0 0 0 Scott Russell Voter Ii'I 0 0 0 2006-462 CATEGORY, DEPARTMENT, Contracts, Lease & Agreements Community Development Authorize and Direct Supervisor Scott A. Russell to Execute an Agreement with Cornell Cooperative Extension RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Al!reement with Cornell Cooperative Extension in connection with the 2006 Shellfish Program, in the amount of $18,000 for the term 1/1/2006 through 12/31/2006, all in accordance with the approval of the Town Attorney. This shall be a legal charge against the General Fund Whole Town 2006 budget, A.8830.4.400.1 00. .,/ Vote Record - Resolution 2006-462 Yes/Aye No/Nay Abstain Absent Ii'I Adopted Albert Krupski Jr. Initiator Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii'I 0 0 0 0 Defeated Daniel C. Ross Voter Ii'I 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'I 0 0 0 Scott Russell Voter Ii'I 0 0 0 2006-463 CATEGORY, DEPARTMENT, Contracts, Lease & Agreements Community Development Authorize and Direct Supervisor Scott A. Russell to Execute an Agreement with the Family Service League of Suffolk County for the 2006 Southold Youth Services Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Al!reement with the Familv Service Leal!ue of Suffolk County for the 2006 Southold Youth Services Prol!ram, in the amount of$33,000 for the term 1/1/2006 through 12/31/2006, all in accordance with the approval of the Town Attorney. This shall be a legal charge against the General Fund Whole Town 2006 Budget, A.42 I 0.4.500.400. Page 8 May 23, 2006 Town of Southold Board Meeting Minutes '" Vote Record - Resolution 2006-463 Yes/Aye NolNay Abstain Absent '" Adopted Albert Krupski Jr. Seconder '" 0 0 0 0 Adopted as Amended William P. Edwards Initiator '" 0 0 0 0 Defeated Daniel C. Ross Voter '" 0 0 0 0 Tabled Thomas H. Wickham Voter '" 0 0 0 0 Withdrawn Louisa P. Evans Voter '" 0 0 0 Scott Russell Voter '" 0 0 0 2006-464 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Community Development Authorize and Direct Supervisor Scott A. Russell to Execute an Agreement with Cornell Cooperative Extension RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an A!!:reement with Cornell Cooperative Extension in connection with the Laurel Lake Preserve - Trails and Habitat Delineation using GPS/GIS and Floral/Faunal Identification Project in the amount of $20,000for the term 6/1/2006 through 6/1/2007, all in accordance with the approval ofthe Town Attorney. This shall be a legal charge against the 2006 Community Preservation Fund H3.87l 0.2.400.200. .,/ Vote Record - Resolution 2006-464 Xes/Aye NolNay Abstain Absent '" Adopted AJbt:t1I(rups1<:iJr. Voter '" 0 0 0 0 Adopted as Amended William P. Edwards Voter '" 0 0 0 0 Defeated Daniel C. Ross Initiator '" 0 0 0 0 Tabled Thomas H. Wickham Seconder '" 0 0 0 0 Withdrawn Louisa P. Evans Voter '" 0 0 0 Scott Russell Voter '" 0 0 0 2006-465 CATEGORY: DEPARTMENT: Litigation Town Attorney Retains Frank A. Isler, Esq., As Special Counsel In the Matter of Julius G. Blocker, As Trustee for the Julius G. Blocker Revocable Trust V. Town of Southold, the Zoning Board of Appeals of the Town of Southold, and Jonathan Zang. RESOLVED that the Town Board of the Town of South old hereby retains Frank A. Isler. ESQ.. as Special Counsel in the matter of Julius G. Blocker. as Trustee for the Julius G. Blocker Revocable Trust v. Town of Southold. the Zonin!!: Board of Appeals of the Town of South old. and Jonathan Zan!!:. Page 9 May 23,2006 Town of Southold Board Meeting Minutes ./ Vote Record ~ Resolution 2006-465 Yes/Aye NolNay Abstain Absent I<! Adopted Albert Krupski Jr. Voter I<! 0 0 0 0 Adopted as Amended William P. Edwards Voter I<! 0 0 0 0 Defeated Daniel C. Ross Voter I<! 0 0 0 0 Tabled Thomas H. Wickham Seconder I<! 0 0 0 0 Withdrawn Louisa P. Evans Initiator ~ 0 0 0 Scott Russell Voter 0 0 0 2006-466 CATEGORY, DEPARTMElVT, Employment - Town Accounting Appoint Logan C. Glidewell to the Position of a Part-Time Seasonal Deckhand RESOLVED that the Town Board of the Town of Southold hereby appoints LOl!:an C. Glidewell to the position of a Part-time Seasonal Deckhand for the Fishers Island Ferry District, effective June I, through October I, 2006, at a rate of $9.00 per hour. ./ Vote Record - Resolution 2006-466 Yes/Aye NolNay Abstain Absent I<! Adopted Albert Krupski Jr. Voter I<! 0 0 0 0 Adopted as Amended William P. Edwards Voter I<! 0 0 0 0 Defeated Daniel C. Ross Voter I<! 0 0 0 0 Tabled Thomas H. Wickham Initiator I<! 0 0 0 0 Withdrawn Louisa P. Evans Seconder I<! 0 0 0 Scott Russell Voter I<! 0 0 0 2006-467 CATEGORY, DEPARTMENT, Employment - Town Accounting Appoint Andrew J Tulba to the Position of a Seasonal Part-Time Deckhand RESOLVED that the Town Board of the Town of Southold hereby appoints Andrew J. Tulba to the position of a Seasonal Part-time Deckhand for the Fishers Island Ferry District, effective June I, through October I, 2006, at a rate of $9.00 per hour. .,/ Vote Record - Resolution 2006-467 XeslAye NOlNay Abstain Absent I<! Adopted Albert Krupski Jr. Initiator I<! 0 0 0 0 Adopted as Amended William P. Edwards Seconder I<! 0 0 0 0 Defeated Daniel C. Ross Voter I<! 0 0 0 0 Tabled Thomas H. Wickham Voter I<! 0 0 0 0 Withdrnwn Louisa P. Evans Voter I<! 0 0 0 Scott Russell Voter I<! 0 0 0 Page 10 May 23, 2006 Town of South old Board Meeting Minutes 2006-468 CATEGORY: DEPARTMENT: Employment - Town Accounting Appoint Daniel Welch to the Position of a Full-Time Scale Operator RESOLVED that the Town Board of the Town of South old hereby appoints Daniel Welch to the position of a full-time Scale Operator from the Suffolk County Department of Civil Service list of Elil!:ibles for the Southold Town Collection Center, effective May 26, 2006, at a rate of $16.6879 per hour. '" Vote Record - Resolution 2006-468 Ii'! Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn N1J~:E<plpslci}r. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Seconder Initiator Voter Voter Voter Voter y ~~ Aye Ii'! Ii'! Ii'! Ii'! Ii'! NofNay o o o o Abstain o o o o o o Absent o o o o o o 2006-469 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Master Agreement on Terms and Conditions of Accepting Airport Improvement Program Grants Between the Town of Southold and the Federal Aviation Administration RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Master Al!:reement on Terms and Conditions of Acceptinl!: Airport Improvement Prol!:ram Grants between the Town of Southold and the Federal Aviation Administration in connection with Elizabeth Field Airport. Fishers Island. New York, subject to the approval ofthe Town Attorney. ./ Vote Record - Resolution 2006-469 Yes/Aye No/Nay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Initiator Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 Page II May 23, 2006 Town of Southold Board Meeting Minutes 2006-470 CATEGORY: DEPARTMENT: Budget Modification Public Works ModifY the 2006 General Fund Whole Town Budget, Off Street Parking - Salt RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 General Fund Whole Town budl!:et as follows: From: A 5650.4.100.905 Off Street Parking Asphalt $ 2,000 To: A 5650.4.100.100 Off Street Parking Supplies & Materials $2,000 '" Vote Record - Resolution 2006~470 Y~s/t\Y~ NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-471 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Raymond Cleaves Post 861 Mattituck American Legion to Use the Following Town Roads for the Memorial Day Parade Beginning At 8:00 A.M on Monday, May 29, 2006 RESOLVED that the Town Board of the Town of Southold hereby l!:rants permission to the Raymond Cleayes Post 861 Mattituck American Lel!:ion to use the followinl!: town roads for the Memorial Day Parade bel!:inninl!: at 8:00 a,m. on Monday. May 29.2006,: Pike Street, Wickham Avenue, Westphalia Road, and Sound Avenue, Mattituck, New York provided they file with the Southold Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as the additional insured. Captain Flatley to be contacted within ten (10) days after adoption of this resolution to coordinate traffic control. Page 12 May 23,2006 Town of South old Board Meeting Minutes .,/ Vote Record ~ Resolution 2006-471 Yes/~y~ NOlNay Abstain Absent Ii'! Adopted Alber1I<rupski Jr. Seconder Ii'! 0 0 0 0 Adopted as Amended William P. Edwards ;Y()ter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-472 CATEGORY: DEPARTMENT: ClosefUse Town Roads Town Clerk Authorize the Closure of Case 's Lane, Cutchogue, New York, From 7:00 A.M. to 5:00 P.M, Saturday, July 1,2006, In the Interest of Public Safety During the Cutchogue-New Suffolk Historical Council "Annual Antiques Show and Sale" on the Village Green RESOLVED that the Town Board of the Town of Southold hereby authorizes the closure of Case's Lane, Cutcho!!ue, New York, from 7:00 a.m. to 5:00 p.m.. Saturday, July 1, 2006, in the interest of public safety durin!! the Cutcho!!ue-New Suffolk Historical Council "Annual Antiques Show and Sale" on the Villa!!e Green, provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the town of South old as an additional insured and contact Capt. Flatley at least ten (10) days prior to the event to coordinate traffic control. ./ Vote Record ~ Resolution 2006-472 Yes/Aye No/Nay Abstain Absent Ii'! Adopted i\llJert KrupsJciJr~ Initiator Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-473 CATEGORY: DEPARTMENT: Misc. Public Hearing Town Attorney Change the Date of the Public Hearingfor the Coastal Erosion Hazard Appeal of Teper man From May 23, 2006, to June 20, 2006, At 9:00 A.M. RESOLVED that the Town Board of the Town of South old hereby amends Resolution No. 394 of 2006 adopted at the April 25, 2006 meetin!! to chan!!e the date of the public hearin!! for Page 13 May 23,2006 Town of South old Board Meeting Minutes the Coastal Erosion Hazard Appeal of Teperman from Mav 23. 2006. to June 20. 2006. at 9:00 a.m. ./ Vote Record ~ Resolution 2006-473 Yes/Aye No/Nay Abstain Absent Ii'! Adopted Albert.I<rupski.Jr. Voter 0 0 Ii'! 0 0 Adopted as Amended William P. Edwards Initiator Ii'! 0 0 0 0 Defeated Daniel C. Ross Seconder Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrnwn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-474 CATEGORY: DEPARTMENT: Bid Acceptance Police Dept Accept Bid of Donald Grimfor Surplus Vehicle - Police RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Donald Grim in the amount of$101.00, for the 1994 Ford Suburban (Van), VIN 1 FMEE 11 Y2RHA89064, all in accordance with the Town Attorney. ./ Vote Record - Resolution 2006-474 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Initiator Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-475 CATEGORY: DEPARTMENT: Bid Acceptance Police Dept Accept Bid of Peter Doherty for Surplus Equipment - Police RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Peter Dohertv in the amount of $1 ,302.00, for the following equipment at Police Headquarters, all in accordance with the Town Attorney: 1991 - 24 foot Privateer W orkboat 1988 Highlander Boat Trailer $1,177.00 75.00 Page 14 May 23, 2006 Town of South old Board Meeting Minutes 13 foot Boston Whaler 50.00 ./ Vote Record - Resolution 2006-475 Yes/Aye NofNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-476 CATEGORY: DEPARTMENT: Surplus Equip - Non Usable Police Oept Declare the Canon C330D Copy Machine to be Unusable Surplus Equipment and Disposed Of WHEREAS, no bids were received for the Canon C3300 copy machine at Police Headquarters, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby declares the Canon C330D COpy machine to be unusable surplus equipment and disposed of. ., Vote Record ~ Resolution 2006-476 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-477 CATEGORY: DEPARTMENT: Seqra Public Works Determine the Design and Installation of Various Stormwater Run-Off Mitigation Systems At Pre- Selected Sites Throughout the Town of Southold is Classified As a Type II Action WHEREAS the Town Board ofthe Town of Southold has received and reviewed information and material regarding the design and installation of various Stormwater run-off mitigations systems at pre- selected sites throughout the Town of Southold, now therefore, be it Page 15 May 23,2006 Town of Southold Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold, pursuant to the provisions of the New York State Environmental Ouality Review Act (SEORA) Rules and Rel!ulations herebv determines the desil!n and installation of various Storm water run-off mitil!ation svstems at pre-selected sites throul!hout the Town of Southold is classified as a Tvpe II Action pursuant to SEORA Rules and Rel!ulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. <I' Vote Record - Resolution 2006-477 YeslAye NolNay Abstain Absent 0 Adopted Albert Krupski Jr. Initiator 0 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Seconder 0 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 0 Scott Russell Voter 0 0 0 0 2006-478 CATEGORY: DEPARTMENT: Employment - Town Town Attorney Approves the Memorandum of Agreement Between the Town of Southold and the CSEA Dated May 19. 2006 RESOLVED that the Town Board of the Town of Southold hereby approves the Memorandum of Al!reement between the Town of Southold and the CSEA dated Mav 19, 2006, relating to grievances for holiday pay for dispatchers. ./' Vote Record - Resolution 2006-478 Yes/Aye NolNay Abstain Absent 0 Adopted Albert Krupski Jr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Initiator 0 0 0 0 0 Defeated Daniel C. Ross Seconder 0 0 0 0 0 Tabled Thomas H. Wickham Voter 0 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 0 Scott Russell Voter 0 0 0 0 2006-479 CATEGORY: DEPARTMENT: Employment - Town Town Clerk Appoint Kevin M Glew to the Position of a Student Intern I In the Records Management Department of the Town Clerk's Office RESOLVED that the Town Board of the Town of Southold hereby appoints Kevin M. Glew to the position of a Student Intern I in the Records Manal!ement Department of the Town Clerk's Office, effective May 23, 2006, at a rate of $10.86 per hour. Page 16 May 23, 2006 Town of South old Board Meeting Minutes ./ Vote Record - Resolution 2006-479 Yes/Aye No/Nay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Initiator Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-480 CATEGORY: DEPARTMENT: Legislation Town Clerk Home Rule to Amend the Criminal Procedure Law, In Relation to Granting Peace Officer Status to Uniformed Court Officers WHEREAS, a bill has been introduced in the State Senate as S.7356 and WHEREAS, the bill seeks to grant peace officer status to uniformed court officers in the Town of Southold, now, therefore, be it RESOLVED, that pursuant to Article IX of the Constitution, the Town Board of the Town of Southold hereby requests the enactment of Senate bill No. S.7356 entitled "AN ACT to amend the criminal procedure law. in relation to l!rantinl! peace officer status to uniformed court officers of the Town of Southold". ./ Vote Record - Resolution 2006-480 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-481 CATEGORY: DEPARTMENT: Seqra Town Attorney Authorizes Supervisor Scott A. Russell to Retain Nelson, Pope & Voorhis, LLC to Assist In the Update and SEQRA Review of the Water Map Page 17 May 23, 2006 Town of South old Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to retain Nelson, Pope & Voorhis, LLC to assist in the update and SEORA review of the Water Map, in accordance with their Proposal dated Mav 19, 2006, at a cost not to exceed $4,500, subject to the approval of the Town Attorney. -/ Vote Record - Resolution 2006-481 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-482 CATEGORY: DEPARTMENT: Employment - Town Police Dept Grant Approval to Transfer Charles Tyler, Public Safety Dispatcher I to Southold Town Police Department RESOLVED that the Town Board of the Town of Southold l!:rants approval to transfer Charles Tvler, Public Safety Dispatcher 1, from the County of Suffolk's employ to the Town of South old's employ, at a salary of $49,865.42 (Step 4), starting date to be determined. ./' Vote Record - Resolution 2006~482 Yes/Aye NolNay Abstain Absent Ii'! Adopted Alhertl<rup*i Jr. Initiator Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-483 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Amend Resolution to Include Margaret Brown In the Transportation Commission Listing RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2006- 375 adopted at the April 25, 2006 rel!:ular Town Board meetinl!: to read as follows: Current Revised Ruth Oliva 31-Dec-06 31-Mar-07 Page 18 May 23, 2006 Town of South old Board Meeting Minutes Michalle Zaloom Frank Field Man!aret Brown Neboysha Brashich Thomas Fox 31-Dec-06 31-Dec-06 31-Dec-06 31-Dec-06 31-Dec-06 31-Mar-07 31-Mar-08 31-Mar-08 31-Mar-09 Chair 31-Mar-09 '" Vote Record w Resolution 2006-483 Yes/Aye NolNay Abstain Absent iii Adopted Albert Krupski Jr. Seconder iii 0 0 0 0 Adopted as Amended William P. Edwards Initiator iii 0 0 0 0 Defeated Daniel C. Ross Voter iii 0 0 0 0 Tabled Thomas H. Wickham Voter iii 0 0 0 0 Withdrawn Louisa P. Evans Voter iii 0 0 0 Scott Russell Voter iii 0 0 0 2006-484 CATEGORY, DEPARTMENT, Employment - Town Town Clerk Increase the Wages of All Part Time Personnel of the Fishers Island Ferry District by 3%, Effective, May 25. 2006 RESOLVED that the Town Board of the Town of Southold hereby increases the walles of all part time personnel of the Fishers Island Ferrv District bv 3%. effective. Mav 25. 2006. as follows: Benjamin Burdick Charles Burgess Jacob Bean Edward Carboni Mark Chanski Josh Davis Debbie Dixon Debra Doucette Jesse Duthrie James Eagan Eric Easter Thomas Evanko Nicholas Espinosa Nicholas Gauthier Ryan Gorra Mike Gelman 2005 $11.00 $28.41 $9.90 $9.27 $11.00 $9.50 $10.13 $12.00 $9.00 $9.00 $10.50 $10.00 $9.50 $9.01 $9.50 $10.88 2006 $11.33 $29.26 $10.20 $9.55 $11.33 $9.79 $10.43 $12.36 $9.27 $9.27 $10.82 $10.30 $9.79 $9.28 $9.79 $11.21 Page 19 May 23, 2006 Town of Southold Board Meeting Minutes Bryan Grote David Grote John Gural Tim Keating Chris Killam Matthew Lynch Jason Marks Anthony Mirabelli John Morgan Richard Niedojadlo Kenneth Ricker Bonnie Scott Jack Searle Russel F. Smith III John Stanford Evelyn Stepanek Jon-Michael Walker Matthew Willett Claus Wolter David Yale $9.50 $13.63 $15.40 $21.21 $13.00 $11.00 $9.00 $21.21 $15.40 $10.21 $22.01 $9.46 $10.63 $9.50 $14.91 $11.87 $10.50 $9.00 $11.60 $9.50 N/R $14.04 $15.86 $21.85 $13.39 $11.33 $9.27 $21.85 $15.86 $10.52 $22.67 $9.74 $10.95 $9.79 $15.36 $12.23 $10.82 $9.27 $11.95 $9.79 v' Vote Record - Resolution 2006~484 Yes/Aye l'l()fNay Abstain Absent Ii'! Adopted AI~ertI<.rupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Initiator Ii'! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-485 CATEGORY: DEPARTMENT: Budget Modification Town Clerk Modify the General Fund 2006 Budget - Assessors RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund 2006 budl!:et as foUows: To: Revenues: A .3089.70 State Aide $1,789.83 Page 20 May 23,2006 Town of Southold Board Meeting Minutes Appropriations: A.1355.4.600.200 Board of Assessors Misc. Meeting & Seminars $1,789.83 <I' Vote Record - Resolution 2006-485 Yes/Aye NolNay Abstain Absent 0 Adopted Albert Krupski Jr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Seconder 0 0 0 0 0 Tabled Thomas H. Wickham Voter 0 0 0 0 0 Withdrawn Louisa P. Evans Initiator 0 0 0 0 Scott Russell Voter 0 0 0 0 2006-486 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Clerk Approve the for the Fishers Island Ferry Districtfor the Term of June 1,2006 Until May 31,2009 RESOLVED that the Town Board ofthe Town of Southold hereby approves the followinl! leases for the Fishers Island Ferry District for the term of June 1. 2006 until Mav 31, 2009. LESSEES Harolds J. Raridon Job Faulkner Island Fuel (Propane) Walsh Race Rock Malinowski Z&S RENTAL PROPERTY 2006 DESCRIPTION RENT STATUS Office space-- Building #209 $200.00 Office space-- Building #209 $150.00 Building #383--West side $200.00 PENDING Building #383--East side $200.00 Cinderblock building by airport--400 sq ft $100.00 Administration building at the airport $600.00 Mosquito Hollow, buildings and areas $1,100.00 3 open bunkers (600 SQ FT) Mosqu Holl $50.00 Open area across from parking $75.00 PENDING Page 21 May 23,2006 Town of Southold Board Meeting Minutes Town Justice Coast Guard Building--Office N/A Evergreen Open area behind Bldg. 209 $65.00 Paul Tombari Bldg 209, South side, small area $35.00 Allie Raridon Office space--CG Building $300.00 Rafferty/Evans Office space--CG Building $300.00 NY State Police Building # 239--Whistler Ave. N/A Nina Schmid Building # 240--Whistler Ave. $630.00 ./' Vote Retord - Resolution 2006-486 , yes/Aye l'lolNay Abstain Absent 1<1 Adopted Albert Krupski Jr. Voter 1<1 0 0 0 0 Adopted as Amended William P. Edwards Voter 1<1 0 0 0 0 Defeated Daniel C. Ross Seconder 1<1 0 0 0 0 Tabled Thomas H. Wickham Initiator 1<1 0 0 0 0 Withdrawn Louisa P. Evans Voter 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2006-487 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to Salty Flyrodders of New York to Park Vehicles of Participating Fishermen, to Use Town Beaches RESOLVED that the Town Board of the Town of Southold hereby 2rants permission to Salty Flvrodders of New York to park vehicles of participatin2 fishermen, to use town beaches on June 9, 2006 through June 11, 2006 from dawn to dusk for the purpose of fly fishing, and these vehicles shall be exempt from Southold Town parking fees for those days. ./ Vote Record - Resolution 2006-487 Yes/Aye NofNay Abstain Absent 1<1 Adopted Albert Krupski Jr. Initiator 1<1 0 0 0 0 Adopted as Amended William P. Edwards Voter 1<1 0 0 0 0 Defeated Daniel C. Ross Voter 1<1 0 0 0 0 Tabled Thomas H Wickham Seconder 1<1 0 0 0 0 Withdrawn Louisa P. Evans Voter 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2006-488 CATEGORY: Contracts, Lease & Agreements Page 22 May 23, 2006 Town of South old Board Meeting Minutes DEPARTMENT: Town Clerk Amend Resolution 2006-462 Increasing Pumpout Boat Amount to $23,750 and Comitting the Town to an Equal Payment. RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2006- 452 adopted at the May 9,2006 regular Town Board meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with the Suffolk County Department of Health Services, Division of Environmental Health, in the amount of $23,750. in connection with the purchase of a Pump-Out Boat for the Town of Southold , all in accordance with the approval of the Town Attorney, and be it FURTHER RESOLVED, the Town Board of the Town of Southold herebv commits the necessary matchinl!: funds in the amount of $23,750 and al!:rees to commit funds needed for the operation and maintenance ofthe vessels on an annual basis and to ensure the the Town of Southold prepares and submits to the Suffolk County Department of Health Services as required. v' Vote Record - Resolution 2006-488 Yes/Ay~ Nl)/N"ay Abstain Absent 1<1 Adopted AI~ertl<l11pski Jr. Seconder 1<1 0 0 0 0 Adopted as Amended William P. Edwards Initiator 1<1 0 0 0 0 Defeated Daniel C. Ross Voter 1<1 0 0 0 0 Tabled Thomas H. Wickham Voter 1<1 0 0 0 0 Withdrawn Louisa P. Evans Voter 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2006-489 CATEGORY: DEPARTMENT: Authorize to Bid Town Clerk Declare Equipment to be Surplus Equipment and Authorize to Bid RESOLVED that the Town Board of the Town of Southold hereby declares the followinl!: equipment to be surplus equipment: Panco Warminl!: Oven with Eal!:le Transport Svstem; Model # HCF-NSN-RC2.25-120. and authorizes and directs the Town Clerk to advertise for the sale of same. Page 23 May 23, 2006 Town of South old Board Meeting Minutes ./ Vote Record - Resolution 2006-489 Yes/Aye N"oINIIY Abstain Absent Ii'I Adopted Albert Krupski Jr. Voter Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii'I 0 0 0 0 Defeated Daniel C. Ross Initiator Ii'I 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'I 0 0 0 Scott Russell Voter Ii'I 0 0 0 2006-490 CATEGORY: DEPARTMENT: ClosefUse Town Roads Town Clerk Authorize the Closure of East Side Road, Mattituckfor the Annual Mattituck-Cutchogue Boy Scouts Cubmobile Race RESOLVED that the Town Board ofthe Town of Southold hereby authorizes the closure of East Side Road. Mattituck for the Annual Mattituck-Cutchol!:ue Bov Scouts Cubmobile Race on Saturday, June 3, 2006 from 8:00 am to 12:00 noon, (rain date: Sunday, June 4, 2006) provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley within ten (l0) of the adoption of this resolution to coordinate traffic control. ./ Vote Record - Resolution 2006-490 Yes/Aye No/Nay Abstain Absent Ii'I Adopted Albert Krupski Jr. Voter Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'I 0 0 0 0 Defeated Daniel C. Ross Seconder Ii'I 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii'I 0 0 0 Scott Russell Voter Ii'I 0 0 0 2006-491 CATEGORY: DEPARTMENT: ClosefUse Town Roads Town Clerk Grant Permission to the American Cancer Society's Relay for Life-Southold, In Peconic for a Patrial Closure of Carol Avenue, From the North Entrance to Southbound Traffic RESOLVED that the Town Board ofthe Town of Southold hereby l!:rants permission to the American Cancer Society's Relav for Life-Southold. in Peconic for a patrial closure of Carol Avenue, from the north entrance to southbound traffic (closures would permit access to residents of Carol Avenue). on Fridav. June 2, 2006 from 4:00 p.m. to 8:00 p.m. provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Page 24 May 23,2006 Town of Southold Board Meeting Minutes Southold as an additional insured and notify Capt. Flatley within ten (10) days of the approval of this resolution to coordinate traffic control. oF Vote Record - Resolution 2006-491 Yes/Aye l'lo/Nay Abstain Absent 0 Adopted A1tJertKrupsld Jr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Seconder 0 0 0 0 0 Tabled Thomas H. Wickham Initiator 0 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 0 Scott Russell Voter 0 0 0 0 2006-492 CATEGORY: DEPARTMENT: Employment - Town Police Dept Appoint Traffic Control Officers for the 2006 Season RESOLVED that the Town Board ofthe Town of Southold hereby appoints the followinl! individuals to the position of Traffic Control Officers for the 2006 season for the Police Department, effective June 14, 2006, at a rate of $13.63 per hour: Patrick Bums Michael Baldwin Daniel Blados Matthew Rolle ./ Vote Record - Resolution 2006-492 yes/Aye No/Nay Abstain Absent 0 Adopted AlbertI(rupski Jr. Initiator 0 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Voter 0 0 0 0 0 Withdrawn Louisa P. Evans Seconder 0 0 0 0 Scott Russell Voter 0 0 0 0 2006-493 CATEGORY: DEPARTMENT: Employment - Town Police Dept Appoint Paul Minott to the Position of Seasonal Police Officer for the 2006 Season RESOLVED that the Town Board of the Town of Southold hereby appoints Paul Minott to the position of Seasonal Police Officer for the 2006 Season for the Police Department, Page 25 May 23,2006 Town of Southold Board Meeting Minutes effective June 9, 2006, at a rate of $17.22 per hour. ./ Vote Record - Resolution 2006-493 Yes/Aye No/Nay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'! 0 0 0 0 Defeated Daniel C. Ross Seconder Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-494 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Clerk Set June 20, 2006 At 5:05 PM. At the Southold Town Hall, Southold, New York As the Time and Place for a Public Hearing on the Proposed Local Law Entitled, "A Local Law In Relation to Amendments to the Affordable Housing District" WHEREAS, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 23cd day of May, 2006 a Local Law entitled "A Local Law in relation to Amendments to the Affordable Housin!! District", now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearin!! on the aforesaid Local Law at the Southold Town Hall. 53095 Main Road. Southold. New York. on the 20th day of June. 2006 at 5:05 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to the Affordable Housinl!: District" reads as follows: LOCAL LAW NO. OF 2006 A Local Law entitled, "A Local Law in relation to Amendments to the Affordable Housing District" . BE IT ENACTED by the Town Board of the Town of Southold as follows: Section I. Purpose. The Town Board is including a definition of Net Worth, as the term is used in the legislation but not defined. Additionally, a provision is included in the Zoning District to allow Page 26 May 23, 2006 Town of Southold Board Meeting Minutes for the variance of regulations applicable to the AHD depending on the requirements imposed by subsidy sources in a specific development. Further, this Local Law imposes a maintenance and upkeep requirement in the AHD District, punishable by a fine. Section 2. Code Amendment. S 1 00-51. Definitions. For the purpose of this Article, the following terms, phrases and words shall have the following meanings: NET WORTH- Net Worth of an applicant shall include all liQuid assets less debt. LiQuid assets shall not include sheltered assets. trusts. Individual Retirement Accounts (IRA's). 401k's and all other federallv recognized tax deferred vehicles. ~ 1 00-56. General regulations and reQuirements. G. The Regulations and general provisions of this Chapter mav be varied at the discretion of the Town Board based on the reQuirements of subsidv sources of a specific development. &100-59. Maintenance and Upkeep. A. A dwelling unit and premises created in the AHD Zoning District after J anuarv 1. 2006. shall be maintained in accordance with the provisions of the Propertv Maintenance Code of New York State. B. Failure to complv with this Section shall be a violation punishable bv a fine of not less than $250.00 and not more than $1.000.00. S 100-S9.60 Penalties for offenses. Any violation of any provision of this Article shall be punishable in the following manner: A. First offense: by a fine of not less than $1,000 nor more than $5,000. B. Second offense and for any offense thereafter: by a fine of not less than $5,000 and not more than $10,000 for each offense. Page 27 May 23, 2006 Town of Southold Board Meeting Minutes C. Any offense under this article may be punishable by revocation of an existing certificate of occupancy. D. Any individual who has violated covenants and resolutions imposed pursuant to this Article shall be prohibited from further participation in ownership opportunities and benefits within an approved AHD District. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court or competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ., Vote Record - Resolution 2006-494 Yes/Aye NolNay Abstain Absent Ii'! Adopted AlbertKrupski Jr. Seconder Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Initiator Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-495 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Clerk Set June 20, 2006At 5:10 PM., Southold Town Hall, Southold, New York As the Time and Place to Hold a Public Hearing on the Proposed Local Law Entitled, "A Local Law In Relation to the Renumbering of the Code of the Town of South old " WHEREAS, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 2yd day of May, 2006 a Local Law entitled "A Local Law in relation to the Renumberinl!: of the Code of the Town of Southold", now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearinl!: on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, Page 28 May 23, 2006 Town of South old Board Meeting Minutes on the 20th dav of June. 2006 at 5:10 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to the Renumberinl!: of the Code of the Town of Southold" reads as follows: LOCAL LAW NO. OF 2006 A Local Law entitled, "A Local Law in relation to the Renumbering of the Code of the Town of Southold". BE IT ENACTED by the Town Board of the Town of South old as follows: ARTICLE II Adoption of Renumbered 2006 Code ~ 1-14. Legislative intent. The local laws and legislation of the Town of Southold of a general and permanent nature, including the 1973 Code adopted by the Town Board of the Town of Southold, as revised, codified and consolidated into chapters, articles and sections by General Code Publishers Corp., as set forth in the Derivation Table below, and as renumbered to consist of Chapters I through 280, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code ofthe Town of South old," hereafter known and referred to as the "Code." Chapter/Title From 1973 Code Location in 2006 Code Ch. I, General Provisions Art. I, Adoption of Code Ch. I, Art. I Art. II, Adoption of Renumbered 2006 Code NLP; see Ch. I, Art. II Ch. 4, Assessors Art. I, Election Ch. 9, Art. I Art II, Number Ch. 9, Art. II Ch. 6, Community Preservation Fund Art. I. Southold Community Preservation Fund Ch. 17, Art. I Art. II, Southold Community Preservation Project Plan Ch. 17, Art. II Art. III, Community Preservation Fund Advisory Board Ch. 1 7, Art. III Page 29 May 23,2006 Town of Southold Board Meeting Minutes Chapter/Title From 1973 Code Location in 2006 Code Art. IV, Two-Percent Real Estate Transfer Tax Ch. 17, Art. IV Ch. 7, Committees, Appointment of Ch.13 Ch. 8, Defense and Indemnification of Employees Ch.21 Ch. 10, Ethics, Code of Ch.26 Ch. II, Expenses of Town Officers Ch.30 Ch 14, Local Laws, Adoption of Ch.38 Ch. 16, Officers and Employees Art. I, Town Clerk Ch. 42, Art. I Art. II, Superintendent of Highways Ch. 42, Art. II Ch. 18, Police Department Ch.51 Ch. 22, Transportation Access Management Ch.64 Ch. 24, Alarm Systems Ch.75 Ch. 25, Agricultural Lands Preservation Ch.70 Ch. 26, Appearance Tickets Ch.5 Ch. 28, Bicycles Ch.88 Ch. 30, Bingo and Games of Chance Art. I, Bingo Ch. 92, Art. 1 Art. II, Games of Chance Ch. 92, Art. II Ch. 32, Boats, Docks and Wharves Art. I, Obstruction and Use of Town Waters Ch. 96, Art. I Art. II, Public Docks Ch. 96, Art. II Art. III, Boats Ch. 96, Art. III Art. IV, Floating Homes Ch. 96, Art. IV Art. V, Administration and Enforcement Ch. 96, Art. V Ch. 33, Fishers Island Harbor Management Ch.157 Ch. 36, Burning, Outdoor Ch.104 Ch. 37, Coastal Erosion Hazard Areas Ch.111 Ch. 38, Dogs Art. I, General Regulations Ch. 83, Art. II Art. II, Fees Ch. 83, Art. III Ch. 39, Domestic Partnerships Ch.121 Ch. 41, Ducks Ch. 83, Art. I Ch. 43, Electrical Inspections Ch.126 Ch. 44, Environmental Quality Review Ch. 130 Ch. 44A, Filming Ch. 139 Ch. 45, Fire Prevention and Building Code, Uniform Ch.144 Page 30 May 23, 2006 Town of South old Board Meeting Minutes Chaoter/Title From 1973 Code Location in 2006 Code Ch. 46, Flood Damage Prevention Ch. 148 Ch. 47, Farm Stands Ch. 13 5 Ch. 48, Garbage, Rubbish and Refuse Ch. 233, Art. 1 Ch. 49, Highway Defects, Notice of Ch. 237, Art. 1 Ch. 54, Junkyards Ch.166 Ch.56, Landmark Preservation Ch.170 Ch. 57, Littering Ch.174 Ch. 58, Notice of Public Hearing Ch.55 Ch. 59, Open Space Preservation Ch. 185 Ch. 60, Motor-Driven Vehicles Ch. 264, Art. II Ch. 62, Parks and Recreation Areas Art. I, Use Regulations and Restrictions Ch. 193, Art. I Ch. 65, Parking at Beaches Ch. 189, Art. I Ch. 67, Peace and Good Order Art. I, Public Consumption of Alcoholic Beverages Ch. 79, Art. I Ch. 69, Peddlers, Solicitors and Transient Retail Ch. 197 Merchants Ch. 71, Public Entertainment and Special Events Ch. 205 Ch. 72, Records Management Ch. 59, Art. II Ch. 73, Records, Public Access to Ch. 59, Art. I Ch. 74, Salvaging Centers Ch.211 Ch. 75, Scavenger Wastes Ch. 215, Art. I Ch. 76, Sewers Art. I, Sewer Use Ch. 215, Art. II Art. II, Rents and Charges Ch. 215, Art. III Ch. 77, Shellfish Art. I, Catching of Shrimp Ch. 219, Art. I Art. II, Taking of Shellfish and Eels Ch. 219, Art. II Ch. 80, Sidewalks Ch. 237, Art. III Ch. 81, Soil Removal Ch. 228 Ch. 83, Street Excavations Ch. 237, Art. II Ch. 84, Street Numbering; Addresses Ch. 237, Art. IV Ch. 85, Taxation Art. I, Senior Citizen Exemption Ch. 245, Art. I Art. II, Business Investment Exemption Ch. 245, Art. II Art. III, Veterans' Exemption Ch. 245, Art. III Page 31 May 23,2006 Town of Southold Board Meeting Minutes Chapter/Title From 1973 Code Location in 2006 Code Art. IV, Exemption for Disabled Persons With Limited Ch. 245, Art. IV Income Art. V, Exemption for Volunteer Fire Fighters and Ch. 245, Art. V Ambulance Workers Ch. 86, Tobacco Advertising Ch. 249 Ch. 87, Transfer of Development Rights Ch.117 Ch. 88, Tourist and Trailer Camps Art. I, General Regulations Ch. 253, Art. I Art. II, Recreational Vehicle Parks Ch. 253, Art. II Ch. 89, Unlicensed Motor-Driven Vehicles Ch. 264, Art. I Ch. 90, Unsafe Buildings Ch.IOO Ch. 92, Vehicles and Traffic Ch. 260 Ch. 95, Waterfront Consistency Review Ch. 268 Ch. 97, Wetlands and Shoreline Ch. 275 Ch. 98, Housing Fund Ch.34 Ch. 100, Zoning Ch. 280 APPENDIX Ch. AI05, Grievance Procedures Ch. 47, Art. I Ch. AI06, Subdivision of Land Ch. 240 Ch. AI07, Police Department Rules and Regulations Ch. A290 Ch. AI08, Highway Specifications Ch.161 S 1-15. Nonsubstantive changes in previously adopted legislation. In compiling and preparing the legislation and 1973 Code for publication as the 2006 Code of the Town of Southold, no changes in the meaning or intent of such ordinances have been made. Certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. Chapters, articles and sections have been renumbered pursuant to the table in S 1-14, including all internal references and cross-references. It is the intention of the Town Board that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such. ~ 1-16. Continuation of provisions. A. The provisions of the Code, insofar as they are substantively the same as those of local laws, ordinances and resolutions in force immediately prior to the enactment of the Code by this local law, are intended as a continuation of such local laws, ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law, ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Town Board of the Page 32 May 23, 2006 Town of Southold Board Meeting Minutes Town of Southold, and it is the intention of said Board that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. B. For purposes of transition from the 1973 Code to this Code, any reference to a chapter of section number from the 1973 Code on or in any form, license, permit, ticket or other Town document shall be deemed to refer to the corresponding chapter or section in this code until such form, license, permit, ticket or other Town document is revised or reprinted to refer to the numbering in this code. ~ 1-17. Incorporation of provisions into Code. The provisions of this local law are hereby made Article II of Chapter 1 of the Code of the Town of Southold, such local law to be entitled "General Provisions, Article II, Adoption of Renumbered 2006 Code," and the sections of this local law shall be numbered SS 1-14 to 1-18, inclusive. ~ 1-18. When effective. This local law shall take effect immediately upon filing with the Secretary of State of the State of New York. ./ Vote Record - Resolution 2006-495 Xe.sfAye NolNay Abstain Absent Ii'I Adopted Albert Krupski Jr. Voter Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'I 0 0 0 0 Defeated Daniel C. Ross Voter Ii'I 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'I 0 0 0 Scott Russell Voter Ii'I 0 0 0 2006-496 CATEGORY: DEPARTMENT: Organizational Town Clerk Establish the Southold Town Renewable and Alternative Energy Committee WHEREAS the Town Board of the Town of Southold remains concerned with the state of readily-available energy sources and their economic and environmental impacts; and WHEREAS the Town Board of the Town of Southold is actively seeking to find alternatives to those energy sources in the form of renewable and alternative energy sources; Page 33 May 23,2006 Town of Southold Board Meeting Minutes Now therefore be it RESOLVED that the Town Board of the Town of South old hereby establishes the Southold Town Renewable and Alternative Energy Committee and be it further RESOLVED that the Southold Town Renewable and Alternative Energy Committee shall be charged with Recommending renewable and alternative energy policies and/or legislation to the Town Board; and investigating Federal, State and Local Utility legislation initiatives, incentive programs and industry advancements and educate the public about such opportunities and programs; and working with local businesses, landowners, utility companies and governmental entities to establish a proactive approach to integrate renewable and alternative energy into land use and building design; and seeking funding sources in the form of grants, loans, and incentives for appropriate in-Town projects; and be it further RESOLVED that the Southold Town Renewable and Alternative Energy Committee shall consist of seven (7) members, with direction to the Town Clerk to invite the Village of Greenport to recommend one such member; and be it further RESOLVED that the Southold Town Renewable and Alternative Energy Committee shall terminate three (3) years from the date of this resolution; and be it further RESOLVED that the Town Clerk is hereby directed to advertise for membership on the Southold Town Renewable and Alternative Energy Committee. ./ Vote Record - Resolution 2006-496 Yes/Aye NolNay Abstain Absent 1<1 Adopted Albert Krupski Jr. Initiator 1<1 0 0 0 0 Adopted as Amended William P. Edwards Voter 1<1 0 0 0 0 Defeated Daniel C. Ross Voter 1<1 0 0 0 0 Tabled Thomas H. Wickham Seconder 1<1 0 0 0 0 Withdrawn Louisa P. Evans Voter 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2006-497 CATEGORY: DEPARTMENT: Grants Community Development Page 34 May 23, 2006 Town of Southold Board Meeting Minutes Authorize and Direct Supervisor Scott A. Russell to Sign a Grant Application for Funding From the New York State's Environmental Protection Fund And/Or the Clean Water/Clean Air Bond Act RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to si!!:n a !!:rant application for fundin!!: from the New York State's Environmental Protection Fund and/or the Clean Water/Clean Air Bond Act - NYS Office of Parks, Recreation and Historic Preservation for the restoration of the Mattituck School House Project ./' Vote Record w Resolution 2006-497 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Initiator Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Seconder Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell : Voter Ii'! 0 0 0 45. Statement SUPERVISOR RUSSELL: We actually have about 5 minutes before the public hearing, would anybody like to come up before the Town Board and discuss any issue of mutual concern? Any issue that you want to raise before this Town Board? UNIDENTIFIED: This is (inaudible) your resolution coming up on energy and this is something that I studied for quite a long time, I am not an engineer (inaudible) I grew up on my father's dairy farm in Coram, going back a half century ago and I have been following the energy problem quite some time, including you know, the Shoreham gas (inaudible) and so forth. And the, we hear (inaudible) what I am getting at and if any of you want to look at this literature a little later; it is called (inaudible). The nearest one that I know of that is sizable in this part of the country is south, 40 miles south or west of Albany. Gilboa is the area, the town and going back to Rockefeller County in the early 70's, the power authority of the State of New York they (inaudible) and then right near by there was a small hill, small to them, 900 feet tall that carved out another 300 acre lake and the key to this whole thing, the operating, is how economical electrical power is in the middle of the night when factories are shut down and so forth, the air- conditioners are off for the most part and the goal is (inaudible) and each of the town that gets 90 % of their electric I believe it is from hydro. In the middle of the night, the water is going over the dam (inaudible) for hundreds of miles. Now with the new cable in the Long Island Sound it could be (inaudible) here too, and as a matter of fact, just to illustrate how this (inaudible). In the middle of the night when the cheap power is available, they have got thousand horse power electric motors (inaudible) that kick on and they pump the water from the lower level to the upper level. I think you can see the pictures. Seven in the morning when the man comes on, they slow it down and the same (inaudible) are pumped up there, they reverse the polarity and it generates all day long. 1,000 megawatts. What is the population of Southold Town? SUPERVISOR RUSSELL: 20,000. Page 35 May 23, 2006 Town of Southold Board Meeting Minutes UNIDENTIFIED: Okay. For Southold, you would need something like I percent of the size of this. (Inaudible) you can build it to any size you want. It can be built by the Power Authority of the State of New York. About a year ago, I met with Mr. Catell, the president, CEO of Keyspan and he set up an appointment with me with their chief engineer and the first thing they said was well, we don't have (inaudible) a Fortune 500 company and they weren't aware of this other technology (inaudible). The, now, well, and I read recently that (inaudible) are considering this and (inaudible) and you will be buying the power from them and paying 10 times as much for it. The wholesale value they say, by the way, the next day, is about 10 times that half cent a kilowatt the night before. You wouldn't have any (inaudible) no fuel surcharges and I, did I read correctly, you might be considering burning garbage for electric? SUPERVISOR RUSSELL: That was a (inaudible) discussion as part of the energy committee, because there is a proposal for a five east end town commission to examine that type of scenario. Southold is creating our own committee, so that our voice is heard on that issue. But if you are asking me if I want incineration in Southold Town, I have to say pretty quickly, no. UNIDENTIFIED: This could be compatible with because if this is operating in the middle of the night and you don't need the power, it could be powering the pumps north, in the middle of the night. This is what I outlined here before, the, and there really is nothing clear. This is, you know, your hydro. SUPERVISOR RUSSELL: What I would like to do and I talked to you, also for the record, this is Les Davis. Mr. Davis is from Calverton. What I would like to do because of you knowledge and your interest in this, is, I told you, give me your name and number because I would love to have that for the committee we are forming; whether you will be a member or certainly a participant, I think we'll need to look at that information. That is something I look forward to. MR. DAVIS: Any questions at all? I am just curious, how many people have heard of pump storage generator electric? It.... COUNCILMAN WICKHAM: Do I understand that we have a topography here on Long Island that would work? MR. DAVIS: Oh, I am glad you brought that up. Riverhead (inaudible) their landfill would be perfect for something like this. How many acres is your landfill here? SUPERVISOR RUSSELL: 60. MR. DAVIS: 60. That could be used. And do you know off-hand how low the lowest point of where it has been dumped (inaudible)? Yeah, it could work with 30 feet. (Inaudible) in this part of the country, well the (inaudible) way they block up the bay for whatever, miles and miles and miles and this was one of the first in North America I think. They have them even as low as 20 feet, they have the greatest (inaudible) by the way (inaudible). Any other questions at all? Okay. SUPERVISOR RUSSELL: We will look at the information. Page 36 May 23, 2006 Town of South old Board Meeting Minutes MR. DAVIS: Yes. And I will gladly meet with your people. SUPERVISOR RUSSELL: Okay. What we will do is suspend the public comments so we can have the public hearing and then we will resume with the public comments after that. 2006-498 CATEGORY: DEPARTMENT: Public Service Town Clerk Grant Eastern Long Island Kampgrounds. 690 Queen Street, Greenport, a Permit Operate a Tourist Camp/Recreational Vehicle Park with 186 Sites WHEREAS, Eastern Long Island Kampgrounds, 690 Queen Street, Greenport, has applied to the Town Clerk of the Town of South old for a permit to operate a tourist campi recreational vehicle park with 186 sites, pursuant to Chapter 88 of the Town Code; and WHEREAS, the proposed site received a special exception from the Town of South old Zoning Board of Appeals on May 25,1976, subject to certain conditions; and WHEREAS, the proposed site is before the Southold Town Planning Board for site plan approval; and WHEREAS, this action is classified as Type II pursuant to SEQRA, requiring no further review; and WHEREAS, the proposed site has been operating as a tourist camp, permitted by the Town Board of the Town of Southold since 1976; and WHEREAS, the Southold Town Planning Board has submitted comments to the Town Board supporting the issuance of a tourist camp permit; and WHEREAS, the applicant has obtained a Suffolk County Department of Health Services permit for the operation of a campground with 186 sites; and Page 37 May 23, 2006 Town of South old Board Meeting Minutes BE IT HEREBY RESOLVED, that the Town Board of the Town of Southold I!rants Eastern Lonl! Island Kampl!rounds, 690 Queen Street. Greenport. a permit pursuant to Chapter 88 of the Town Code. to operate a tourist camp/recreational vehicle park with 186 sites. subiect to the followinl! conditions: 1. Compliance with the requirements of screening by plantings of the trailer camp and vehicle parking from public highways and adjacent residential properties to be imposed by the Planning Board in its review of the improvements to the site, as well as all other conditions of Planning Board approval. 2. Dedication of the westerly 17 feet of Queen Street to the Town of Southold, prior to the issuance of a permit, subject to the approval of the Superintendent of Highways and the Town Attorney. 3. Compliance with all conditions imposed by the zoning regulations, classifications and related approvals of the Town of South old. ./ Vote Record - Resolution 2006-498 Yes/Ay~ No/Nay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 VII. Public Hearinl!s 1. Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and herebv is declared Recessed in order to hold a public hearinl!. '" Vote Record - Motion to recess to Public Hearine Yes/Aye No/Nay Abstain Absent Albert Krupski Jr. Voter Ii'! 0 0 0 Ii'! Adopted William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Withdrawn Thomas H. Wickham Seconder Ii'! 0 0 0 Louisa P. Evans Initiator Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 Public Hearing # 2 KOA TOURIST CAMP PH COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, that Eastern Long Island. Kampgrounds, Inc. has filed an application and plan with the Town Clerk for a permit to operate a tourist camp to be located at the southwest comer of Queen Street and County Route 48 near Page 38 May 23, 2006 Town of South old Board Meeting Minutes the Village of Greenport, pursuant to the provisions of Chapter 88 of the Code of the Town of Southold, and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold hereby sets May 23,2006,5:00 p.m. at the Southold Town Hall as the time and place to hold a public hearing, at which time all persons will be heard, and be it further A more detailed description of the above mentioned application is on file in the Southold Town Clerk's Office, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. I have an affidavit that this has appeared on the Town Clerk's bulletin board outside. It has appeared as a legal in the local newspapers and there are quite a number of communications that have been received by the Town for the purpose of this public hearing. I will review several of the more important ones that are on the top here. First is a memo dated May 23, 2006 from Jerilyn Woodhouse, Chair of the Southold Town Planning Board. And after some preliminaries, it says 'The Planning Board offers the following recommendations and comments: I. The Southold Town Engineer, after review, responded February 28, 2006 and referred to the previous Town Board and Zoning Board decisions stating that Queen Street should be widened to 50 feet and dedicated to the Town. 2. The Planning Board is under the impression that all of the improvements on Queen Street have been completed and the existing vegetation buffer along with the encroachments on the west side and south side of Queen Street will remain in place. 3. Please be advised that the Planning Board supports the Superintendent of Highways and the Town Engineer's decision regarding dedication of the 17 foot strip west of Queen Street and leaves all specific details of this transfer of land to the Town Board.' I have also a communication of Superintendent of Highways, which that previous Planning Board memo referred to, received here on May 22 of this year, to Scott Russell, Supervisor from Peter Harris, Superintendent of Highways. 'There is a situation on Queen Street in Greenport that has been brought to my attention by the Town Engineer's office pertaining to the present width of the Southold Town right-of-way, which is currently 33 feet wide. In April of 1975, an application by Richard Wilton and John Clanton for proposed change of zone from agricultural to residential M-I, general multiple residence district and to B-Light business district, Town of Southold and in that letter a letter was written to the Southold Town Clerk, 'Pursuant to the requirements of sections of the Suffolk County charter, the Suffolk County Planning Commission in April of 1975 reviewed the zoning actions and after due study and deliberation resolved that those changes of zone are to be approved for local determination subject to the compliance with the following conditions' and one of the conditions is that Queen Street is to be widened and improved as per the Town of Southold specs. On April 10, 1975 a letter from the Suffolk County Planning for change of zone including conditions for a number of units, 162 units. On August 12, 1976: approved Town Board permit for operation of the tourist camp for 73 units, conditions also included an improvement for Queen Street is 17 feet, increasing the Queen Street right-of-way to 50 feet. Again, both the tourist camp permit and the zoning change had conditions that required the following and I quote, " In order to provide suitable access to the premises on Queen Street, a 33 foot wide town road, the same will be required to be widened to 50 feet prior to occupation (inaudible) by the owners thereof for trailer park purposes. The owners shall, at their own expense, improve and pave a 17 foot strip along the westerly side of Queen Street in accordance with the Town Highway department and when so improved and Page 39 May 23, 2006 Town of South old Board Meeting Minutes paved, dedicate the same to the Town of Southold." It appears that the pavement on Queen Street had been widened as required but the additional 17 feet has never to be dedicated to the Town. It is important the additional 17 feet that makes up the 50 foot wide area be dedicated to the Town for future needs by the Town for street cleaning and for a buffer area between Town owned and by the property owner. I have here a note of recusal from a Board member, Albert Krupski who recuses himself from this because he was on the Board of Trustees, which issued an approval under Chapter 97 and Chapter 37 for this. COUNCILMAN KRUPSKI: I think that got stuck in the wrong file. COUNCILMAN WICKHAM: I think it did, too. There are a number of other comments that go back some years but I think that summarizes the issues before the Board at this public hearing. SUPERVISOR RUSSELL: Would anybody like to come up before the Town Board? PATRICIA MOORE: Yes, thank you. Pat Moore for the applicant. I have Myron and Donna Goldstein, who are here this evening with me, on behalf of Eastern Long Island Kampgrounds. I had earlier today submitted to the Board an entire packet which I wrote out our points as well as went through the standards because the, it is very interesting, this particular use permit provision, Chapter 88, has you deal with the recreational vehicle part under different setbacks, under different criteria. So I, what we operate is a recreational vehicle park and I took those criteria, we complied with all ofthose conditions and it references to the other sections of the code to the extent that they are not inconsistent with the recreational vehicle park. So it is a little bit, it might have been a little confusing but I followed the code as it is set forth. That is the way it was written. I believe you have already stated on the record the long history that the Kampgrounds has in this Town. The original approval was granted in '76, continued through '78, rezoned but always this use has been conducted on the property. About five years ago, Mr. and Mrs. Goldstein purchased the property after having actually worked there for a year or so, I believe, just to make sure everything ran properly. At that time, nobody noticed, I wasn't the attorney so I can say this, no one was aware that there was an actual permit requirement, the use permit that is in place, (inaudible) automatic transfer, it required coming back to the Board for permission. This became known to them only after they actually tried to make an improvement which was, in all respects, a favorable improvement, which is before the Planning Board now. It was merely identifying segregating vehicles from the recreational area because of circumstances where children are playing, cars are passing and being the good parents and grandparents that they are, they recognized the need to place a fence to segregate the vehicles from the play area. When that was done, the files were researched and it was determined that this permit was required. We are here before this Board at this point, I think you have had adequate information in your file, we are here to answer any questions that you might have but the most important thing is to continue this use. It is a very favorable use, there was ample testimony at the start of the inception of this use, how it does provide both a tourist and an economic base for Southold. It is an affordable place for families to go and it is run as a family camp. Lots of children and lots offamilies. It is a very well run facility and I welcome any of you who haven't been there in the last couple of years to go there. I was very impressed and I am not a camper but it was very well run and they are very nice people. Really, they, also they live on Queen Street, so they not Page 40 May 23, 2006 Town of South old Board Meeting Minutes only operate this facility but their home is across from the park and also own a lot on the park, so I pointed that out on the written material how Queen Street is a limited access road. They are the majority owners along Queen Street with three parcels, an entire parcel on the west side and two parcels on the east side. I know that the Highway Superintendent did send to you a memo requesting that the dedication that was promised back in the 70's be completed. We clarified this with the Highway Superintendent and the Planning Department exactly what area they were looking for. Once we understood what they were looking for, there was no objection and I understand that you put it as a condition of your permit and again, we have no objection to that. The 17 feet is already and again, in my writing I point out all the things that are already put there; the water, the sewer, the blacktop, the road was improved, the utility poles were placed, offset from the property line approximately 17 feet, we are guesstimating based on the survey and this will be accomplished this time around. Certainly I will keep an eye on it and make sure it is done, and when you do get a deed you will know where it is coming from. Ultimately what we would like to do and whether or not the Board has some comment on it in this permit is we would like to see Queen Street end where the entrance to the campgrounds because that area of Queen Street is unimproved, unopened, wetlands and 100 year old trees. That area does not make sense to cut through. It would be cutting through to the Village of Greenport and actually in the testimony in the 70's when someone opposed this, they were claiming that the Village land was extremely sensitive and that this use was going to somehow adversely impact it, well, in the end it did not. It is consistent with the recreational use of the Village land. But having the access continue through there, it would make more sense for Eastern Long Island Kampgrounds to know that nobody can cut through and get access that way, so if you have any say in that we hope that you will support that effort. Weare here to answer any questions and we will entertain any you might have. Mr. Ross, do you have a question? COUNCILMAN ROSS: Will the dedicated portion run right up to the Village property? MS. MOORE: No. No. The only, the dedicated portion is actually to the campground and I gave you a photograph that actually shows it. The Highway Superintendent clarified that. It actually goes to, if you look at photograph 2, photograph 2 is the end of the road to the campground entrance and also the driveway to their private residence across the way. That is where the Highway Superintendent recommends that the dedication end. For one, it allows for maintenance and paving and all the things that are needed to keep the road in proper shape as a town access road but that is as far as it goes. Beyond that it is useless land and really surplus land to both the Town and to anyone. ASSISTANT TOWN ATTORNEY CORCORAN: For these purposes though, we don't have that. I think that the issue of the abandonment is not necessarily properly (inaudible) up and we certainly don't have the Superintendent of Highways recommendation on that, so I would suggest that we just deal with the permit that is applied for today and leave the abandonment issue for another day. MS. MOORE: Yeah, it mayor may not actually be before the Board ultimately. The Highway Superintendent really had no issue with it. I just wanted to be sure that if you received a Page 4 I May 23, 2006 Town of South old Board Meeting Minutes comment or a question, you would know where it came from. Yeah, my request is actually just for the permit (inaudible). Any other questions? SUPERVISOR RUSSELL: Any questions? JUSTICE EVANS: The abandoned permit, is it subject to civil litigation? Is that how... ASSISTANT TOWN ATTORNEY CORCORAN: My recommendation, if you are inclined to grant the permit, would be to condition it upon Planning Board review of screening and any other conditions the Planning Board sees fit to impose, I would condition the grant on the permit on the dedication of the 17 feet of the westerly side of the road and any and other all zoning restrictions and approvals of the Town. MS. MOORE: Well, my only concern is as far as the permit goes we are actually operational; the last newspaper had a terrible headline, you know, 'Permit in question' and they received numerous phone calls so the reality is that its function, this is the season, so we will make, it is before the Planning Board right now; the site plan as I said. It had site plan approval back in the 70's. The only change to that site plan from the 70's site plan is the fence which does not the parking, drainage, none of the issues. It really was just a safety issue. We will have, we have before the Planning Board an updated site plan which recognizing the timeline on site plans, we will have some, at least another month to go because just the public hearing portion of the site plan. So I don't want to have any issues that a permit is in limbo. We are before both of those agencies and as I said, the dedication will require probably, certainly the deed preparation that I know ultimately what other documents that you will have to... ASSISTANT TOWN ATTORNEY CORCORAN: There isn't very much more than that. MS. MOORE: That is it, for us. ASSISTANT TOWN ATTORNEY CORCORAN: We have been through it, you know, we will run it as quickly as you can get us the dedication papers. Sounds like Pete's on board... MS. MOORE: Yeah, everybody is in agreement. ASSISTANT TOWN ATTORNEY CORCORAN: I think that is probably the chief priority of this Board, is to get the dedication done and I don't think anybody is looking to shut down the facilities as long as everything is in the works. MS. MOORE: However you can do it so that it doesn't create the appearance or even the concern to the clients or users that there is any doubt that their permit is still intact. COUNCILMAN ROSS: Was there a unit provision at the fire department? MS. MOORE: A what? COUNCILMAN ROSS: A unit provision. There is 186. Page 42 May 23,2006 Town of Southold Board Meeting Minutes MS. MOORE: There was, the history of this file, it is large but confusing. There were a number of units that were approved throughout. They purchased from the Wilton family and with Health Department approval for 186. That is why we put in the number that was there because the Health Department had approved it and that is what the prior owner had operational. We think that it may have been distinguishing between the units that actually had connection to water/sanitary versus the tents, because the tents really operate without individual hookups. They have access to it but they, they're set up like a normal tenting in the woods, in the area that are identified as W numbers. So, since we have to come before this Board anyway to update it, let's get the right number and the right number is 186. ASSISTANT TOWN ATTORNEY CORCORAN : You have prior approval for 162, right? And what you are seeking now is 162 hookups and 24 tent sites. Is that right, for the 186? MS. MOORE: How many... ASSISTANT TOWN ATTORNEY CORCORAN: That is what is on the map. DONNA GOLDSTEIN: The tent sites are, there are more than that... MS. MOORE: 33 is the number that I recall. MS. GOLDSTEIN: But there are some there that are outside of that wooded area, that is why. MS. MOORE: When they submitted the application initially, there were some that were in the woods, some that were out of the woods. That is why when I started writing this up and I started segregating them up, I found it was too confusing, so I thought that a simple 186 works better, since the Health Department, that is the number that they go by and we can't deviate from that. COUNCILMAN ROSS: How many recreational vehicle spaces are there in the camp right now? MS. GOLDSTEIN: When you say recreational. . . MS. MOORE: Trailers. COUNCILMAN ROSS: If you filled up the camp, how many campers would you have. MS. GOLDSTEIN: 186. COUNCILMAN ROSS: And how many of those would be campsites? As opposed to recreational vehicles? MS. MOORE: Oh, you are talking tent sites? Tent sites or camp sites? ASSISTANT TOWN ATTORNEY CORCORAN: Recreational vehicle sites. Page 43 May 23,2006 Town of Southold Board Meeting Minutes MS. MOORE: Those are the pop-ups or the motorized? ASSISTANT TOWN ATTORNEY CORCORAN: Correct. MS. MOORE: That is what I thought the question was. ASSISTANT TOWN ATTORNEY CORCORAN: This map says 162 RV and 24 tent. MS. MOORE: Yes, 162 and 24 tents. That is what the number was. MS. GOLDSTEIN: Some of these, I don't distinguish from, when a camper comes in to me and they want to camp and they come with a tent, I don't say to them, you can't go upon a site that has water and electric and sewer. We don't make that delineation. We sell the site based on the service and the size of the site. If somebody that came in with a tent, theoretically, they could go on any site in my campground. But if they came in with an RV that was a 38 footer, they would be limited to what site they could go on. But they could, if I had a tent site that didn't have any hookup and it was large enough for them to fit on, with enough space around it, they could become what we call dry camping and be self-sufficient. So it is really based on, not on what they come in with but on the size of what they come in with and what service they want to buy. Do they want to hookup to water and electric? Do they want to hookup to water, electric and sewer or would they like to do dry camping? And there are some camping units now which allow the pickup truck that have the cab on top, so they are no bigger than a regular vehicle on the road and they could go on to some of my tent sites and it is called dry camping. They have there own holding tank and when they leave they use my dump station. COUNCILMAN KRUPSKI: And does the Health Department approval distinguish when it says 186 sites? MS. MOORE: I don't believe so, they say units. MS. GOLDSTEIN: They say units. They just consider sites, we did supply them, though, they needed to know how many sewer hookups. They do have that information. They are not concerned with electric. They do have all the information on the water lines, the Department of Health. They have, but they don't delineate also between where I would park an RV or.... COUNCILMAN KRUPSKI: So then when you ask for approval for 186 units, what are you asking for? MS. GOLDSTEIN: I would call it sites because I don't really sell, I mean I sell the site and I don't differentiate what goes on that site, only that the size should not exceed the site. Does that make sense? COUNCILMAN KRUPSKI: So you are asking for 186 camp sites? Page 44 May 23, 2006 Town of Southold Board Meeting Minutes MS. GOLDSTEIN: That wording would be more appropriate. MS. MOORE: The problem we have is, as she is describing it, it depends on the size of the vehicle and the facilities they come with, with their unit. Some are self-sufficient, so they don't need any hook-ups but others are going to want to hook-up and then there are others that are just tenting, pitching a tent and going in the woods. So given that variety of flexibility, I have used their 186 which is the Health Department number. And again, since I am here before the Board for ostensibly a new permit, let's do it with the magic number, the number that the Health Department has blessed. COUNCILMAN KRUPSKI: Well, I think that this Board is looking.... JUSTICE EVANS: I have a question. Ifwe say 186 that the Health Department (inaudible) MS. MOORE: No. They don't have the capacity. MS. GOLDSTEIN: We can't expand anymore. MS. MOORE: The lines are already placed, there are lines running already through the camp with connections, so of the 186, that is the capacity of tent sites. So among the tent sites you have dry, you have electric and water, you have electric, water and sanitary. ASSISTANT TOWN ATTORNEY CORCORAN: I think they are trying to grant the permit and grant the 186 sites and leave it to the Planning Board to decide whether that is an appropriate number or ifit is too... COUNCILMAN KRUPSKI: I agree with that. That should be a Planning Board issue. SUPERVISOR RUSSELL: Okay. Any other comments? (No response) We will close the hearing. ./ Vote Record - Public Hearine: #2 Yes/Aye NolNay Abstain Absent Albert Krupski Jr. Voter I<! 0 0 0 0 Adjourned William P. Edwards Voter I<! 0 0 0 Daniel C. Ross Seconder I<! 0 0 0 I<! Closed Thomas H. Wickham Voter I<! 0 0 0 Louisa P. Evans Initiator I<! 0 0 0 Scott Russell Voter I<! 0 0 0 8. Statement SUPERVISOR RUSSELL: Okay, now we would offer the opportunity for anyone to comment on any issue? To come before the Board? This is the time to do it. (No response) Can I get a motion to adjourn? 9. Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:27 P.M. Page 45 May 23, 2006 Town of Southold Board Meeting Minutes * * * * * -/ Vote Record - Adiourn Town Board Meetimz Yes/Aye NolNay Abstain Absent Albert Krupski Jr. Voter Ii'! 0 0 0 Ii'! Adopted William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Withdrawn Thomas H. Wickham Initiator Ii'! 0 0 0 Louisa P. Evans Seconder Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 ~O~ ~i;a~th A. N:ville Southold Town Clerk Page 46