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HomeMy WebLinkAboutTB-08/08/2006 2. 3. , - ELIZABETH A. NEVILLE TOWN CLERK 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 August 8, 2006 7:30 PM Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631)765 - 1800 southoldtown.northfork.net A Regular Meeting of the Southold Town Board was held Tuesday,~u.gust 8, 2906 at the Meeting Hall, Southold, NY. Supervisor Russell opened the m<;eting:a,t 7:30 Ptv!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 Scott Russell Elizabeth A. Neville Kieran Corcoran I. Reoorts 1. Land Tracking ., Second Quarter of 2006 Organization Title Town of South old Coundl~ Town of South old C()_l}llcilman . Town of South old . Coupcilman Town of South old. Councilman Town of SoutIlollf'. Justice ";' ','''.'l'q Town of S,()~thold . Sl:!p.l!rvisor . Town of$6~tb()ld To~ Clerk Town of SOlrthold A~sistant Town Attome Town Clerk Mqllthly Report July 2006 .. 1. NYSDEC Complete Application Liegey Property , ",. c.......",,'",,',.. ' ''',.'C,,,.',,'''';':' Police DefJJiJy 20fj6 .P. .... Sick & OYettime reports II. Public Notices Status Present Present Present Present Present Present Present Present Arrived Page I August 8, 2006 Town of Southold Board Meeting Minutes III. Communications 1. Letter From Ms. R. Aronica Re: Karen McLaughlin IV. Discussion 1. 9:00 Am - Docks on the Bay Trustees, Jamie Richter, Mark Terry 2. 9:30 Am - Paving At Transfer Station Jim Bunchuck 3. 10:00 Am - Administrative Assistant Landmark Pres. Comm Jim Grathwohl 4. 10:15 Am - Planning & Zoning Notes Councilman Thomas Wickham 5. CPF Tax Extension Legislation 6. 12:00 Pm - 1:00 Pm LUNCH 7. 1:00 Pm Executive Session County/ Town Property Acquisition 8. Executive Session Tepmnan Appeal 9. Animal Shelter Agreement V. Minutes Approval 1. Tuesday, July 25, 2006 VI. Resolutions 1. Statement SUPERVISOR RUSSELL: Welcome to the August 8, 2006 meeting of the Southold Town Board. Please rise and join with me in the Pledge of Allegiance to the Flag. This is the point in the meeting that anyone can address the Town Board on any of the resolutions on tonight's agenda. JOAN EGAN: Joan Egan, East Marion. (tape malfunction) Oh, well I left a card with Mr. Russell on the Fishers Island thing. That you all sign and mail from over there. I even put a Page 2 August 8, 2006 Town of Southold Board Meeting Minutes stamp on it for you. On item 653, for your budget. You had better have a good, high budget for the police department, we need more seasonal, we need more police men. On item 654, your juvenile officer is going away on a seminar. Who takes his place? Are there two, I think there are two juvenile officers, aren't there? SUPERVISOR RUSSELL: That is correct. MS. EGAN: Hmm? SUPERVISOR RUSSELL: Yes, I believe there are two juvenile officers that have been participating in the DARE program principally. MS. EGAN: Yeah, because we probably could use three of them with what is happening in our town. Oh, item 655, traffic signals. I think that is great. That is Greenport. And I would suggest that you look for one for Mattituck also, school districts. I think it is great that you are worhng on places for us to go in disaster areas, that is 656. On item 657, we are leasing the Canon business. Why don't we purchase it? SUPERVISOR RUSSELL: The opportunity or the evaluation between the outright purchase and the subsequent maintenance versus the leasing and then the protections of the leasing agreements, it is just fiscally far more prudent to lease the equipment. This is very expensive. . . MS. EGAN: It is a wash. SUPERVISOR RUSSELL: No, I would say actually it is a benefit financially to lease. MS. EGAN: Okay. Good. Oh, on item 658, these grants for the Custer Insitute, wonderful. And I think we may be able to see Mars this month. Did anyone pick up on that? I think so. I don't know why we need to see Mars but we pay for these things. 652, you have meetings with the PBA, collective bargaining. Who sits in on that? SUPERVISOR RUSSELL: That would be myself, that would be the Town designated attorney representing the Town, which would be Mr. Zuckerman. John Cushman, the Police Chief and others, Town Board members. MS. EGAN: And the Chief and probably Captain Flatley. SUPERVISOR RUSSELL: No Captain Flatley but the Police Chief certainly. Neither one of them, by the way, are covered by the PBA contract. MS. EGAN: Oh, I see. They are separate. Well, that is a rough one. Now, again on 653, you have another resignation from the Human Resource Center and as I always say, I don't like to see those changes there. Page 3 August 8, 2006 Town of Southold Board Meeting Minutes SUPERVISOR RUSSELL: Well, Mr. Wilder actually left for personal reasons and I believe he has decided to move out of the community, which is a shame but he was a good man and certainly a valuable asset to the Town. MS. EGAN: Oh, okay. We wish him well then. Now, isn't 666 and 667 the same? SUPERVISOR RUSSELL: One is the acceptance of the bid for the generator and one is the execution of the purchase. MS. EGAN: Oh, okay. Now, again you are dealing with the CSEA again. On 668. SUPERVISOR RUSSELL: It seems like I am dealing with the CSEA every day. MS. EGAN: Hmmm? SUPERVISOR RUSSELL: It seems like I am dealing with the CSEA every day. MS. EGAN: Well, it didn't work out last time and there was a lot of hurt and a lot of resentment. SUPERVISOR RUSSELL: We have gone a long way to reconcile those issues and move forward. MS. EGAN: Well, I didn't quite understand 669, when they are talking about the police officers versus public safety dispatchers. I thought that you know, with your having appointed three new dispatchers that we were not using policemen as dispatchers any longer? SUPERVISOR RUSSELL: We are actually not, at this point. We are filling the ranks now with the PSD's but when we ran short we had to utilize the police officers. MS. EGAN: I know. SUPERVISOR RUSSELL: PSD's are typically covered under the CSEA contract. The police department is in their own union, PBA. So what we had to do was craft a memorandum of agreement between both unions and the town for the utilization. This is all more or less being passed retroactively. Most of these issues are already done and we have already moved forward on the staffing. MS. EGAN: So in other words, those police officers were paid at a scale of dispatchers or as policemen? SUPERVISOR RUSSELL: As policemen. MS. EGAN: Not (inaudible) Item 674. Can you briefly summarize what that is? Page 16. SUPERVISOR RUSSELL: This is to set a public hearing to extend what is known as the CPF or Community Preservation Fund, that is the 2 % transfer on real estate. To extend it to the year Page 4 August 8, 2006 Town of South old Board Meeting Minutes 2030. What we are doing now is we are setting up a public hearing for September 5th at 8:00 PM so that we can get public input on that initiative. MS. EGAN: Okay. Sounds good. Oh, what is this 675, about the phannaceutical in relation to the Human Resource Center? SUPERVISOR RUSSELL: That is an excellent question. I would have to get clarification from Karl'n McLaughlin. MS. EGAN: Naughty, naughty. ASSISTANT TOWN ATTORNEY CORCORAN: I believe that it is money provided by the County to the Town to help implement some of the County's programs on educating and providing phannacy information and advice to the Human Resource clientele. So it is a way to implement that transfer of money. SUPERVISOR RUSSELL: Thank you. MS. EGAN: So what you are saying is she is going to, you are going to give advice up there abo~t phannaceuticals? ASSISTANT TOWN ATTORNEY CORCORAN: Well, I think they do a lot ofphannaceutical assistance programs. I don't have the details of them, but they are essentially the county contracts with the towns to do the county's work on the county's behalf and this is a way to implement that. MS. EGAN: Oh, that is kind of very dangerous ground when you start giving advice on pharmaceuticals to anybody. They get the wrong advice, you could get sued. ASSISTANT TOWN ATTORNEY CORCORAN: Oh, well I don't think they are giving medical advice, they are giving.... MS. EGAN: They are giving phannaceutical advice and that is... JUSTICE EVANS: They are helping with the Medicare program and things. MS. EGAN: Excuse me? JUSTICE EVANS: They are helping them decide which Medicare program to go on and things like that. MS. EGAN: That isn't what it says here. You are talking about phannaceutical. JUSTICE EVANS: The prescription plans and things. Page 5 August 8, 2006 Town of South old Board Meeting Minutes MS. EGAN: Well, I think you ought to go very easy in that regard. Well, I think this was also, I think I spoke on this, 678, the flashing lights on page 21? Oh, and also we need flashing lights in front of Shady Lady, a traffic light there. That is ridiculous they haven't done that. Maybe they will put the rounder back there. Do you remember the rounder? It used to be where Porky's was. That worked good. Well, give somebody else a turn. Thank you. SUPERVISOR RUSSELL: Thank you. GLENN PAPISH: Glenn Papish is my name. I live in Mattituck, I have been paying taxes in MatHtuck since 1955. I had a building there, on the North Road. I want to know if there is any way, I live on Ole Jule Lane, for a long time, probably longer than these people have been born. How do you get to, out of there? There is only one way down. There is another road, Camp Mineola Road, that is supposed to be there, I will show it to you on the map, that goes all the way down to the bay. SUPERVISOR RUSSELL: Right. MR. P APISH: Does that, does the Town own it or what happens? SUPERVISOR RUSSELL: I don't believe the Town does. I thought the underlying fee ownership of that was with the Norris family? But I tell you what, what I would like to do is just stick to the agenda for now and then when we are done with this we will address issues of general concern. But generally the protocol for the meeting would be just to address the issues that we are going to act on and then subsequent to that, I will meet with you... MR. PAPISH: The only reason I am here, I happened to see you on television. Somebody has got you on TV. SUPERVISOR RUSSELL: Okay. MR. P APISH: That is the only reason I headed down here. SUPERVISOR RUSSELL: Okay. Let's take care of the agenda items and then we will take care of that issue as soon as we are done with this. Anybody else? DOMINIC MAUTARELLI: Domenic Mautarelli, President of Mattituck Chamber, I live in Cutchogue. John Bishop, Love Lane Group, about 677 is it? COUNCILMAN ROSS: 677. Yes, Dominic. MR. MAUT ARELLI: It says here that the approve provided that we provide a one million dollar certificate of insurance... SUPERVISOR RUSSELL: I just want to, we understand what you are going to say. What we are trying to do is we are going to hurry up and get the authorization for the road to be closed and Page 6 August 8, 2006 Town of Southold Board Meeting Minutes then work out those details in terms of how we are going to work together to cover those costs. I und{rstand the burden that would be placed on your organization but we wanted to hurry and get something passed tonight so we can authorize the road closure. And I talked to Dan about it. MR. MAUTARELLI: We can't get insurance if there is no event going, so how are we going to get insurance? SUPERVISOR RUSSELL: I am going to defer to Dan. COUNCILMAN ROSS: There has to be insurance, we have to find it in some way, whether the organization is going to pay for it or with respect to the movie night, that is one thing. . . MR. MAUTARELLI: Movie night we have insurance for, that is an event. But according to Roy Reeve, we can't get insurance if we don't have an event planned. So ifit is just a closing on Love Lane, what is the event? There is nothing going on, so, we can't get insurance even if we wan, to pay for it. SUPERVISOR RUSSELL: Just so you know, Dom, we knew about the financial obligations here and we are going to try to look into this and work out the details but we wanted to hurry up and pass something because I think your first date is coming up and we wouldn't have the opportunity to vote on anything unless we got to it tonight. But believe me, this is an issue where we are just going to vote on this and tell you, go out and take this for us, we want to work with you to resolve some of those other side issues that, on the advice of counsel, we need to take care of. UNIDENTIFIED: I wanted to, on behalf of the merchants of Love Lane, show my great appreciation for the Board's help, enthusiasm and willingness to discuss the details that are needed to be resolved to make Love Lane a better place for the community and I really appreciate everybody's help in that matter. I have one little issue I wanted to bring up, as a Dutchman. . .. MS. EGAN: (from audience) That is after the agenda, dear. We want to get through the agenda, you come later. UNIDENTIFIED: Every time when I come to Town Hall to address the Board, I see the Town seal where a Dutch ship goes out and an English ship comes in. As a Dutchman, I would request that at least once a year where a Dutch ship comes in and the English ship goes out. But that was beside the point. Thank you very much. SUPERVISOR RUSSELL: Thank you. We are going to get on with the business of the agenda. 2006-650 CATEGORY: DEPARTMENT: Audit Town Clerk Approve Audit August 8, 2006 Page 7 August 8, 2006 Town of Southold Board Meeting Minutes RESOLVED that the Town Board of the Town of South old hereby approves the audit dated AUl!.ust 8. 2006. .rVote Record -Resolution RES-201l6-'5O X~,~~y,~ N~~~Y Abstain Absent Iil Adopted Albert Krupski Jr. 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. I3Y~s Initiator Iil 0 0 0 Scott Russell Initiator Iil 0 0 . 0 2006-651 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Fishers Island Town Board Meeting on Wednesday, August 9, 2006 RESOLVED that the next Town Board Meeting of the Southold Town Board be held, Wednesday, August 9, 2006 at the Fishers Island School, Fishers Island, New York at 1:30 P. MoO -/ VoteRecord..:ResolutionRES-2006-6S1 Iil Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn Albert Krupski Jr. William P. Edwards Daniel C. Ross Thomas'if. \Vickham Louisa P. Evans Scott Russell ;_Y()_t~ L'y()_t_~_ Voter Seconder Initiator Voter Yes/Aye Iil Iil Iil Iil Iil Iil ~~!NllY o o o o o Abstain o o o 2006-652 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Next Town Board Meeting - Tuesday, August 22,2006 At 4:30 P.M. RESOLVED that the next Regular Town Board Meeting ofthe Southold Town Board be held, Tue~day, August 22, 2006 at the Southold Town Hall, Southold, New York at 4:30 P. MoO Page 8 August 8, 2006 Town of Southold Board Meeting Minutes ,/ Vole Record -Resolution ~2006-652 y~~~y~ ,N~/~llY", ,~,AIJ~~,aJJl Absent Ii'I Adopted J\lb,~ I<rupski Jr. Voto- Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'I 0 b 0 0 Defeated 'DWi'iej"C'."'Ross : Voter Ii'I 0 0 0 0 Tabled Thomas H. Wickham ~---Seconder Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii'I 0 0 0 , Ii'I 0 0 0 Scott Russell Voter 2006-603 Tabl~d 7/11/2006 7:30 PM CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Shawn Byrnes to the Position of a Custodial Worker lfor 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 August 9, 2006, at a rate of $32,279.05 per annum. .,.. Vote Record - Resolution REs..2000..60J Xesi,\ye ,:r-l,~~~Y, Abstain Absent Ii'I Adopted _ _~~~~,~p~~,iJ~. _ Initiator Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'I 0 0 0 0 Defeated Daniel C. Ross '''Yoler Ii'I 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'I 0 0 0 0 Withdrawn Louisa P. Evans "Seconder Ii'I 0 0 0 Scott Russell Voter Ii'I 0 0 0 2006-653 CATEGORY: DEPARTMENT: Budget Modification Police Dept Modify the 2006 General Fund Whole Town Budget - Bay Constables RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 General Fund Whole Town budl!:et as follows: From: A.3130.1.300.100 Seasonal Employees Regular Earnings $1235.00 To: A.3130.2.400.200 Boat Trailer $1235.00 Page 9 August 8, 2006 Town of South old Board Meeting Minutes -/ Vote Record. Resolution RES.2006-653 y~s( ~y~ ,~~fJ'\I'II:Y Abstain Absent iii Adopted Albert,KIupski,Jr. Voter iii 0 0 0 0 Adopted as Amended William P. Edwards Initiator iii 0 0 0 0 Defeated Daniel C. Ross , Seconder iii 0 0 0 0 Tabled Thomas H. Wickham Voter iii 0 0 o ... 0 Withdrawn Louisa P. Evans Voter iii 0 0 0 Scott Russell Voter iii 0 0 0 2006-654 CATEGORY: DEPARTMENT: Attend Seminar Police Dept Grant Permission to Police Officer William Brewer to Attend 2006 Annual State of New York Police Juveniles Officers Association Training Conference RESOLVED that the Town Board of the Town of Southold hereby l!rants permission to Police Officer William Brewer to the 2006 Annual Traininl! Conference of the State of New York Police Juvenile Officers Association. Inc.. in Rochester. NY commencinl! on Mondav. AUl!ust 21 throul!h Fridav. AUl!Ust 25. 2006. Travel to be by Town vehicle, All expenses for regi1tration, travel and lodging (if necessary) to be a legal charge to the 2006 Police Whole Town Budget (DARE training line - A3157 ,4,600,200), ". Vote Record - Resolution RES-2006-654 y~s(~y,~ ,~~~~)' Abstain Absent iii Adopted Al~~KIuP~k:i,J~~ Voter iii 0 b 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 Voter iii 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'! 0 0 0 Scott Russell 'Voter Ii'! 0 0 0 2006-655 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A, Russell to Execute the Traffic Signal Agreements Between the County of Suffolk and the Town of Southold RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Traffic Sil!nal Al!reements between the County of Suffolk and the Town of Southold for the installation and maintenance of traffic signals at CR 48, Middle Road @ Westphalia Road, Mattituck, subject to the approval of the Town Attorney, Page 10 August 8, 2006 Town of South old Board Meeting Minutes ;fVote Record ',.Resolutlon RES.2006.,.655 .... y~~~y-~ ~~~-~Y Abstain Absent .. Iiil Adopted A)bertKrupski k. Voter Iiil 0 0 0 0 Adopted as Amended William P. Edwards L_Yl:)~ Iiil 0 0 0 0 Defeated Daniel C. Ross . Voter Iiil 0 0 0 0 Tabled Thomas H. Wickham Seconder Iiil 0 0 0 0 Withdrawn Louisa P. Evans ---Initiator Iiil 0 0 0 Scott Russell Voter Iiil 0 0 0 2006-656 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreements for the Use of Facilities As Mass Care Shelters Between Local Boards of Education and the Town of Southold RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the A2reements for the use of facilities as mass care shelters between local Boards of Education and the Town of Southold regarding providing emergency preparedness services on behalf of individuals and families who are victims of disaster, subject to the approval of the Town Attorney. ;f Vote Record~Reso)utlOD RES.20()6.;.6S6 Yes/A,y.e ~~~"y Abstain Absent Iiil Adopted A,lbertKrupskjJr, ~Voier Iiil 0 0 0 0 Adopted as Amended William P. Edwards Voter Iiil 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Initiator Iiil b 0 0 0 Withdrawn Louisa P. Evans Seconder Iiil 0 0 0 Scott Russell Voter Iiil 0 . 0 0 2006-657 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Clerk Authorize and Direct Supervisor Scott A. Russell to Execute an Agreement with Canon Business Solutions - East Inc RESOLVED that the Town Board of the Town of South old hereby authorizes and directs Supervisor Scott A. Russell to execute an a2reement with Canon Business Solutions - East Inc. in connection with the lease of one (1) Canon IR 5070 copy machine for use by the Justice Court at a monthly cost of$367.89 for a period of sixty (60) months from the date of installation, all in accordance with the approval of the Town Attorney. Page 11 August 8, 2006 Town of Southold Board Meeting Minutes '" Vote Record . ResohdIoDRE8-20lJ6..657 Yes/Aye NolNay Abstain Absent It! Adopted ./\lbert.KrupskiJr. ""'InitIator It! 0 0 0 0 Adopted as Amended William P. Edwards Seconder It! 0 0 0 0 Defeated Daniel C. Ross . Voter It! 0 0 0 0 Tabled Thomas H. Wickham Voter It! 0 0 0 0 Withdmwn 'i.oui~la"P':'Evans'~ Voter Ii'l 0 0 0 Scott Russell Voter It! 0 0 0 2006-658 CATEGORY: DEPARTMENT: Grants Town Clerk Rescind Resolution No. 2006-596, Adopted At the July 11, 2006 Regular Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution no. 2006-596. adopted at the Julv 11. 2006 rel!ular Town Board meetinl!. which read as foUows: 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 fmding 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; 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 County to receive funding on behalf of Custer Institute and Observatory. Page 12 August 8, 2006 Town of Southold Board Meeting Minutes ....VotCRecord- ResolutionREs.;20~ Yes/Aye NolNllY , Abstain Absent ItI Adopted ~l~~~ps~ Jr. Voter ItI 0 0 0 0 Adopted as Amended William P. Edwards Initiator i<I 0 0 0 0 Defeated Daniel C. Ross Voter ItI 0 0 0 0 Tabled Thomas H. Wickham L~~()1'l:~~ ItI 0 0 0 0 Withdrawn Louisa P. Evans Voter ItI 0 0 0 Scott Russell Voter ItI 0 0 0 2006-659 CATEGORY: DEPARTMENT: Grants Town Clerk Authorize and Direct Supervisor Scott Russell to Enter Into a Contract with the Suffolk County to Receive Funding on Behalf of North Fork Chamber of Commerce for the Custer Institute and Observatory. 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, North Fork Chamber of Commerce is applying for funding under the Downtown Revitalization Round VI grant; NOW THEREFOR RESOLVED that the Southold Town Board supports the application of North Fork Chamber of Commerce and will serve as the conduit for the funds for the capital improvement project to repair and preserve one of Long Island's oldest preeminent attractions, The Custer Institute and Observatory in Southold, and; FURTHER RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott Russell to enter into a contract with the Suffolk County to receive funoin!!. on behalf of North Fork Chamber of Commerce for the Custer Institute and Observatorv. Page 13 August 8, 2006 Town of South old Board Meeting Minutes ~ Vote R<<ord -Resoluti.nllES-Z006-659 Yes/Aye Ni)/NIIY Abstain Absent 0 Adopted ^ ^~}~}~~p~~!r. Seconder 0 0 0 0 0 Adopted as Amended William P. Edwards Voter iii 0 0 0 0 Defeated Daniel C. Ross L_~i#~j9_~ 0 0 0 0 0 Tabled Thomas H. Wickham L,Y9!l?: 0 0 0 0 0 Withdrawn Louisa P. Evans Voter iii 0 0 0 Scott Russell Voter 0 0 0 0 2006-660 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Recreation Authorize and Direct Supervisor Scott A. Russell to Execute an Agreement with the Following Individuals or Businesses for the Fall 2006 Recreation Programs RESOLVED that the Town Board of the Town of Southold authorize and direct Supervisor Scott A. Russell to execute an al!l'eement with the followine individuals or businesses for the fall 2006 recreation prOl!l'ams, all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the recreation department's 2006 instructor line A 7020.4.500.420. Martine Abitbol (French Cooking)...................................................$25/hour Antoinette Beck-Witt (drawing class).............................................. $25/hour Sara Bloom (memoir writing)...........................................................$25/hour Thomas Boucher (guitar)................................................................. $30/hour Mark Braziller (golf lessons). ............................................ $85/person Eugenia Cherouski (folk dancing)................................................... $25/hour Country Time Cycle (Bike Repair).. ............... ........ ....... ...... $25/hour Paula Croteau (baking classes)........................................... $25/hour Shirley Darling (tennis)................................................................... $30/class Nancy Deegan (music appreciation). ............. ........ ....... ...... ..$25/hour Jackie DeLuca (Genealogy program). ............. ........ ......... .... .$25/hour Jo Drago (Italian cooking)................................................ $25/hour Martha Eagle (Aerobics).................................................................. $30/hour East End Insurance Services (Defensive Driving)............................$30/person William Fish (golflessons)............................... ................ $85/person Mike Furst (beginner computer).......................................................$25/hour Dan Gebbia (dog obedience).......................................................... $55/dog Carol Giordano (Baton)................................................................... $25/class Russ L'HommeDieu (weight loss).............. ..... ......... ........... $25/hour Rosemary Martilotta (hatha yoga)....................................... $55/class Judy McCleery (Digital Photography).................................. $25/hour Darren Mignone (Model Rocketry).. ........ ............ ......... ....... $25/hour Theresa Pressler (youth programs)................................................ $25/hour Page 14 August 8, 2006 Town of Southold Board Meeting Minutes Riverside Gymnastics (youth gymnastics)..................................... $60/person Laurie Short (aerobics classes)......................................................... $25/bour Steve Smith (weight training). ... ... ......... ...... ...... ........ ... ......... ........ ... $25/bour Touch Dancing Studios (ballroom)...................................................$48/person US Coast Guard Auxiliary Flotilla 18-8 (GPS).............................. $35/person .I Vote Record -ResolutioDREs..200600660 y ~s(t\Y~ ..^}~I'~~.IlY Abstain Absent ""AI6"eri"Krupski Jr. . tf Ii'! Adopted Voter Ii'! 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. fI,:",~ickl1lU11 Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans 1.'. "IIiit'iator Ii'! 0 0 0 "s'cott Russell Voter Ii'! 0 0 0 . 2006-661 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney LI Wine Council License Agreement RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the License Al!reement between the Town of Southold and The Lonl! Island Wine Council for the use of office space at Inlet Pond Park for a period of one year with an automatic renewal for a successive one year period, subject to the approval of the Town Attorney. ,( Vo:eReeord -ResolutionRES-2006-661 . Y~~t\),~ ~C),(N~y Abstain Absent . Ii'! Adopted Albert KrupskiJr. 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: W'ickham c''ililiIator Ii'! 0 0 0 0 Withdrawn LOuisa P:E~ans Seconder Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-662 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Accounting RatifY and Approve the Terms and Conditions of the Tentative Agreement with the Southold Town PDA Dated July 18, 2006 Page 15 August 8, 2006 Town of South old Board Meeting Minntes RESOLVED that the Town Board of the Town of South old hereby ratifies and approves the terms and conditions of the tentative al!.reement with the Southold Town PBA dated Julv 18. 2006 and be further RESOLVED that Supervisor Scott Russell is hereby authorized and directed to execute a successor Collective Barl!.aininl!. Al!.reement with PBA subject to the approval of the Town Attorney. 0/ Vote Record - ResollltionJmS-:2006..662 Y.~~AY~ N~~IlY Abstain Absent Iil Adopted Albert KrupskiE Initiator Iil 0 0 0 0 Adopted as Amended William P. Edwards " Seconder Iil 0 0 0 0 Defeated DaniefC', 'Ro'ss"'" T_-Y~t~ Iil 0 0 0 0 Tabled Thomasnfi.--wickbaiJi Voter Ii'l 0 0 0 0 Withdrawn Louisa P. Evans LYtJ_t_~ Iil 0 0 0 Scott Russell Voter Iil 0 0 0 2006-663 CATEGORY: DEP4RTMENT: RetirementJResignation Human Resource Center Accept the Resignation of Donald Wilder From the Position of Part Time Mini Bus Driver RESOLVED that the Town Board of the Town of Southold hereby accepts the resimation of Donald Wilder from the position of part time mini bus driver for the Department of Human Services, effective August 4th, 2006. -/ VoteReoord-Resolution RE8-Z006.;()63 Yes/Aye N~_~IlY, Abstain Absent Iil Adopted _Al~it"~p~:~~,!r. Seconder Iil 0 0 0 0 Adopted as Amended William P. Edwards Initiator Iil 0 0 0 0 Defeated Daniel C. Ross Voter Iil 0 0 0 0 Tabled Thomas H. Wickh'affi' Voter Iil 0 0 0 0 Withdmwn Iouis"a P. Evan'S: "~Voter Ii'l D 0 ~ Scott Russell Voter Iil 0 0 , 2006-664 CATEGORY: DEP4RTMENT: Budget Modification Human Resource Center 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 budl!.et as follows: Page 16 August 8, 2006 Town of Southold Board Meeting Minutes From: Appropriations A.6772.1.200100 Programs for the Aging Part Time Eamings $ 3,500.00 To: Appropriations A. 1 620.4.400. 1 00 Building Maintenance and Repairs $ 3,500.00 (Installation of Awning at Katinka House) .I Vote Record w ResolutionRES-2006--664 Ii'! Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn 2006-665 CATEGORY: DEPARTMENT: _J\l~~,,~p~~}~:_ William P. Edwards Di1.nielC-:"Ross Thomas H. Wickham Louisa P. Evans Scott Russell Employment - Town Police Dept Voter c-Seconder Initiator Voter Voter Voter X~Aye Ii'! Ii'! Ii'! Ii'! Ii'! Ii'! N()/Nay o o o o o o Abstain : Absent o 0 o 0 o 0 o 0 o 0 o 0 Appoint Frederick D. Bell to the Position of School Crossing Guard At Pike Street and Wickham Avenue. Mattituck RESOLVED that the Town Board of the Town of South old hereby appoints Frederick D. Bell to the position of School Crossin!! Guard for the Police Department at the Pike Street and Wickham Avenue traffic post, effective September 5, 2006, at a rate of $41.89 per day. .I Vote Record - ResolutionRESo2006-66S Ii'! o o o o Adopted Adopted as Amended Defeated Tabled Withdrawn J\l~~,~P~~~~, William P. Edwards I::>WiielC.Ross Thomas H. Wickham L;UisaP:Evans Scott Russell "'ioler Voter Voter ::.,,$'~:~~4~ lInitiator Voter yes/Aye Ii'! Ii'! Ii'! Ii'! Ii'! Ii'! ~o[Nay o o o o o o Abstain o o o o o o Absent o o o o o o 2006-666 CATEGORY: DEPARTMENT: Bid Acceptance Public Works Accept the Bid of GT Power Systems, PO Box 402, Wainscott, NY 11975 to Supply the Town with Emergency Generator Systems Page 17 August 8, 2006 Town of South old Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of GT Power Systems. PO Box 402. Wainscott. NY 11975 to supply the town with Emerl!ency Generator Systems for the Southold Town Hall. Hh~hway Department. Police Department and Katinka House, in the amount of $152,861, all in accordance with the plans and specification prepared by James Richter, RA, Office of the Town Engineer and the approval of the Town Attorney's office.. -/ Vote Record . Resolution RES.~ YesiA,ye NOlNay , Abstain Absent Ii'I Adopted 'AibertKrUpskfJ;. Voter Ii'I 0 tJ 0 0 Adopted as Amended William P. Edwards Voter iil 0 0 0 0 Defeated Daniel C. Ross Seconder Ii'I 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'I 0 0 0 Scott Russell Voter iil . tJ 0 0 2006-667 CATEGORY: DEPARTMENT: Bid Acceptance Public Works Authorize and Direct Supervisor Scott A. Russell to Execute an Agreement with GT Power Systems RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Al!reement with GT Power Systems in connection with the supply and installation of Emergency Generators in the amount of $152,861, as per the plan,) and specifications prepared by James Richter, RA, Office of the Town Engineer, subject to the approval of the Town Attorney. ./ Vote Record - ResolutiOn RES-2006-667 X~~^y~ N():tNl:lY Abstain Absent Ii'I Adopted Alber1:.~ps.~Jr~ o--hiiiiaior 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 Voter Ii'I 0 0 0 Scott Russell Voter Ii'I 0 0 0 2006-668 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Memorandum of Agreement Payroll Deduction Page 18 August 8, 2006 Town of Southold Board Meeting Minutes 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 AUl!ust 4. 2006, relating to payroll deduction. <I" Vote Record - Resolution RES-2006-668 X~sjIt.Y~ N4Ji(NII:Y Abstain Absent It! Adopted Albert Krupski Jr. Seconder It! 0 0 0 0 Adopted as Amended William P. Edwards Initiator It! 0 0 0 0 Defeated Daniel C. Ross Voter It! 0 0 0 0 Tabled Thomas' H.\Vickham Voter It! 0 0 0 0 Withdrawn Louisa P. Evans "Yoter It! 0 0 0 Scott Russell Voter It! 0 0 0 2006-669 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Memorandum of Agreement Officers As PSDs RESOLVED that the Town Board of the Town of South old hereby approves the Memorandum of Al!reement between the Town of Southold and the CSEA dated AUl!ust 4. 2006, relating to utilizing police officers as public safety dispatchers. -/ Vote Record - ResolutioD RES-20Q6..669 Yes/Aye N4Ji!NllY Abstain Absent It! Adopted Albert Krupski Jr. Voter It! 0 0 0 0 Adopted as Amended William P. Edwards Voter It! 0 0 0 0 Defeated Daniel C. Ross Initiator It! 0 0 0 0 Tabled Thomas H. Wickham Voter It! 0 0 0 0 Withdrawn Louisa P. Evans Seconder It! 0 0 0 Scott Russell Voter It! 0 0 0 2006-670 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Appoint Member to Housing Advisory Committee- Nancy Pester RESOLVED that the Town Board of the Town of South old hereby appoints Nancv Pester as a member of the Housinl! Advisory Committee. effective August 9, 2006 to fill the vacancy created by the resignation of Linda Clements, term to expire on March 31, 2007. Page 19 August 8, 2006 Town of Southold Board Meeting Minutes ./ VOle Reeord - Resolution RES-2006-670 It! o o o o Adopted Adopted as Amended Defeated Tabled Withdrawn ,AI~,~psldjr. 'William pO. Ed~'ardS Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Voter .. .~.. "'Seconder Voter Voter o---hiiti~tor Voter X~~y~_ ei ..... mei It! It! It! ei Nc:.!N~Y, o [j o o o o Abstain o o o o o o Absent o o o o o o 2006-671 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Southo/d Methodist and Presbyterian Churches to Use Town Roads for the Purpose of Holding the Annual CROP Walkfor Hunger RESOLVED that the Town Board of the Town of Southold hereby l!rants permission to the Southold Methodist and Presbyterian Churches to use the followinl! Town Roads for the purpose ofholdinl! the annual CROP Walk for Hunl!er on Sundav. October 22. 2006 from the hours of 12:00 noon to 4:00 pm: Wells Avenue. Oaklawn Avenue. Pine Neck Road. North Road to Bavview. North Bavview Road. Cedar Drive. Waterview Drive. Main !!!!n:iew Road, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town Southold as an additional insured and notify Capt. Flatley within ten (10) days to coordinate traffic control. .I Vote R<<ord.;. Resolution RES-200fi;.671 X~~_~y~ .~,~~~Y Abstain Absent It! Adopted Albert KropskiJr. 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:Wickh~ nniDitj'atoT ei 0 0 0 0 Withdrawn Louisa P. Evans L~l:(;,()_Il~~ It! 0 0 0 Scott Russell Voter It! 0 0 0 2006-672 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grants Permission to North Sideout Beach Volleyball to Park Vehicles of Participating Players and Observers, on Luthers Road From the Corner of Naugles Drive to the Mattituck Park District Parking Lot RESOLVED that the Town Board of the Town of South old hereby l!rants permission to North Sideout Beach V ollevball to park vehicles of participatinl! plavers and observers. on the Page 20 August 8, 2006 Town of South old Board Meeting Minutes east and west sides of Luthers Road from the comer of Nau!!les Drive to the Mattituck Park District parkin!! lot on Saturday, August 19, 2006 (rain date Sunday, August 20, 2006) from 7:00 A.M. to 7 P.M. for the purpose of holding an Beach Volleyball Tournament, and these vehides shall be exempt from Southold Town parking fees for that day. ... Vote Record -ResolutionRES-2006-4J72 , X_e.s{ ~y~ N~!Nl:lY Abstain Absent Ii'I Adopted . AlbertI(l1lpskiJr, i Initiator Ii'I 0 I 0 0 ['Seconder" ... 0 0 Adopted as Amended ",ill~~J) ~J:4war4~ Ii'I 0 0 0 Defeated Daniel C. Ross >"Yoic.'- 0 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Ii'I 0 0 . 0 Voter Scott Russell Voter Ii'I 0 0 0 2006-673 CATEGORY: DEPARTMENT: Litigation Town Attorney Direct the Removal And/Or Destruction of an Unnavigable Sailboat Owned by Fred Hasslinger of Mattituck RESOLVED that, pursuant to Section 32-33 of the Town Code of the Town of South old, having given prior written notice to the owner, the Town Board of the Town of South old hereby directs the removal and/or destruction of an unnavi!!able sailboat owned bv Fred Hasslin!!er of Mattituck, which sailboat is currently located in James Creek, Mattituck, and further directs that the costs of such removal, storage, sale or destruction shall be borne by the owner. tl'Vote Record - Resolution RES-2006-673 !if 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 'Seconder 'inItiator Voter Voter , Voter Voter ,YP:,s!~Ye, Ii'I Ii'I Ii'I Ii'I Ii'I Ii'I N~!Nl:lY o o o o o o Abstain o o o o o o Absent o o o o o o 2006-674 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Clerk Set September 5, 2006 At 8:00 Pm, Southold Town Hall As Time and Place for a Public Hearing on Community Preservation Fund Tax Page 21 August 8, 2006 Town of South old Board Meeting Minutes WHEREAS, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 8th day of August, 2006 a Local Law entitled "A Local Law in relation to extendinl! the eXDiration date of the two Dercent (2%) real estate transfer tax imDosed in connection with the Town Community Preservation Fund for ten vears until December 31. 2030" now, therefore, be it RESOLVED that the Town Board of the Town of South old will hold a Dublic hearinl! on the aforesaid Local Law at the Southold Town HalL 53095 Main Road. Southold, New York. on the 5th dav of SeDtember. 2006 at 8:00 D.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 extendinl! the eXDiration date ofthe two Dercent (2%) real estate transfer tax imDosed in connection with the Town Community Preservation Fund for ten vears until December 31. 2030" reads as follows: LOCAL LAW NO. 2006 A Local Law entitled, "A Local Law in relation to extending the expiration date of the two percent (2%) real estate transfer tax imposed in connection with the Town Community Preservation Fund for ten years until December 31, 2030". BE IT ENACTED by the Town Board of the Town of South old as follows: I. Legislative Findings. The Town Board hereby finds that in 1998 the New York State Legislature adopted Chapter 114 of the Laws of 1998 which authorized Towns in the Peconic Bay Region to establish Community Preservation Funds for the purpose of preserving land for open space, farmland preservation, historic preservation, and parks and recreation purposes. The revenue for said fund was to be derived from a two percent (2%) real estate transfer tax. Pursuant to Chapter 114 of the laws of 1998, said real estate transfer tax was to expire on December 31, 2010. The Town Board, by Local Law No. 39 of 1998, did implement the real estate transfer tax provisions of Chapter 114 of the Laws of 1998. Said Local Law was approved by electors of the Town in a mandatory referendum on November 3, 1998. Pursuant to the provisions of said Local Law, the Town Community Preservation Fund and the real estate transfer tax went into effect on April 1, 1999. Page 22 August 8, 2006 Town of Southold Board Meeting Minutes By Chapter 250 of the Laws of 2002, the State Legislature authorized the Towns in the Peconic Bay Region to extend the expiration date of the real estate transfer tax until December 31,2020, subject to mandatory referendum. The Town Board did enact Local law 49 of2002 which provided for such extension. The voters approved the local law at the general election held November 5,2002. The Town Community Preservation Fund has been an unparalleled success in protecting land for community preservation purposes. To date, the Community Preservation Funds in the Peconic Bay Region Towns have generated more than $375 million for community preservation. The result has been the acquisition of thousands of acres ofland for the public benefit. Authorization for the two percent (2%) real estate transfer tax will expire on December 31,2020. The State has enacted a Chapter of the Laws of2006, which authorizes the Towns to extend the expiration date of the tax until the end of the year 2030. The Southold Town Board finds that such an extension is critical to the continued success of the Town's community preservation goals. It is estimated that an additional ten (10) years of the program, at current rates of revenue generation will provide more than $900 million in additional revenue for the Peconic Bay Towns for land preservation. Further, by utilizing the Southold Town Community Preservation Fund program in conjunction with low interest borrowing and other conservation strategies, the Town would be enabled to buy more land now before it is lost to development and before values escalate further. The additional ten (10) years will provide the necessary revenue stream to fund such preservation strategies. This Local Law implements the ten (10) year extension. II. Extension of the Expiration Date of the Real Estate Transfer Tax. Section 17-40 of the Town Code of the Town of Southold is hereby amended as follows: gI7-40. Effective date; referendum requirement. This Article is subject to a mandatory referendum as set forth in g I 449-bb of Article 31- D of the Tax Law. This Article shall take effect on March I, 1999, after approval at the general election to be held on November 3, 1998, by the affirmative vote of a majority of the qualified electors of the Town of South old and filing with the Secretary of State; and provided further that the real estate transfer tax imposed by this Article shall expire and be deemed repealed as to any conveyance taking place after December 31, ~ 2030. III. Proposition. Pursuant to a Chapter of the Laws of2006, this Local Law is subject to mandatory referendum. Therefore, the following proposition shall be submitted to the electors of the Town at the general election to be held on November 7,2006: Page 23 August 8, 2006 Town of Southold Board Meeting Minutes "SHALL LOCAL LAW NO. OF 2006, ENTITLED' A LOCAL LAW IN RELATION TO EXTENDING THE EXPIRATION DATE OF THE TWO PERCENT (2%) REAL ESTATE TRANSFER TAX IMPOSED IN CONNECTION WITH THE TOWN COMMUNITY PRESERVATION FUND FOR TEN YEARS, UNTIL DECEMBER 31, 2030', BE APPROVED." IV. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. V. EFFECTIVE DATE This Local Law shall take effect after filing with the Secretary of State and after approval at the general election to be held on November 7, 2006 by the affirmative vote of the qualified electors of the Town upon the proposition set forth in Section 3 of this Local Law. -/ Vote Record -ResoludonRES-Z006--674 X~s.I~y~ Nl)fN~Y Abstain Absent It! Adopted Albert Kl'upskiJr. Voter It! 0 0 0 0 Adopted as Amended .w.im,~~~_~'-\'~ Voter It! 0 0 0 .'". 0 Defeated Daniel C, Ross Initiator It! 0 0 0 0 Tabled Thomas H. Wickham Seconder It! 0 0 0 0 Withdrnwn Louisa P. Evans Voter It! 0 0 0 Scott Russell Voter It! 0 0 0 2006-675 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Human Resource Center Authorize and Direct Supervisor Scott A. Russell to Execute the Agreement Between the Suffolk County Officefor the Aging and the Town of South old for the State Pharmaceutical Assistance Program (SPAP) RESOLVED that the Town Board of the Town of South old hereby authorizes and directs Supervisor Scott A. Russell to execute the Al!:reement between the Suffolk County Office for the Al!:inl!: and the Town of South old for the State Pharmaceutical Assistance Prol!:ram (SPAn I FMS No. SCS EXE 00000010087 for the term of April I, 2005 through September 30, 2006, in the amount not to exceed $24,600 (with $19,600 for the 10/1/05-9/30/06 budget period) all in accordance with the approval of the Town Attorney. Page 24 August 8, 2006 Town of South old Board Meeting Minutes ." VOle Reeord - Resolution ~20CJ6,.67S Ye>jAye . . .. . ,l":'ll:l/NilY, Abstain Absent Iil Adopted Albert Krupski Jr.. Voter Iil 0 0 0 0 Adopted as Amended William P. Edwards "Vot'(7 ~.. 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 2006-676 CATEGORY: DEPARTMENT: Budget Modification Solid Waste Management District Paviflg Budget Mod RESOLVED that the Town Board of the Town of South old hereby modifies the 2006 Solid Waste District bude:et as follows: From: MSW Removal [SR.8160.4.400.805] $ 82,500 To: Pavement [SR.8160.2.500.800] $ 82,500 '" Vote Record - Resolution RES.:Z006-676 Ye~~ye, ~()lNilY Abstain Absent Iil Adopted Alll_~~p~1ci)~~ 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 Initiator Iil 0 0 0 0 Withdrawn Louisa P. Evans Seconder Iil 0 0 0 Scott Russell Voter Iil 0 0 0 2006-677 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Mattituck Chamber of Commerce to Close Love Lane, Mattituck August 12, 19, & 26, 2006 RESOLVED that the Town Board of the Town of Southold hereby e:rants uermission to the Mattituck Chamber of Commerce to use Love Lane. Mattituck at the intersections of Pike Street and State Route 25 for the uuruose of Movie Nil!:ht on Saturday. Aue:ust 19. 2006 Page 25 August 8, 2006 Town of South old Board Meeting Minutes durin!! the hours of 4:00 PM to 12:00 AM (midni!!ht); and be it further RESOLVED that the Town Board of the Town of Southold authorizes the police closure of Love Lane. Mattituck at the intersections of Pike Street and State Route 25 for the purpose of makin!! Love Lane a pedestrian walkwav durin!! the hours of 6:00 PM to 12:00 AM (midnil!ht) on Saturdav. Au!!ust 12. and 26. 2006 provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured for all three (3) events and notify Capt. Flatley within ten (10) days of the approval of this resolution to coordinate traffic control. .t' Vote Record ~ResolutioD RE8-2006-677 y ~s!.~y~ NolNay Abstain Absent 1<1 Adopted AlbertKropskiir Initiator 1<1 0 0 0 0 Adopted as Amended ~Villi_~_P:_~,~,~_ Seconder 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 -'--'Vot'a: 1<1 ~ [] 0 0 Louisa P. Evans Scott Russell Voter 1<1 0 0 0 2006-678 CA1EGORY: DEPARTMENT: Contracts, Lease & Agreements Town Clerk Authorize and Direct that an Application be Submitted to the New York State Department oj Transportationjor a Department ojTransportation Work Permit RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs that an application be submitted to the New York State Department of Transportation for a Department of Transportation work permit relatin!! to the installation of a flashin!! beacon li!!ht on State Route 25 at the Greenport School. and authorizes the payment for such work through a $17,500.00 grant to be provided to the Town by the State of New York. ./VoteRecord.:. ResolutionREs;.2006-678 Ia 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 Initiator Voter --'Vota Seconder Voter y~~y~ 1<1 1<1 1<1 1<1 1<1 1<1 ,N~!N~y o o o o o o Abstain o o o o o o Absent o o o o o o 2006-679 CATEGORY: Employment - Town Page 26 August 8, 2006 Town of Southold Board Meeting Minutes DEPARTMENT: Town Clerk Assigns Damon Rallis the Duties of Accepting and Processing Miscellaneous Landmark Preservation Applications RESOLVED that the Town Board ofthe Town of Southold hereby assilms Damon P. Rallis the duties of acceptinl! and processinl! various Landmark Preservation applications for the Landmark Preservation Commission, effective July 1,2006, with a stipend of $5,000.00 per annum, said amount shall be a legal charge to the Landmark Preservation Commissions budget, A. 7520.1.200.100. ./.Vo1eRecord~ResolutioD RES-2006-679 11'1 o o o o Adopted Adopted as Amended Defeated Tabled Withdrawn 2006-680 CATEGORY: DEPARTMENT: Albert Krupski Jr. William P. Edwards Dan'iefc:'^Ro'ss' .~... Thomas H. Wickham Louisa P. Evans Scott Russell Seqra Town Clerk Voter VOler Initiator Voter r-Seconder "Voier Y~fI!Jt.:'I~ 11'1 11'1 . . Ii1 11'1 11'1 11'1 J'l\1()_J:N",:y, o o o o o o Abstain o o o o o o Absent o o o o o o Find that the Adoption of the Local Law Entitled "A Local Law In Relation to Amendments to Chapter 280" is Classified As a Type II Action Pursuant to SEQRA Rules and Regulations RESOL YED that the Town Board of the Town of Southold hereby finds that the adoption of the local law entitled" A Local Law in relation to amendments to Chapter 280" is classified as a Tvoe II Action pursuant to SEORA Rules and Rel!ulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. .t. Vote Record - ResolutiooRES..2006-680 11'1 Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn 2006-681 CATEGORY: DEPARTMENT: ,Al~,~p~~}~: Vlill~.am p~ Ed\Vl1:t:~ Daniel C. Ross ~oIl1ClSJ:I:_ V/!t:kham Louisa P. Evans Scott Russell Enact Local Law Town Clerk r'Voter 'Seconder Voter : Voter Initiator VOler Yes/Aye 11'1 11'1 III 11'1 11'1 11'1 ~()~,~,y o o o o o o Abstain o o o o o Absent o o o o o Page 27 August 8, 2006 Town of South old Board Meeting Minutes Enact a Loca/ Law In Rea/tion to Chapter 280 WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the II th day of July, 2006 a Local Law entitled "A Local Law in relation to Amendments to Chapter 280" and WHEREAS the Town Board of the Town of South old held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it WHEREAS, the proposed action has been reviewed pursuant to Chapter 95 of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has determined that this action is consistent with the L WRP; now therefore be it RESOLVED that the Town Board of the Town of Southold hereby enacts the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280" reads as follows: LOCAL LAW NO. 12 of 2006 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280". BE IT ENACTED by the Town Board of the Town of South old 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 of the 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 S11ing, excavating or tree removal associated therewith, without first having obtained anv appropriate approvals or permits where relluired. site plan appreval. Weeding, gardening, mowing and the selective pruning of vegetation or selective cutting of diseased or dead trees shall not be included herein. Any landewner fouad guilty of vielating person in violation of this section shall be fined \Il'l te subiect to a fine not to exceed $5.000. gite plall lIflpre'ial shall he withheld \Intil aIla unless a plaat resteratien plall fer that site is appreved hy the Planning Beard. Page 28 August 8, 2006 Town of Southold Board Meeting Minutes g 280-110. Open storage. No unenclosed debris. vehicles. vehicle parts or refuse mav be kept on propertv in a residential district stenOlge, except parking sf 8peFallle passenger yemeles eapallle efpassing inSfleetieB registered motor vehicles ef', recreation vehicles, ef' boats and commercial vehicles as set forth in g280-78, and except where located in an agricultural district and kept in connection with bonafide agricultural operations. shalllle pemHtted in a residential distriet. &280-111. Prohibited uses in all districts. 1. Encumbrances to public roads. (I) No person shall intentionallv discharge or cause to be discharged anv water of anv kind onto a public highwav. roadwav. 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 anv kind. except the lawful parking of registered vehicles. upon a public highwav. roadway. right of way or sidewalk that unreasonably interferes with the public's use of the public highwav. roadway. right of way 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. ~ VoteReeord..;Resolution RES,.20~1 _X~~!>:'l~_ ~~~!,y Abstain Absent 0 Adopted AI_~_~p~Jci!~~ '--T"Y~i~ Ii! 0 0 0 Ii! Adopted as Amended William P. Edwards Voter Ii! . 0 0 0 0 Defeated Daniel C. Ross Voter Ii! 0 0 0 0 Tabled 'Thomaslf\Vickham . -fuitiirtOr' HH' i;>[ 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii! 0 0 0 Scott Russell Voter Ii! 0 0 0 2006-682 CATEGORY: DEPARTMENT: Seqra Land Preservation Page 29 August 8, 2006 Town of South old Board Meeting Minutes SEQRA J&C Holdings LP (Hurtado) WHEREAS, the Town Board of the Town of Southold wishes to purchase property owned by J & C Holdings LP (Hurtado) for open space purposes pursuant to the provisions of Chapter 185 (Open Space Preservation) of the Code of the Town of Southold. Said property is identified as SCTM #1000-57-1-43. The address is 450 Albacore Drive, Southold, New York, and is located on the southerly side of Albacore Drive approximately 320 feet from the intersection of Main Road (Route 25) and Albacore Drive in Southold in the R-40 zoning district. The proposed acquisition is for fee title and is approximately 0.48 acre (subject to survey); and WHEREAS, the property should be preserved due to its significant wetlands. The property is to be purchased for the purpose of the preservation of open space to allow for the natural drainage pattern to continue in this area; and WHEREAS, as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have detennined that sanitary flow credits will not be transferred from this property; now, therefore, be it RESOLVED by the Town Board of the Town of South old that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of the Town of South old hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. ./ VoteRecord~ ReSolutionRE8-2006;;082 iii Adopted o Adopted as Amended o Defeated o Tabled o Withdmwn A.Ib~~p,~~.~!... William P. Edwards DaDlel C. RO'ss' Thomas H. Wickham Louisa P. Evans Scott Russell Voter Voter 'Voter 'Seconder '-IfiiiIator Voter Y~AY~ iii iii iii iii iii iii ,l'I',~,IN":Y_ o o o o o o Abstain o o o o o o Absent o o o o o o 2006-683 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Land Preservation Page 30 August 8, 2006 Town of Southold Board Meeting Minutes J&C Holdings (Hurtado) Elect to Purchase WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of the property owned by J & C Holdings LP (Hurtado) on this 8th day of August, 2006, pursuant to the provisions of Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-57-1-43 and 450 Albacore Drive, Southold, New York, and is located on the southerly side of Albacore Drive approximately 320 feet from the intersection of Main Road (Route 25) and Albacore Drive in Southold; and WHEREAS, the open space acquisition is for fee title ofthe entire approximately 0.48 acre (subject to survey) property and has been offered for sale to the Town of Southold below fair market value. The purchase price is $5,000.00 (five thousand dollars) plus acquisition costs. The property will be acquired using Town open space funding. The seller may claim a bargain sale; and WHEREAS, the subject property should be preserved due to its significant wetlands and for the purpose of preserving open space to allow for the natural drainage pattern to continue in this area; and WHEREAS, the purchase of this property is in conformance with the provisions of Chapter 185 (Op(:]l Space Preservation) of the Town Code of the Town of South old; and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has determined that this action is consistent with the LWRP; and WHEREAS, as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have determined that sanitary flow credits will not be transferred from this property; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the property; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase fee title to the subject property for the purpose of the preservation of open space to allow for the natural drainage pattern to continue in this area; now, therefore, be it RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby elects to purchase the property owned by J & C Holdings LP (Hurtado) for the purpose of the preservation of open space to allow for the natural drainage pattern to continue in this area. Said property is identified as Page 31 August 8, 2006 Town of South old Board Meeting Minutes SCTM #1000-57-1-43. The address is 450 Albacore Drive, Southold, New York, and is located on the southerly side of Albacore Drive approximately 320 feet from the intersection of Main Road (Route 25) and Albacore Drive in Southold in the R-40 zoning district. The proposed acquisition for fee title is approximately 0.48 acre (subject to survey) and has been offered for sale to the Town of Southold below fair market value. The purchase price for this open space acquisition is $5,000.00 (five thousand dollars) plus acquisition costs. The seller may claim a barglin sale. Town funding for this purchase is in conformance with the provisions of Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has determined that this action is consistent with the L WRP. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of South old, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have determined that sanitary flow credits will not be transferred from this property. -/ Vote Reeord ~ Resolution RES.20~3 1<1 Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn -. Albert Krupski Jr. William P. Edwards "oRniel C. Ros~ Thomas H. Wickham Louisa P. Evans Scott Russell jSec,on~~ Voter Voter Initiator : Voter : Voter Y~s/AY~ 1<1 Hiij iij 1<1 1<1 1<1 ~l:)!N,IlY o o o o o o Abstain o o o o o o Absent o o o o o o 37. Statement SUPERVISOR RUSSELL: Okay, that concludes the business that is on the agenda. Now I would offer the opportunity to the public to address this Town Board on any issue of mutual interest. Mrs. Egan. MS. EGAN: Joan Egan again. I know others want to speak, so I will try to be brief. I think I had left a message at your office about a situation at the Town Beach in regard to the lifeguards. Do you remember that message? SUPERVISOR RUSSELL: Yes. MS. EGAN: And in other words, to the best of my knowledge, the lifeguard himself doesn't get a break for lunch and that is wrong. There should be some relief there or something should be done and again, I would ask parents to see that they or guardians or whoever bringing people who need extra care to the Town Beach, that they take care of them themselves. The attendants do what they can but they can't run all over the parking lot with, for little children who have run away from the beach or the cars. So that is for the parents and again, please, please people, stop usin~ your cell phones when you are driving. It is causing so many accidents. Oh, what is the update on channel 22. SUPERVISOR RUSSELL: Actually, the Town Board had decided to allow on the specific issue of the request by Assemblyman Alessi, the majority of the Town Board had allowed him to Page 32 August 8, 2006 Town of South old Board Meeting Minutes submit his tape to be broadcast from channel 22. I presume he is doing that, sending it to our technical coordinator, who will be handling that. COUNCILMAN ROSS: Basically, Mrs. Egan, what was decided was our elected county, state and -.'"ederal officials will have access to 22, so they can communicate with their constituents. MS. EGAN: That is good then. SUPERVISOR RUSSELL: What I would like to do, is down the road, I have a very full plate right now, I haven't gotten to it. I have a lot of ongoing issues with Cablevision regarding franchise agreement etc., I would like to maybe down the road consider reconvening the Cablevision Committee, like we had in the old days, and then address that issue so we can come up with a comprehensive policy that is fair all the way around. The Suffolk Times, I think, did a very succinct job addressing this issue the last week, with the difficulty-you don't want to favor one candidate over another-at the same time public officials have a fundamental obligation to let the public know what they are doing. MS. EGAN: You know who would be wonderful on you Committee? Zabby. COUNCILMAN ROSS: It is unfortunate that the Suffolk Times didn't get the decision right. Mrs. Egan. It is unfortunate that the Suffolk Times did not understand the decision that was made. And the decision did not relate to any particular person. It was simply to give our elected officials the opportunity and the medium to communicate with their constituents. So the blue screen that you see 95 % of the time will have information on it. MS. EGAN: Sounds like a good idea to me. SUPERVISOR RUSSELL: On behalf of the entire Town Board, the discussion was amicable and I think everybody is just trying to be as fair as we can be. And trying, at the same time, let the public have access to all the information they are entitled to. MS. EGAN: Good. Now, since I am sure everybody is aware of the fact about the corrosion of the lines up there in Alaska and that the, our oil supply, so we up here looking into filling our oil tanks before the prices go up? Anybody? Huh? I know I called my oil company today. SUPERVISOR RUSSELL: We do it on a bid that we get ordered the first of the year so we are price protected from whatever happens in Alaska today. MS. EGAN: You are sure? SUPERVISOR RUSSELL: I am quite sure. MS. EGAN: Good. Thank you. Page 33 August 8, 2006 Town of South old Board Meeting Minutes SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any issue? (No response) Can I get a motion to close the meeting? VII. Public Hearin!!s 1. Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearin!!. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Daniel C. Ross, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell 2. Set August 8, 2006 At 8:00 P.M. At the Southold Town Hall, 53095 Main Road, 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 Amendments to Chapter 280" COMMENTS - Current Meeting: COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 11th day of July, 2006 a Local Law entitled "A Local Law in relation to Amendments to Chapter 280" AND NOTICE IS HEREBY FURTHER GIVEN 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 dav 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 of the Town of South old as follows: II. 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 of the Town of South old is hereby amended as follows: 9280-136. 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 any appropriate approvals or permits where reauired. site plllR &flPFll'iIH. Weeding, gardening, mowing and the selective pruning of vegetation or selective cutting of diseased or dead trees shall not be included herein. Any 11IRElewRer reHad guilty llhlelatiag person in violation of this section shall be fiaed 1lfl te subiect to a fine not to exceed $5.000. Site plaR appreval shall be '.vithheIElllfltil and Ultiess a pla.at restllrlHisa plan fer that site is &flpr-eveEl by full PIllfiftiag BearEl. Page 34 August 8, 2006 Town of South old Board Meeting Minutes g 280-110. ()Pen storage. No unenclosed debris. vehicles. vehicle parts or refuse mav be kept on propertv in a residential district stElrege, except flarkillg af aflerallle flasseager vehieles eaflaBle Elf flllllsillg illSfleetiElIl registered motor vehicles Elf, recreation vehicles, Elf boats and commercial vehicles as set forth in g280-78, and except where located in an agricultural district. shalllle fl<llmittea ill a resiaeRtial aistnet. &280-111. Prohibited uses in all districts. I. Encumbrances to public roads. (!) No person shall intentionallv discharge or cause to be discharged anv water of anv kind onto a public highwav. roadway. right of way 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 of way or sidewalk that unreasonably interferes with the public's use of the public highway. roadway. right of way or sidewalk. V. 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. VI. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided bylaw. COUNCILMAN WICKHAM: I have a notice here from Mark Terry, the Senior Environmental Planner and the LWRP coordinator. "The proposed action has been reviewed to Chapter 95, the Waterfront Consistency Review LWRP policy standards and based upon the information provided on this consistency assessment form, submitted to the department as well as the records available to me, it is my determination that this proposed action is consistent with the policy standards and therefore is consistent with the LWRP." From Thomas Isles and Andy Freiling, the Chief Planner of the Suffolk County Department of Planning, "Pursuant to sections of the Suffolk Administrative code, the above referenced application is not within the jurisdiction of the Suffolk County Planning Commission." I have a notice that it has appeared as a legal in the local newspaper, it has appeared out there on the Town Clerk's bulletin board and that is all the communications in the file. SUPERVISOR RUSSELL: Would anybody like to comment? Kathy. KATHY TOLE: Good evening, Kathy Tole, East Marion. I just have a few questions but one in particular. Has does this affect the situation such as we had this past winter where we had the winter rain storm and the only place for people to remove water from their dwellings was on to the public roadway? Page 35 August 8, 2006 Town of South old Board Meeting Minutes SUPERVISOR RUSSELL: The unfortunate aspect of that is, if you are creating a situation where it is going to pool and freeze, it is a public nuisance and we have no choice but to stop the property owner from doing that. I understand that the water volume, particularly in the wintertime when the ground is still frozen is very difficult to deal with but the public right-of- way that poses a public hazard is not the appropriate location for the water. MS. TOLE: Well, sometimes there is absolutely no other location for the water and perhaps it would be a public safety service to require that where there is no other place to remove the water to, that the people be required to notify the Highway Department so that they can put up the barriers or something else because you are dooming homeowners to sit in basements for a month, full basements for a month and that does not seem to serve the public interest in any way whatsoever because it affects their ability to heat, have electricity, everything else. It may be an unintended consequence or an intended consequence but it will put such an extreme burden where as simple barriers in the street might serve both purposes. COUNCILMAN WICKHAM: I think you have a good point and I think there is the possibility of people being ultimately found in violation of a law like this but I also think the Town has some latitude in how it enforces its laws and the example you gave, I just can't believe that this Town would prosecute people under those circumstances. MS. TOLE: Uncomfortable in that that is on the record that it is not the intention of this legislation. COUNCILMAN WICKHAM: That would certainly not be my intent... SUPERVISOR RUSSELL: I would hope that we would show better discretion than that. There are c.ircumstances where people have flooded basements who feel all of the freedom in the world to discharge that water on a public right-of-way, only to end up in someone else's basement or people discharging pools for the winter into the public right-of-way. So, again, no law is perfect but we needed to address it at least by stepping in the direction of approaching some measure of enforcement, of which right now there is none. MS. TOLE: Thank you. ASSISTANT TOWN ATTORNEY CORCORAN: It is directed at people who intentionally create a hazardous situation or are aware of it and told, please stop, this is creating a hazardous situation that we can't control, it is harming you neighbors and they continue to do it. So we do have a lot of discretion in when and where to enforce it. MS. TOLE: Thank you. Now, under another section, 280-110, open storage. I believe I understand what this is intended to address. Again but I think that there may have been some gaps or some unintended consequences that are quick fixes. Under the amendment, it seems to be possible for a junkyard or auto surplus yard etc. to be placed on agricultural land. The way that I read the agricultural exemption, it permits that and more in fact. Furthermore, if it isn't changed, it does appear to conflict somehow with Chapter 54, which governs junkyards. So, Page 36 August 8, 2006 Town of South old Board Meeting Minutes presenting the problem can offer two possible solutions, perhaps it would better serve the public if this amendment required that the agricultural owner or the agricultural tenant actually hold New York State title to the vehicles that are on their land. Or that unregistered vehicles be used for active farming in some way. Otherwise, there is a blanket exemption for storage of unregistered vehicles on agricultural land and I don't think that was intentional blanket exemption. Perhaps the agricultural land should not receive the wholesale exemption from debris collection, unless it is required in the course of agricultural activity and I think that is the intention of both, that it be connected to the agricultural activity and I think it would better serve the intention to state that, unless it is the intention to just wholesalely exempt them from storage of arlything on farmland. Could I hear any read of the intention on this? COUNCILMAN KRUPSKI: I think the intention was to protect some of the historic farmers out here. I think Tom would agree that during the course of your operation, which spans the gent'fations, you are accumulating a good deal of equipment that can generally be termed old and at times your, sometimes you can pick up different pieces of equipment from other farmers or other locations that can be used as parts to keep everything wired together and keep farming. And then those things have to get stored somewhere and they don't always title to them and sometimes they look like garbage but when you go to find, you try to find a part this big and it is going to cost you $150 and you are lucky to find it in Iowa or Texas or somewhere, you know, it is hmldy to have those things around to keep the operation in business. So, you know, what looks like junk could actually be very valuable in parts and you don't want to, I think you are going to hobble the agricultural industry if you can't keep equipment. . .. MS. TOLE: I understand that... COUNCILMAN KRUPSKI: That you are not currently using. MS. TOLE: ...problem, which would present other people, be presented by other people who might only be able to afford their 1986 Honda Accord and somebody gave them a spare Honda Accord and they know they are going to use the parts from that and they equally have a burden to bear. I don't think we hobble them, I think that what we are doing is absolute discretion and if you don't title them, they certainly should not be out in the public view. You have barns to put them in or barns to put them behind and maybe there should be some respect for the visual as well, for the population be it visitors or residents. And I think that giving a wholesale exemption because they might have an agricultural vehicle there that they need for some reason or another is giving excessive latitude that is subject to abuse. SUPERVISOR RUSSELL: I would say actually also, to agree with you actually. The use of the Ag district, there is also, I think there should probably be more precise wording as to the bona fide agricultural operation, located in an agricultural district because districts are fixed in time, whereas operations perhaps can come and go and being a participant in the ag district simply requires simply requires someone to electively enroll their land in the district, even if they don't have a bona fide operation. So, there probably should be some more precise wording but I think at the same time, Albert and Tom, where Albert certainly what he had said tonight, it is true that you need to give some latitude to ag operations, they are not always, they simply don't have the Page 37 August 8, 2006 Town of Southold Board Meeting Minutes time or the room to find, to shield every aspect of their operation from public view. They are an industry, so I think maybe if we can find more precise wording to respect the fact that they are an industry that needs that latitude and at the same time make sure that there aren't abuses, I would be inclined to hold this for more consideration. I don't know how the rest of the Board feels. COUNCILMAN WICKHAM: I would just like to respond. Most farming operations that I know of are large enough that the old equipment that they keep around is not really in public VIew. MS. TOLE: I would agree with you. COUNCILMAN WICKHAM: It is usually covered up with brush and vines, poison ivy, bushes.. . MS. TOLE: Or some are displayed and pleasantly displayed. I am not picking on anybody. COUNCILMAN WICKHAM: So consequently, I think from the point of view of visual impact, I think granting this agricultural exemption here is valid and appropriate. I don't think granting it will really impinge on how the North Fork looks like. And if does and people come to the Board at some future stage and say, look, this has really been terrible, the impact that this loophole has had, I think the Board should take another look at it. But until somebody can make that case, I think this is an appropriate exemption. MS. TOLE: So you feel that farmers should have permission to store as many derelict vehicles on their property that are owned by anybody. . . COUNCILMAN WICKHAM: No. Of their own operation. And not... MS. TOLE: That is what I am asking to be tightened up. Some connection to the operation. Not... COUNCILMAN WICKHAM: I am open, or previous operation. I mean, operation goes back some years. MS. TOLE: Something like that. COUNCILMAN WICKHAM: We don't want farms to become junkyards for other people and other operations. MS. TOLE: That is exactly my concern. COUNCILMAN WICKHAM: I think the Board probably would... COUNCILMAN EDWARDS: As I read it though, the change in language here doesn't really change the meaning, it only clarifies by instead of saying it won't be permitted in a residential Page 38 August 8, 2006 Town of South old Board Meeting Minutes district, it says it will only be pennitted in an agricultural district which really means essentially the same thing, just you notice what is crossed out versus the language which is added. It was always pennitted in an agricultural district, this is just a different way of saying the same thing. COUNCILMAN ROSS: The way the code reads, Kathy, is any vehicle that is capable of passing inspection is not considered a junked vehicle... MS. TOLE: I read the cross out. COUNCILMAN ROSS: And there are specific places in town that that is preventing the town from cleaning up. So that is the focus here. We are changing that so that and it is not agricultural districts that we are really worried about at this time but if one becomes a problem, let's pass this today so we can deal with the issues that are. . . MS. TOLE: Knowing it will allow a junkyard on an agricultural property because it permits, it specifically permits it. It doesn't exclude something else. It specifically exempts agricultural property from storage of 2,000 derelict vehicles. A simply fix and a later vote. That is just my opinion, we obviously disagree on that. SUPERVISOR RUSSELL: Yeah, I honestly don't know that in the next few weeks we are going to do the Town any harm by pulling this back and clarifying the wording and also tying the bona fide ag operation to afford them the protection without the underlying consequences of somebody who is not part of an ag, bona fide ag operation. Because as Tom pointed out, not every agricultural parcel is used for agricultural purposes either. ASSISTANT TOWN ATTORNEY CORCORAN: We can make the change right now. I can add a phrase on to the end of the law that says 'and kept in connection with bona fide agricultural operations' I don't think it changes the intent of the law. MS. TOLE: (inaudible) everybody's concern, I think. SUPERVISOR RUSSELL: Yeah, that is sufficient. Is that sufficient, Kathy? MS. TOLE: Oh, certainly. SUPERVISOR RUSSELL: And kept in and used in part of a bona fide agricultural operation. COUNCILMAN KRUPSKI: Right. SUPERVISOR RUSSELL: That is good, right? COUNCILMAN KRUPSKI: Absolutely. SUPERVISOR RUSSELL: Okay, we will go with that. Page 39 August 8, 2006 Town of South old Board Meeting Minutes MS. TOLE: Because that covers the exact thing that you brought up. COUNCILMAN KRUPSKI: Absolutely. MS. TOLE: Now, on the occasion that somebody has an unregistered vehicle and then pending receipt of new title and so forth, I would like to see perhaps a wait time, a 7 day, 14 day, something like that on the section where unregistered vehicles can't be on property. Think about that. ASSISTANT TOWN ATTORNEY CORCORAN: We always contact people who we are considering giving violations to and giving them a chance to. . .. MS. TOLE: Okay. Is there a penalty for unauthorized storage? And linking to that, I didn't see a clause in here that allows for debris or vehicles or all of these things that we want to keep off property to be removed by the Town and then billed off to the property owner. Is that supposed to be in here or is it covered by other Town code? Because without penalty. . . ASSISTANT TOWN ATTORNEY CORCORAN: Well, the penalty is the violation of Town code and they are subject to the penalties, the catch-all penalties of any other violation. There are monetary penalties. I think the first offense, I can't tell you off the top of my head but it is hundreds of dollars. SUPERVISOR RUSSELL: I will tell you, on that issue of penalties, we will hopefully in the near future, I have a code enforcement small working group that has been meeting regularly on how to address the issue of code enforcement and sooner or later, we are going to have to get to the issue of the monetary aspects because the current penalties aren't very, they are really not a disincentive because they are not that substantial and they are very difficult to assign. So, in the near future we are going to get into those issues of what is meaningful enforcement, what is a meaningful penalty on a myriad of code violations. MS. TOLE: Is there are separate code that allows for the removal of debris or vehicles or anything and have it billed off to the property owner, currently? SUPERVISOR RUSSELL: I believe we have that right at any time, provided we go through a due process and assign the cost to the owner. ASSISTANT TOWN ATTORNEY CORCORAN: I am not aware that there is a specific provision as to unregistered vehicles... MS. TOLE: No, I just meant as an enforcement, something that will allow this problem to be corrected in case somebody decides that they are just not going to do anything. That is all. Perhaps that can be knocked around. SUPERVISOR RUSSELL: That is a very good point. Page 40 August 8, 2006 Town of Southold Board Meeting Minutes ASSISTANT TOWN ATTORNEY CORCORAN: That is a good consideration. MS. TOLE: Anything with that, the ability to correct seems a problem. And then just one more point.. . SUPERVISOR RUSSELL: You are going after my 86 Honda, aren't you? I will move it to my backyard. MS. TOLE: The prohibited use in all districts. I am just concerned about things like roll-offs for construction. Should there be a reference to something like that for clarity? It says that you can't put anything on the street that is an obstruction and ..... ASSISTANT TOWN ATTORNEY CORCORAN: Well the clause that sort of qualifies that is 'that unreasonably interferes with the public's use of the public highway' so, ifit is a temporary means of doing business .... MS. TOLE: If I don't put it in the middle of the road, I will be okay. ASSISTANT TOWN ATTORNEY CORCORAN: We will be okay with that. MS. TOLE: Okay. Thank you. Thank you very much. SUPERVISOR RUSSELL: Thank you. Would anybody else like to comment? Mr. Wills? FRANK WILLS: Good evening, Frank Wills, Mattituck. On the clause 'no person shall undertake or carry out land clearing, including grading, clear-cutting and filling without first having obtained appropriate approval where permits are required' How does one know what the rules and regulations are? Basically I am referring, let's take an example, the property on Cox Neck Road, which about a year ago was oh, I would say 50 % wooded, the owner clear cut the whole thing, brought in six to eight foot offill and put a house on it. Now.... ASSISTANT TOWN ATTORNEY CORCORAN: Well, the set forth and the various provisions of the code, the Trustees code and the site plan code; the reason this change was made was to enable the Town to prosecute people who do clearing, you know, that violates any part of the Town code and not be able to say, well, I don't need site plan so you can't violate me under this proVISIOn. MR. WILLS: Or I didn't know. Or the other problem is, that if you are going to build a nice McMansion, $5,000 plus or minus, so what? But I have got my point, do you see what I am getting at? I think the fine should be much more than $5,000 or re-foresting-forced to do it. I mean, go down Cox Neck and look at that place. It is stripped clean. Now this was before any change in the law.t SUPERVISOR RUSSELL: Yealt. 1.... Page 41 August 8, 2006 Town of South old Board Meeting Minutes MR. WILLS: Maybe the law was in effect. But they... SUPERVISOR RUSSELL: I know that property and I have to agree with you on your sentiment but I am not sure that the Town really has a current policy that governs residential clearing. So this law, actually, is only meant to be, the fines for where we do have clearing issues, such as in the commercial sector, presumably waterfront issues but we don't generally govern the residential yard clearing. So that is what had happened there. MR. WILLS: My mistake. But my suggestion would be, we ought to think about putting it in. SUPERVISOR RUSSELL: That is a very good point. MR. WILLS: Thank you. COUNCILMAN WICKHAM: I would like to make that point that this sentence, no person shall undertake or carry out land clearing, including grading, clearing, cutting etc, without first having obtained appropriate permits, where required; this is really intended in the site plan context... SUPERVISOR RUSSELL: That is right. COUNCILMAN WICKHAM: But it doesn't say that. SUPERVISOR RUSSELL: What is says basically if you need permission, you should have gotten permission. ASSISTANT TOWN ATTORNEY CORCORAN: Originally it was limited, if you look at what was crossed out, it was limited to getting site plan approval. But there are circumstances, such as near the wetlands; where we have gone after people for clearing wholesale clearing, and they have made the argument or tried to make the argument unsuccessfully that while this is only in relation to site plan and we didn't need site plan approval so we can do whatever we want. Now, we have persevered against such arguments but we thought it would be prudent to make the change so that people couldn't make that argument in front of a judge in the future. COUNCILMAN WICKHAM: But this sentence, if you take it literally, says no person can ever undertake or carryout any of these things under any conditions, without first having obtained those approvals. ASSISTANT TOWN ATTORNEY CORCORAN: Well, it is only where the approvals are required. SUPERVISOR RUSSELL: Without getting any approvals, presumably as required. ASSISTANT TOWN ATTORNEY CORCORAN: And they are required in relation to wetlmds, in relation to site plans.... Page 42 August 8, 2006 Town of Southold Board Meeting Minutes SUPERVISOR RUSSELL: Conservation easements on open space, next to a homeowners associations, set-offs and things like that. ASSISTANT TOWN ATTORNEY CORCORAN: I think Scott is right that they are not necessarily required on single and separate residential buildings. SUPERVISOR RUSSELL: But it is an issue that we should visit in the near future, according to Mr. Wills and I happen to agree with you on that particular property. Would anybody else like to comment on this issue? (No response) Could I get a motion to close the hearing? JUSTICE EVANS: With the amendments as stated. SUPERVISOR RUSSELL: With the amendments as stated. RESULT: CLOSED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER: Daniel C. Ross, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell 3. Set Tuesday, August 8, 2006, At 8:05 P.M., Southold Town Hall, 53095 Main Road, Southold, New York As the Time and Place for a Public Hearing for the Purchase of Open Space on Property Owned by J & C Holdings LP (Hurtado COMMENTS - Current Meeting: COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby: sets Tuesdav. AUl!:ust 8. 2006. at 8:05 p.m.. Southold Town HaIL 53095 Main Road. Southold. New York as the time and place for a public hearinl!: for the purchase of open space on property owned bv J & C Holdinl!:s LP (Hurtado). Said property is identified as SCTM #1000-57-1-43. The address is 450 Albacore Drive, Southold, New York, and is located on the southerly side of Albacore Drive approximately 320 feet from the intersection of Main Road (Route 25) and Albacore Drive in Southold in the R-40 zoning district. The proposed acquisition is for fee title and is approximately 0.48 acre (subject to survey). The property has been offered for sale to the Town of Southold as open space. The purchase price is $5,000.00 (five thousand dollars). The property will be acquired using Town open space funding. The seller may claim a bargain sale. The property should be preserved due to its significant wetlands. The purchase of the acquisition is fo~ the preservation of open space to allow for the natural drainage pattem to continue in this area. As per Chapter I 17 (Transfer of Development Rights) of the Code of the Town of South old, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have determined that sanitary flow credits will not be transferred from this property. 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 Page 43 August 8, 2006 Town of Southold Board Meeting Minutes Rou,e 25, Southold, New York, and may be examined by any interested person during business hours. I have a certification here that the Town Clerk has posted this on her bulletin board outside here. It must have appeared as a legal in the newspaper and I have no further communications on it. SUPERVISOR RUSSELL: Would anybody like to comment on this hearing? Melissa? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi. Melissa Spiro, Land Preservation Coordinator. This is an atypical open space purchase in that it is a small parcel, really surrounded in a residential area. Not quite in our Pipes Cove focus area but it is on the outskirts of that. The Land Preservation Committee reviewed the property and decided that it is worthy of preservation at the $5,000 significantly below market value purchase price. There are drainage issues in this area and preservation of the property will eliminate additional drainage problems that were likely to occur as a result of construction of another residential dwelling. The Committee has an informal policy of recommending purchase of small parcels when they are offered at a price significantly below market value, such as this one was. Due to the fact that adjacent parcels have received building permits, this parcel is not being viewed as an un- buildable parcel. The map in front is a 2004 aerial and if you look closely at it, you can see there are vacant lots around or at least shown on the map, there are vacant lots around this parcel but they have all since 2004 received building permits. Due to the envisioned difficulties involved in obtaining permits and the fact that we are using bonded open space instead of Community Preservation funding for this purchase, I am recommending that the Town Board not transfer sanitary flow credits from this property. The purchase of this property contributes to density reduction in the Town and allows for the natural drainage pattern to continue in this area. Both the Committee and I support the purchase of this property under our open space program. Thanks. SUPERVISOR RUSSELL: Thank you, Melissa. Would anybody else like to come up and address the Town Board on this acquisition? COUNCILMAN KRUPSKI: I would just like to urge the Town Board, as a former Trustee I am familiar with this area, and just to echo what Melissa said, this would be an important acquisition for the Town as it is a difficult area as far as drainage in concerned and to allow this area to remain in its natural state is only going to help the community and the drainage patterns down there and the wetlands. So I would just like to urge the Town Board to approve this resolution. SUPERVISOR RUSSELL: Can I get a motion to close the hearing? RESULT: CLOSED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Daniel C. Ross, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell 8. Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: Page 44 , August 8, 2006 Town of South old Board Meeting Minutes RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:40 P.M. * * * * * ~al,qJ 0, 9,",4{ EI abeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Page 45