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Home My WebLink AboutTB-07/11/2006 ELIZABETH A. NEVILLE TOWN CLERK Town Hall, 53095 Main Road PO Box 1179 Southo1d, 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 July 11,2006 7:30 PM Y 11, ~~06 at the Meeting wi.~fthe Pledge of A Regular Meeting of the Southold Town Board was held Hall, Southold, NY. Supervisor Russell opened the meeting at 7:30 Allegiance to the Flag. Status IArrived Present , Present 1 . Present i t-"'-~~'""--"'-'.'-'I resent I ~!tllhJl~~~!m~... ...........,Q!gll.!I~.~(iqll '"". tin~;_... .,A.l~t:rt.~psl<i}r, Town of Sou old J (;O~Eil[llllIl William P. Edwards i Town of Id Coun8ilman Daniel C. Ross . Town of Sou . Co_U!ic]!ri3!l. . Thomas H-:-WiZkhamTTo~ofSoiiili(;l ounciltnan Louisa P. Evans . .... .i.1:()\Vilor~o1lt\1()l~L.................................. Scott Russell i 1:()Wlf of S()uth()ld ISlIpervis()f Kieran C()rC()rIIIl...."i T()wn(;r~outh(;ltf jAssisulitt!()\Vil,A.ttOfIlt:Y Elizabeth A Neville' :'Town ()f Southold : Town Clerk . Present i i Present i ...... ...+ Present ! I. Reports 1. Town Clerk Monthly Report June 2006 2. Town Clerk Quarterly Report 2nd Quarter 2006 3. Town Clerk Semi-Annual Report 2006 4. Empire Plan Experience Report 1 st Quarter II. Public Notices 1. Renewal of Liquor License Page 1 July 11, 2006 Town of South old Board Meeting Minutes Four Doors Down III. Communications None IV. Discussion 1. Closure of Love Lane 2. 9:30 A.M. - Pump Out Boat Agreement David Bergen 3. 10:00 A.M. - Pods and Storage Units Marty Kasmynka 4. 10:30 A.M. - Peconic Panthers Mark Mellas & James McMahon 5. 11:00 A.M. - LI North Shore Heritage Area George Hoffinan 6. 11 :30 A.M. - Suffolk County Water Map John Sepenoski 7. Appoint Alternative & Renewable Energy Committee 8. Amendments to Chapter 97 9. No Parking Signs Request New Suffolk 10. Executive Session Litigation - Wieczorek compliance action 11. 1:00 P.M. - Executive Session Property Acquisition - Melissa Spiro 12. Executive Session Attorney Client Privilege - Alarm Fees 13. Executive Session Eminent Domain Proceeding 14. Executive Session Personnel Issue Page 2 July 11, 2006 Town of Southold Board Meeting Minutes 15. Executive Session Greenport Village Litigation - Councilman Ross V. Minutes Approval 1. Tuesday, May 23, 2006 2. Tuesday, June 06, 2006 VI. Resolutions I. Statement SUPERVISOR RUSSELL: Welcome to the July 11,2006 meeting of the Southold Town Board. Please rise and join in the Pledge of Allegiance to the Flag. This is the point in the evening that you can come up and address any issue regarding the items that are on the agenda. Any of the resolutions that we are about to act on. Would anybody like to come up and address the Town Board? Mrs. Egan. JOAN EGAN: Good evening. Joan Egan, East Marion. Everybody cooled off a little? Not too many things. Oh, on item 580, is that in preparation for a new police officer? SUPERVISOR RUSSELL: Actually 580 is going to be removed from the agenda for tonight, so I can adjust that with the Justice Court. MS. EGAN: Well, this is Donald, the court officer. SUPERVISOR RUSSELL: Their court officer. MS. EGAN: What is going to happen there? SUPERVISOR RUSSELL: Well, actually what he did was he had to go through a.... MS. EGAN: I know. Judge Price asked for that, right? SUPERVISOR RUSSELL: Yes. That is so that he actually would be a peace officer, of peace officer standing, so that he could sit with a firearm at the... MS. EGAN: Yeah, yeah. SUPERVISOR RUSSELL: But we are actually removing that from action, from activity tonight, so that I can talk to the Justice Court about that. MS. EGAN: Okay. Now, the, 582, of public works. That is Mr. McMahon. He did finally move and weed in front of the flagpole but we need some more flowers there. We need flowers there, we need some under the new police sign and got to keep them busy. Oh, on item 592, of course you know how I feel about the terminology for the Program for the Aging. That money is for what? Oh, the travel reimbursement, what is that about? Page 3 July II, 2006 Town of South old Board Meeting Minutes SUPERVISOR RUSSELL: That is probably reimbursement from, she probably gets reimbursed for attending seminars through the State of New York and the County of Suffolk, if I am not mistaken. When I was in the Assessors Office, we would go for educational credits and New York State would reimburse us, so basically that is income received for the Town for reimbursement from other jurisdictions. MS. EGAN: We get this money from the State? SUPERVISOR RUSSELL: I don't know, I can ask her. MS. EGAN: I don't see why she needs travel reimbursement. She makes a pretty good salary. I think she gets two salaries from the Town. Another seminar there on 595, that is a one day session? SUPERVISOR RUSSELL: Yes. MS. EGAN: And on 598, we are losing somebody else for retirement or just replacement? 598, the... SUPERVISOR RUSSELL: 598 is a volunteer position. MS. EGAN: Oh, it is a volunteer position? SUPERVISOR RUSSELL: She volunteers on the Housing Advisory Commission. Lynda Clements is moving on to greener pastures in her private, as a pastor. She is moving upstate. MS. EGAN: Oh, good. And then we have another on 602, Deon Shedrick, custodial worker. He is resigning. Resignation. Replacement. SUPERVISOR RUSSELL: Actually 602 is accepting the resignation of a fine young worker who is actually leaving the community. 603 is going to be tabled again for action two weeks from tonight. But we want the opportunity to discuss this with the Department of Public Works. MS. EGAN: Okay. Well, there is another meeting over in Southampton I guess. I didn't really understand 609. That is a lot of money there. Page 22. SUPERVISOR RUSSELL: What we have there is we maintain the Community Preservation Fund. When we are going to exercise some of that money for purchase, we have to move that into an acquisition account, which is what that does. So that we can move forward with some preservation targets and some preservation goals that Melissa has been working hard on. MS. EGAN: Now that, is that cash money? SUPERVISOR RUSSELL: Yes, it is. Page 4 July 11, 2006 Town of Southold Board Meeting Minutes MS. EGAN: It is earning interest, 1 presume? SUPERVISOR RUSSELL: Yes. MS. EGAN: Good. Do you have that in one bank or more than one bank? SUPERVISOR RUSSELL: We don't have one banle There are several institutions. MS. EGAN: Good. Oh, yeah. The Energy Committee. 612, you have those from each town? Those people? SUPERVISOR RUSSELL: We have appointed basically everyone that applied for the position but an applicant who applied very late and in fairness to the people who still want to be on it but didn't apply on time, we removed him from the list and another individual because he represented the same, he was basically a representative of a similar mind set of someone else, so we thought would be redundant. MS. EGAN: Okay. SUPERVISOR RUSSELL: A bio-fuel expert and we already have one there. MS. EGAN: This chapter 280, that is rather involved, isn't it? On page 24, 613? SUPERVISOR RUSSELL: It is largely to address issues of code enforcement. MS. EGAN: Pardon? SUPERVISOR RUSSELL: It largely addresses issues of code enforcement and improves our ability to enforce the Town code. MS. EGAN: Good. SUPERVISOR RUSSELL: It is one of, it is few of several modifications we will have to be making over the year. MS. EGAN: Now how many code enforcers do we have? SUPERVISOR RUSSELL: Well, one formally and technically any bay constable soon and police officer. MS. EGAN: Oh, good. On 614, that erosion situation is terrible. It is a shame that the Planning Board, the Trustees and the Building Department ever allowed that monstrosity that is going up across from San Simeon. It is going to cause more and more erosion there and so many of those houses corning down. Terrible. Now 1 don't, 1 can't quite put my hands on it but 1 think you had Page 5 July 11, 2006 Town of South old Board Meeting Minutes a life guard that resigned, that was going to be replaced? And those life guards at Southold Town Board.... SUPERVISOR RUSSELL: Did we have that on? A resolution of a life guard that resigned? COUNCILMAN EDWARDS: Yes. MS. EGAN: Somebody left. SUPERVISOR RUSSELL: 1 was a life guard. Why would anybody resign from that job? MS. EGAN: Well, we have got to do something about those life guards sitting up there doing nothing but reading and 1 notice somewhere else in here, another summer employee. 1 mean, 1 don't understand these kids who get those decent jobs and then resign unless some family situation comes up. But this was a life guard thing here. Somewhere along here. But, you have got to keep those life guards busy. And they shouldn't be walking around in bare feet and they should be kept busy. SUPERVISOR RUSSELL: Point well taken. MS. EGAN: 1 know. And you know 1 do check it. Thank you very much. SUPERVISOR RUSSELL: Thank you very much. Would anybody like to address any issue that is on the agenda? UNIDENTIFIED: On 580, does that have to do with the Bay Constable, the hiring of the new Bay Constable? SUPERVISOR RUSSELL: 580 I believe is.... UNIDENTIFIED: I mean, is that in conjunction with.... JUSTICE EVANS: That has to do with the court officer. SUPERVISOR RUSSELL: That has to do with the court officer, that is not the Bay Constable. UNIDENTIFIED: Okay. And will they be doing that tonight? Because we were told that they were going tonight and I don't see it on the agenda. JUSTICE EVANS: That is not the Bay Constable... SUPERVISOR RUSSELL: Yeah, she is asking about the Bay Constable. JUSTICE EVANS: I don't think we are hiring Bay Constable tonight. Page 6 July II, 2006 Town of Southold Board Meeting Minutes SUPERVISOR RUSSELL: No, it is not on the agenda tonight. UNIDENTIFIED: Okay. Thank you. SUPERVISOR RUSSELL: Betty, we haven't gotten anything forwarded on that? There was nothing, at work session today, nobody had put anything to us for a discussion so I don't believe we will be taking any action on that tonight. UNIDENTIFIED: Well, we were told that they were going to be, that it was going to go up for... SUPERVISOR RUSSELL: For approval tonight? UNIDENTIFIED: Yeah. Because the class started on July 17'b. SUPERVISOR RUSSELL: I will look into it. By all means, call me tomorrow and I will call the police chief and the others and find out what the issue was there. UNIDENTIFIED: Okay. (Inaudible) SUPERVISOR RUSSELL: Yeah, please. Would anybody else like to address any issue on the agenda? (No response) Okay, let's move forward. 2006-577 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Next Meeting July 25, 2006, 4:30 P.M. RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, July 25,2006 at the Southold Town Hall, Southold, New York at 4:30 P. Moo ./ Vote Retard. Resolution 2006-577 y~s!^y~ N()fN~Y Abstain Absent 6!l Adopted Albert Krupski Jr. VOler 6!l 0 0 0 0 Adopted as Amended William P. Edwards Voter 6!l 0 0 0 0 Defeated Daniel C. Ross Voter 6!l 0 0 0 0 Tabled Thomas H. Wickham Seconder 6!l 0 0 0 0 Withdrawn Louisa P. Evans Initiator 6!l 0 0 0 Scott Russell Voter 6!l 0 0 0 2006-578 CATEGORY: DEPARTMENT: Audit Town Clerk AuditJuly 11, 2006 Page 7 July 11, 2006 Town of Southold Board Meeting Minutes RESOLVED that the Town Board of the Town of South old hereby approves the audit dated July 11. 2006. -/ Vote Record. ResolutioD2006-578 It! Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn Albert Krupski Jr. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell "Voter Voter Voter Seconder Initiator Voter ,X~rd^Y(>. It! It! It! It! It! It! N()~,ilY o o o o o o Abstain o o o o o o Absent o o o o o o 2006-579 CATEGORY: DEPARTMENT: Bid Acceptance Town Clerk Accepts the Bid of Accept Bid of Marine Boatbuilders Company to Supply the Town with a 19' Pump-Out Boatfor Fishers Island In the Amount of$55,508.00 RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Marine Boatbuilders Company to supply the town with a 19' Pump-Out Boat for Fishers Island in the amount of$55,508.00, all in accordance with the Town Attorney. -/ Vote Record- Resolution 2006-579 It! Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn 2006-580 CATEGORY: DEPARTMENT: Albert Krupski Jr. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Attend Seminar Town Clerk Initiator , Seconder Voter Voter Voter Voter Yes/Aye It! It! It! It! It! It! l'l()!Nay o o o Abstain o o o o Absent o o o Grant Permission to Donald Sileo to Attend an Eight (8) Day Classroom Portion of the New York State Peace Officer School At the SDPF Academy In Brentwood, Beginning June 19, 2006, At a Cost of Approximately $1500 RESOLVED that the Town Board of the Town of South old hereby l!rants permission to Donald Sileo to attend an ei2ht (8) day classroom portion of the New York State Peace Officer School at the SDPF Academy in Brentwood. bel!inninl! June 19. 2006. at a cost of Page 8 July 11, 2006 Town of Southold Board Meeting Minutes aDDroximatelv $1500 be a legal charge to the 2006 General Fund Justice Budget A.I I 10.4.600.200. V Vote Reeord - Resolution2006-S80 Yes/Aye -N()fNay Abstain Absent 0 Adopted Albert I<rupski Jr, 0 0 0 0 0 Adopted as Amended William P. Edwards 0 0 0 0 0 Defeated DanIele.' Ross' 0 0 0 0 0 Tabled Thomas H,'wickham 0 0 0 0 611 Withdrawn Louisa P. Evans 0 0 0 0 Scott Russell 0 0 0 0 2006-581 CATEGORY: DEPARTMENT: Employment - Town Recreation Release Margot Connor From Her Position As a 2006 Still Water Lifeguard, RESOLVED that the Town Board of the Town of Southold hereby releases Marl!:ot Connor from her Dosition as a 2006 still water lifel!:uard. effective immediatelv. Ms. Connor has decided not to work for the town this year. ,/ Vote Record w Resolution 2006-581 611 Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn Alb~,~p~~}~: William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell ""~fecond'er Initiator Voter r,y_~~~ Voter Voter yesfAye NolNlly Abstain Absent 611 0 0 0 611 0 0 0 611 0 0 0 611 0 0 0 611 0 0 0 611 0 0 0 2006-582 CATEGORY: DEPARTMENT: Budget Modification Public Works ModifY the 2006 Building & Grounds Budget RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 Duildin!! & Grounds. budl!:et as follows: From: A.1620.2.500.400 Park Improvements $2,400 To: Page 9 July 11, 2006 Town of South old Board Meeting Minutes ~ Vote Record - Resolution 2Q06..S82 A.1620.4.l 00.1 00 It! Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn 2006-583 CATEGORY: DEPARTMENT: Building & Grounds Miscellaneous Supplies $2,400 Albert Krupski Jr. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Voter , Voter Initiator VOler iSeconder Voter Yes/Aye It! It! It! It! It! It! N()froolIlY o o o o o o Abstain o o o o o o Absent o o Budget Modification Public Works ModifY the 2006 General Fund Whole Town Budget RESOL YED that the Town Board of the Town of Southold hereby modifies the 2006 General Fund Whole Town budeet as follows: From: A.270S.40 To: A1620.4.100.100 Gifts & Donations $2,000 Miscellaneous Supplies $2,000 '" Vote Record - Resolution 2006-583 y e~Aye l\J()(Nay Abstain Absent It! Adopted Alb~_~p~~!_!r~ Voter It! 0 0 0 0 Adopted as Amended William P. Edwards Voter It! 0 0 0 0 Defeated Daniel C. Ross Voter It! 0 0 0 0 Tabled Thomas H. Wickham Seconder It! 0 0 0 0 Withdrawn Louisa P. Evans Initiator It! 0 0 0 Scott Russell Voter 611 0 0 0 2006-584 CATEGORY: DEPARTMENT: Authorize to Bid Public Works Authorize and Direct the Town Clerk to Advertise for Bids for the Installation Drainage Structures and the Replacement of the Culvert on Westphalia Road RESOLVED that the Town Board of the Town of South old hereby authorizes and directs the Town Clerk to advertise for bids for the installation drainaee structures and the Page 10 July II, 2006 Town of Southold Board Meeting Minutes replacement ofthe culvert on Westphalia Road. Mattituck. in accordance with the plans and specifications of James Richter. RA. Office ofthe Town EDlrlneer. 0/ Vote Record - Resolution 2Q06..SS4 YesfJt.Y~ ~l)fN~Y Abstain Absent &'l Adopted Albert Krupski Jr. ,_yo~ &'l 0 0 0 0 Adopted as Amended William P. Edwards : _ Voter &'l 0 0 0 0 Defeated Daniel C. Ross Voter &'l 0 0 0 0 Tabled Thomas H. Wickham Initiator &'l 0 0 0 0 Withdrawn Louisa P. Evans Seconder &'l 0 0 0 Scott Russell Voter &'l 0 0 0 2006-585 CATEGORY: DEPARTMENT: Budget Modification Accounting ModifY the 2006 General Fund Whole Town Budget RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 General Fund Whole Town budeet as follows: -/ Vote Record - Resolution 20()6..585 From: A. 1990.4. I 00.1 00 To: A.IOI0.4.500.800 IiJ Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn 2006-586 CATEGORY: DEPARTMENT: Contingent Unallocated Contingencies $ 2,900.00 Town Board, C.E. Appraisals $2,900.00 AIll~~p~~}~, William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Initiator Voter Voter Voter Seconder 'Yot'er yeslAYi: &'l &'l &'l &'l '" '" r-J,~!NllY o o o o o Abstain o o o o o o Absent o o o o o Budget Modification Public Works ModifY the 2006 General Fund Whole Town Budget RESOLVED that the Town Board of the Town of South old hereby modifies the 2006 General Fund Whole Town budeet as follows: Page II July 11, 2006 Town of Southold Board Meeting Minutes REVENUES: To: A.2389.30 A.3089.85 Misc. Rev., County Pump-Out Boat Grant State Aid, Pump-Out Boat Grant $ 7,000 $35,000 APPROPRlA nONS: To: Trustees A.8090.1.300.100 A.8090.2.300.300 A.8090.4. 1 00.200 A.8090.4.100.600 A.8090.4.400.840 A.8090.4.600.800 Seasonal Employees, Regular Earnings Equipment, Pump-Out Boat C.E., Pump-Out Boat & Oil C.E., Pump-Out Boat Operator Uniforms C.E., Pump-Out Boat Waste Disposal C.E., Pump-Out Boat Miscellaneous $ 1,600 $55,508 $ 1,550 $ 300 $ 550 $ 1,950 $61,458 FROM: CONTINGENCIES: A.1990.4.1 00.1 00 Unallocated Contingencies ./ Vote Record - Resolution 2006-586 I!I o o o o Adopted Adopted as Amended Defeated Tabled Withdrawn 2006-587 CATEGORY: DEPARTMENT: $19,458 A~~~.ICl"L1P~lti_!r.~ William P. Edwards DanIel C.-Ross' ThotrulSliWickham Louisa P. Evans Scott Russelt Y~sj:~y~ I!I I!I I!I I!I I!I I!I l'li)/J'lIlY o o o o o o Abstain o o o o o o Absent o o o o o o Voter Initiator Seconder Voter Voter Voter Affordable Housing Town Attorney Adopts and Approves Minor Amendments to the "Town of Southold Housing Application" for Use by Individuals Seeking Inclusion on the Town of Southold Housing Registry RESOLVED that the Town Board of the Town of South old adopts aud approves minor amendments to the "Town of Southold Housine: Application", for use bv individuals seekine: inclusion on the Town of Southold Housine: Ree:istrv, for the purpose of seeking affordable housing opportunities in the Town of South old. Page 12 July 11, 2006 Town of South old Board Meeting Minutes ./ Vote Record ,..Resolution2:006,..S87 iii Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn 2006-588 CATEGORY: DEPARTMENT: AI1?~^~pski ~~: William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Grants Community Development Voter '''Voter 'illiti'ator 1 Seconder Voter Voter Yes/Aye iii [;!j iii iii iii iii N~~~Y o tJ o o o o Abstain o o o o o o Absent o o o Authorize and Direct Supervisor Scott A. Russell to Execute an Agreement Between the County of Suffolk, Town of Southo/d and the Family Service League of Suffolk County RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Aereement between the County of Suffolk. Town of Southold and the Familv Service Leal!:ue of Suffolk County in connection with 2006 Youth Service Program in the amount of$10,185 for the term 1/1/2006 through 12/31/2006, all in accordance with the approval of the Town Attorney. ./ Vote Record,.. Resolution 2006--588 iii o o o o Adopted Adopted as Amended Defeated Tabled Withdrawn 2006-589 CATEGORY: DEPARTMENT: AI~~~p~~i!~. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Employment - FIFD Accounting Voter "Y~t~ , Voter Seconder 'Initiator Voter , Yes/Aye [;!j iii iii iii iii iii N'olI'iay o o o o o o Abstain o o o o o o Increase the Wages of Scott Fenton, Part-Time Deckhand, Fishers Island Ferry District Absent o o o o o o RESOLVED that the Town Board of the Town of Southold hereby increases the wal!:es of Scott Fenton. Dart-time Deckhand. Fishers Island Ferrv District to $9.55 hourlv, effective retroactively to May 25, 2006. Page 13 July 11, 2006 Town of South old Board Meeting Minutes yl"Vote Record.; ReSolution2006-S89 Xe.sf~Ye., N()'NllY Abstain Absent ItI Adopted ~J~~w~pski Jr. Voter ItI 0 0 0 0 Adopted as Amended William P. Edwards "Voter ItI 0 0 0 0 Defeated Daniel C. Ross Voter ItI 0 0 0 0 Tabled Thomas H. Wickham . 'initIator Ii'l 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'l 0 0 0 Scott Russen Voter Ii'l 0 0 0 2006-590 CATEGORY: DEPARTMENT: Grants Community Development Authorize and Direct Scott A. Russel!, As Supervisor of the Town of Southold. to File an Application for Funds From the New York Office of Parks. Recreation and Historic Preservation RESOLVED that Town Board of the Town of South old hereby authorizes and directs Scott A. Russell. as Supervisor of the Town of Southold. to me an application for funds from the New York Office of Parks. Recreation and Historic Preservation in accordance with the provisions of Title 9 ofthe Environmental Protection Act of 1993 or the Federal Land and Water Conservation Fund Act of 1965, in an amount not to exceed $300,000 and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Town of Southold for the acquisition of the Peconic Lane School Building and if appropriate, a conservation easement/preservation covenant to the deed of the assisted property. ,/ Vote Record ~ Resolution 2006~590 Yl;!~AYe. ~o/NllY Abstain Absent ItI Adopted Albert Krupski Jr, Initiator Ii'l 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii'l 0 0 0 0 Defeated Daniel C. Ross Voter ItI 0 0 0 0 Tabled Thomas H. Wickham Voter ItI 0 0 0 0 Withdrawn Louisa P. Evans Voter ItI 0 0 0 Scott Russell Voter ItI 0 0 0 2006-591 CATEGORY: DEPARTMENT: Budget Modification Human Resource Center Modify the 2006 Whole Town Budget RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 Whole Town budl!et as follows: To: Revenues Page 14 July II, 2006 Town of Southold Board Meeting Minutes A.2705.40 To: Appropriations A.6772.4.1 00.11 0 Programs for the Aging Gifts and Donations Other Donations $50.00 Programs for the Aging Program Supplies and Materials $50.00 '" Vote Record w Resolutioo2006-S91 Yr,~AYr" NolNay Abstain Absent iii Adopted Al~~_~p~l<J}~. Voter iii 0 0 0 0 Adopted as Amended William P. Edwards L4ji#~~~~ Ii'J 0 0 0 0 Defeated Daniel C. Ross LY()t~ iii 0 0 0 0 Tabled Thomas H. Wicim~ Voter iii 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'J 0 ~.... .~. Scott Russell Voter iii 0 2006-592 CATEGORY: DEPARTMENT: Budget Modification Human Resource Center ModifY the 2006 Whole Town Budget - HRC RESOLVED that the Town Board of the Town of South old hereby modifies the 2006 Whole Town bude:et as follows: ./ Vote Record- Resolution 2006-592 From: Appropriations A.6772.4.1 00.11 0 To: Appropriations A.6772.4.600.300 It! Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn Programs for the Aging Program Supplies and Materials $1,500.00 Programs for the Aging Travel Reimbursement $1,500.00 Albert I<r\Jps~iJr. William p, Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Voter Voter Initiator r'y~~~ Seconder Voter )'r.sfA:Y_r. iii iii iii iii iii iii JI\I()(N~y o o o o o o Abstain o o o o o o Absent o o o o o o 2006-593 CATEGORY: Bid Acceptance Page 15 July 11, 2006 Town of South old Board Meeting Minutes DEPARTMENT: Town Clerk Amend Resolution 283 Adopted At the May 10, 2005 Regular Meeting RESOLVED that the Town Board of the Town of Southold hereby amends resolution 283 adopted at the Mav 10. 2005 reeular meetine. to read as follows: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Grace Quality Used Cars, 945 Lincoln Highway, Morrisville, P A, in the total amount of $4,022.00 for two (2) used police vehicles (2000 Ford Crown Victoria 2FAFP71WSIXI87116 and 1993 Ford). Y"Vote Record - Resolution 2006-593 Yes/Aye ~c)_~IlY Abstain Absent &'I Adopted Albert Krupski lr. Voter &'I 0 0 0 0 Adopted as Amended William P. Edwards Voter &'I 0 0 0 Defeated Daniel C. Ross Voter &'I 0 0 0 0 Tabled ^Thomas li\Vtc'khllm Seconder &'I 0 0 0 0 Withdrawn Louisa P. Evans -tiiit'iator &'I 0 0 0 Scott Russell Voter &'I 0 0 0 2006-594 CATEGORY: DEPARTMENT: Litigation Town Attorney Authorizes and Directs the Town Attorney's Office to Commence an Action for Injunctive Relief In Supreme Court, Suffolk County, Against Robert Wieczorek RESOLVED that the Town Board of the Town of South old hereby authorizes and directs the Town Attornev's Office to commence an action for iniunctive relief in Supreme Court. Suffolk County. aeainst Robert Wieczorek to direct Mr. Wieczorek to remove an illegal float located at 835 Tarpon Road, Greenport, New York. ./ Vote Record - Resolution 2006-594 &'I Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn _AI~_~pslci!!~ William P. Edwards Daniel C.Ross Thomas H. Wickham Louisa P. Evans Scott Russell _'yt)_t_~ Voter :\,oter Initiator Seconder Voter Yes/~'1~ o &'I &'I &'I &'I &'I !'l()!Nay o o o o o o Abstain &'I o o o Absent o o o o o o o 2006-595 Page 16 July 11, 2006 Town of Southold Board Meeting Minutes CATEGORY: DEPARTMENT: Attend Seminar Town Attorney Grant Permission to the Assistant Town Attorney, Lori Hulse Montefusco, Esq., to Attend a Seminar In Melville RESOLVED that the Town Board of the Town of South old hereby \!:rants permission to the Assistant Town Attornev. Lori Hulse Montefusco. ESQ.. to attend a seminar on Julv 19. 2006 in Melville at the Suffolk County Bar Association Center in Hauppau\!:e entitled "Current Topics in Real Estate II: Land Use. Zonin\!:. & Other Topics". All fees and travel expenses are to be a legal charge to the Town Attorney 2006 budget. ." Vote Record - Resolution 2006-595 Yes/!s-ye No~ay Abstain Absent Ii! Adopted ~~,~~_~_p~~,,!r. 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 2006-596 CATEGORY: DEPARTMENT: Grants Community Development Authorize and Direct Supervisor Scott Russell to Enter Into a Contract with the Suffolk County WHEREAS, the Town of Southold strives to support cultural organizations and support its downtown areas and; WHEREAS the Suffolk County Downtown Revitalization grant Round VI seeks applications for funding for projects throughout the county that will enhance downtown areas and strengthen the community and; WHEREAS, Custer Institute and Observatory is applying for funding under the Downtown Revitalization Round VI grant; NOW THEREFOR RESOLVED that the Southold Town Board supports the application of Custer Institute and Observatory and will serve as the conduit for the funds and; Page 17 July II, 2006 Town of Southold Board Meeting Minutes FURTHER RESOLVED, that the Town Board of the Town of South old hereby authorizes and directs Supervisor Scott Russell to enter into a contract with the Suffolk Countv to receive fundine on behalf of Custer Institute and Observatorv. -I' Vote Record. Resolutioi:l2006-596 Yes/Aye l'llJfI'I"y Abstain Absent Ii! Adopted AlbertKrupski Jr. Seconder Ii! 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii! 0 0 0 0 Defeated ilai:rieiC. Ross VOler 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 2006-597 CATEGORY: DEPARTMENT: Budget Modification Town Clerk ModifY the 2006 General Fund Whole Town Budgets - TC & RM RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 General Fund Whole Town budeet as follows: From: A.141 0.4.1 00.1 00 Town Clerk Contractual Expense Office Supplies $300.00 To: A. 1460.2.200.400 Records Management Equipment Office Furniture $300.00 2006-598 CATEGORY: DEPARTMENT: Committee Resignation Town Clerk Accept the Resignation of Linda Clements From Her Position As a Member of the Housing Advisory Commission Page 18 July 11, 2006 Town of Southold Board Meeting Minutes RESOLVED that the Town Board of the Town of South old hereby accepts. with rel!:ret. the resil!:llation of Linda Clements from her position as a member of the Housinl!: Advisory Commission, effective August 1, 2006. ~ Vote Record - Resolution 2006-598 Yes/Aye ~()~IlY C Abstain Absent Ii! Adopted Albert Krupski Jr. Voter Ii! 0 0 0 0 Adopted as Amended William P. Edwards "Vot'er 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 'Initiato~ Ii! 0 0 0 Scott Russell : Voter Ii1 0 0 0 2006-599 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the National Multiple Sclerosis Society to Use the Following Roadsfor Its 1St Annual Twin Fork Bike Tour RESOLVED that the Town Board of the Town of Southold hereby I!:rants permission to the National Multiple Sclerosis Society to use the foUowinl!: roads for its 1st Annual Twin Fork Bike Tour on September 16 &17. 2006 beginning at 8:30 AM: Soundview Avenue New Suffolk Lane Mill Lane Bay Avenue Great Peconic Bay Blvd Peconic Lane New Suffolk Road provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of South old as an additional insured and notify Capt. Flatley within ten (10) days of the approval of this resolution to coordinate traffic control. oI'Vote Record.., Resolution 2006-599 Ii! Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn Albert Krupski Jr. William P. Edwards Dan{el C',' Ro'sS Thomas H. Wickham Louisa P. Evans Scott Russell Voter Voter Voter 'illitiator Seconder Voter y'~~_~ye Ii! Ii! Ii! Ii! Ii! Ii! ~C)INIlY o o o o o o Abstain o o o o o o Absent o o o o o o 2006-600 Page 19 July II, 2006 Town of Southold Board Meeting Minutes CATEGORY: DEPARTMENT: Misc. Public Hearing Town Clerk Set Tuesday, July 25, 2006, At 5:00 P.M, Southold Town Hal!, 53095 Main Road, Southold, New York As the Time and Place for a Public Hearingfor the Purchase of a Development Rights Easement on a Portion of the Property Owned by Randy Scott Shur and Angela Shur. RESOLVED that pursuant to the provisions of Chapter 70 f/k/a Chapter 25 (Agricultural Lands) and Chapter 17 f/k/a Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of South old hereby sets Tuesdav. Julv 25. 2006. at 5:00 p.m.. Southold Town Hall. 53095 Main Road. Southold. New York as the time and place for a public hearinl!: for the purchase of a development ril!:hts easement on a portion of the property owned bv Randv Scott Shur and Anl!:ela Shur. Said property is identified as part of SCTM #1000-94-3-1.6. The address is 4050 Soundview Avenue, Mattituck, New York. The property is located at the end of Sound view Avenue, approximately 3263 feet easterly from the intersection of Salta ire Way and Sound View Avenue in Mattituck in the A-C zoning district. The proposed acquisition is for a development rights easement on approximately 13 to 15 acres on the ot 17 acre parcel. The exact area ofthe purchase is subject to a Town provided survey acceptable to the Land Preservation Committee. The purchase price is $58,000.00 (fifty-eight thousand dollars) per buildable acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel ofland is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Page 20 July II, 2006 Town of Southold Board Meeting Minutes <I' VoteRecord.. Resolution 2006-600 ItI Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn ~l?~.~pskiJr. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Initiator Seconder '\ioier LY~tc?: Voter Voter y~~y,~- _N_~(N!,y Abstain Absent 611 0 0 0 611 0 0 0 611 0 0 0 611 0 0 0 611 0 0 0 611 0 0 0 2006-601 CATEGORY: DEPARTMENT: Sanitary Flow Credits Town Clerk Place One (1) Sanitary Flow Credit Into the Town TDR Bank From the Town's Fee Title Purchase of the Property Owned by C&D Realty WHEREAS, on June 28, 2006, the Town of Southold purchased Fee Title to the parcel owned by C & D Realty; and WHEREAS, said property is identified as SCTM#I 000-113-4-1 and 3640 Cox Neck Road, Mattituck, New York; and WHEREAS, said property is 0.78 acres, as per a survey prepared by John C. Ehlers Land Surveyor, dated June 6, 2006; and WHEREAS, the property contains wetlands and was appraised and valued as one non-subdividable building lot; and WHEREAS, said property is located within the Low-Density Residential R-40 Zoning District; and WHEREAS, said property is located within the Mattituck-Cutchogue School District; and WHEREAS, the deed recorded as part of the purchase prohibits the use of the property for any residential, commercial or industrial uses and prohibits the use of the property for anything other than open space; and Page 21 July 11, 2006 Town of South old Board Meeting Minutes WHEREAS, as per Chapter 117 f/k/aJ Chapter 87, Section 87-5 (Determination of Sanitary Flow Credit to be Deposited in the TOR Bank) of the Town Code, the Land Preservation Coordinator provided the Town Board with a calculation of the sanitary flow credits available for transfer from the above-mentioned parcel prior to the Town Board public hearing on the purchase; and WHEREAS, the Land Preservation Coordinator provided the Town Board with a final calculation of the sanitary flow credits available for transfer from the above-mentioned parcel following the closing on the parcel; and WHEREAS, one (1) sanitary flow credit is available from the parcel; be it therefore RESOLVED that the Town Board of the Town of Southold hereby places one (1) sanitary flow credit into the Town TDR Bank from the Town's fee title purchase ofthe property owned bv C&D Realtv; and, be it FURTHER RESOLVED that the Town Clerk shall enter this transfer of I (one) sanitary flow credit into the Sanitary Flow Credit Log; and, be it FURTHER RESOLVED that the Town Clerk shall forward this resolution to the Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database and GIS system. "', Vote Record.,. Resolution 2~1 yes/Aye NolNay Abstain Absent Ii'I Adopted Alb.ertKl'l;lpski Jr, Seconder Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'I b 0 0 0 Defeated Daniel C. Ross Voler 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 2006-602 CATEGORY: DEPARTMENT: Employment - Town Accounting Page 22 July 11, 2006 Town of South old Board Meeting Minutes Accept the Resignation of De on Shedrick From the Position of Custodial Worker I RESOLVED that the Town Board of the Town of Southold hereby accepts the resilroation of Deon Shedrick from the position of Custodial Worker I. effective July 14, 2006. V Vote Record ~ Resolution 2006--602 y~~t~,rl<!, NolNay Abstain Absent Ii'I Adopted ~~~,~pski}!: Voter Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Initiatof 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 Scott Russell Voter Ii'I , h 0 2006-603 CATEGORY: DEPARTMENT: Employment - Town Accounting Appoint Shawn Byrnes to the Position of a Custodial Worker I for the Department of Public Works RESOLVED that the Town Board of the Town of South old hereby appoints Shawn Bvrnes to the position of a Custodial Worker I for the Department of Public Works, effective July 26, 2006, at a rate of$32,279.05 per annum. -/ Vote Record - Resolution 2006--60:3 Y~s!Ay~ f'\l~!Nl:lY Abstain Absent 0 Adopted Albert Krupski Jr. Voter Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'I 0 0 0 0 Defeated Daniel C. Ross Voter Ii'I 0 0 0 Ii'I Tabled Thomas H. Wickham Seconder Ii'I 0 0 0 0 Withdrawn Next: Jul 25, 20064:30 PM Louisa P. Evans Initiator Ii'I 0 0 0 Scott Russell Voter Ii'I 0 0 0 2006-604 CATEGORY: DEPARTMENT: Attend Seminar Town Clerk Grant Permission to Bruno Semon, Sr. Site Plan Reviewer and Amy Ford, Sr. Planner to Attend a Seminar RESOLVED that the Town Board of the Town of Southold hereby e:rants permission to Bruno Semon. Sr. Site Plan Reviewer and Amv Ford. Sr. Planner. to attend a meetine: ree:ardine: the Parkine: Manae:ement Proe:ram to be held on Wednesday, July 12, 2006 from 11 :00 a.m. to approximately 2:00 p.m. at Southampton Town Hall. Page 23 July II, 2006 Town of Southold Board Meeting Minutes "-Vote Recordw Resolution 2006-604 Y~~/Ay~ NQ!NllY Abstain Absent Iil Adopted Albert Krups,k,iJr. Voter Iil 0 0 0 0 Adopted as Amended William P. Edwards Voter Iil 0 0 0 0 Defeated Daniel C. Ross Voter Iil 0 0 0 0 Tabled Thomas H. Wickham Seconder Iil 0 0 0 0 Withdrawn Louisa P. Evans Initiator Iil 0 0 0 Scott Russell ' Voter iil 0 0 0 2006-605 CATEGORY: DEPARTMENT: Employment - Town Human Resource Center Appoint Amy L. Krauza to the Position of Part Time Student Intern I for the Human Resource Center RESOLVED that the Town Board of the Town of South old hereby appoints Amv L. Krauza to the position of part time Student Intern I for the Human Resource Center, effective July 12, 2006, at a rate of$IO.86 per hour at 17 Y, hours per week. ./ Vote Rec:ard.. Resolution 2006-605 Iil Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn A~~~.~p~~i.!r~ William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Voter Voter Voter Initiator .Sec'onder Voter yesfAye Iil Iil Iil Iil Iil Iil N()!NllY o o o o o o Abstain o o o o Absent o o o o o o 2006-606 CATEGORY: DEPARTMENT: Authorize to Bid Public Works Authorize and Direct the Town Clerk to Advertise for Bids for the Replacement and Reconstruction of the Roof At the Southold Police Department RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the replacement and reconstruction of the roof at the Southold Police Department. in accordance with the plans and specifications prepared by James Richter, RA, Office of the Town Engineer. ./ Vote Record - Resolution 2006-606 .Y~s1AY~ !'!l?1'NllY Abstain Absent 6'1 Adopted Alll~KruP~Ici}~: ,lI1iti~()r 6'1 0 0 0 0 Adopted as Amended William P. Edwards Seconder 6'1 0 0 0 0 Defeated Daniel C. Ross Voter 6'1 0 0 0 0 Tabled Thomas H. Wickham Voter 6'1 0 0 0 0 Withdrawn Louisa P. Evans Voter 6'1 0 0 0 Scott Russell Voter Iil 0 0 0 Page 24 July 11, 2006 Town of Southold Board Meeting Minutes 2006-607 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Appoint Charles Stepanek and Penni Sharp As Members of the Fishers Island Hamlet Study. RESOLVED that the Town Board ofthe Town of Southold hereby appoints Charles Stepanek and Penni Sharp as members of the Fishers Island Hamlet Study. ./ Vote Ruord - Resolution 2006-607 . Y~s.'~y~ .N()/NIIY Abstain Absent 1<1 Adopted Albert Krupski 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 'Vota 1<1 0 0 0 Scott Russell Voter . 1<1 0 0 0 2006-608 CATEGORY: DEPARTMENT: Seqra Town Clerk Find No Significant Impact on the Environment and Declares a Negative Declaration Pursuant to SEQRA Rules and Regulations for the Purchase of Caberon Properties WHEREAS, the Town Board of the Town of South old wishes to purchase a development rights easement on a certain properties owned by Caberon Properties, Inc., pursuant to the provisions of Chapter 17 fi'k/a Chapter 6 (Community Preservation Fund) and Chapter 70 fi'k/a Chapter 25 (Agricultural Lands) and Chapter 185 fi'k/a Chapter 59 (Open Space) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-1 09-5-p/o 16.1 (Parcell) and #1000-109-6-15 (Parcel 2). The addresses are 765 Case's Lane and 450 Cedars Road, respectively, in Cutchogue, New York. Parcell is located on the easterly side of Case's Lane, approximately 557 feet southeasterly from the intersection of State Route 25 and Case's Lane in Cutchogue in the A-C zoning district. Parcel 2 is on the southerly side of Cedars Road, approximately 378 feet westerly from the intersection of New Suffolk Avenue and Cedars Road in Cutchogue in the R-40 zoning district. The proposed acquisition is for a development rights easement on approximately 12.6628 acres of the total 13.7228 acreage. The exact area of the purchase is subject to a Town provided survey acceptable to the Land Preservation Committee. Page 25 July 11, 2006 Town of South old Board Meeting Minutes The combined parcels are more commonly known as Cedars Golf Club. The purchase price for the easement is $46,000 (forty-six thousand dollars) per buildable acre. The purchase price is less than fair market value and is considered a Bargain Sale; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of South old that the Town of South old is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of the Town of South old hereby fmds no silmificant impact on the environment and declares a nel!:ative declaration pursuant to SEORA Rules and Rel!:Ulations for this action. ./ Vote Record ~. ResolutioD 2006-608 y'~~'-~y~ NolNay Abstain Absent iii Adopted Albert Krupski Jr. Voter iii 0 0 0 0 Adopted as Amended William P. Edwards Voter iii 0 0 0 0 Defeated Daniel C. Ross Initiator iii 0 0 0 0 Tabled Thomas H. Wickham Seconder iii 0 0 0 0 Withdrawn Louisa P. Evans Voter iii 0 0 0 Scott Russell Voter 6!1 0 0 0 2006-609 CATEGORY: DEPARTMENT: Budget Modification Town Clerk ModifY the 2006 Whole Town Budget - Land Preservation RESOLVED that the Town Board of the Town of Southold herebv modifies the 2006 Community Preservation Fund budl!:et as follows: To: Revenues: Page 26 July 11, 2006 Town of Southold Board Meeting Minutes H3.5990.00 Appropriated Fund Balance $5,000,000.00 To: Avvrovriations: H3.8660.2.600.100 Land Acquisitions $5,000,000.00 ./ Vote Record.. Resolution 2006-609 It! Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn Albert Krupski Jr. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell , Voter "'Yoter 'Yoler 'Seconder l Initiator Voter Yes/Aye It! It! It! It! It! It! NolNay o o o o o o Abstain o o o o o o Absent o o o o o o 2006-610 CATEGORY: DEPARTMENT: Retirement/Resignation Town Clerk Accept the Resignation of Mitchell Patern From His Position of Student Intern In the Records Management Department RESOLVED that the Town Board of the Town of Southold hereby accevts the resilmation of Mitchell Patern from his vosition of Student Intern in the Records Manal!.ement Devartment. effective July II, 2006. ./ Vote Record - Resolution 2006-610 Y~~Ay~_ N~IN!lY Abstain Absent It! Adopted Albert Krupski Jr. Voter It! 0 0 0 0 Adopted as Amended William P. Edwards Voter It! 0 0 D...... 0 Defeated Daniel C. Ross Voter It! 0 0 0 0 Tabled Thomas H. Wickham 'Initiator It! 0 0 0 0 Withdrnwn Louisa P. Evans "See'oDcler It! 0 0 0 Scott Russell Voter It! 0 . 0 0 2006-611 CATEGORY: DEPARTMENT: Employment - Town Town Clerk Appoint Ronald J. Mayer to the Position of Pump-Out Boat Operator to Work Under the Supervision of the Town Trustees RESOLVED that the Town Board of the Town of Southold hereby avvoints Ronald J. Maver to the vosition Laborer to overate the vumv-out boat under the suvervision ofthe Town Trustees for the period starting on July 16, 2006 through October 31, 2006, at a rate of $12.00 per hour. Page 27 July 11, 2006 Town of Southold Board Meeting Minutes .I Vote Retord.;Reso)lItioD 2006-611 Yes/Aye ~'?fI"l_IlY Abstain Absent R! Adopted Albert Krupski Jr. --biitiator R! 0 0 0 0 Adopted as Amended William P. Edwards 'Seconder R! 0 0 0 0 Defeated Daniel C. Ross ;YQ~<! R! 0 0 0 0 Tabled Thomas H. Wickham Voter R! 0 0 0 0 Withdrawn Louisa P. Evans Voter R! 0 0 0 Scott Russell Voter 00 R! 0 0 0 2006-612 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Increase and Appoint Members to the Alternative Energy Committee RESOLVED that the Town Board of the Town of Southold hereby increases the membership of the Southold Town Renewable and Alternative Enerl!V Committee from seven (7) to nine (9) members; and be it further RESOLVED that the following individuals be appointed to serve a three (3) year term of office on this committee: John M. Romanelli, Marie Domenici, Thomas Landi, Jerry Schultheis, Kimon H. Retzos, William J. Mills IV, Frank Wills, Peter Meeker, and Liliana Nealon, and be it further RESOLVED that the following individuals be appointed to serve as liaisons to this committee: Supervisor Scott Russell, Town Board; Mark Terry, Planning Board; and Robert Van Bourgondien, Agriculture Advisory Committee. .I Vote Recotd..; Resolution 2006-612 "f.e.sJA:YlJ NCJ!N:I'Y Abstain Absent R! Adopted Albert Krupski Jr. Seconder R! 0 0 0 0 Adopted as Amended William P. Edwards Initiator R! 0 0 0 0 Defeated Daniel C. Ross _Yl)t~ R! 0 0 0 0 Tabled Thomas H. Wickham Voter R! 0 0 0 0 Withdrawn Louisa P. Evans Voter R! 0 0 0 Scott Russell Voter R! 0 0 0 2006-613 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Attorney Set August 8,2006 At 8:00 P.M At the Southold Town Hall, 53095 Main Road, Southold, New York, As Page 28 July 11, 2006 Town of South old Board Meeting Minutes Teh Time and Place to Hold a Public Hearing on the Proposed Local Law Entitled, "A Local Law In Relation to Amendments to Chapter 280" WHEREAS, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 11 th day of July, 2006 a Local Law entitled "A Local Law in relation to Amendments to Chapter 280" now, therefore, be it RESOLVED that the Town Board of the Town of South old will hold a public hearin!!: on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York.. on the 8th day of Au!!:ust, 2006 at 8:00 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 Chapter 280" reads as follows: LOCAL LAW NO. 2006 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280". BE IT ENACTED by the Town Board ofthe Town of Southold as follows: I. Purpose - In order to provide for the better enforcement of Town Code violations with respect to land clearing, storage of unregistered vehicles, and the discharge of water onto highways, it is necessary to make these amendments to the Town Code. II. Chapter 280 of the Code ofthe Town of South old is hereby amended as follows: ~280-136. Land clearing. No person shall undertake or carry out land clearing, including grading, clearing, cutting and filling, excavating or tree removal associated therewith, without first having obtained anv appropriate approvals or permits where reQuired. site plan lIflpr-eval. Weeding, gardening, mowing and the selective pruning of vegetation or selective cutting of diseased or dead trees shall not be included herein. Any lanEllJ'lffler femul guilty ef'iielllting person in violation of this section shall be finea aa te subiect to a fine not to exceed $5.000. Site plan lIflPFEl'/aI shalllle 'lIithheld lHltil ana anIess a plant restoration plan fer that site is apprevea lly the Plar.ning Boara. S 280-110. Open stora!!:e. No unenclosed debris. vehicles. vehicle parts or refuse mav be kept on propertv in a residential district storage, except parking of operable passenger ',ehieles eapable of passing inspeetion recistered motor vehicles 81', recreation vehicles, 81' boats and commercial vehicles as Page 29 July 11, 2006 Town of South old Board Meeting Minutes set forth in ~280-78, and except where located in an agricultural district. shall be J3tl1mittetl iR a resiaeatial tliatriet. &280-111. Encumbrances to public roads. 1, (1) No person shall intentionally discharge or cause to be discharged any water of any kind onto a public highway. roadway. right ofwav or sidewalk causing a public nuisance. hazardous condition. or resulting in flooding or pooling in or around the public area including neighboring properties. (2) No person shall place or cause to be placed obstructions of any kind. except the lawful parking of registered vehicles. upon a public highway. roadway. right ofwav or sidewalk that unreasonablv interferes with the public's use of the public highway. roadway. right ofwav or sidewalk. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided bylaw. ./ Vote Record - Resolution 2006-613 'Yes/Aye Nl:t!N~Y Abstain Absent iii Adopted Albert Krupski Jr. Voter iii 0 0 0 0 Adopted as Amended William P. Edwards Voter iii 0 0 0 0 Defeated Daniel C. Ross Initiator iii 0 0 0 0 Tabled Thomas H. Wickham Seconder iii 0 0 0 0 Withdrnwn Louisa P. Evans Voter iii 0 0 0 Scott Russell Voter iii 0 0 0 2006-614 CATEGORY: DEPARTMENT: Coastal Erosion Town Attorney Hashomomuck Cove Erosion Conditions RESOLVED that the Town Board of the Town of South old authorizes Supervisor Scott Russell to express the Town's support in a letter to the New York DEe for the State and Page 30 July II, 2006 Town of South old Board Meeting Minutes Federal studv and ootential remediation of the severe erosion conditions affectinl!: the Hashomomuck Cove area alonl!: County Route 48 in Southold, which is an area of critical environmental concern to the Town. .j' Vote Record - Resolution 2006--614 Y~YA:Y~ N~fr\lIlY Abstain Absent ItJ Adopted Alll~~pski J~~ Voter ItJ 0 0 0 0 Adopted as Amended William P. Edwards Voter ItJ 0 0 0 0 Defeated Daniel C. Ross Voter ItJ 0 0 0 0 Tabled Thomas H. Wickham Seconder ItJ 0 0 0 0 Withdrawn Louisa P. Evans ]",,~~#ll~~~ ItJ 0 0 0 Scott Russell Voter ItJ 0 0 0 2006-615 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Mattituck Chamber of Commerce to Use Love Lane to Show a Movie on Saturday, July 22, 2006 Beginning At 4:00 Pm. to 12:00 A.M. (Midnight), RESOLVED that the Town Board of the Town of Southold hereby l!:rants oermission to the Mattituck Chamber of Commerce to use Love Lane to show a movie on Saturdav. Julv 22. 2006 bel!:inninl!: at 4:00 om. to 12:00 a.m. (midnil!:ht). providing they provide the Town Clerk's office with a certificate of insurance naming the town as an additional insured for one million dollars and contacts Capt. Flatley 10 days in advance to discuss traffic control. .j' Vote Record - Resolution 2006-615 X~YAY~ N(}fI".IlY Abstain Absent ItJ Adopted Albert Krupski Jr. Voter ItJ 0 0 0 0 Adopted as Amended William P. Edwards Voter ~ 0 0 0 0 Defeated Daniel C. Ross 'Seconder ItJ 0 0 0 0 Tabled Thomas H. Wickham 'fuitiator ItJ 0 0 0 0 Withdrawn Louisa P. Evans Voter ItJ 0 0 0 Scott Russell Voter ItJ 0 0 0 2006-616 CATEGORY: DEPARTMENT: Property Acquisition Town Clerk Elect to Purchase a Development Rights Easement on Certain Properties Owned by Caberon Properties, Inc. WHEREAS, the Town Board of the Town of South old held a public hearing on the question of the purchase of a development rights easement on certain properties owned by Caberon Page 31 July 11, 2006 Town of South old Board Meeting Minutes Properties, Inc., on the II th day of July, 2006, pursuant to the provisions of Chapter 17 fi'k/a Chapter 6 (Community Preservation Fund), Chapter 70 fi'k/a Chapter 25 (Agricultural Lands) and Chapter 185 fi'k/a Chapter 59 (Open Space) of the Code of the Town of South old, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-109-5-p/o 16.1 (parcell) and SCTM #1000-109-6-15 (Parcel 2). The addresses are 765 Case's Lane and 450 Cedars Road, respectively, in Cutchogue, New York. Parcell is located on the easterly side of Case's Lane, approximately 557 feet southeasterly from the intersection of State Route 25 and Case's Lane in Cutchogue in the A-C zoning district. Parcel 2 is on the southerly side of Cedars Road, approximately 378 feet westerly from the intersection of New Suffolk Avenue and Cedars Road in Cutchogue in the R-40 zoning district. The combined parcels are more commonly known as Cedars Golf Club; and WHEREAS, The proposed acquisition is for a development rights easement on approximately 12.6628 acres of the total 13.7228 acreage. The exact area of the development rights easement is subject to a Town-provided survey acceptable to the Land Preservation Committee; and WHEREAS, the purchase price for the easement is $46,000 (forty-six thousand dollars) per buildable acre. The purchase price is less than fair market value and is considered a Bargain Sale; and WHEREAS, there is a nine-hole public golf course located on the properties. The Town is proposing to acquire the development rights on these properties with the intent of allowing the existing use to continue. Any purchase by the Town will restrict future use of the property to continued use as a public golf course, change of use to a different type of public recreational use, or agricultural use; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and recreational value; and Page 32 July 11, 2006 Town of South old Board Meeting Minutes WHEREAS, the purchase of the development rights on these properties is in conformance with the provisions of Chapter 17 f7k1a Chapter 6 (Community Preservation Fund), Chapter 70 f7k1a Chapter 25 (Agricultural Lands Preservation) and Chapter 185 f7k1a Chapter 59 (Open Space) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 95 ofthe Town Code and Local Waterfront Revitalization Program (L WRP) and the L WRP Coordinator has determined that this action is consistent with the LWRP; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now, therefore, be it RESOLVED that the Town Board of the Town of South old hereby elects to purchase a development ri2hts easement on certain properties owned bv Caberon Properties. Inc.. pursuant to the provisions of Chapter 17 f/kJa Chapter 6. Chapter 70 f/kJa Chapter 25. and Chapter 185 flk/a Chapter 59. of the Code of the Town of Southold. Said properties are identified as SCTM #1000-109-5-p/o 16.1 (Parcell) and SCTM #1000-109-6-15 (Parcel 2). The addresses are 765 Case's Lane and 450 Cedars Road, respectively, in Cutchogue, New York. Parcell is located on the easterly side of Case's Lane, approximately 557 feet southeasterly from the intersection of State Road 25 and Case's Lane in Cutchogue in the A-C zoning district. Parcel 2 is on the southerly side of Cedars Road, approximately 378 feet westerly from the intersection of New Suffolk Avenue and Cedars Road in Cutchogue in the R-40 zoning district. The development rights easement comprises approximately 12.6628 acres (subject to survey) of the total 13 . 7228 acreage. The exact area of the development rights easement is subject to a Town-provided survey acceptable to the Land Preservation Committee. The purchase price for the easement is $46,000 (forth-six thousand dollars) per buildable acre. The purchase price is less than fair market value and is considered a Bargain Sale. The Town is acquiring the development rights on these properties with the intent of allowing the existing use as a nine-hole public golf course to continue. The purchase of development rights by the Town will restrict future use of Page 33 July II, 2006 Town of South old Board Meeting Minutes the property to continued use as a public golf course, change of use to a different type of public recreational use, or agricultural use. ./ Vote Record - Resolution 2006-616 YesJ~Ye, ~()!Nay Abstain Absent Iil Adopted J\.l~c::rtI<rupski Jr. Voter Iil 0 0 0 0 Adopted as Amended William P. Edwards Yoter Iil 0 0 0 0 Defeated Daniel C. Ross Voter Iil 0 0 0 0 Tabled Thomas H. Wickham Initiator Iil 0 0 0 0 Withdrawn Louisa P. Evans Seconder Iil 0 0 0 Scott Russell Voter Iil 0 0 0 VII. Public Hearin2s I. Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearin2. ./ Vote Record - Motion to recess to Public HeariDI! Yes/Aye NolNay Abstain Absent Albert Krupski Jr. Voter Iil 0 0 0 Iil Adopted William P. Edwards 'Seconder Iil 0 0 0 0 Defeated Daniel C. Ross Yoter Iil 0 0 0 0 Withdrawn Thomas H. Wickham Voter Iil 0 0 0 Louisa P. Evans Initiator Iil 0 0 0 Scott Russell Voter Iil 0 0 0 Public Hearing # I SETS TUESDAY, JULY 11,2006, AT 8:00 P.M., SOUTHOLD TOWN HALL, 53095 MAIN ROAD, SOUTHOLD, NEW YORK As THE TIME AND PLACE FOR A PUBLIC HEARING FOR THE PURCHASE OF A DEVELOPMENT RIGHTS EASEMENT ON PROPERTY OWNED BY CABERON PROPERTIES, INC COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25 (Agricultural Lands), Chapter 59 (Open Space), and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of South old hereby sets Tuesdav. Julv 11. 2006. at 8:00 p.m.. Southold Town HaIL 53095 Main Road. Southold. New York as the time and place for a public hearin2 for the purchase of a development ri2hts easement on property owned bv Caberon Properties. Inc. Said properties are identified as SCTM #1000-109-5-p/o 16.1 (Parcell) and SCTM #1000-109-6-15 (Parcel 2). The addresses are 765 Case's Lane and 450 Cedars Road, respectively, in Cutchogue, New York. Parcell is located on the easterly side of Case's Lane, approximately 557 feet southeasterly from the intersection of State Route 25 and Case's Lane in Cutchogue in an A-C zoning district. Parcel 2 is on the southerly side of Cedars Road approximately 378 feet westerly from the intersection of New Suffolk Avenue and Cedars Road in Cutchogue in an R-40 zoning district. The proposed acquisition is for a development rights easement on approximately 12.6628 acres of the total 13.7228 acreage. The combined parcels are more commonly known as Cedars Golf Page 34 July 11, 2006 Town of South old Board Meeting Minutes Club. The exact area of the purchase is subject to a Town provided survey acceptable to the Land Preservation Committee. The purchase price is $46,000 (forty-six thousand dollars) per buildable acre. The purchase price is less than fair market value and is considered a Bargain Sale. There is a nine-hole public golf course located on the properties. The Town is proposing to acquire the development rights on these properties with the intent of allowing the existing use to continue. Any purchase by the Town will restrict future use of the property to continued use as a public golf course, change of use to a different type of public recreational use, or agricultural use. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and recreational value; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel ofland is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. This notice has been published in the local newspapers as a legal and it has appeared on the Town Clerk's bulletin board outside in the hallway and I have no further communications on this public hearing. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on issues of this purchase? Melissa Spiro? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi, Melissa Spiro, I am the Land Preservation Coordinator for the Town of Southold. This purchase is really an atypical one, in that it is neither typical open space nor typical farmland. The property contains, as mentioned, an existing nine hole public golf course. The course is located on two separate parcels, separated by Cedars Road. One parcel is about 7 acres and the other is about 6. One parcel is located in the R-80 and the other is in the R-40 zoning district. The land owners have offered a developments rights easement on all but approximately one acre of the property. The one acre contains an existing club house and that is being reserved from the developments rights sale. The developments rights easement in total covers 12 acres of the two different parcels. The farmland that is located to the south of one of the properties is already preserved with a county developments rights easement to the county. The Land Preservation Committee reviewed and accepted this application with the intent that once the development rights are acquired that the existing use, the public golf course, will be allowed to continue. Since we really don't know what will occur in the future, what the future will bring, the easement allows for should the public golf course use cease to exist, that future use of the property will be allowed to be another type of public recreational use or if public recreational use is not a desired use at that particular time, the property can convert or be converted to an agricultural use. If it is converted to an agricultural use, the ag use will be allowed to be a private use and not a public use, similar to our typical farmland development right easement. The landowners agreed to sell the easement to the Town at a price below the fair market value and the total price will be calculated based on $46,000 an acre. Since the easement allows for future agricultural use and does not restrict the property to open space uses only, sanitary flow credits will not be transferred from this acquisition. It was exciting to work on this unusual application, something a little different. The Page 35 July II, 2006 Town of South old Board Meeting Minutes golf course I feel is an important part of Cutchogue village and I thank the land owners, who I believe are somewhere here in the audience, for offering this easement to the Town and for allowing the Town to preserve this as part of our preservation efforts. Both the Land Preservation Committee and I recommend that the Town Board pass the resolution to purchase this easement and if all goes as planned, we expect to close before the end of the month. Thanks. SUPERVISOR RUSSELL: Thank you. Would anyone else like to comment on this acquisition? (No response) I would personally like to thank the owners for their generosity, I think it is an exciting purchase as well and it is buying one of Cutchogue's defining landmarks which is fantastic for a guy from Cutchogue. George? GEORGE PENNY: Good evening, I am George Penny. I am vice-president of Caberon Incorporated. Some of our members are here representing the four original families that started this back in the mid 60's? 65? That being Russell Case, Bob Bergen, Dick Cron (who has passed away) and my father. None of the original founders are here for this or can participate in any way as they have all passed on but I know it was their intent that this always remain a golf course and that was our main goal in doing this, being as the world is under terrific development pressure right now, that whether we retain the property or not, it will be kept in public use, most hopefully. If the worse case scenario is that it will revert to agricultural but I just don't see that happening being as it is the only nine hole golf course in Southold Town. So we are pleased to present this to the Town. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else care to address the Town Board? SUE AUER: MY name is Sue Auer and I represent 128 women who play golf at the golf course. Compute that by 10 voting things at 1,280 votes. They want, they are very excited about this, that it is going to be preserved. And we want to thank you for considering this. SUPERVISOR RUSSELL: Thank you very much for your comment. Would anybody else care to address the Town Board? (No response). Motion to close the hearing? '" Vote Record. Public Hearln #1 Yes/Aye NolNay Abstain Absent Albert Krupski Jr. Voter Ii'I 0 0 0 0 Adjourned William P. Edwards Seconder Daniel C. Ross Voter Ii'I 0 Ii'I Closed Thomas H. Wickham Voter Ii'I 0 0 Louisa P. Evans Initiator Ii'I 0 0 Scott Russell Voter Ii'I 0 0 0 3. Statement SUPERVISOR RUSSELL: That is it on the resolutions. At this point I would like to open up the floor to anybody who would like to address this Board on any issue of mutual interest. FRAN SLEZAK: Good evening, my name is Fran Slezak. I live on Alvahs Lane in Cutchogue. I am here because I feel your decision to renew a permit for a trailer, housing a family of five on the Schneider greenhouse property on Alvahs Lane does not consider my safety, my rights or my position as a homeowner and taxpayer. Initially I did not let my objections of the two Page 36 July II, 2006 Town of Southold Board Meeting Minutes greenhouse owners living in the trailer known, as I believed the housing was of a very temporary existence, as they had another home in Southold and were also gone for periods of time traveling in their other trailer. I wanted to be a good neighbor. The application for the renewal of the house trailer for the period of June 2005 until December 2005 states the occupants to be two. To be Lillian and Ernest Schneider, the greenhouse owners. But in August 2005, a family of five moved into the trailer for housing, without the Town's approval yet. It wasn't until his application for December to June 2006 period that mentions the family of five. Also, not identified in the survey and description section of all applications for the permitting of this trailer, is his other permitted trailer for business. Which also sits in full view of Alvahs Lane. In close distance to this housing trailer. When a family of five, two adults and three young children, took possession of this trailer for housing, I suspected this was for more of a permanent nature which would negatively affect my home. I had concerns for my homes fire safety, water safety and density of land use, which became of an immediate, paramount issue. I also believe this housing was for the land owners own gain, to house his workers and a means to bypass the Town's criteria to build a more substantial structure to meet codes, which would consider safety, setbacks, the Town's character; neighboring concerns homeowners and taxpayers possess. I submitted my letter of complaint to the Town Board October 2005, at the Town Clerk's office. I made it known to the clerk and as in my letter, that I wanted to be present when the Town Board discussed this matter and was told that I would be notified of any correspondence related to this issue and that my letter would be naturally forwarded to the new incoming Town Board members if necessary. In January of 2006 I again inquired at the Town Clerk's office when this matter would be discussed and I was reassured that I would be notified of the date. March 2006 I submitted a second letter of the same issue to the Town Board at the Town Clerk's office and was told the new, incoming Board members had not yet received my first letter regarding the house trailer. I was assured both of my letters would be forwarded to the Town Board then and I would be notified of any related new information. On that same day, I went to the Planning Board, spoke to a town planner, submitted a copy of both of my letters and was told that they had a time limit; my concerns may possibly be addressed before the Town Board did and I was assured that I would be notified of the planners findings. In June 2006, I again inquired at the Town Clerk's office about this issue and found that the Town Board had already met on April 25, 2006 disregarding my request to be present in my letters and permitted the trailer to house a family of five on the greenhouse property for six months. The Town made no effort to contact me in any way. On that day, I again spoke to a town planner and he said he would look into my concerns as provisions of a covenant of subdivision are within a planners domain, as I believe there are existing covenants, as I have put in my letters requiring the greenhouse owners to install a firewell and a new road from the owners house, that presently sits behind the greenhouse to go directly to Alvahs Lane, rather than around the greenhouse and the house trailer in close proximity to my property. I was told by the town planners my observation of a septic system being installed by the original owner and a helper in close proximity to my well, without finding papers confirming approval of this new system in Town records, to be a Health Department matter. The reality is your placing a trailer has serious and lasting implications for all concerned. My northern side boundary has continuous usage by different entities without adding a house trailer and its family life. Abutting my property is a 15 foot wide road, serving vineyard workers to get to the vineyard as well as homeowners to get to their home that is behind me. Two feet from my property line is a well that the vineyard workers load their sprayers to spray the grapes Page 37 July II, 2006 Town of South old Board Meeting Minutes that are IS feet from my property line. In succession, then there is a greenhouse road, serving the greenhouse activity and the greenhouse owner and family to get to their house behind the greenhouse. This house trailer sits in full view of Alvahs Lane. The greenhouse is almost on its southern boundary line, as does the house trailer with the family of five having their family affairs, extending parallel to my property. I believe adding this trailer for housing overcrowds the land use, causes a density problem, disturbing and infringing on my quality of life that otherwise would not be happening. I believe that this trailer is primarily for housing greenhouse workers and does not afford me the protection of Town codes for safety, health, welfare, comfort and conservation of property values. Therefore, I believe that this trailer should not be permitted on this property and that my rights as a homeowner should be recognized and protected. Could somebody tell me the justification for the trailer being placed there? SUPERVISOR RUSSELL: The Town Board looked at this issue, we tabled the application renewal. The reality is, under state agricultural and markets law, he is entitled to the trailer and for the very reason that you had outlined. Primarily because it is for greenhouse workers. He is allowed to house his labor on his ag property. He is protected by state statute, by state agriculture and market statute in doing that. Our only oversight is to renew the permit. We do not have the authority to subject him to the types of residential requirements that you would a normal living operation. He is protected by state statute, which supersedes the Town in this case. MS. SLEZAK: Aren't you in the position to say to him, aren't there alternate ways? I mean, he lives on land contiguous, behind the greenhouse. His application says he wants a night watchman. He is there all the time. This is for housing. This is not for agricultural work. There are five people there. Three of them are six, four and two. How are they agricultural workers? The children are left there, they are playing outside. They are not working. This is a family residing there. They are having parties, they are having, this is not just an issue of agricultural workers. This is an issue of safety of my home, conservation of my property values and I think that somehow, something should be done somewhere, somehow. I wasn't informed to come at the time that the meeting was held and so I am here now. I know I am a little late but that is the way it goes. But I feel that, you know, let me, I have a letter here. Mr. Forrester sent to Linda Cooper, Deputy Town Clerk and also to Patricia Finnegan, Town Attorney. 'This trailer exists in the same location, is in the same dimensions originally approved permit. The complaint letter and prior complaints from this neighbor do not represent code violations as long as the Town Board, the Town Board has allowed this type of residence to be constructed. I have advised the Town Board, through your office on a number of these permits, that these trailers are merely dwellings for employees of the applicant and are more suited to a building permit, CO review. The Town Board continues to approve these and allows for renewals of others.' Now let me tell you something else. May 2005, I may have said this already. The application says two occupants. He then in August had the family move in. This was without your approval. This was a slide-in. That is what this was. November he applied for the family of five from December to June. So this family has been in there since August. August, September, October, November, December without your approval. This is just a slide-in. This is a housing that is negatively affecting my quality of life. I have a density, there is one thing after another. There is not an inch, there is no land, there is no setbacks. I don't know what else to say but I wanted to express my feelings and I don't, you know, I don't know all the laws but I know how I feel and I Page 38 July II, 2006 Town of South old Board Meeting Minutes know that there are other people and I have driven around town looking at trailers. Some of them are off the North Road, behind, where you can't see them, where there is no other houses. This is a residential area. There are houses that are assessed at over $400,000. Three or four of them are brand new. The land across the street is owned by Mr. Bacon, he has preserved it. There is a lake there. How is this preserving anything? This is increasing density. And people and tourists go by and see this trailer there. There is also another, I think I said, there is also another trailer that they have there for business purposes. Why wasn't that trailer used for the night watchman? And the person who moved in is someone who has been working there, it is not like it is a new person. That all they need is a night watchman. They have been in business since 1998, all of a sudden they need a night watchman. I mean, technology today is so advanced you could spend $95 and get some kind of a security system that covers everything. I mean, this is a housing situation. I don't understand the laws, that you said, the state law or whatever, that it is protected by it but I am sure that there are ways that this could not happen because there are permits, there are, I have a lot here, I just can't get into all of it right now but this is how I feel. Thank you. SUPERVISOR RUSSELL: Just a couple of things that I want to say. First, if you were promised notification and you didn't receive it, that it unforgivable and I apologize for that. Secondly, I would be happy to sit down with you, towards the end of this week if you want, I will go over the dilemma that the Town was in regarding that and other agricultural residential uses and show you what the law is and why our hands are tied in so many cases. It doesn't preclude me from asking the land owner if he will relocate the trailer, we had actually asked the Town Attorney who is out on maternity leave, to do that. I don't know if that presented a problem for him. We can't make him move it but we can certainly try to engage him and ask him to but it would be presumably somewhere on that property. That property, like I said, is protected by state ag and markets law. MS. SLEZAK: I would like to ask you why is the approval of the cesspool that I saw added only a Health Department matter? Why isn't the Town concerned about this septic system being placed near my well? SUPERVISOR RUSSELL: All of that is under aegis of the Suffolk County Department of Health. The Town has no authority... MS. SLEZAK: When his property was subdivided, because I went to read the information, it said this subdivision is approved and then I went into the, I have certificates that has everything. If this was approved on the basis of the Health Department like in 1978. I just saw the cesspool system put in. So if the Town is going by that when here I am somebody saying I saw the original owner and another person putting in a septic system and it is like, you know, nobody cares. Just let it go. That is how I feel, it is being taken, what is being taken care of. I mean, I saw it, I didn't know why it was happening and then I started seeing other things happening and then, to me, it is near my well. And then there is another well that the vineyard, there are three wells there. I mean, this concerns me. Page 39 July 11, 2006 Town of South old Board Meeting Minutes SUPERVISOR RUSSELL: If you would meet with me, perhaps Thursday or Friday I will have the Building inspector, Chief Building Inspector in and we will go over all of these issues. MS. SLEZAK: Thank you. Should I call you for an appointment? SUPERVISOR RUSSELL: Absolutely. Please. MS. SLEZAK: Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any issue? MIKE DOMINO: Mike Domino, President of the North Fork Environmental Council. I would like to thank this Town Board first of all for the matter in which you are working in addressing issues, for example resolution 609, 611, 612 and 613, 614 and 616 tonight. It speaks to the manner in which you are cooperating and moving forward the agenda that we like. Last evening, Frank Wills and I attended an informational meeting at Downs Farm Preserve for the natural resource management stewardship working group for Town owned open space properties, this too reflects proper thinking on the Town, on the part of the Town Board and we applaud you for that. With that in mind, I would like to read into the record a letter that was drafted earlier and held in abeyance, awaiting the Town Trustee Board resolution on a piece of property near Kenney's beach. So with your permission, 'To the Members of the Town Board, We and all in the Town have suffered an improper decision by the Trustees to approve a wetland permit for the construction of a house at 310 Lake Drive in the Kenney's beach area. The Trustees decision violates the legislative intent of Town law in at least three aspects. It allows undue discretion in reducing the minimum setbacks required from structure to wetlands. The Trustees acted as if they were a Board of Appeals. There are no criteria for mitigation in Chapter 97. there actions appear to compromise the intent of Chapter 97 and the Town's environmental quality has suffered for it. The Board of Town Trustees, a creation of the Town Board and election, jeopardized a significant preservation effort designed to preserve the rare Great Pond wetland and dunes. As each petition is disposed in this way, they negotiate an ever weaker case law position with respect to the intent of the code. (this is sometimes known as the domino effect) It appears that the Board did not utilize the services of their environmental technician. The DEC implementing article 24 and 25 requires certified skills. The environmental technician is paid by the public to investigate applications such as this but the Board (Board of Trustees) with lay environmental credentials, chose to rely on their own largely uncorroborated judgment. Third point, their decision ignores the LWRP coordinators determination that the permit application was inconsistent with the Town's LWRP. This disregard of the newly enacted consistency review law, Chapter 96, threatens the Town's ability to advance its long-term planning goals, as well as the ability to receive state LWRP grants. At the very least, the Board of the Town Trustees seems to be working at cross purposes with the Town's preservation initiatives. Although there are possible legal and administrative remedies available in our opposition to the Trustees decision, we feel it is time the Town Board put some limits on the Board of Town Trustees power to waive or alter specifications in the Town code. We suggest a combination of limits in how far the Board of Town Trustees can go in their dispensations, inclusion of criteria for mitigation of Town specifications and insertion of the Town Board, this Town Board, as an Page 40 July 11, 2006 Town of Southold Board Meeting Minutes appeals board as in Chapter 37. We trust that the Town Board will agree with us that this action and others of this type must be addressed. We look forward to hearing from you in the very near future with your action to deal with this destructive decision.' And I might add that all of the above is subject to actually the final Board of Town Trustees resolution, which has not yet, I believe been formally drafted. Thank you very much. SUPERVISOR RUSSELL: Mr. Domino, can I get a copy of your comments for the record? MR. DOMINO: Absolutely, I would hand this in right now but I noticed that there is a typo and I would like to correct it and give it to you tomorrow. SUPERVISOR RUSSELL: Okay. Oh, you are a science teacher, they give you the guidebook. There are a couple of points I would like to make quickly. First of all, we didn't create the Trustees, in fact, they preceded us by many, many, many years. They have more historical authority in this Town than the Town Board does. I don't agree with the decision in this case but I do support the autonomy of that Board as being critically important to Southold Town. MR. DOMINO: Thank you. We have been doing some research on the actual creations. We are not quite clear on that yet. But that will come up at another time. Thank you. SUPERVISOR RUSSELL: Would anybody else like to address this Board? Mrs. Egan? JOAN EGAN: Joan Egan, East Marion. Have you heard anything about the animal shelter? You have a wrap on that? SUPERVISOR RUSSELL: We had a discussion, a brief discussion this morning. Apparently we got the re-scope of the proposal back on June 6th. We are going to talk about it in two weeks. I regret that Councilman Wickham hadn't given it to me earlier, I would like to have talked about it earlier. It is something that needs to be done now, not later. We had some disagreements on that today but I think in two weeks we are going to be taking it up with all due vigor and that is a commitment from all six members of the Board. MS. EGAN: Good. I would like, since people watch us on TV, to remind people because it has gotten completely out of hand, the use of cell phones while you are driving. It has gotten totally out of hand. COUNCILMAN KRUPSKI: I think that is illegal. MS. EGAN: Pardon? SUPERVISOR RUSSELL: It is illegal by state and county law. MS. EGAN: It is illegal. SUPERVISOR RUSSELL: By state and county law. Page 41 July 11, 2006 Town of South old Board Meeting Minutes MS. EGAN: Oh, yeah. 1 know. You ask any police officer and we all see it but we can't do anything about it because a policeman has to witness it. Now, the flag on Depot Lane, that Mattituck School District, it is still, 1 know the lanyard is broken. It is now three years since the flag has flown there. oh, I also notice and people again, this is an alert, we are down on water and people are using their sprinkler systems and they are watering the roads. Out here, you are doing the same, your sprinkler system waters the pavement. If you are going to water, you water the trees, the shrubs and the grass. Not the land. The, you had spoken and I think you mentioned it to me again a week ago or two ago about our acquiring that school building for seniors. SUPERVISOR RUSSELL: Community purchase, for everybody in the community. We are going to have that on the agenda in two weeks, to discuss moving forward. MS. EGAN: Good. SUPERVISOR RUSSELL: We are now pursuing dollars to see if we can get state support or state help in that acquisition. MS. EGAN: Uh huh. Now, it hasn't been in the paper recently but our Chief of Police and Captain Flatley with crime on the rise out here, asked people if they see something, say something. You don't have to make any accusations yourself, you merely call the police station or you go up there or you write and you let them know. We have to protect ourselves. That is the way it goes. And I heard indirectly and I hope it is so, that CVS is backing out of interest in Southold. Bye bye. SUPERVISOR RUSSELL: Thank you very much. Would anybody else like to address the Town Board on any issue? COUNCILMAN ROSS: I just want to bring to the public's attention, if you missed the resolution, the Town Board at the Mattituck Chamber of Commerce's request closed Love Lane on Saturday July 22 for purposes, the Chamber is going to have a movie for the younger residents and so, keep that date open if you have some youngsters, that is July 22, Love Lane, Mattituck Chamber of Commerce movie night. Thank you. MS. EGAN: What movie? COUNCILMAN ROSS: I don't think that has been decided yet. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? (No response) Can I have a motion to adjourn? 8. Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:40 P.M. Page 42 July 11, 2006 Town of South old Board Meeting Minutes * * * ~ ~QYL..;~ E~beth . Nevi~ Southold Town Clerk ,/ Vote Record - Adiourn Town Board Meetin" Yes/Aye No/Nay Abstain Absent N~~~p~}{i}~~ Voter Ii'! 0 0 0 Ii'! Adopted William P. Edwards Seconder Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Withdrawn Thomas H. Wickham IDitrator Ii'! 0 0 0 Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 Page 43