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HomeMy WebLinkAboutTB-08/22/2006 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 Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631)765.6145 Telephone: (631) 765.1800 southoldtown.northfork.net August 22, 2006 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesda Meeting Hall, Southold, NY. Supervisor Russell operiedthe meeting of Allegiance. to the Flag. Attendee Name ""..".," . ",^""",.""",,." "_"m'" AlbertI<11Jp~~iJr. William P. Edwards Daniel C. Ross "_.",,__~,,,,__._..._..___.,.__..""__"__"____ ,__".,"w Thomas H. Wickham Louisa P. Evans Scott Russell Elizabeth A Nevi Kieran Corcoran. . .. OJ;"gll,nization Town of So old . Town ofS . Town of Sou tho ~-~"""-"'---"---"---'_.""""'-"----'-~-"" · Town of South old : Town of South old ,"'ofSoutboid own of Southold own of South old 1. I. 2. Justice Evans July 2006 3. Justice Price July 2006 4. Board of Trustees July 2006 us Ice . Supervisor I"m-...----.---------.'.'..-..-..'.'.".'.'."''''''''. I Towllglerk ............ I Assistant Town Attome , 2006 at the PM with the Pledge L.~~Il~~...IArt1xe~ . Present I 4:30 PM I Present . 4:30 PM ........;.. ..................... : Present i 4:30 PM ..... .t.."....".. ..... i Present I 4:30 PM 1..,.,....,..,........"."",."""...,'1"""-"-"'--'- I Present I 4:30 PM 1" ...,... ._...._1.... i P . 4:30 PM :30 PM : Present, 4:30 PM '" Page I August 22, 2006 Town of South old Board Meeting Minutes 5. Animal Shelter July 2006 6. Animal Shelter June 2006 7. Program for the Disabled July 2006 II. Public Notices 1. Liquor (Wine & Beer) License Renewal Notification Patti B's, 50 Love Lane, Mattituck 2. Suffolk County Dept. of Planning Public Hearing 6:00 PM, Sept. 12,2006 a the Maxine Postal Legislative Auditorium in the Evans K. Griffing Building at 300 Center Drive, Riverhead, New York. Seeking input for public in helping the department discharge its duties and obligations. 3. Application for On-Premises Liquor License Rev Associates Inc. d/b/a! Antares Cafe, 2350 Manhasset Ave., Greenport III. Communications 1. NYS Town Clerk's Association Town Clerk Elizabeth Neville sworn in as District Director of Region #1 IV. Discussion 1. 9:011 A.M. Suffolk County Digital Aerial Photos John Sepenoski 2. 9:30 A.M. Covenants & Restrictions, Suffolk County Development Agreement Phillip Beltz & CDC 3. 10:00 A.M. Seeds Summary Report East End Transportation Council 4. Animal Shelter 5. 12:00 Noon - Lunch Page 2 August 22, 2006 Town of South old Board Meeting Minutes 6. 1:00 P.M. - Executive Session - Personnel Lori Montefusco 7. Improvements to Founders Landing & New Suffolk Boat Ramps Councilman Krupski 8. Formation of Cablevision Committee 9. Policies on Zone Change Applications Councilman Krupski 10. Lwrp Councilman Krupski II. Review Planning Board Comments Re: LI Zone 12. Hiring Policy - 2Nd Draft Councilman Ross 13. Drainage Code Councilman Krupski 14. Old Business, Status Updates Goose Creek Lane New Town Hall New Suffolk Questions 15. Chief Planner V. Resolutions 1. Statement SUPERVISOR RUSSELL: Welcome to the August 22 meeting of the Southold Town Board. Can everyone please rise and join me in the Pledge of Allegiance to the Flag? This is the opportunity for anyone who is in attendance to come and address the Town Board about any issue that appears on the agenda, anything that we are going to take action on this evening. Would anyone like to come up and address the Town Board? Mrs. Egan. JOAN EGAN: Good evening, Joan Egan. Good evening everybody up there and everybody sitting there. Here is my postcard. Well, here on the front page we have all of those Justice reports. What has happened to our Town, correct? (Inaudible) Okay? Repeating myself on the front page, you have about the Justice reports from the three judges and I hope you all look over those reports, not for the money but for what happened to our town. Item 693, Highway Page 3 August 22, 2006 Town of South old Board Meeting Minutes Department. Save a lot of money on the Highway Department and I think there is an item here about the receptacles for trash and it is a shame. You have had to take one away from the East Marion post office and I don't know about any of the others, people are putting their garbage in them and it is a mess. Hopefully, we will get ours back after Labor Day. It is really a shame but I hope they are taking good care of this equipment, it certainly is important. Oh, item 695, money for the Building and Grounds. Now, I have made a statement here before that your inground sprinkler system was watering the pavement out there. And actually, if you will notice you have water coming up there, you have (inaudible) just like when you have these water spots all over, you have water coming up right over there. I don't know if you can patch it but it doesn't matter, it is going to come right back up, the same as the one on Peconic Lane or on my property. Too much weight is putting on all of eastern Long Island, so I don't know what we can do about that. Oh, what is, oh, item 697. that is the flashing light in front of the Greenport school, which I think is great. What can we do about getting one up in front of Mattituck? SUPERVISOR RUSSELL: What area in Mattituck? By the high school? Right on the Main Road there. MS. EGAN: Yeah. SUPERVISOR RUSSELL: I would first, I would presume that were I to get a request from the Superintendent, I haven't gotten one. MS. EGAN: You have to receive the request from the Superintendent of the school? SUPERVISOR RUSSELL: Yes. They actually have, I think the cross walk isn't at that location, is it'! It is just a little bit down the road towards the church. COUNCILMAN KRUPSKI: There is a crossing guard there but a lot of people come out into the... MS. EGAN: Pardon? COUNCILMAN KRUPSKI: They have a crossing guard there when the kids come out. MS. EGAN: Oh, I know. They don't have a flashing light. And they really need it. And I was up in Mattituck.... SUPERVISOR RUSSELL: I will call the Superintendent. MS. EGAN: And I understand that the closing of Saturday night in Mattituck this time was very good, so cheers for us and for them. Oh, yeah, for 698, I already said about the trash receptacles. What is 699 about? Is your head falling off, Mr. Wickham? COUNCILMAN WICKHAM: I believe this is an issue of monies that have been made available from the United States government to help finance the Town's acquisition of (inaudible) to Page 4 August 22, 2006 Town of South old Board Meeting Minutes preserve open land and farmland in the amount of $356,000. MS. EGAN: We'll see. Now, I am always concerned about the town having too much property in their name. Always a promise that it will never be sold. (Inaudible) Item 700, how is that working out, that pump out (inaudible). SUPERVISOR RUSSELL: The Village has been very gracious to work with on helping us getting our goals, our environmental goals. They have signed an agreement with the Town to accept the waste that is received by the pump out boat and I have to say, everything so far, so good. MS. EGAN: Oh, good. COUNCILMAN KRUPSKI: I have received a couple of comments from local boaters who have used the service and are very pleased with it. MS. EGAN: Good. Now, actually item 702, is that a public hearing? SUPERVISOR RUSSELL: Yes. MS. EGAN: That will be a public hearing next Board meeting, right? SUPERVISOR RUSSELL: That is right. MS. EGAN: That is it for now, the rest is public hearing, correct? SUPERVISOR RUSSELL: We have a bid acceptance at 703. MS. EGAN: I really think that you should change companies (inaudible). SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? (No response) Hearing none, we will move on\ViththeIlleeting. 2006-688 CATEGORY: DEPARTMENT: Audit Town Clerk Approve Audit 8/22/06 RESOLVED that the Town Board of the Town of Southold hereby aDDroves the audit dated AUl!ust 22. 2006. Page 5 August 22, 2006 Town of Southold Board Meeting Minutes ,/. Vm:eRecord.;. Resolution RESo2006;.688 X~~A.y~ ,~~~ay Abstain Absent 6il Adopted AJbert Krupski J~. Voter 6il 0 0 0 0 Adopted as Amended William P. Edwards Voter 6il tJ 0 tJ 0 Defeated Daniel C. Ross "'Initiator 6il 0 0 0 0 Tabled Thomas H. Wickham L~~()llcl~ 6il 0 0 0 0 Withdrawn Louisa P. Evans Voter 6il 0 0 0 Scott Russell Voter 6il 0 0 0 2006-689 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Next Town Board Meeting on September 5, 2006 At 7:30 Pm. RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, September 5,2006 at the Southold Town Hall, Southold, New York at 7:30 P. Moo ,/ Vote Record - Resolution RES-2006-689 Yes/Aye :f\.'l~~_~y Abstain Absent 6il Adopted Albert Krupski Jr. Votet 6il 0 0 0 0 Adopted as Amended William P. Edwards Initiator 6il 0 0 0 0 Defeated Daniel C. Ross Voter 6il 0 0 0 0 Tabled Thomas H. Wickham Voter 6il 0 0 0 0 Withdrawn Louisa P. Evans Seconder 6il 0 0 0 Scott Russell Voter 6il 0 0 0 2006-690 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.3 130. 1.300.1 00 Regular Earnings $450.00 To: A.3l30.4.400.650 Vehicle Repairs & Service $450.00 Page 6 August 22, 2006 Town of South old Board Meeting Minutes ./ Vote Record ~ Resolutioll RES-2006-690 Y~~-~Y<<: N~1NllY_ Abstain Absent Ii! Adopted A_lb_ert~pski Jr. Seconder Ii! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii! 0 0 0 0 Defeated Daniel C. Ross ~-iniiiator Ii! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii! 0 0 0 Scott Russell Voter Ii! 0 0 0 2006-691 CATEGORY: DEPARTMENT: Employment - Town Police Dept Rescind Resolution No. 2006-665 Adopted At the August 8, 2006, Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby rescinds Resolution No. 2006-665 adopted at the Au\!ust 8. 2006 Town Board meetin\! appointin\! Frederick D. Bell to the positon 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. ./ Vote Record - Resolution RES-2006-691 Yes/Aye NolNay Abstain Absent Ii! Adopted AI~_eIt_lCrupslci_Jr~ Voter Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'I 0 0 0 0 Defeated Daniel C. Ross Voter Ii'I 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'I 0 0 0 Scott Russell Voter Ii'I 0 0 0 2006-692 CATEGORY: DEPARTMENT: Advertise Police Dept Advertise for School Crossing Guards - Police RESOLVED that the Town Board of the Town of South old hereby authorizes and directs the Town Clerk to advertise for School Crossin\! Guards for the Police Department at the Pike Street and Wickham A venue traffic post. Mattituck. at a rate of $41.89 per day. ./ Vote Record. Resolution RES-2006..()92 .Y<<:~AYe: N~!NllY Abstain Absent Ii'I Adopted Al~~}~~lIps~i}r. >hliiiatOr Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'I 0 0 0 0 Defeated Daniel C. Ross Voter Ii'I 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'I 0 0 0 Scott Russell Voter Ii! 0 0 0 Page 7 August 22, 2006 Town of South old Board Meeting Minutes 2006-693 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Grant Agreement Between the Town of Southold and the Federal Aviation Administration In the Sum of$88,350.00 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Grant Aereement between the Town of Southold and the Federal Aviation Administration in the sum of $88,350.00 in connection with Project No. 3-36-0029-12-06 for snow removal equipment and backhoe loader at Elizabeth Field Airport, Fishers Island, New York, subject to the approval of the Town Attorney. '" Vote Record - Resolution RES-2006-693 1<1 1<1 ,l'Il()fl'l~y o o o o o o Abstain o o o o o o Absent o o o o o o 1<1 Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn N~~ ~p~~}~. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Voter Voter Voter Seconder c'lrlitiator Voter YE!s!i\.ye 1<1 2006-694 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Grant Agreement Between the Town of Southold and the Federal Aviation Administration In the Sum of$80, 750.00 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Grant Aereement between the Town of Southold and the Federal Aviation Administration in the sum of $80,750.00 in connection with Project No. 3-36-0029-13-06 for airfield lighting for runways, etc. at Elizabeth Field Airport, Fishers Island, New York, subject to the approval of the Town Attorney. .,. Vote Record - Resolution RES-2006-694 Yes/Aye ,:N()Il'la.Y Abstain Absent 1<1 Adopted Albert Krupski Jr Voter 1<1 0 0 0 0 Adopted as Amended William P. Edwards Voter 1<1 0 0 0 0 Defeated Daniel C. Ross Voter 1<1 0 0 0 0 Tabled Thomas H. Wickham Initiator 1<1 0 0 0 0 Withdrawn Louisa P. Evans Seconder 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 Page 8 August 22, 2006 Town of Southold Board Meeting Minutes 2006-695 CATEGORY: DEPARTMENT: Budget Modification Town Clerk ModifY the 2006 Highway Fund, Part Town RESOLVED that the Town Board of the Town of South old hereby modifies the 2006 Hil!:hwav Fund. Part Town. as follows: To: DB.511 0.4.1 00.960 DB.5130.2.300.200 From: DB.5130.2.300.100 DB.5142.2.400.200 DB.5110.4.100.900 General Repairs Contractual Expense Supplies & Materials Drain Pipe/Rings/Covers $25,000.00 Machinery Equipment & Capital Outlay Motor Vehicles Heavy Duty Vehicles $34,748.50 Machinery Equipment & Capital Outlay Motor Vehicles Light Duty Vehicles $11 ,931.18 Snow Removal Equipment Industrial Equipment Snow Equipment $22,817.32 General Repairs Contractual Expense Supplies & Materials Resurfacing Projects $25,000.00 ./ Vote Record - Resolution RES-2006-69S Yes/Aye N()/Nay : Abstain Absent 0 Adopted Albert Krupski Jr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Seconder 0 0 0 0 0 Defeated Daniel C. Ross Initiator 0 0 0 0 0 Tabled Thomas H. Wickham Voter 0 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 0 Scott Russell Voter 0 0 0 0 Page 9 August 22, 2006 Town of Southold Board Meeting Minutes 2006-696 CATEGORY: DEPARTMENT: Budget Modification Supervisor ModifY the General Fund Whole Town 2006 Budget RE~OLVED that the Town Board of the Town of South old hereby modifies the General Fund Whole Town 2006 Bud2et as follows: To: A.I 01 004.1 00.1 00 From: A.1 01 004.1 00.200 Town Board Office Supplies $1050.00 Town Board Zoning Maps $1050.00 ./ Vote Record - Resolution RES-2006-696 Yes/Aye NolNay Abstain Absent 1<1 Adopted Albert Krupski Jr. Seconder 1<1 0 0 0 0 Adopted as Amended William P. Edwards Initiator 1<1 0 0 0 0 Defeated Daniel C. Ross Voter 1<1 0 0 0 0 Tabled Thomas H. Wickham Voter 1<1 0 0 0 0 Withdrawn Louisa P. Evans Voter 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2006-697 CATEGORY: DEPARTMENT: Budget Modification Accounting ModifY the 2006 General Fund Whole Town Budget - Roller Hockey Rink RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 General Fund Whole Town bud2et. as follows: To: A.162004o400.200 From: A.1440.1.200.100 Buildings & Grounds, C.E. Contracted Services Property Maintenance/Repairs $15,000 Engineer, P.S. Part Time Employees Regular Earnings $15,000 (to facilitate the needed repairs to the Roller Hockey rink located at Cochran Park, Peconic Lane, Peconic) Page 10 August 22, 2006 Town of South old Board Meeting Minutes -/ Vote Record -Resolution RES-20(t6.;697 Yes/Aye ~~fr"ll:lY Abstain Absent Iil Adopted Albert KrupskiJr "tDitiator Iil 0 0 0 0 Adopted as Amended William P. Edwards L\toter Iil 0 0 0 0 Defeated Daniel C. Ross : Voter Iil 0 0 0 0 Tabled Thomas H. Wickham Voter Iil 0 0 0 0 Withdrawn Louisa P. Evans Seconder Iil 0 0 0 Scott Russell Voter Iil 0 0 0 2006-698 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between the Town of Southold and the New York State Department of State 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 Town of Southold and the New York State Department of State regarding funding in the sum of $1 0,000.00 under Contract #TM51097 in connection with emergency special needs, subject to the approval of the Town Attorney. -/ Vote Record - Resolution RES-2006-698 Yes/Aye N()f1"ll:lY Abstain Absent Iil Adopted Albert Krupski Jr. Voter Iil 0 0 0 0 Adopted as Amended William P. Edwards 'Voter Iil 0 0 Defeated Daniel C. Ross Voter Iil 0 0 Tabled Thomas H. Wickham Seconder Iil 0 0 0 0 Withdrawn Louisa P. Evans Initiator Iil 0 0 Scott Russell Voter Iil 0 0 2006-699 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between the Town of Southold and the New York State Department of State 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 Town of Southold and the New York State Department of State regarding funding in the sum of$17,500.00 under Contract #M05l 096 in connection with the flashing traffic light for the Greenport School District, subject to the approval of the Town Attorney. Page 11 August 22, 2006 Town of Southold Board Meeting Minutes ./ Vote Record - Resolution RE8-2006-699 X~,s.lA)'e }\rlj)f?'lIiY Abstain Absent Ii'! Adopted ,^:I~~"l<!up~~i}~. 'Yoter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards ,Y(lt~ Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham ' "Initiator Ii'! 0 0 0 0 Withdrawn Louisa P.Evans Seconder Ii'! 0 0 0 Scott Russell Voter Ii'! , 0 0 0 2006-700 CATEGORY: DEPARTMENT: Budget Modification Public Works ModifY the 2006 General Fund, Whole Town Budget - Vehicle Maint & Repairs RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 General Fund Whole Town Budl!et as follows: From: A.1620.2.300.200 A.1620.2.500.950 Vehicles Hamlet Trash Receptacles $1,883.25 $ 760.00 To: A.1620.4.100.650 Vehicle Maintenance & Repairs $2,643.25 ./ Vote Record - Resolution RES-2006-700 YesfAY,~ }\rlflll'l,IlY Abstain Absent Ii'! Adopted AI):)~,~p~~.i}r. :",,~e(:,()~~~ Ii'! 0 0 0 0 Adopted as Amended William P. Edwards ,_Y()_Y~J" Ii! 0 0 0 , 0 Defeated Daniel C. Ross L~itia~()r Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii! 0 0 0 0 Withdrawn Louisa P. Evans Yoter ~ 0 0 0 Scott Russell Voter 0 0 0 2006-701 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Land Preservation Authorize and Direct Supervisor Scott A. Russell to Execute an Agreement Between the USDA-Natural Resources Conservation Service 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 Amendment No.2 to Contribution Al!reement No. 73-2C31-S-836 between the USDA-Natural Resources Conservation Service and the Town of Southold in connection with an existing Cooperative Agreement between the United States of Page 12 August 22, 2006 Town of Southold Board Meeting Minutes America Commodity Credit Corporation and the Town of South old, dated June 22, 2005. The execution of this amendment will amend Attachment A of said Cooperative Agreement to use $356,250 in financial support available to the Town of South old for the implementation of the Federal Farm and Ranch Lands Protection Program FY 2005 for the Badenchini Farm, all in accordance with the approval of the Town Attorney. The balance of funding available under this contract will be used for one or more of the remaining farm projects listed in said Cooperative Agreement. ./ Vole Record ~ Resolution RES-2006-701 yes/Aye NolNay Abstain Absent Ii'! Adopted Al~~~p~kiJr. Seconder Ii'! 0 0 0 0 Adopted as Amended William P. Edwards '''Initiator Ii'! 0 0 0 0 Defeated Daniel C. Ross "Yoter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-702 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between the Town of Southold and the Village of Green port for the Use of the Village Marine Pump-Out Station RESOLVED that the Town Board of the Town of South old hereby authorizes and directs Supervisor Scott A. Russell to execute the Aereement between the Town of Southold and the Villaee of Greenport for the use of the Villaee Marine Pump-Out Station in connection with the Trustees' pump-out boat, subject to the approval of the Town Attorney. ". Vote Record - ResolutioD RES-2006-702 yes/Aye NolNay Abstain Absent Ii'! Adopted AIIJ,~,~p~~Jr. Initiator Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-703 CATEGORY: DEPARTMENT: Committee Resignation Town Clerk Accept the Resignation of Thomas Landi From the Renewable and Alternative Energy Committee Page 13 August 22, 2006 Town of South old Board Meeting Minutes RESOLVED that the Town Board ofthe Town of Southold hereby accepts the resil!llation of Thomas Landi from the Renewable and Alternative Enerln' Committee, effective August 22, 2006. .;' Vote Record - Resolution RES.2006-703 Yes/Aye NO/.Nay Abstain Absent 6'1 Adopted ,AI~~~p~~,!r:, Voter 6'1 0 0 0 0 Adopted as Amended William P. Edwards Voter 6'1 0 0 0 0 Defeated Daniel C. Ross Voter 6'1 0 0 0 Tabled Thomas H. Wickham Seconder 6'1 0 0 0 0 Withdrawn Louisa P. Evans Initiator 6'1 0 0 Scott Russell Voter 6'1 0 0 0 2006-704 CATEGORY: DEPARTMENT: Misc. Public Hearing Town Clerk Set Tuesday. September 5 , 2006, At 8:05 P.M., Southold Town Hall, 53095 Main Road, Southold, New York As the Time and Place for a Public Hearingfor the Purchase of the Property Owned by Marian G. Youngfor Open Space Acquisition RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesdav. September 5 . 2006. at 8:05 p.m.. Southold Town Han. 53095 Main Road. Southold. New York as the time and place for a public hearin!!: for the purchase of the property owned bv Marian G. Youn!!: (or the successors thereto). Said property is identified as SCTM #1000-125-1-6.3. The address of the property is No # Route 25, and the property is located in the A-C zoning district on the northerly side of Route 25 at Laurel Lake in Laurel and reachable by a 25 foot right of way located approximately 1834 feet west of the LIRR-Route 25 overpass. The proposed acquisition is for the Town to acquire fee title to the wooded 10.79:t acre portion of the property for open space preservation purposes. The entire property totals 21.9 acres which includes 275:t feet of frontage on Laurel Lake and is made up of two tax parcels, SCTM #1000-125-1-6.3, the subject property, and SCTM #1000- 125-1-6.4 on which the Town purchased a development rights easement in 1997. The proposed acquisition is for the 1O.79:t acre area. Page 14 August 22, 2006 Town of South old Board Meeting Minutes The estimated purchase price for the 1O.79:t acre (subject to survey) property is $1,079,000.00 (one million seventy-nine thousand dollars) based on a purchase price of$IOO,OOO/acre. The exact acreage is to be determined by a Town-provided survey acceptable to the Land Preservation Committee. The purchase will be funded by the Town's Community Preservation Fund. The property is listed on the Town's Community Preservation Project Plan List of Eligible Parcels as property that should be preserved for aquifer protection and open space purposes. The property is located within the Special Groundwater Protection Area (SOP A) and is adjacent to, and in the vicinity of, over 540 acres of preserved land. Proposed uses of the property shall be in conjunction with the existing preserved land in the vicinity, which may include the establishment of a nature preserve and passive recreational trails. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of South old, Section 117-5, the Land Preservation Coordinator has calculated that 4.28 Sanitary Flow Credits may be available for transfer from the parcel of property upon the Town's purchase of the property. The transfer of the Sanitary Flow Credits into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel ofland is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. ./ Vote Record..; ResolutionRES-2006-704 Yes/Aye NOlNay Abstain Absent Ii!I Adopted Albert Krupski Jr. Seconder Ii!I 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii!I 0 0 0 Defeated Daniel C. Ross Seconder Ii'! 0 0 0 0 Tabled Thomas H. Wickham Initiator 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 Scott Russell Voter Ii'! 0 0 0 2006-705 Page 15 August 22, 2006 Town of South old Board Meeting Minutes CATEGORY: DEPARTMENT: Bid Acceptance Police Dept Accept the Bid of Police Cars Unlimited for Surplus Vehicle - Police WHEREAS the Town Clerk received one (I) bid on the used Police Vehicle, now therefore be it RESOLVED that the Town Board of the Town of South old hereby accepts the bid of Police Cars Unlimited for a surplus 2003 Ford Crown Victoria - VIN # 2FAFP71W53X109521 in the amount of$2,322.00, located at Police Headquarters, all in accordance with the Town Attorney. -/ Vote Record. Resolution RES-2006-70S Yes/Aye NolNay Abstain Absent iii Adopted Albert Krupski Jr. Voter iii 0 0 0 0 Adopted as Amended William P. Edwards Seconder 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 Voter iii 0 0 Scott Russell Voter iii 0 2006-706 CATEGORY: DEFARTMENT: Contracts, Lease & Agreements Town Clerk Authorize and Direct Supervisor Scott A. Russell to Execute the Amendment to the Contract with the Town of South old Dated February 11,2005, Proposed by Designed Learned, Inc. on August 18,2006 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the amendment to the contract with the Town Of Southold dated Februarv 11. 2005. proposed bv Desilmed Learned. Inc. on AUl!:ust 18. 2006, with the proviso that Designed Learned, Inc. understands the Towns' goal of building an animal shelter at a cost not to exceed $2.1 million (not inclusive of contingencies and approximately $.5 million in site and other work not to be included in prospective bids). '" Vote Record - Resolution RES-2006-706 Yes/Aye NOlNay Abstain Absent iii Adopted Albert,Krupski,Jr. Voter 0 iii 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 "V(lter iii 0 0 0 0 Withdrawn Louisa P. Evans Voter iii 0 0 0 L--. Scott Russell Voter iii 0 0 0 Page 16 August 22, 2006 Town of Southold Board Meeting Minutes 21. Statement SUPERVISOR RUSSELL: Okay, that concludes the agenda. Now I would open up the microphones to anybody that would like to comment. Mr. Carlin. FRANK CARLIN: Good evening ladies and gentlemen of the Board. Frank Carlin, Laurel. Just a few questions about the shelter, Tom and then I will go on with my main issue tonight. Outside of the $87,000 now for a study, what else can you report to me, Tom? COUNCILMAN WICKHAM: Today the Board reviewed that during the work session and we agreed that there is approximately $.5 million of site work and committed costs that the Town is going to absorb in building this shelter and we also agreed that the $2.6 million that we set upon for next December would still be used, subtracted the .5 from the 2.6 means that there would be $2.1 million left for the bids to construct the buildings and the work necessary for a shelter and we have today adopted a resolution informing, accepting the proposal of Design Learned Incorporated to prepare the bid documents so they can go out to bid shortly. MR. CARLIN: Well, what is this $86,000 mean then for study? If you are going out for bid now" what do you need that study for? COUNCILMAN WICKHAM: It is not really a study, it is to prepare a fixed set of bid documents that we can hand out to different construction companies who would like to bid on the proj ect. SUPERVISOR RUSSELL: And I want to point out, it is a scaled-back design that was proposed last fall. It is the team that designed the shelter last fall, that was put on the table and what they are doing is they are going to redesign that, scale it back but (inaudible) so that we can put it out to bid. MR. CARLIN: I must read something here that has been bothering me from the Traveler- Watchman, 2004. "Shelter to start this year (that is 2004). The construction of an animal shelter has a schedule and should break ground by the fall or early winter." According to Councilman Tom Wickham. I would say Tom that they are about 2 Y, years behind schedule, wouldn't you? I think gentlemen, I will tell you the truth, they are playing with this thing, we are going to end up with a chicken coop. Now I will continue with my next issue. I lived in this town for over 50 years. I lived on Route 25. there is no place in Southold Town where there is more traffic than on Route 25. I don't care where you are, in Nassau Point or Orient Point or wherever. That road was designed back in the 20's to handle model T's and model A's. it wasn't designed to handle 18 wheelers, super automobiles or motorcycles. Now you are going to wonder, what is he talking about? Well, I am going to lead into what I want to say. So, I knew this when I bought my house. I knew this condition was going to exist. Same with the railroad tracks being by my house. The train goes by there 4:30 in the morning, blows the whistle by the right-of-way by the golf course. Makes some racket and noise, vibrates my house. Comes back 6:00, blows the whistle. So what do we do? Do I complain to DOT that there is too much traffic on Route 25? Of course I don't. but you know what they would do to me or say to me, which you can't say on television? Forget it. The same with the MT A. Shall I tell them to stop blowing the whistle or Page 17 Aug.lst 22, 2006 Town of Southold Board Meeting Minutes making my house vibrate? They would say the same thing. That Cross Island ferry was here since 1941. It started as a steamboat and it is unbelievable that that company owns property in Orient Point and wants to have it converted for some parking, which would mean an amendment to the zoning code (inaudible) but yet, they can't get it done. So they continue parking on the bicyde paths, causing in my opinion, someday, a hazard. Because someday a child may run out from between those cars or somebody is going to step out and there is going to be an accident there. and what will happen? The ferry probably will probably be blamed for it, just like was mentioned in the local newspaper a few weeks ago. Somebody fell asleep coming from the ferry and he ended up in the Orient Point cemetery, so the ferry was involved in that one more or less in the paper. The senior citizens used to bowl in Mattituck lanes, since then it has been taken over by CVS. We were promised maybe to have a bowling alley, we never had one and that is the only thing they enjoy outside of going to Foxwood or Mohegan on the seajet. Cause that is their day out for pleasure. And then this Board and a group here is trying to stir up something to prevent them from doing that. I understand you also have a lawsuit in court with the group, am I right, Scott? SUPERVISOR RUSSELL: A lawsuit with the group from Orient? MR. CARLIN: No. Do you have a lawsuit against the Cross Island ferry? SUPERVISOR RUSSELL: Cross Sound ferry? Yes. We had litigation to force them into site plan compliance. MR. CARLIN: Is that the only problem you got with them? Site plan compliance? SUPERVISOR RUSSELL: That would be a large problem, yes. MR. CARLIN: And what does that mean, site plan compliance? What are you looking for? SUPERVISOR RUSSELL: Well, any business in Southold Town has to go through a review process so that we have the understanding that they can handle their own customer base. Any restaurant, any marina, any business of any type. Cross Sound hasn't met its obligations as business owners in this community to comply with site plan, to ensure that they are able to handle their own customer base. That is what we are trying to get them to do, like we would any other business. They shouldn't be excluded from the law. I have made it clear from the beginning that we are going to have one set oflaws in this town and we are all going to live by them. If the laws are bad, we can revisit the laws but in the meantime, I don't think I can handpick what industries I choose not to apply the code to. I think everybody has to be dealt with even handedly. MR. CARLIN: How about the traffic? It says they complain there is too much traffic from the ferry coming this way. Isn't that one of the big factors in this case? SUPERVISOR RUSSELL: I actually, I think there is traffic issues throughout this entire Town which is why I actually voted against the initial traffic study as proposed because I didn't think it was broad enough in its scope. So, if I was going to spend that kind of money, I wanted the Page 18 August 22, 2006 Town of South old Board Meeting Minutes people of Mattituck, Laurel, Peconic, Southold, Greenport to all see the benefits of that study and I do think that traffic is an issue that we need to take a broad review of because these, like you said earlier, we didn't design the roads in this town, history did. And it is a new day in Southold Town, traffic is a growing, growing problem. The ferry is contributing to that problem but I would suspect that there are plenty contributors to that problem. MR. CARLIN: Do you realize, Scott, that if that ferry, say the ferry was never there and people wanted to travel up to New London, either 18 wheelers or pleasure cars, they had to drive all the way around. Either go into Port Jefferson or go down to the west end over Throgs Neck bridge or whatever at the gas at $3 or more per gallon and by the time they got up to Orient do you realize the time and the amount of traffic it would add to the west end? I am surprised the DOT hasn't been involved in this because it would increase a lot of traffic down there without the Orient Point ferry at all. Did you ever consider that? SUPERVISOR RUSSELL: Oh yeah, absolutely. MR. CARLIN: Did the Board ever consider it? Maybe you but did the Board because you are all one group here. COUNCILMAN KRUPSKI: Of course. We also considered the advantage of having a ferry terminal in East Hampton which would let some of the traffic go through East Hampton and not have to go through Southold. MR. CARLIN: Albert, I am not talking about that stuff, I am talking about Orient Point right now. Let's forget about East Hampton. Let's don't try to push things over on East Hampton. Let's talk about what we have here, that is what I want tonight. Okay, my friend? COUNCILMAN KRUPSKI: Sure. MR. CARLIN: I don't believe this. Why is it, you know the trouble with this Board is? I am going to be honest with you tonight. This Board and the Board prior to this, you have a tendency to cater to special interest groups in this Town. I seen it with the McDonalds issue, with the environmentalists for five years, fighting that McDonalds. You have been elected by the people here in Southold Town to run the Town, to make the decisions. Do your studies, forget all these Committees. Forget all these Committees. Get out there and do your own studying. Make your decisions. Make the one wrong, stand up to it and face it. That is what you have got to do. You cater too much to small interest groups in this town. I seen it at many a Board meeting. They come up here, 50 of them in this building. I seen it with the McDonalds issue. Children marching in the lobby here with signs, which is against the law, it shouldn't have been allowed back in 1996. You don't demonstrate in a government building and I seen that happen. I don't know why, I don't care what it is, you can't get that parking off that shoulder. A matter of what do you have to do, do you have to wait until somebody gets killed there or something and take action and start to pass the buck around, well, I should have done this or he is to blame for it or what? I say, (inaudible) once said at a Town Board meeting, if you don't like what is going on in the "fown, move out. And that is what it is all about. I can't, I read the paper about this ferry and Page 19 August 22, 2006 Town of South old Board Meeting Minutes it is so much fuss about it, fuss about it, fuss about it. It is not right. The ferry should be there and it is going to be there. and I will tell you another thing, my opinion you can take this to court but I don't think you can, you are not going to win this. That is my opinion only. COUNCILMAN ROSS: We already won it, Frank. MR. CARLIN: Yeah, I know you won. You win a lot of things. COUNCILMAN ROSS: The court already ordered Cross Sound to submit to site plan (inaudible) process, so... MR. CARLIN: Alright. So let's see then... COUNCILMAN ROSS: .. .that part of the victory has already been... MR. CARLIN: Now let's see your part of the victory, let's see how you review it and let's see how it comes out. Yes or no or what. Just that don't drag it out, okay? Like the animal shelter. Let'3 see what you people are going to do know. And so far, now when did they do this? When, when? When was the date they done this by? COUNCILMAN ROSS: In the late 90's. MR. CARLIN: What? COUNCILMAN ROSS: In the late 90's. MR. CARLIN: In the late 90's? And it is still laying there? You haven't decided nothing yet? COUNCILMAN ROSS: Oh, it was decided. The court decided that Cross Sound ferry should be subject to the site review and the site plan law like every other business that operates in the Town of Southold and ordered them to apply for site plan approval. MR. CARLIN: Have they? COUNCILMAN ROSS: They did but never completed the application, to the point that this Board brought the present suit that is pending and we are more than willing to work towards a conclusion to this matter but as Supervisor Russell indicated, all the little business owners in Town are subject to site plan approval and there is no reason Cross Sound ferry shouldn't be subject to that law also. MR. CARLIN: So if they went to apply to it right now, tomorrow, you say this would go on, it would be resolved? COUNCILMAN ROSS: Not only a fine, they must complete the application process. MR. CARLIN: It is really strange, a company that size wouldn't complete the application. Page 20 August 22, 2006 Town of South old Board Meeting Minutes COUNCILMAN ROSS: I agree. MR. CARLIN: It is very strange. COUNCILMAN ROSS: I agree. MR. CARLIN: I am going to look into that. I am going to have to contact them myself. I will look into this. Because I don't come up here and say something I can't back up. That is all I have to say for this evening. Oh, this is a, the reason why I am here, I am not blowing my horn now, so many people been wanting me to come back, so I am back. Now, I was in McDonalds the other morning, somebody tapped me on the shoulder and he says, why don't you run on the Town Board, Frank? And I says, no, I don't want to run no Town Board but I tell you one thing, if! was on the Town Board that animal shelter would have been built four times already. COUNCILMAN ROSS: Thank you. It is good to see you back, Mr. Carlin. NICHOLAS TSOUNIS: Just one question. Nicholas Tsounis, Mattituck, New York. What I would like to ask is, what is the latest on the Renewable Alternative Energy Committee? Have the meetings started yet? Maybe some people in the Town would like to get involved with that. SUPERVISOR RUSSELL: Absolutely. The meetings have started, it is an active group, it is a very committed group. I am very proud to be the liaison to the group. They are actually already scheduling a series of public seminars on solar energy possibilities. They are going to meet with the agricultural community to explore wind generated facilities. They are a very active group. The one resignation we received tonight was a gentleman who was a very active and knowledgeable member of that Committee. He had to step down because it was simply a conflict with this employment in Nassau County, he just couldn't make the kind of commitment he wanted to make but he did say that he would be available to us for all the knowledge we can bleed from him for free. It is a very wonderful group and in the near future will be going out to the press and to the public to let you know about a series of workshops and seminars on these types of solar energy programs etc. MR. TSOUNIS: Let me and the Town know when you will be putting it in the paper so we know we can go to.. .. SUPERVISOR RUSSELL: Yes, that will be at the discretion of their chairwoman, who is Marie Domenici. In the near future she will be notifying the press of the series of upcoming seminars. MR. TSOUNIS: I am sure a lot of the townspeople will like to get involved in this Committee. SUPERVISOR RUSSELL: Thank you. PATRICK KAELIN: Good afternoon everyone. My name is Patrick Kaelin, I think most of you know me or have already had the opportunity to discuss the proposed recreational facility that my wife and my assistant Mr. Genovese and his family are in the process of trying to establish Page 21 August 22, 2006 Town of South old Board Meeting Minutes here in Southold Town. There is some issues that are still very vague in regards to the exact position that the Town is in that maybe you could enlighten me on, on where we stand in regards to having the opportunity to open a family entertainment facility here in Southold Town that would benefit everyone from all ages, of the residents and families in Southold Town. Where are we at, at this time? SUPERVISOR RUSSELL: I actually had asked the Planning Board for to look at this, the current application that you are proposing, as we both aware, there is no section of code or no section ofthe zoning in Southold Town that would allow for that. The code was drafted at a time long before anyone could envision that type of technological use. I had referred you to the Planning Board so that they could get an overall concept of what you were doing and then make recommendations to the Town Board. Now, to be clear which we talked about, the Town Board has the authority anytime to change the Town code, without the input of the Planning Board but the protocol has been, historically, to give to the Board that would provide the insight to us for land use issues. I had made a reference, I referred you to them, they had just made a recommendation back to us in writing. What they had suggested was that your particular use, recreational, family type of uses would best be serving the Town in either Hamlet Business, Business or Limited Business zones. That was discussed at the Town Board today. Some of us don't agree with that, some of us do agree with that. But what we had decided at the Town Board today was to have this discussion at a planning and zoning meeting because Town Hall is typically a meeting of some Town Board members and the various Boards of Town government to discuss whether we should look at these three zoning categories to add that use to allow it but also at the same time talk about the LI (inaudible). That is where we are at. MR. KAELIN: Because again, we had spoke to many of you at different occasions in regards to utilizing some of the empty buildings that are still out there and it was handed to me that there was a study back in 2003 to consider, you know, evaluating the LI buildings that are out there and they are a so limited a supply. The building that we had brought to the attention or the concern or the interest that we have, this study was done in 03, here we are going into 06-07 and the building is still empty. So J am a little concerned that here there was a statement in a letter that was saying that there is limited LI properties available but yet this building still seems vacant four years later. Here we are showing an interest that this property, that again, we are focusing on to centrally locate here in Southold Town on Cox Lane seems to pose such a dilemma. After a survey that was done back in 03 and the building still poses being empty, three years later going on four years and J am still caught at the very confused state in regards to the Planning Board telling us that this recommendation goes to the hamlets and again, hypothetically we were to find a piece of property in the hamlets which, that would be 8,000 square feet and up and put up a building, a box building that would support a recreational, entertainment facility and for whatever, down the road, if something caused us not to be able continue the operation, now you have an empty 8 or 10,000 box building in a hamlet which would open the door for a CVS, a walk-in restaurant type of affair. We are not looking to say that that is the intent but where we had these empty buildings that again, the one we are considering has been empty for going on four years, and I know the property does hold some issues but it just doesn't make any sense that it is being evaluated so heavily and we are kind of being sent from one department or to be sent to the other department and back to and the clock is ticking and we would love to be able to Page 22 AugoJst 22, 2006 Town of South old Board Meeting Minutes provide this recreational facility. Maybe recreation isn't the correct term. Maybe entertainment would be the correct terminology, here we have a movie theater; what is it, recreation or entertainment? But yet that seems to hold a business opportunity you know, here in the hamlet. Is it already zoned and we haven't addressed that? Which is it? Is it recreation or entertainment because the definition of the two seems to be crisscrossing each other consistently. SUPERVISOR RUSSELL: Actually, let me just clarify, either word you chose to use isn't specified in the code. It is as simple as that. MR. KAELIN: Well, the movie theater. SUPERVISOR RUSSELL: Movie theaters were around when the code was written in back in 83 although it was adopted in 89. Those things were specified in the town code. The town code is so precise in many ways and so grey in others. The problem is, the that the basically doesn't confer to something, it is simply not allowed as a matter of law. So what happens is, in those days nobody had envisioned the types of uses that you were proposing. There was no Shaper Image back in 1983, it is as simple as that. I actually agree with just about everything you just said. I think the industrial zones, the LI zones are limited. The problem is the LI inventory, why it is so limited, is because it is already fully developed with buildings that were built for a use specific eons ago and just simply not relevant to the market anymore. KG Brown in Mattituck has no relevance to the market. Your particular facility has no relevance to the market, as built. That is why I want to be creative and create zoning changes that allows people to invest and reinvest in the existing structures and the existing inventory. I want to make for a healthier tax base. In order to do that, oh, I want to make for a healthy tax base without encouraging construction of new facilities, that is why I think we need to revisit the code to encourage you to invest in the existing inventory, even if that means re-evaluating the uses. That is what we had talked about to that and I know some of us aren't necessarily in agreement with the Planning Board's recommendations but they are a Planning Board and there is certainly some merit to what they had to say. I think the type of use you propose is probably more for the hamlet centers. It is out of scale with, we kept talking about scale for the last few months, with regard to box stores, supermarkets etc and I think scale requires here as well. But again, that is something that this Town Board is going to have to wrestle with to come to some sort of consensus on. MR. KAELIN: Again, it just, it seems the clock is ticking and we are as eager to start the project as we have brought to our attention from a multitude of residents and age groups of all sorts here in the Township and we are, we just seem to be with the highway of travel in regards to making such a project happen. And it seems, again, if the study back in 03 has been addressed and it just, we are becoming disappointed in regards to the path of effort that is going through to see if we can, I know everything has to be thought out very thoroughly and evaluated to make sure that all the considerations and obstacles have been discussed and counter discussed to make sure it doesn't open a book of worms or dilemma down the road and I thoroughly appreciate those concerns because that goes through, things aren't what they used to be when you know, 20 or 30 years ago. I am sure that when I started meandering as a teenager throughout this Town, things were so much easier. And again, you have to cross your t's and dot your i's and everything well in advance so it doesn't point you down the road but for something that seems to be not an Page 23 August 22, 2006 Town of Southold Board Meeting Minutes argument, the Board seems to be in agreement, the Planning Board seems to be in agreement. There doesn't seem to be a negative concept in regards to our project but there seems to be a volley back and forth of where to do it. SUPERVISOR RUSSELL: There is actually, I am sorry, there is disagreement. There are people that don't think that that site that you proposed is a good use; that site is a good site for the use you proposed. They actually have some legitimate points to be raised. Those are the things that have to be ferreted out in discussion. MR. KAELIN: Right. Well, we would be very much interested if there was to be an alternative site. Scott, I have grown up in this Town as long as everybody else has. I have looked and if there was an alternative to a building of 8,000 square foot somewhere in the hamlet, we would have been discussing that already. COUNCILMAN EDWARDS: Well, I wanted to just comment that this discussion on the part of the Board today is not specific to your situation. MR. KAELIN: Right. COUNCILMAN EDWARDS: But zoning has a way of being forever and so it is something that you don't jump into quickly. If you say, okay, this is now a legitimate use in such and such a zone, there needs to be discussion between members of the Board, the Planning department and interested members of the public and that is why we have a Planning and Zoning Committee, that will come back with some sort of recommendation of changing the code. But what we try to do and I think it is our responsibility as legislators is to not look at it in terms of a specific property or a specific project but rather what does it mean to say okay we are going to take a recreation facility; we have to define that. You know, is it laser tag, is it a tennis court? And what are the implications if we say, okay, you can do that in such and such a zone and that is really what it is about. Now, you first appeared before the Board, it was either four weeks ago or six weeks ago. . . MR. KAELIN: Which Board? COUNCILMAN EDWARDS: At the Town Board work session. MR. KAELIN: There has been many meetings. COUNCILMAN EDWARDS: Well, there has been only one work session that I was present at where you discussed your proposal and the Town Board took it seriously and at the same time we recognize that in order to do anything we have to look at it in terms of legislation and it is not a matter of doing something that relates to you, it is a matter of something that somebody 50 years from now could take advantage of and do something that maybe the community doesn't want. MR. KAELIN: Right. Page 24 August 22, 2006 Town of Southold Board Meeting Minutes COUNCILMAN EDWARDS: So it is a, the wheels of gods grind a little bit slowly but they do grind and I think the and I think the Town Board is quite committed at taking a look at that use and what zones it is appropriate at. The Supervisor has made the point that we may disagree on what zones it is appropriate but all I see at this point from the Planning Board and other members of the Board is simply a letter saying we don't think it is appropriate for an LI but that sort of thing gets hashed out in the Planning and Zoning Committee and those are open meetings, you are welcome to attend. You can come up and speak up and we, they are noticed meetings, they are in the paper and we can tell you when they are. MR. KAELIN: Mr. Edwards, like I said, if there were alternative parcels, we would love to; I mean, if the Town told us here is three acres or if there were three acres that we could afford, now again, we all know the price of land. It is not like we can all of a sudden say, listen I am going to go ahead and buy three acres and build a box building in a hamlet. We couldn't do that because again, we have got so many mixed use and nor would I really want to see the additional traffic flow and or a box building in our beautiful little town. COUNCILMAN EDWARDS: All I am saying is, the Town Board is responding to what you are asking for, I mean, first of all, look at the code in terms of changing it. It is a fairly major thing... MR. KAELIN: Right. COUNCILMAN EDWARDS: The fact that it may not happen quite as lickety-split as you would like it to happen, I understand that, we all want what we want when we want it but it is being taken seriously and it is going to be on the agenda at the next Planning and Zoning Committee meeting which will be scheduled sometime in the next week. MR. KAELIN: Alright. Thank you. SUPERVISOR RUSSELL: If I can just say that, I don't have as the Supervisor, as a voting member of this Board, I don't have the luxury of getting to vote on your specific plan at that specific location and then judge it on it's merits. I don't have that luxury, I wish I did, you would get my vote in a minute. Unfortunately, we have to look at the general concept of that type of use and what zoning would be appropriate for that, as I have explained to you privately. I can't be so site specific or use specific, I have to look at the larger issue and then find the appropriate locations in terms of the zoning. I think you have got mixed messages in the past when it was recommended that look at KG Brown, that was a mixed message because that is in fact a LI zone, the same as what you are looking at, so that was a mixed message that you shouldn't have gotten from a Board of this Town but you did and this Town Board now has to look at those general uses and the zones that would handle or best fit those uses. MR. KAELIN: The dilenuna that I see in a nutshell is that there is so many limited opportunities. It is not a matter of picking or choosing but the picking and choosing is so limited. To offer a building that would be 8,000 plus square foot that would accommodate this Page 25 August 22, 2006 Town of South old Board Meeting Minutes type of operation. Again, I am not expecting the Town to give me particular approval for one particular site, if there were alternatives, we would have been discussing alternatives. The dilemma as boiled down is that it just doesn't have any alternatives. On the KG Brown building, I had spoken to Tom McCarthy and was advised that Tom doesn't want to lease it, he wants to sell it. His interest of dollar is well outside of, the building needs to be bulldozed and start over again. It was an issue of safety, where we are considering a building on Cox's Lane and the building, that KG Brown building. Well, I don't want my kid walking up and down the railroad tracks and the high school, so you can see it is a flip-flop back and forth. SUPERVISOR RUSSELL: Yeah, that was a mixed message you got from Planning Board and nothing they should have done. I am sorry for that. MR. KAELIN: No, no. SUPERVISOR RUSSELL: But again, this is a new issue that everyone is trying to wrestle with and everybody is trying to do the right thing here. And I think generally the comments about your proposal have been good from everybody I have talked to, inside of government and outside of government. Now we have to figure out what do we do with it. MR. KAELIN: Right. Okay. Well, I can only hope that you know, if there is anything I can offer and anyone of you, please don't hesitate to contact me and you all know where I am and how to contact me at this point but anything you can do in a reasonable, timely fashion would be greatly appreciated to try to get this project up and running in an ASAP manner. And again, it would just not be our benefit, it would be the benefit of everyone including the residents of Southold Town. Thank you. SUPERVISOR RUSSELL: Thank you. Would anyone else care to address the Town Board? Mrs. Egan. MS. EGAN: Good evening again. Joan Egan, East Marion. Is anything being planned for 9/11 at the American Legion Hall? Any, you know, remembrance? SUPERVISOR RUSSELL: I am sure that there will be plans. I can't say that the Legion, Griswold Glover is performing anything but I will certainly talk to the Commander if you want. MS. EGAN: Okay. Oh, in front of the Mattituck School, where they are redoing, that rebuilding on the east side; they have a great deal of run-off soil and Michael Verity was very kind to look into it for me because it is a problem (inaudible) and skidding and he said that is out of his jurisdiction. Who do I contact about that? SUPERVISOR RUSSELL: I believe New York State is the appropriate agency; the Town has no oversight there. MS. EGAN: Can you call the school? SUPERVISOR RUSSELL: Well, actually, Mr. Verity talked to me about your concern and I put Page 26 August 22, 2006 Town of South old Board Meeting Minutes a call into the Superintendent. I will hopefully touch base with him tomorrow, I left a message to see if they can do something about baling that. I know where you are talking about, I talked to him about perhaps baling that. It is my understanding that they are going to be paving that within a few short days, so the issue will be resolved one way or another. MS. EGAN: Oh, good. Okay. And I think we all want to congratulate, in Greenport, we have a new lady Rabbi and we wish her well and health and all those other good things. Now, many of our auxiliary police officers disappear because of school or commitments, will there be enough around for the Maritime Festival? SUPERVISOR RUSSELL: Yes. MS. EGAN: Good. Oh, back to channel 22. I did call a young woman (inaudible) and I occasionally see the Greenport Village Hall meeting but on the printout on channel 22, you know they say various things and they don't have when the Greenport Village Hall meeting is going to be. I used to see it occasionally on Saturday's in the morning, so... SUPERVISOR RUSSELL: I will talk to Lloyd. Call me tomorrow and I will talk to Lloyd about that. Generally the tapes get received by Lloyd Reisenberg from our Network Administration and he would broadcast that based on the Village's request. So I will talk to Lloyd in the morning. MS. EGAN: Good. Now, oh, yes. Now when are we going to get a traffic light or circle in front of the Shady Lady in Greenport? SUPERVISOR RUSSELL: It is my understanding that is being addressed in the very near future, if I am not mistaken. The County is working on it. MS. EGAN: It is in the works? SUPERVISOR RUSSELL: In the famous last words of the County but yes. MS. EGAN: It is being reviewed? SUPERVISOR RUSSELL: A design is being prepared but there will be a lot more after that, that is required such as financing for that. MS. EGAN: Yeah. And you spoke last time that you were in the works for that other recreational building for us? SUPERVISOR RUSSELL: The Peconic School? Yes, we are exchanging appraisals and we are going to have that on the work session, hopefully in the next two weeks. MS. EGAN: Good. Thank you all very much and have a nice evening. Page 27 August 22, 2006 Town of South old Board Meeting Minutes SUPERVISOR RUSSELL: Thank you. CATHERINE MORRELLY: My name is Catherine Morrelly, I am from Southold. As some of you know, as all of you know, my husband and I have been trying to help the Town with the animal shelter for quite a number of years. That is not what I, on that subject I have come to talk but not about. I find it very upsetting to say the very least (inaudible) were hastily put forth, tonight being one (inaudible) without any notification by anyone on the Board, so that no one had the opportunity to make a comment. My suggestion would be that if we have a hastily added resolution, the members of the Town be informed so, so that if they do want to make a comment, they can. SUPERVISOR RUSSELL: Actually, I would agree with you. Let me just explain this, some of the issues. As you know, we have had some stalled, it was stalled progress on the shelter. . . MS. MORRELL Y: Actually, Supervisor, we have not been involved... SUPERVISOR RUSSELL: Well, it has been a matter of public discussion in the Suffolk Times that there was. . . MS. MORRELLY: (Inaudible) SUPERVISOR RUSSELL: Well, that's, then you will know that the project after the bidding was opened at the last time out has sort of lost its momentum, I have raised some issues, the other legislators have raised some issues. What had happened was, we had decided at Town Board meeting a few meetings ago, to have two different organizations, one that had already designed the last shelter design, and then my suggestion was McLean Associates and Jamie Richter put in a proposal to rescale it so that we could afford it. And so that we can build a shelter that we can afford. MS. MORRELLY: You don't have to go through all of that, I do know that. SUPERVISOR RUSSELL: Well, I want to explain the hastily, if I can comment. What had happened was, I had been, we had, I had been favoring the McLean Associates. We had a meeting on Fishers Island the day after we had that discussion and it just so happened that Scott Learned from Design Learned would be on that island. Of course, he is overseeing the construction of a community structure over there. I had met with them at the request of this Board. We were basically had two counter proposals to design that shelter. I wasn't comfortable with going back to Design Learned but three councilman were. I went along with, I was actually the fourth vote that rehired Design Learned. That wasn't what I wanted to do but I don't want to spend the next five months arguing over who is going to redesign the shelter. Everything seems to gt't so protracted in this animal shelter discussion, that I just want the damn thing done. And if that meant going back to Design Learned, then so be it. He had some institutional knowledge of what we were looking for, that is why that was passed quickly. I just really want to get this thing done. And I am sorry that this item wasn't on the printed agenda but the fact is that we had made some revisions to it today, I just think there was no intentional effort to withhold any Page 28 August 22, 2006 Town of South old Board Meeting Minutes information at this point, we are just trying to get these decisions done as quickly as possible. MS. MORRELL Y: I am not, believe me, I am not accusing... SUPERVISOR RUSSELL: Oh, I know. But you were owed an explanation. MS. MORRELL Y: I just would like to know, that is all. SUPERVISOR RUSSELL: You certainly are owed an explanation. MS. MORRELL Y: We have been very, very involved and we certainly (inaudible). SUPERVISOR RUSSELL: Mr. Carlin? FRANK CARLIN: I suggest to the Board, all of you's, like I did two years ago. Go into the Mattituck Library, there is two books in there, 'How to Build an Animal Shelter' One man who specializes in building an animal shelter. Read it. You wi11learn a lot, like I did. Please, each one ofyou's, go to the Mattituck Library. Maybe we would have had an shelter built by now. SUPERVISOR RUSSELL: Jody Adams? JODY ADAMS: Jody Adams. You do agree with what the woman just said, that you should have perhaps read to the public, prior to announcing that you discussed the resolution, the resolution that had no advance notice so they could have thought about it and spoken at that time of (inaudible), do you agree? SUPERVISOR RUSSELL: Yes. Absolutely. I think that is a valid point that she raised. MS. ADAMS: Yes, totally. Okay. I (inaudible) and listened to several interesting things including the discussion on public transportation. I was wondering if any of you on this Board hav(' ever been on the local bus? COUNCILMAN WICKHAM: (Inaudible) MS. ADAMS: Yes. COUNCILMAN WICKHAM: Yeah, in the 1950's. MS. ADAMS: (Inaudible) Has anybody of you in the lasL... SUPERVISOR RUSSELL: I haven't. Councilman Edwards has. MS. ADAMS: What happened? Your car broke down? COUNCILMAN EDWARDS: No, I didn't have the use of a car. Page 29 August 22, 2006 Town of South old Board Meeting Minutes MS. ADAMS: What did you think of it? COUNCILMAN EDWARDS: (Inaudible) that there were more buses, but I thought the service was fine. It was I expected it to be. MS. ADAMS: Do you live far from a bus stop? Far from 25? COUNCILMAN EDWARDS: I wouldn't want to walk. MS. ADAMS: So somebody would drive you and you would.....where in Mattituck did you tend to pick it up? COUNCILMAN EDWARDS: Where? Down by the Waldbaums or I am sorry, down by the, at the time I took it down by Marratooka. MS. ADAMS: One whole time? COUNCILMAN EDWARDS: Yes. That is all that I have taken it. You asked if somebody had taken it? MS. ADAMS: Yes. No, no. Where did you go? COUNCILMAN EDWARDS: I actually took it from Riverhead to Marratooka. MS. ADAMS: I see. There are obviously probably things that you don't know about that bus system which perhaps you ought to know in consideration of what they are asking you to do and what you are doing (inaudible). At this time of year, there is a bus in the afternoon, they start generally in East Hampton, they go to the County Center to pick up employees who get out of work at 4:00, the bus is supposed to be here at 4:00 and it has come as late as 6:00. Which means that residents of the Town of Southold who work for a living and who are at the County Center for instance, spend two hours in the heat and in a not terribly pleasant atmosphere waiting to get the bus. And they are waiting to get the bus, some of us feel, because of the evil south shore. (Inaudible) very, very crowded, apparently, it is a lot worse, as I keep telling you, traffic wise then we are. Our buses rarely, you know, even from Orient to Riverhead tend to be able to stay on schedule but when they come back from East Hampton, you know, late morning, afternoon, they can be as much as two hours late. And the simplest idea anyone has had is you split the service in half. You have the south shore suffer its own sins and the north shore suffer its sins and they meet at the County Center and that way the people that get out at 4:00, they leave at 4: 15 instead of 6:00. and the only technical difficulty, I find, is they would need greater facilities for buses and whether you need Sunrise on the north fork and somebody else on the south fork but I wonder, do you know this, that there is a two hour wait in the afternoon to get home from work? SUPERVISOR RUSSELL: I actually have fielded a lot of complaints on the bus line. I just Page 30 August 22, 2006 Town of Southold Board Meeting Minutes want to let you know, though, if you are not aware, that that is actually a county run bussing system and the legislator, Edward Romaine has been working on enhancing that bussing, the bus that runs to the east end the service to the north fork, unfortunately, we are going to need county cooperation to do that. And that might be forthcoming in the future. I think the County Executive has paid attention to it, he is listening. MS. ADAMS: Well, what is Romaine suggesting? SUPERVISOR RUSSELL: Increasing the number of runs, for instance. MS. ADAMS: Well, if something is two hours late, two hours in, you know, what difference does it make ifit is going to be two hours late? (Inaudible) COUNCILMAN EDWARDS: In all fairness, I doubt if it is two hours late. MS. ADAMS: Well, in all fairness, once in a while it is two hours late. It is often one hour late. If you get a half an hour late, you are really doing very well in the afternoon and I am serious, I am not exaggerating this. It, it, and another thing, (inaudible) and not know, which is very confusing particularly with busses coming in an hour or two late, you have the two different things in Riverhead, you have one bus going on Route S8 and one bus going, you know, the next bus after that going down Route 2S through the center of Riverhead and it is very difficult to keep track of you know, even with the schedule in front of you, you know, where (inaudible) if you start getting them half an hour, an hour, an hour and a halfJate, you don't know whether you are waiting in the right spot or not. Urn, it expanded this year in terms of time, it is a primitive system in terms of getting the bus or signaling the bus or interacting between the buses, you know, (inaudible) you know, there are no bus stops. You wave and if they don't see you wave, they go on or (inaudible) and you have a tight, you have a very difficult schedule. You have drivers who often don't have time for lunch, you know, in terms oflabor, unions, it is not good. And I just think if you are going to concern yourself with transportation and the potential for transportation, that maybe you ought to try to get somewhere in Suffolk County occasionally and see what it is like and how you are treated, how crowded the buses are. Yes, some of them can be really quite pleasurable but it is not ajoy, not a joyous system and particularly in the summer. Urn, what else? (Inaudible) Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any issue? (No response) Okay, I just want to say before we adjourn, I want to acknowledge that our own Town Clerk, Betty Neville, Elizabeth Neville, will now be serving as the District Director of Region One for the New York State Town Clerk's Association. She was nominated and sworn in at a recent annual concert. 'As District Director, Betty, they keep saying Elizabeth but I have to call you Betty, Betty, I am sorry, is an essential part of our Association. She is liaison for fellow clerks in her district. She will reach out to new clerks and disseminate vital information for all clerks. She will bring to the Executive Board concerns of her fellow clerks and share ideas to improve our Association. She also helped our Association grow.' And that is signed by Lincla Gilbert, RMC Secretary to the New York State Town Clerk's Association. I want to congratulate Betty for that. Page 31 August 22, 2006 Town of South old Board Meeting Minutes TOWN CLERK NEVILLE: Thank you. SUPERVISOR RUSSELL: With that being said, can I get a motion to adjourn? VI. Public Hearinl!s 1. Set August 9Th, 2006,1:45 P.M., At the Fishers Island School As the Time and Place of a Public Hearing on a Proposed Local Law Entitled "A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of that Portion of SCTM #1000-9-8-2 Presently Zoned As M-I1, As Well As SCTM #1000-9-8-3.4, From M-I1 to R-40" History: 08/09/06 ADJOURNED Next: 08/22/06 08/22/06 ADJOURNED Next: 09/05/06 RESULT: ADJOURNED [UNANIMOUS] Next: 9/5/2006 7:30 PM MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell 2. Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:40 P.M. * * * * * ~Oqte/thJ Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS) MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Page 32