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HomeMy WebLinkAboutTB-01/16/2007 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 January 16, 2007 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 ofthe Southold Town Board was held Tuesday, January 16,2007 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 7:30 PM with the Pledge of Allegiance to the Flag. Attendee Name Albert Krupski Jr. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Elizabeth A Neville Patricia A Finne an Title Councilman Councilman Councilman Councilman Justice Supervisor Town Clerk Town Attome Organization Town of Southold Town of Southold Town of South old Town of South old Town of South old Town of South old Town of South old Town of South old I. Reports 1. Board of Trustees December 2006 2. Board of Trustees (Annual) Year's End Report 2006 3. Recreation Department January 2007 Monthly Report 4. Justice Bruer December 2006 Status Present Present Present Present Present Present Present Present Arrived Page I January 16, 2007 Town of Southold Board Meeting Minutes 5. Program for the Disabled December 2006 6. Justice Evans December 2006 7. Town Clerk Monthly Report December 2006 II. Public Notices 1. Renewal of NYS Liquor License North Steak LLC (O'Malley's), 44780 CR 48, Southold 2. Renewal of Seasonal License with NYS Liquor Authority Hay Harbor Club, Fox Avenue, Fishers Island 3. Suffolk County Aquaculture Lease Program Advisory Committee Project Kickoff Meetings for Shellfish Aquaculture Lease Program In Peconic and Gardiners Bays 1/31/07 at 7 PM-9:30 PM Southold Town Hall 2/6/07 at 7 PM - 9:30 PM Southampton Town Hall III. Communications 1. Orient Fire Department Thank you IV. Discussion 1. Appointment ofprr Custodian 2. 9:30 AM - Goldsmith Inlet Update Jamie Richter 3. 10:00 AM - Senior Housing Ed Siegmann 4. Senior Housing Forum 2/28/07 5. Board of Ethics - Town Residency Requirement Page 2 January 16, 2007 Town of South old Board Meeting Minutes - Vacancy 6. Hamlet Stakeholder Reconstitution 7. Ryder Farm Lane 8. MIMS Holding Inc Change of Zone application 9. 1:00 PM - Executive Session - Property Acquisition Melissa Spiro V. Resolutions 1. Statement SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. Thank you. Before I actually get on with the business at hand tonight, I was going to ask everybody to please rise for a moment of silence for the passing of Ray Blum who was an integral part of Southold government for so long. He served on the Preservation committee; he was a fixture in the winery industry for so many years. I remember all of my friends working for him in high school. He has been around a long time. His talents and his personality will sorely be missed by this community. Would anybody like to come up and address the Town Board on any issue as it appears on the agenda? UNIDENTIFIED: Is there reference to the public notice of the size, height and setback? SUPERVISOR RUSSELL: That, we will be conducting a public hearing tonight, actually three separate public hearings, at which time we will be addressing that issue specifically. If for some reason you can't stay for that public hearing which is probably only going to be in about 10-15 minutes, you can go now, otherwise I will advise you to wait for that public hearing. Would anybody else like to address the Town Board on any issue on the agenda as it appears? (No response) Hearing none, can we move ahead? 2007-83 CATEGORY: DEPARTMENT: Audit Town Clerk Audit 1/16/06 RESOLVED that the Town Board of the Town of South old hereby approves the audit dated January 16.2007. Page 3 January 16,2007 Town of Southold Board Meeting Minutes ,/ Vote Record - Resolution RES-2007-83 Yesh\ye N(JlNay Abstain Absent Ii! Adopted Albert Krupski Jr. Voter Ii! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii! 0 0 0 0 Defeated Daniel C. Ross Voter Ii! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii! 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii! 0 0 0 Scott Russell Voter Ii! 0 0 0 2007-84 CA TEGORY: DEPARTMENT: Set Meeting Town Clerk Next Meeting 1/30/07 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, January 30, 2007 at the Southold Town Hall, Southold, New York at 4:30 P. Moo ,/ Vote Record - Resolution RES-2007-84 Yes/Aye NolNay Abstain Absent Ii! Adopted Albert Krupski Jr. Voter Ii! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii! 0 0 0 0 Defeated Daniel C. Ross Voter Ii! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii! 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii! 0 0 0 Scott Russell Voter Ii! 0 0 0 2007-85 CATEGORY: DEPARTMENT: Budget Modification Data Processing Regular Earning Budget Modification RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 Data Processine: bude:et as follows: From: A.1680.4.100.200 PC Parts and Supplies $2451.52 To: A.1680.1.1 00.1 00 Regular Earnings $2451.52 Page 4 January 16, 2007 Town of Southold Board Meeting Minutes ./ Vote Record - Resolution RES-2007-85 Y~s/i\ye ,NolNay Abstain Absent Iil Adopted Albert Krupski Jr. Initiator 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 Voter Iil 0 0 0 0 Withdrawn Louisa P. Evans Seconder Iil 0 0 0 Scott Russell Voter Iil 0 0 0 2007-86 CATEGORY: DEPARTMENT: Bid Acceptance Police Dept Accept Bid of Donald Grimfor Surplus Police Vehicle RESOLVED that the Town Board of the Town of South old hereby accepts the bid of Donald Grim in the amount of $26.00 for the 1985 Ford Suburban, VIN I FDKE30LXFHB84973, located at Police Headquarters, pursuant to bid prices submitted, all in accordance with the Town Attorney. ./ Vote Record - Resolution RES-2007-86 Yesh\ye NO/J\JBY Abstain Absent Iil Adopted Albertl(rupskiJr. Voter 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. Wickham Seconder Iil 0 0 0 0 Withdmwn Louisa P. Evans Voter Iil 0 0 0 Scott Russell Voter Iil 0 0 0 2007-87 CATEGORY: DEPARTMENT: Surplus Equip - Non Usable Public Works Unusable Surplus Vehicle RESOLVED that the Town Board of the Town of South old hereby declares the followine: equipment to be surplus and unusable equipment: 1997 Olds Achieva Vin Number: IG3NL52T1VM333101 Be it further RESOLVED that the Town Board declares that the above vehicles is junk, undrivable, unusable and should be disposed of. Page 5 January 16,2007 Town of Southold Board Meeting Minutes .f' Vote Record. Resolution RES-2007-87 Yes/Aye NOlNay Abstain Absent 611 Adopted Albert Krupski Jr. Voter 611 0 0 0 0 Adopted as Amended William P. Edwards Voter 611 0 0 0 0 Defeated Daniel C. Ross Initiator 611 0 0 0 0 Tabled Thomas H. Wickham Seconder 611 0 0 0 0 Withdrawn Louisa P. Evans Voter 611 0 0 0 Scott Russell Voter 611 0 0 0 2007-88 CATEGORY: DEPARTMENT: Budget Modification Town Clerk Records Management Budget Modification RESOLVED that the Town Board of the Town of South old hereby modifies the 2006 Capital Proiects budl!et as follows: From: H.1680.2.500.300 Central Data Processing Laserfiche Intergration $2,452.25 To: H.1680.2.600.200 Central Data Processing Scanners $2,452.25 ,/ Vote Record - Resolution RES-2007-88 Yes/Aye NOfNlIY Abstain Absent 611 Adopted Albert Krupski Jr. Voter 611 0 0 0 0 Adopted as Amended William P. Edwards Voter 611 0 0 0 0 Defeated Daniel C. Ross Voter 611 0 0 0 0 Tabled Thomas H. Wickham Seconder 611 0 0 0 0 Withdrawn Louisa P. Evans Initiator 611 0 0 0 Scott Russell Voter 611 0 0 0 2007-89 CATEGORY: DEPARTMENT: Employment - Town Police Dept Advertise for Seasonal Police Officers for the 2008 Summer Season RESOLVED that the Town Board of the Town of South old hereby authorizes and directs the Town Clerk to advertise for two (2) weeks for Seasonal Police Officers for the 2008 summer season. Attendance at the Suffolk County Police Academy for training to commence in the fall of2007. Applications must be received by Thursday, February 15,2007. Page 6 January 16, 2007 Town of South old Board Meeting Minutes ./ Vote Record - Resolution RES-2007-89 Yes/Aye l'l()/Nay Abstain Absent Ii!I Adopted Al~t':r:tI.;I"UPskiJr. ...yater Ii!I 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii!I 0 0 0 0 Defeated Daniel C. Ross Voter Ii!I 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii!I 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii!I 0 0 0 Scott Russell Voter Ii!I 0 0 0 2007-90 CATEGORY: DEPARTMENT: Budget Modification Recreation Budget Modification - Recreation RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2006 budeet as follows: FROM: A7180.4.100.100 Lifeguard Supplies $140.44 TO: A 7020.4.400.300 Printing - Brochure $140.44 ./ Vote Record - Resolution RES-2007-90 yestAye NolNay Abstain Absent Ii!I Adopted Al~ertJ(rupskiJr. Initiator Ii!I 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii!I 0 0 0 0 Defeated Daniel C. Ross Voter Ii!I 0 0 0 0 Tabled Thomas H. Wickham Voter Ii!I 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii!I 0 0 0 Scott Russell Voter Ii!I 0 0 0 2007-91 CATEGORY: DEPARTMENT: Budget Modification Accounting Create Laptop Capital Budget RESOLVED that the Town Board of the Town of South old hereby authorizes the establishment of the followine Capital Project in the 2007 Capital Budeet: Capital Project Name: Laptops & Personal Computers Financing Method: Transfer from General Fund Whole Town Page 7 January 16,2007 Town of Southold Board Meeting Minutes Budget: Revenues: H.5031.35 Interfund Transfers $13,500 Appropriations: H.1680.2.600.100 Central Data Processing Capital Outlay Workstations & Printers $13,500 ,/ Vote Record M Resolution RES-2007-91 Yes/Aye NolNay Abstain Absent Ii!I Adopted Albert Krupski Jr. Seconder Ii!I 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii!I 0 0 0 0 Defeated Daniel C. Ross Voter Ii!I 0 0 0 0 Tabled Thomas H. Wickham Voter Ii!I 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii!I 0 0 0 Scott Russell Initiator Ii!I 0 0 0 2007-92 CATEGORY: DEPARTMENT: Attend Seminar Police Dept Grant Permission to Senior Bay Constable Donald Dzenkowski to Attend Pesticide Seminar In Riverhead, New York on Monday, January 29, 2007 RESOLVED that the Town Board of the Town of Southold hereby l!rants permission to Senior Bay Constable Donald Dzenkowski to attend a seminar on Pesticides at the Best Western East End. Riyerhead. NY. on Monday. January 29. 2007. All expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2007 Bay Constable budget line A.3130.4.600.200 (Meetings & Seminars). Travel to be by Town vehicle. ./ Vote Record - Resolution RES-2007-92 Yes/Aye NolNay Abstain Absent Ii!I Adopted Albert Krupski Jr. Voter Ii!I 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii!I 0 0 0 0 Defeated Daniel C. Ross Initiator 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 2007-93 CATEGORY: DEPARTMENT: Committee Resignation Town Clerk Advertise for Resumes for a Member to the Land Preservation Committee Page 8 January 16, 2007 Town of South old Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk is to advertise for resumes for a member to the Land Preservation Committee to fill the vacancy created by the death of Reynold Blum. ./ Vote Record - Resolution RES-2007.93 Yes/Aye NolNay Abstain Absent Ii!I Adopted Albert Krupski Jr. Voter Ii!I 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii!I 0 0 0 0 Defeated Daniel C. Ross Voter Ii!I 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii!I 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii!I 0 0 0 Scott Russell Voter Ii!I 0 0 0 2007-94 CATEGORY: DEPARTMENT: Committee Resignation Town Clerk Accept the Resignation of William C. Thompson From the Southold Town Ethics Board RESOLVED that the Town Board of the Town of Southold hereby accepts the resienation of William C. Thompson from the Southold Town Ethics Board, effective immediately and be it RESOLVED that the Town Clerk is hereby authorized and directed to advertise for this position. ./ Vote Record - Resolution RES-2007-94 yes/Aye N()/Nay Abstain Absent Ii!I Adopted Albert i(fupski Jr. Voter Ii!I 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii!I 0 0 0 0 Defeated Daniel C. Ross Voter Ii!I 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii!I 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii!I 0 0 0 Scott Russell Voter Ii!I 0 0 0 2007-95 CATEGORY: DEPARTMENT: Surplus Equipment Town Clerk Surplus Highway Equipmentfor Sale RESOLVED that the Town Board of the Town of South old hereby declares the foUowine to be surplus equipment: YEAR MAKE MODEL VIN FLEET # 1956 1981 Walter International Snow Fighter DumpTruck 567721 CA255BHA 10967 I3 106 Page 9 January 16,2007 Town of South old Board Meeting Minutes 1981 1987 1989 1991 1991 1991 1998 1987 H yster Dodge Mobile Dodge Dodge Dodge Ford Ford And be it further Lowboy Trailer Dump Truck Sweeper 4x4 Pickup W20 4x4 Pickup W20 4x4 Pickup W20 Dump Truck F70 Dump Truck F70 (minus body) 1 HKMEGLA9BC02340 1 186MD3453HS467883 IA9AI4DBOKR059038 18 7KM26Z8MS31 0731 187KM26ZXMS310732 IB7KM26ZIMS310733 1 FDPF70KIJV A50588 1 FDPF70K I HV A46907 114 143 155 169 170 171 178 192 "as in" condition. RESOLVED that the Town Clerk be authorized and directed to advertise for the sale of same in .t' Vote Record - Resolution RES-2007-95 Yes/Aye No/Nay Abstain Absent Ii'! Adopted Albert Krupski Jr. Initiator Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter 0 0 Ii'! 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-96 CATEGORY: DEPARTMENT: Seqra Town Attorney Youth Bureau Local Law Type II Action RESOLVED that the Town Board of the Town of South old hereby finds that the adoption of the local law entitled "A Local Law in relation to Establishment ofa Youth Bureau in the Town of Southold" is classified as a Tvpe II Action pursuant to SEORA Rules and Rel!:ulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. ./ Vote Record - Resolution RES-2007-96 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Seconder Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Iil 0 0 0 Page 10 January 16,2007 Town of Southold Board Meeting Minutes 2007-97 CATEGORY: DEPARTMENT: Seqra Town Attorney Increasing Penalties Local Law Type II Action RESOLVED that the Town Board ofthe Town of South old hereby finds that the adoption of the local law entitled "A Local Law in relation to Increasine: the Penalties in the Southold Town Code" is classified as a Tvpe II Action pursuant to SEQRA Rules and Ree:ulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. ./ Vote Record - Resolution RES-2007-97 Yes/Aye NolNay Abstain Absent Ii!! Adopted Albert Krupski Jr. Voter Ii!! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii!! 0 0 0 0 Defeated Daniel C. Ross Initiator Ii!! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii!! 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii!! 0 0 0 Scott Russell Voter Ii!! 0 0 0 2007-98 CATEGORY: DEPARTMENT: Employment - FIFO Accounting Rescind Resolution Number 2007-70 Re:Resign Fl RESOLVED that the Town Board of the Town of Southold hereby amends resolution #2007-70 from January 2, 2007 Town Board meeting, regarding the resignation of a Fishers Island employee to read Darcy Scroxton instead of Darcy Dixon. ./ Vote Record - Resolution RES-2007-98 y esj~ye NolNay Abstain Absent Ii!! Adopted Albert. K.rupski Jr. Voter Ii!! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii!! 0 0 0 0 Defeated Daniel C. Ross Voter Ii!! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii!! 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii!! 0 0 0 Scott Russell Voter Ii!! 0 0 0 2007-99 CATEGORY: DEPARTMENT: Surplus Equip - Non Usable Public Works Surplus Equipment Page II January 16,2007 Town of Southold Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby declares the followinl!: equipment to he surplus and unusable equipment: International Tractor, Model 2444 Serial Number 0290 I Be it further RESOLVED that the Town Board declares that the above tractor is junk, undrivable, unusable and should be disposed of. ./ Vote Record - Resolution RES.2007-99 Yes/Aye l'lolNay Abstain Absent Ii'I Adopted AlbertKrupskiJr. Voter Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'I 0 0 0 0 Defeated Daniel C. Ross Voter Ii'I 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'I 0 0 0 Scott Russell Voter Ii'I 0 0 0 2007-100 CATEGORY: DEPARTMENT: Employment - Town Town Clerk Appoint Lydia Tortora As Secretary of the Board of Ethics RESOLVED that the Town Board of the Town of South old hereby appoints Lvdia Tortora as Secretary of the Board of Ethics, effective January 10, 2007 through December 31, 2007 not to exceed five (5) hours per week in addition to her regular 35 hour work week, regardless ofthe number of committees she serves. ./ Vote Record - Resolution RES-2007-100 Y~s/Aye NolNay Abstain Absent Ii'I Adopted Albert Krupski Jr. Initiator 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 Seconder Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'I 0 0 0 Scott Russell Voter Ii'I 0 0 0 2007-101 CATEGORY: DEPARTMENT: Budget Modification Town Clerk Modify the General Fund Whole Town 2006 Budget - Assessors Page 12 January 16,2007 Town of Southold Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2006 buded as follows; To; A.1355.1.1 00.1 00 Board of Assessors Full Time Employees Regular Earnings $1051.00 From: A. 1355. l.l 00.200 Board of Assessors Full Time Employees Overtime Earnings $1051.00 ./ Vote Record - Resolution RES-2007-101 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Initiator Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-102 CATEGORY: DEPARTMENT: Sanitary Flow Credits Town Clerk Accept Sanitary Flow Credits From Suffolk County WHEREAS the Town Board of the Town of Southold, in resolution # 2005-734 requested the County of Suffolk to transfer the Sanitary Flow Credits from a parcel of property owned by the County at the comer of Main Road and Chapel Lane, Greenport known as SCTM#1000-45-1-10 to the Town of South old for deposit into the Town's Sanitary Flow Credit bank; and WHEREAS the eight (8) credits associated with this property are from the Greenport school district; and WHEREAS the eight credits will be transferred at no cost to the Town, and the Town Board committed in the aforementioned resolution that the credits will be made available for affordable housing at no cost to the eventual recipient of the credits; and Page 13 January 16,2007 Town of South old Board Meeting Minutes WHEREAS the County of Suffolk has delivered a quitclaim deed dated December 13, 2006 transferring eight (8) sanitary flow credits from said parcel to the Town of Southold; and it is therefore RESOLVED that eil!:ht (8) Sanitary Flow Credits be deposited into the Sanitary Flow Credit Bank solelv and exclusivelv for affordable housinl!: purposes in accordance with the terms and conditions contained in the deed and the resolutions of the Town and the County. ./ Vote Record - Resolution RES-2007-102 Yes/Aye No/Nay Abstain Absent Ii! Adopted Albert Krupski Jr. Voter Ii! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii! 0 0 0 0 Defeated Daniel C. Ross Initiator Ii! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii! 0 0 0 Scott Russell Voter Ii! 0 0 0 2007-103 CATEGORY: DEPARTMENT: Property Acquisition Public Hearing Land Preservation Set Tuesday, January 30, 2007, At 5:00 P.M, Southold Town Hall, 53095 Main Road, Southold, New York As the Time and Place for a Public Hearingfor the Purchase of a Development Rights Easement on Property Owned by Allan Arrieta RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of South old hereby sets Tuesdav. January 30. 2007, at 5:00 p.m., South old Town Hall, 53095 Main Road. Southold. New York as the time and place for a public hearinl!: for the purchase of a development ril!:hts easement on property owned bv Allan Arrieta (Peconic Land Trust as Contract Vendee). Said property is identified as part ofSCTM #1000-94-3-1.3. The address is 3305 Oregon Road, Mattituck, New York. The property is located on the northerly side of Oregon Road, approximately 150 feet northeasterly from the intersection of Elijah's Lane and Oregon Road in Mattituck in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 10010 acres of the 12.5010 acre parcel. Page 14 January 16,2007 Town of Southold Board Meeting Minutes The exact area ofthe purchase is subject to a survey acceptable to the Land Preservation Committee, and the property owner/contract vendee. The purchase price is $78,000 (seventy- eight thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land 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 - Resolution RES-2007-103 Yes/Aye /'IiolN"2iY Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter 11'1 0 0 0 0 Adopted as Amended William P. Edwards Voter 11'1 0 0 0 0 Defeated Daniel C. Ross Voter 11'1 0 0 0 0 Tabled Thomas H. Wickham Seconder 11'1 0 0 0 0 Withdrawn Louisa P. Evans lnitiator 11'1 0 0 0 Scott Russell Voter 11'1 0 0 0 2007-104 CATEGORY: DEPARTMENT: Property Acquisition Public Hearing Land Preservation Set Tuesday. January 30. 2007. At 5:05 P.M. Southold Town Hall. 53095 Main Road. Southold. New York As the Time and Place for a Public Hearingfor the Purchase of a Development Rights Easement on Property Owned by Macari Associates LLC RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) ofthe Town Code, the Town Board of the Town of South old hereby sets Tuesdav, January 30. 2007, at 5:05 p.m., Southold Town Hall. 53095 Main Road, Southold, New York as the time and place for a public hearinl!: for the purchase ofa development ril!:hts easement on property owned bv Macari Associates LLC (Peconic Land Trust as Contract Vendee), Said property is identified as part ofSCTM #1000-96-2-10. The address is 4735 Cox Lane, Cutchogue, New York. The property is located on the southwesterly side of Cox Lane, approximately 500 feet southeasterly from the intersection of Cox Lane and Page 15 January 16, 2007 Town of Southold Board Meeting Minutes County Route 48 in Cutchogue in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 25:1: acres of the 27:1: acre parcel. The exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee, and the property owner/contract vendee. The purchase price is $72,000 (seventy-two thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value, and as an aquifer recharge area; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel ofland is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. ." Vote Record - Resolution RES-2007-104 Yes/Aye No/Nay 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 2007-105 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Appoint Peter R. McGreevy As Chairman of the Board of Ethics RESOLVED that the Town Board of the Town of South old hereby appoints Peter R. McGreevv as Chairman of the Board of Ethics. effective January 10,2007. Page 16 January 16, 2007 Town of Southo1d Board Meeting Minutes ,/ Vote Record - Resolution RES-2007-105 Yes/Aye No/Nay Abstain Absent 611 Adopted Albert Krupski Jr. Initiator 611 0 0 0 0 Adopted as Amended William P. Edwards Seconder 611 0 0 0 0 Defeated Daniel C. Ross Voter 611 0 0 0 0 Tabled Thomas H. Wickham Voter 611 0 0 0 0 Withdrawn Louisa P. Evans Voter 611 0 0 0 Scott Russell Initiator 611 0 0 0 2007-106 CATEGORY: DEPARTMENT: Budget Modification Town Clerk ModifY the 2006 Highway Fund Part Town Budget Budget RESOLVED that the Town Board of the Town of South old hereby modifies the 2006 Hiehwav Fund Part Towu Budeet as follows: To: DB.5110.1.100.200 DB.5130A.100.500 DB.5140. 1.1 00.200 DB.5 140.4. I 00.600 DB.5140A.200.100 DB.5140A.600.300 DB.5142A.IOO.525 DB.5142A.l00.550 DB.5142A.100.920 From: DB.511 0.1.1 00.100 DB.511 OA.1 00.920 DB.5130AAOO.650 DB.5140A.100AOO DB.5140.4.100.900 DB.5140A.600.700 DB.5142A.100.935 General Repairs, P.S., FT Overtime Earnings Machinery, C.E., Parts & Supplies Brush & WeedslMisc., P.S., FT Overtime Earnings Brush & WeedslMisc., C.E., Uniforms Brush & Weeds/Misc., C.E., Tele/Cell Phones Brush & WeedslMiscellaneous, C.E., Travel Snow Removal, C.E., Snow Fence Snow Removal, C.E., Snow Posts Snow Removal, C.E., Sand General Repairs, P.S., FT Regular Earnings General Repairs, C.E., Sand Machinery, C.E., Maintenance & Repairs Brush & WeedslMisc., C.E., Implements Brush & WeedslMisc., C.E., Landscaping Materials Brush & WeedslMisc., C.E., Licenses Snow Removal, C.E., Rock Salt 10,500.69 2,000.00 152.18 1,399.68 363.15 346.94 1,145.60 984.00 9,231.40 10,652.87 9,231.40 2,000.00 363.15 1,399.68 346.94 2,129.60 ,/ Vote Record - Resolution RES-2007-106 Yes/Aye NolNay Abstain Absent 611 Adopted AIIJ~rtKrupski Jr. Seconder 611 0 0 0 0 Adopted as Amended William P. Edwards Initiator 611 0 0 0 0 Defeated Daniel C. Ross Voter 611 0 0 0 0 Tabled Thomas H. Wickham Voter 611 0 0 0 0 Withdrawn Louisa P. Evans Voter 611 0 0 0 Scott Russell Voter 611 0 0 0 2007-107 CATEGORY: Committee Resignation Page 17 January 16,2007 Town of Southold Board Meeting Minutes DEPARTMENT: Town Clerk Accept the Resignation of Imelda Corcoran Farrel/and Ruth Oliva From the Anti-Bias Task Force RESOLVED that the Town Board ofthe Town of South old hereby accepts the resienations of Imelda Corcoran Farrell and Ruth Oliva from the Anti-Bias Task Force, effective immediately, and be it FURTHER RESOLVED to authorize the Southold Town Clerk to advertise for resumes for these positions. ./ Vote Record - Resolution RES-2007~107 Yes/Aye NolNay Abstain Absent Ii'I Adopted Albert Krupski Jr. Voter Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'I 0 0 0 0 Defeated Daniel C. Ross Initiator 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 2007-108 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Appointment to Energy Committee - Wolbert RESOLVED that the Town Board of the Town of South old hereby appoints Anthonv Wolbert as a member ofthe Renewable and Alternative Enerl!:V Committee effective immediately, term to expire March 31, 2009 ./ Vote Record - Resolution RES-2007.108 Yes/Aye NolNay Abstain Absent Ii'I Adopted Albert Krupski Jr. Voter Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'I 0 0 0 0 Defeated Daniel C. Ross Voter Ii'I 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii'I 0 0 0 Scott Russell Voter Ii'I 0 0 0 2007-109 CA TEGORY: DEPARTMENT: Committee Appointment Town Clerk Chairperson Energy Committee Page 18 January 16,2007 Town of South old Board Meeting Minutes RESOLVED that the Town Board of the Town of South old hereby appoints Marie Domenici as the chairperson ofthe Renewable and Alternative Enerev Committee. -/ Vote Record - Resolution RE8-2007-109 Yes/Aye NofNay Abstain Absent Ii'l Adopted i\1l>eI1KrupskiJr. Voter Ii'l 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'l 0 0 0 0 Defeated Daniel C. Ross Seconder Ii'l 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii'l 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'l 0 0 0 Scott Russell Voter Ii'l 0 0 0 2007-110 CATEGORY: DEPARTMENT: Budget Modification Town Clerk ModifY the General Fund, Whole Town 2006 Budget - Justice Court RESOLVED that the Town Board of the Town of South old hereby modifies the General Fund Whole Town 2006 budl!et as follows: To: A.lllO.1.1 00.100 A.I I 10.4.400.500 Justices, P.S. F- T Regular Earnings Justices, C.S. Parking Ticket Servicing Justices, C.E. Court Reporters $1,983.00 4,200.00 A.I I 10.4.500.200 2,100.00 From: A.Ill 0.1.1 00.200 Justices, P.S. F-T Overtime Earnings $8,283.00 ./ Vote Record - Resolution RES-2007-110 Yes/Aye No/Nay Abstain Absent Ii'l Adopted Albert Krupski Jr. Initiator Ii'l 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii'l 0 0 0 0 Defeated Daniel C. Ross Voter Ii'l 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'l 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'l 0 0 0 Scott Russell Voter Ii'l 0 0 0 2007-111 CATEGORY: DEPARTMENT: Budget Modification Public Works Budget Modification - Street Lights Page 19 January 16, 2007 Town of South old Board Meeting Minutes RESOLVED that the Town Board of the Town of South old hereby modifies the 2006 General Fund Whole Town buded as follows: To: A.5182.4.100.200 Street Lighting, Gasoline & Oil A.5182.4.200.250 Street Lighting, Street Light Power A.5182.4.400.700 Street Lighting, Pole Rental $ 250.00 46,000.00 450.00 From: A.5182.1.100.100 A.5182.1.100.200 A.5182.2.500.500 A.5182.4.100.500 A.5182.4.100.550 A.5182.4.400.650 A.9015.8.000.000 Street Lighting, FT Employee Reg. Earnings $ Street Lighting, FT Employee OT Earnings Street Lighting, Street Light Fixtures Street Lighting, Motor Vehicle Parts/Supplies Street Lighting, Street Light Parts/Supplies Street Lighting, Vehicle Maint. & Repairs NYS Police & Fire Retirement 1,604.30 1,189.76 1,141.65 400.00 2,374.30 11.04 39,978.95 .,. Vote Record. Resolution RE8-2007-111 Yes/Aye NolNay Abstain Absent Ii'! Adopted AlbC:J"tI<:':Up~~i}r. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-112 CATEGORY: DEPARTMENT: Employment - Town Accounting Employment of Leslie Tascafor Assessors RESOLVED that the Town Board of the Town of Southold hereby appoints Leslie Tasca to the position of Clerk Tvpist. Part-Time, in the Board of Assessor's department, for up to 1712 hours per week, effective January 22,2007, at a rate of $11.84 per hour. ./ Vote Record. Resolution RES~2007-1 12 YeslAye l'lOlNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Initiator Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 Page 20 January 16,2007 Town of South old Board Meeting Minutes 2007-113 CATEGORY: DEPARTMENT: Litigation Town Attorney Retains Frank A. Isler, Esq. As Special Counsel In the Matter of House of Daige, LLC V Southold Town Zoning Board of Appeals RESOLVED that the Town Board of the Town of Southold hereby retains Frank A. Isler. ESQ. as Special Counsel in the matter of House of Daie:e. LLC v. Southold Town Zonine: Board of Appeals, which action was filed on December 27.2006. .t' Vote Record - Resolution RES-2007-113 Yes/Aye NolNay Abstain Absent Iil Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Seconder Iil 0 0 0 0 Withdmwn Louisa P. Evans Initiator Iil 0 0 0 Scott Russell Voter Iil 0 0 0 2007-114 CATEGORY: DEPARTMENT: Litigation Town Attorney Retains FrankA. Isler As Special Counsel In the Matter ofSim Moy and 106 Mulberry Corporation V Board of Trustees of the Town of South old RESOLVED that the Town Board of the Town of South old hereby retains Frank A. Isler as Special Counsel in the matter of Sim Mov and 106 Mulberrv Corporation v. Board of Trustees ofthe Town of South old, which action was filed on December 14, 2006. ./ Vote Record - Resolution RES-2007.114 Yes/Aye NolNay 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 Ii'! 0 0 0 0 Tabled Thomas H. Wickham Initiator Iil 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-115 CATEGORY: DEPARTMENT: Budget Modification Solid Waste Management District SWD Budget Mod 07-01 Page 21 January 16,2007 Town of South old Board Meeting Minutes RESOLVED that the Town Board of the Town of South old hereby modifies the 2007 Solid Waste District budl!:et as follows: From: SR 8160.4.1 00.650 Town Garbage Bags $ 7,500 To: SR 8160.4.1 00.580 SR 8160.4.1 00.550 Maint-Ford Tractor Maint-Komatsu Payloader $ 2,500 $ 5,000 ,/ Vote Record ~ Resolution RE8-2007-115 Yes/Aye NolNay Abstain Absent '"' Adopted Albert Krupski Jr. Initiator '"' 0 0 0 0 Adopted as Amended William P. Edwards ... Seconder '"' 0 0 0 0 Defeated Daniel C. Ross Voter '"' 0 0 0 0 Tabled Thomas H. Wickham Voter '"' 0 0 0 0 Withdrawn Louisa P. Evans Voter '"' 0 0 0 Scott Russell Voter '"' 0 0 0 2007-116 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Clerk LL Partial Tax Exemptionfor Sr. Citizens Set PH WHEREAS, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 16th day of January, 2007 a Local Law entitled "A Local Law in relation to Amendments to the Partial Tax Exemption for Senior Citizens with Limited Income" now, therefore, be it RESOLVED that the Town Board ofthe Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 13th day of Februarv. 2007 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 the Partial Tax Exemption for Senior Citizens with Limited Income" reads as follows: LOCAL LAW NO. 2007 Page 22 January 16,2007 Town of South old Board Meeting Minutes A Local Law entitled, "A Local Law in relation to Amendments to the Partial Tax Exemption for Senior Citizens with Limited Income". BE IT ENACTED by the Town Board ofthe Town of Southold as follows: I. Purpose -It is the goal of the Town of Southold to provide for the broadest tax exemption provided by New York State Law for Senior Citizens with limited income. This Amendment adjusts those tax exemptions to meet the full extent of the amended State law. II. Chapter 245 ofthe Code ofthe Town of Southold is hereby amended as follows: 9245-1. Partial Exemption for Senior Citizens. A. Amount of Exemption. (I) Real property owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife, one of whom is 65 years of age or over, shall be exempt from Town taxes to the extent provided, subject to the following income limitations: [Amended 9-29-1998 by L.L. No. 16-1998; 1-30-2001 by L.L. No. 3-2001; 3-25-2003 by L.L. No. 6-2003; 11-18-2003 by L.L. No. 26-2003] Income Extent of Exemption Up to $23,999 $21,990 to $21,999 $25,999 to $25,999 $28,Q99 to $28,999 $27,099 to $27,&99 $27,999 to $28,799 $28,&09 to $29,899 $29,70Q to $3Q,599 $39,(jQ9 to $31,199 $31,599 to $32,399 50% 15% 19% 35% 30% 25% 20% 15% 19% 5% 2007/08 Limit UP to $25.999 $26.000 to $26.999 $27.000 to $27.999 $28.000 to $28.999 $29.000 to $29.899 $29.900 to $30.799 $30.800 to $31.699 50% 45% 40% 35% 30% 25% 20% Page 23 January 16, 2007 Town of Southold Board Meeting Minutes $31.700 to $32.599 $32.600 to $33.499 $33.500 to $34.399 2008/09 Limit UP to $26.999 $27.000 to $27.999 $28.000 to $28.999 $29.000 to $29.999 $30.000 to $30.899 $30.900 to $31.799 $31.800 to $32.699 $32.700 to $33.599 $33.600 to $34.499 $34.500 to $35.399 2009/10 Limit UP to $27.999 $28.000 to $28.999 $29.000 to $29.999 $30.000 to $30.999 $31.000 to $31.899 $31.900 to $32.799 $32.800 to $33.699 $33.700 to $34.599 $34.600 to $35.499 $35.500 to $36.399 2010/11 Limit UP to $28.999 $29.000 to $29.999 $30.000 to $30.999 $31.000 to $31.999 $32.000 to $32.899 $32.900 to $33.799 $33.800 to $34.699 $34.700 to $35.599 $35.600 to $36.499 $36.500 to $37.399 15% 10% 5% 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% ~245-2. Conditions. [Amended 3-12-1985 by L.L. No. 3-1985] Page 24 January 16,2007 Town of South old Board Meeting Minutes No exemption shall be granted: A. If the income of the owner or the combined income of the owners of the property for the income tax year immediately preceding the date of making application for exemption exceeds the sum 0[$32,399 $34.399 effective Julv L 2006. $35.399 effective Julv L 2007. $36.399 effective Julv L 2008 and $37.399 effective Julv L 2009. "Income tax year" shall mean the twelve-month period for which the owner or owners filed a personal income tax return or, if no return is filed, the calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such sum. Such income shall include social security and retirement benefits; interest; dividends; total gain from the sale or exchange of a capital asset, which may be offset by a loss from the sale or exchange of a capital asset in the same income tax year; net rental income; salary or earnings; and the net income from self-employment, but not including a return of capital, gifts or inheritances. In computing net rental income and net income from self-employment, no depreciation deduction shall be allowed for the exhaustion, wear and tear of real or personal property held for the production of income. [Amended 4-5- 1988 by 1.1. No. 7-1988; 2-6-1990 by 1.1. No. 1-1990; 3-27-1990 by 1.1. No. 3-1990; 2-2- 1993 by 1.1. No. 2-1993; 12-27-1994 by 1.1. No. 31-1994; 11-18-2003 by 1.1. No. 26-2003] 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. APPLICABILITY AND EFFECTIVE DATE This Local Law shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January 1, 2006. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ./ Vote Record - Resolution RES-2007-1l6 Yes/Aye No/Nay Abstain Absent 6'1 Adopted Albert KrupskiJr. Seconder 6'1 0 0 0 0 Adopted as Amended William p, Edwards Initiator 6'1 0 0 0 0 Defeated Daniel C. Ross Voter 6'1 0 0 0 0 Tabled Thomas H. Wickham Voter 6'1 0 0 0 0 Withdrawn Louisa P. Evans Voter 6'1 0 0 0 Scott Russell Voter 6'1 0 0 0 2007-117 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Clerk Set the Public Hearingfor a Local Law In Relation to Site Plan Review of Landmarked Properties for Page 25 January 16,2007 Town of South old Board Meeting Minutes February 13.2007 At 8:10 PM WHEREAS, there has been presented to the Town Board ofthe Town of South old, Suffolk County, New York, on the 16th day of January, 2007 a Local Law entitled "A Local Law in relation to Site Plan Review of Landmarked Properties" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 13th dav of Februarv, 2007 at 8:10 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Site Plan Review of Landmarked Properties" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to Site Plan Review of Landmarked Properties" . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - Site plan applications that also require review of the Historic Preservation Commission under the Historic Landmarks Preservation Law are currently subject to duplicative and sometimes conflicting architectural review. This Amendment would eliminate that unnecessary step only when the Landmarks Law already provides for such review. II. Chapter 280 ofthe Code of the Town of Southold is hereby amended as follows: 9280-131. Review procedure. [Amended 5-15-1995 by L.L. No. 7-1995; 12-27-1995 by L.L. No. 25-1995; 12-14-2004 by L.L. No. 25-2004] C. When the Planning Board determines said application to be acceptable, it shall, within 10 business days of such determination, distribute said application and documentation to the Town, county and state agencies having jurisdiction, for their comment. Such referral shall include a referral to the Architectural Review Committee. The Architectural Review Committee shall make a written recommendation to the Planning Board on the site plan within 10 business days of Page 26 January 16,2007 Town of Southold Board Meeting Minutes receipt of the referral. If the Committee fails to make a recommendation within this time period, the project shall proceed to the Planning Board for consideration without Committee review. Notwithstanding the foregoing, applications involving onlv structures requiring review bv the Historic Preservation Commission for a Certificate of Appropriateness under Chapter 170 of this Code, Historic Landmark Preservation Law, shall not also be referred to the Architectural Review Committee for review. 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 by law. '" Vote Record - Resolution RES-2007-117 Yes/Aye NOlNay Abstain Absent Iil Adopted Albert Krupski Jr. Voter Iil 0 0 0 0 Adopted as Amended William P. Edwards Seconder Iil 0 0 0 0 Defeated Daniel C. Ross Initiator Iil 0 0 0 0 Tabled Thomas H Wickham Voter 6'1 0 0 0 0 Withdrawn Louisa P. Evans Voter Iil 0 0 0 Scott Russell Voter 6'1 0 0 0 2007-118 CATEGORY: DEPARTMENT: Planning Town Attorney Authorizes and Directs the Town Clerk to Forward the Proposed Local Law Entitled "A Local Law In Relation to Site Plan Review of Landmarked Properties ", to the Southo/d Town Planning Board and the Suffolk County Planning Commission for Comments and Recommendations RESOLVED that the Town Board of the Town of South old hereby authorizes and directs the Town Clerk to forward the proposed Local Law entitled "A Local Law in relation to Site Plan Review of Landmarked Properties", to the Southold Town Planninl! Board and the Suffolk County Planninl! Commission for comments and recommendations. Page 27 January 16,2007 Town of Southold Board Meeting Minutes .t' Vote Record - Resolution RES~2007-118 Yes/Aye NolNay Abstain Absent Ii'I Adopted Albert KrupskiJr. Voter Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'I 0 0 0 0 Defeated Daniel C. Ross Voter Ii'I 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii'I 0 0 0 Scott Russell Voter Ii'I 0 0 0 2007-119 CATEGORY: DEPARTMENT: Property Acquisition Public Hearing Land Preservation Set Tuesday, January 30,2007, At 5:10 P.M, Southo/d Town Hall, 53095 Main Road, Southold, New York As the Time and Place for a Public Hearingfor the Purchase of a Development Rights Easement on Property Owned by East Coast Residential LLC RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of South old hereby sets Tuesdav. Januarv 30. 2007, at 5:10 p.m.. South old Town Hall, 53095 Main Road. South old, New York as the time and place for a public hearine for the purchase of a development riehts easement on property owned bv East Coast Residential LLC. Said property is identified as SCTM #1000-69-3-9.3. The address is 2340 Ackerly Pond Lane, Southold, New York. The property is located on the easterly side of Ackerly Pond Lane, approximately 274 feet southeasterly from the intersection of Ackerly Pond Lane and a Long Island Rail Road crossing in Southold in the A-C zoning district. The proposed acquisition is for a development rights easement on the entire parcel consisting of approximately 16010 acres. The exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee. The purchase price is $72,000 (seventy-two thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value, and as an aquifer recharge area; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel ofland is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Page 28 January 16, 2007 Town of Southold Board Meeting Minutes Route 25, Southold, New York, and may be examined by any interested person during business hours. ./ Vote Record w Resolution RES-2007-119 Yes/Aye NO/Nay Abstain Absent Ii! Adopted Al~ertI<.rupskiJr. 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 Initiator Ii! 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii! 0 0 0 Scott Russell Voter Ii! 0 0 0 2007-120 CATEGORY: DEPARTMENT: Grants Town Clerk Town Clerk NYS Archives LGRMIF Grantfor Active Records RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs SUDervisor Scott A.Russell to execute an Active Records Manal!:ement I!:rant aDDlication . in the amount of $75.000. 00 to the New York State Education Department, State Archives and Records Administration, under the 2007-2008 Local Government Records Management Improvement Fund grant program, for the Town Clerk's Records Management Program. ./ Vote Record - Resolution RES-2007-120 Yes/Aye NolNay Abstain Absent Ii! Adopted AI~ertKrupski Jr. Initiator Ii! 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii! 0 0 0 0 Defeated Daniel C. Ross Voter Ii! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii! 0 0 0 Scott Russell Voter Ii! 0 0 0 2007-121 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Approves the Memorandum of Agreement Between the Town of Southold and the CSEA Dated January 10, 2007 RESOLVED that the Town Board of the Town of South old hereby aDDroves the Memorandum of Al!:reement between the Town of South old and the CSEA dated Januarv 10.2007, relating to a grievance filed by a Town employee. Page 29 January 16, 2007 Town of Southold Board Meeting Minutes ,/ Vote Record - Resolution RES-2007-121 Yes/Aye No/Nay Abstain Absent ItI Adopted Albert Krupski Jr. Voter ItI 0 0 0 0 Adopted as Amended William P. Edwards Initiator ItI 0 0 0 0 Defeated Daniel C. Ross ....seconder ItI 0 0 0 0 Tabled Thomas H. Wickham Voter ItI 0 0 0 0 Withdrawn Louisa P. Evans Voter ItI 0 0 0 Scott Russell Voter ItI 0 0 0 2007-122 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Between the Suffolk County Office for the Aging and the Town of South old for the Transportation Assistance Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an between the Suffolk County Office for the Al!:inl!: and the Town of Southold for the Transportation Assistance Prol!:ram, IFMS No. SCS EXE 0000000 No. 001-6806-4980-95285, for the period April 1, 2006 through March 31,2007 (with two one-year extensions at the County's option), subject to the approval of the Town Attorney. ,/ Vote Record - Resolution RE8-2007-122 Yes/Aye NolNay Abstain Absent ItI Adopted Albert Krupski Jr. Voter ItI 0 0 0 0 Adopted as Amended William P. Edwards Voter iii 0 0 0 0 Defeated Daniel C. Ross 'Initiator iii 0 0 0 0 Tabled Thomas H. Wickham Voter iii 0 0 0 0 Withdrawn Louisa P. Evans Seconder iii 0 0 0 Scott Russell Voter iii 0 0 0 2007-123 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Clerk A Local Law In Relation to Amendments to the Partial Tax Exemptionfor Disabled Persons with Limited Income PH 21I3107At 8:05 PM WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 16th day of January, 2007 a Local Law entitled "A Local Law in relation to Amendments to the Partial Tax Exemption for Disabled Persons with Limited Income" now, therefore, be it Page 30 January 16, 2007 Town of Southold Board Meeting Minutes RESOLVED that the Town Board of the Town of South old will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the February 13. 2007 at 8:05 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to the Partial Tax Exemption for Disabled Persons with Limited Income" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to Amendments to the Partial Tax Exemption for Disabled Persons with Limited Income". BE IT ENACTED by the Town Board ofthe Town of Southold as follows: II. Purpose - It is the goal ofthe Town of Southold to provide for the broadest tax exemption provided by New York State Law for disabled persons with limited income. This Amendment adjusts those tax exemptions to meet the full extent of the amended State law. II. Chapter 245 of the Code of the Town of South old is hereby amended as follows: 9245-10. Exemption granted. B. To be eligible for the exemption authorized by such 9459-c and implemented by this article, the maximum income of such person shall not exceed $32,400. $26.000 effective Julv 1. 2006. $27.000 effective Julv 1. 2007. $28.000 effective Julv 1. 2008. and $29.000 effective Julv 1. 2009. Any such person having a higher income shall be eligible for exemption in accordance with the following schedule: [Amended 4-11-2000 by L.L. No. 8-2000; 2-13-2001 by L.L. No. 4-2001; 3-25-2003 by L.L. No. 5-2003; 11-18-2003 by L.L. No. 25-2003] Income Extent of Exemption Up to $23,999 $24,000 to $24,999 $25,000 to $25,999 $26,00Q to $26,999 $27,QQQ to $27,899 $27,900 to $28,799 50% 45% 40% 35% 30% 25% Page 31 January 16,2007 Town of Southo1d Board Meeting Minutes $28,800 te $29,699 $29,700 te $30,599 $30,600 te $31,499 $31 ,590 te $32,399 20% 15% 10% 5% 2007/08 Limit Up to $25,999 $26,000 to $26,999 $27,000 to $27,999 $28,000 to $28,999 $29,000 to $29,899 $29,900 to $30,799 $30,800 to $31,699 $31.700 to $32,599 $32,600 to $33.499 $33,500 to $34.399 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 2008/09 Limit Up to $26,999 $27,000 to $27,999 $28,000 to $28,999 $29,000 to $29,999 $30,000 to $30,899 $30,900 to $31.799 $31,800 to $32,699 $32,700 to $33,599 $33,600 to $34,499 $34,500 to $35.399 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 2009/1 0 Limit Up to $27,999 $28,000 to $28,999 $29,000 to $29,999 $30,000 to $30,999 $31,000 to $31,899 $31,900 to $32,799 $32,800 to $33,699 $33,700 to $34,599 $34,600 to $35,499 $35,500 to $36.399 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% Page 32 January 16,2007 Town of Southold Board Meeting Minutes 2010/11 Limit Up to $28,999 $29,000 to $29,999 $30,000 to $30,999 $31.000 to $31.999 $32,000 to $32,899 $32,900 to $33,799 $33,800 to $34,699 $34,700 to $35,599 $35,600 to $36.499 $36,500 to $37,399 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 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, 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, APPLICABILITY AND EFFECTIVE DATE This Local Law shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January I, 2006. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. .; Vote Record - Resolution RES-2007-123 Yes/Aye NolNay Abstain Absent Ii!! Adopted Albert Krupski Jr. Voter Ii!! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii!! 0 0 0 0 Defeated Daniel C. Ross Voter Ii!! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii!! 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii!! 0 0 0 Scott Russell Voter Ii!! 0 0 0 2007-124 CATEGORY: DEPARTMENT: Budget Modification Town Clerk PIT Custodial Worker I for the Buildings and Grounds Department Page 33 January 16, 2007 Town of Southold Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby aDDoints Michael J. Prendereast to the Dosition of Dart-time Custodial Worker I for the Buildines and Grounds DeDartment not to exceed four (4) days per week not to exceed twenty (20) hours per week, at a rate of $16.11 per hour. ., Vote Record - Resolution RES~2007~124 Yesl~ye No!Jlllay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Iil 0 0 0 0 Defeated Daniel C. Ross Seconder Ii'! 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-125 CATEGORY: DEPARTMENT: Seqra Town Attorney Accessory Buildings LL As Unlisted Action RESOLVED that the Town Board ofthe Town of Southold hereby finds that the proposed "A Local Law in relation to the Size. Heiehts and Setbacks of Accessorv Buildines" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues aN egative Declaration for the action in accordance with the recommendation ofL.K. McLean Associates, P.C. dated January 12,2007, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith. ./ Vole Record - Resolution RES~2007~125 \,esl~Yf: r;()!Nay Abstain Absent Ii'! Adopted Albert Krupski Jr. Initiator Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Iil 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-126 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact of Youth Bureau LL Page 34 January 16,2007 Town of South old Board Meeting Minutes WHEREAS, there was presented to the Town Board of the Town of South old, Suffolk County, New York, on the 19th day of December, 2006, a Local Law entitled "A Local Law in relation to Establishment of a Youth Bureau in the Town of South old", and WHEREAS the Town Board of the Town of South old held a public hearinl! 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 is classified as a Minor Action under Chapter 268 of the Town Code, Waterfront Consistency Review, and is not subject to review under that chapter, 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 Establishment of a Youth Bureau in the Town of Southold" reads as follows: LOCAL LAW NO.1 of 2007 A Local Law entitled "A Local Law in relation to Establishment of a Youth Bureau in the Town of Southold". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. A new Chapter 68 of the Code of the Town of Southold is hereby adopted as follows: ~68-1 Legislative Intent. It is the intent of the Town Board ofthe Town of South old in enacting a local law to promote the positive development of youth through establishing a Youth Bureau. The Youth Bureau will seek to promote and enhance the physical, mental and social well-being of youth in the Town of Southold. Through collaboration and partnerships with youth, parents, schools, libraries, faith-based institutions and agencies that serve youth, the Youth Bureau will foster proactive planning and coordination of services and programs to address the many needs of youth and their families. ~68-2 Definitions. For the purposes of this Local Law, the following words and phrases shall be given meanings indicated herein: YOUTH shall mean any person under the age oftwenty-one (21). Page 35 January 16,2007 Town of Southold Board Meeting Minutes YOUTH SERVICE PROJECT shall mean any organized activity (other than recreation) directed towards the positive development of youth that is under the auspices of the Town of Southold or any governmental subdivision or agency thereof. ~68-3 Youth Bureau Created. This is hereby created the Youth Bureau of the Town of Southold that shall be comprised of a Youth Board (herein referred to as the "Board") and Director (hereinafter referred to as the "Director"). The Youth Bureau shall be a division within the Department of Human Services. As an administrative component within the Department, the Youth Bureau will develop a comprehensive needs assessment of local youth with a strategic plan to address those needs. ~68-4 Directo r. A. The Director shall be the principle office and administrative head of the Youth Bureau. The Director will report directly to the Town Board. Initially, the position of Director will serve part-time in its capacity to organize efforts to promote positive youth development. The Special Projects Coordinator will assume responsibility as Youth Bureau Director. B. Duties of Director. The Director shall be responsible for the administration of the Youth Bureau that will include; scheduling meetings, disseminating minutes, developing and updating the needs assessment and coordinating partnerships to address the needs of youth. The director will be responsible for establishing a resource directory and providing "user-friendly" information regarding youth services and youth service projects on the Town's website. In addition, the Director will prepare the annual budget of the Youth Bureau and provide the Town Board with an annual report of activities associated with the Youth Bureau. ~68-5 Youth Board. A. Composition. The Youth Board shall serve as an advisory body for the Youth Bureau and consist of no less than 13 members and no more than 28 members. Youth Board members will serve without compensation and will be appointed by the Town Board. The Youth Board shall reflect a balance between govermnent and public representation and include a minimum of two youth. Lay citizens shall comprise at least fifty percent of the Youth Bureau and membership shall reflect a demographic and geographic diversity within the Town. Lay citizens with a vested or pecuniary interest in youth services or recreation programs shall be ineligible to serve on the Youth Board. B. Powers and Duties. The Board shall be an advisory body and shall cooperate with the Director to accomplish the following functions: Page 36 January 16,2007 Town of Southold Board Meeting Minutes 1. Facilitate cooperation and partnerships between human service providers, police, schools, faith-based institutions, service clubs, local employment programs, private agencies and recreational programs to better address the needs of youth. 2. Compilation and analysis of data and trends including demographics, incidences of youth crime and delinquency as well as any other factors that impede the positive development of youth. 3. Development of an on-going comprehensive needs assessment to illustrate existing resources and the unmet needs of youth in the Town of Southold. 4. Research and analysis of grants from federal, state, county and private foundations that may assist to promote positive youth development. 5. Recommendation of educational programs and youth service projects to foster youth development. 6. Formulation and adoption ofmles and by-laws governing the activities of the Youth Board. 7. Compliance with all laws and regulations adopted by the State of New York with reference to the advancement of youth, including, but not limited to the "Youth Commission Law" of the Executive Law and the General Municipal Law of New York. The Youth Board shall meet a minimum of once a month. C. Terms of Appointment. 1. One-half of the total number of Youth Board members first appointed by the Town Board shall be appointed for a term of one (I) year from the date of their appointments. The remaining one-half of the total number shall be appointed for a term of two (2) years. 2. Successors to Youth Board positions shall be appointed for a term of two (2) years after the expiration of their predecessors. 3. No member may continue to serve on the Youth Board beyond the expiration of his /her term unless reappointed by the Town Board. D. Removal of Youth Board Members. 1. The Town Board may remove members ofthe Youth Board for cause. 2. Any Youth Board member who is absent from three (3) consecutive scheduled Youth Board meetings, without previously advising the Director of his /her intended absence, such member shall be removed from the Youth Board. II. 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. Page 37 January 16,2007 Town of South old Board Meeting Minutes III. EFFECTIVE DATE. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. <I' Vote Record - Resolution RES-2007-126 Yes/Aye NolNay Abstain Absent Ii'I Adopted Albert Krupski Jr. Initiator 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'I 0 0 0 2007-127 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact Size, Height Accy LL WHEREAS there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 19th day of December, 2006 a Local Law entitled "A Local Law in relation to the Size. Heieht and Setbacks for Accessory Buildines" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were be given an opportunity to be heard, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 of the Town Code and Local Waterfront Revitalization Program (L WRP) and the L WRP Coordinator has recommended that this action is consistent with the L WRP; and it is therefore RESOLVED that this action is CONSISTENT with the L WRP; and it is further RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed local law entitled, "A Local Law in relation to the Size. Heieht and Setbacks for Accessory Buildines" reads as follows: LOCAL LAW NO.2 of 2007 Page 38 January 16,2007 Town of Southold Board Meeting Minutes A Local Law entitled "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings" BE IT ENACTED by the Town Board ofthe Town of Southold, as follows: I. Purpose- The purpose of this Local Law is to establish clear standards governing the maximum height, size and setbacks for accessory buildings and other accessory structures, in order to further preserve the character of single-family neighborhoods. These changes will reduce the impact of accessory buildings on adjoining residences. These changes shall apply to the Low- Density Residential (R-40) zoning district, as well as the R-80, R-120, R-200, R-400 and Agricultural-Conservation (A-C) zoning districts. II. Chapter 280 of the Zoning Code of the Town of Southold is hereby amended as follows: S 280-4. Definitions. FLAT OR MANSARD ROOF-Anv roof that has a pitch ofless than 3:12. HEIGHT OF BUILDING, ACCESSORY -- The vertical distance measured from the average elevation of the existing natural grade adjacent to the building, before any alteration or fill, to the highest point of the rooffor flat and mansard roofs aRd te the mean height eetween eayes and ridge fer ether type reefs. . and to the highest point of the ridge for sloping and other type roofs. SLOPING ROOF-Anv roof that has a pitch equal to or greater than 3:12. S 280-15. Accessory buildings and structures. In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. 800Il Buildings with a flat or mansard roof shall not exceed eighteen (18) sixteen (16) feet in height and shall be set back at the minimum required for a sloping roof. B. Buildings with a sloping roof shall be subiect to the following height and setback limitations: Lot size (square feet) Less than I 0.000 Less than 10.000 Less than 10.000 10.000- 19.999 10.000- 19.999 10.000- 19.999 20.000- 39.999 Maximum Height (feet) Minimum Setback-side and/or rear (feet) 18 20 22 18 20 22 18 3 5 10 5 15 20 10 Page 39 January 16,2007 Town of South old Board Meeting Minutes 20.000- 39.999 20.000- 39.999 40.000 -59.999 60.000-79.999 80.000 and over 20 22 22 22 22 15 20 15 20 25 Setbaeks. [.-".meaded 7 17 1999 BY 1.1. Ne. 11 1999; 25 1991 BY 1.1. Ne. 21991] (I) Oa lets eeataiaiag lIjl te t'.veBty tRellsand (29,999) sqllllfe foet, SlieR BlIildiags sRall Be set Baek ae less than tffiee (3) feet frem aay IBt lille. (2) Oa lets eeataiaiag mere tRan tweaty tRelisaad (29,OQQ) sqaare feet 1I11 te tRirty aiae tRelisand aiae hUDdred aiaet)' aiae (39,999) S€(llllfe feet, SlieR 13aildiags sRall Be set Baek ao less than five (5) feet frBm aay let liae. (3) Oa IBts eeataiaiag ia eJ<eess eftflirty Riae tflelisaad aiae IRmdred aiaet)' Riae (39,999) sqllllfe feet lIjl to seveaty aiae tRelisaad aiae hliadred aiaet)' aiae (79,999) Sqllllf8 feet, saeR l3liildiags sllall Be set 13aek aB less tRail t811 (10) f-eet from aay IBt liae. (4) Oa lets eeataiaiag ia eJ,eess efsevsaty aiRe tRolisaad Riae Randred aiaet)' Riae (79,999) sqllllfe feet, SlieR 13aildiags sRall Be set 13aek ae less thall tweRty (20) feet frem aD)' let liae. C. Such buildings shall not exceed 660 square feet on lots containing UP to 20.000 square feet. and shall not exceed 750 square feet on lots 20.000 square feet to 60.000 square feet. On lots over 60.000 square feet. no accessorv building shall exceed three percent (3%) of the total size of the parcel. D. Dormers are permitted on accessory buildings UP to fortv (40%) percent ofthe roof width. E. Anv accessorv structure that is not a building shall not exceed eighteen (18) feet in height. and shall be set back at the minimum required in Section B above. . G.F. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard principal setback requirements as set forth by this Code. and the side vard setback requirements for accessory buildings in Section B above. 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 effect 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. Page 40 January 16,2007 Town of Southold Board Meeting Minutes Strike-through represents deletion. Underline represents insertion. .f' Vote Retord - Resolution RES-2007-127 Yes/Aye NolNay Abstain Absent 0 Adopted Albert Krupski Jr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Initiator 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Seconder 0 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 0 Scott Russell Voter 0 0 0 0 2007-128 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact Penalties LL WHEREAS there was presented to the Town Board of the Town of South old, Suffolk County, New York, on the 19th day of December, 2006, a Local Law entitled "A Local Law in relation to Increasinl!: the Penalties in the Southold Town Code" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, and WHEREAS, the proposed action is classified as a Minor Action under Chapter 268 of the Town Code, Waterfront Consistency Review, and is not subject to review under that chapter, now therefore be it RESOLVED that the Town Board of the Town of South old hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Increasinl!: the Penalties in the Southold Town Code" reads as follows: LOCAL LAW NO. 3 of 2007 A Local Law entitled, "A Local Law in relation to Increasinl!: the Penalties in the South old Town Code", BE IT ENACTED by the Town Board ofthe Town of Southold as follows: Page 41 January 16, 2007 Town of Southold Board Meeting Minutes Section 1. Purpose. The Town Board has reviewed the penalties associated with violations ofthe Southold Town Code and determined that insofar as the amounts of the fines have not been updated in at least ten years, they do not reflect a fair and appropriate assessment against those convicted of offenses and crimes under the Town Code. Therefore, the Town Board believes it necessary to increase the amounts of the fines to discourage potential violators from un-permitted and/or illegal activity and as a punitive response where warranted. Section 11. Code Amendments. Boats, Docks and Wharves S 96-16. Regulation of personal watercraft and specialty prop-craft. [Added 4-6-1993 by L.L. No. 4-1993] areas or sites. 1. All persons operating a personal watercraft or a specialtv prop-craft must complv with all applicable provisions of New York State Navigation Law &49 S 96-33. Compliance required; penalties for offenses. A. It shall be unlawful for any owner, occupant, builder, architect, contractor or their agents or any person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Bay Constable or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter. [Added 3-22-1988 by L.L. No. 3-1988] B. For every offense against any of the provisions of this chapter or any regulations made pursuant thereto or failure to comply with a written notice or order of the Bay Constable within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Bay Constable shall, upon conviction thereof, be guilty of a violation punishable by a fine not eJ<eeediag $259 to exceed five hundred ($500.) dollars or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day's continued offense shall constitute a separate, additional violation~ Burning, Outdoor S 104-5. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-1973] Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation punishable by a fine not e)weeaiag $250 to exceed five hundred ($500.) dollars or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. Page 42 January 16, 2007 Town of Southold Board Meeting Minutes Filming ~ 139-14. Penalties for offenses. A. Any action by any person, organization, corporation, group or other entity which violates or does not comply with any provision of this chapter shall be punishable by a fine of not less than $100 and not more than $1,0911 $2500, and, in addition, anyone convicted hereunder of not complying with the requirements of ~ 139-4 and/or ~ 139-5 may be subject to a fine of not less than the amount of the actual costs incurred and owed to the Town, and not more than an amount to twice said actual costs. B. Each continuing day of violation ofthis chapter shall constitute a separate offense. C. In addition to the above provided penalties, the Town may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of this chapter. Harbor Management ~ 157-14. Penalties for offenses. A. It shall be unlawful for any person or agent of any person to fail to comply with any provision of this article or to fail in any manner to comply with a written notice, directive or order of the Bay Constables or to conduct any operation in a manner not in compliance with a permit issued pursuant to this article. B. For every offense against any ofthe provisions ofthis law or any regulations made pursuant thereto or failure to comply with a written notice or order of the Bay Constables within the time fixed for compliance therewith, any person, or any other person or agent of such who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Bay Constables shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding ~ five hundred ($500.) dollars or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day's continued offense shall constitute a separate, additional violation. Junkyards 166-8. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-1973] A. The owner or licensee of any such place of business who commits or permits the commission of any offense against any of the provisions of this chapter shall be deemed to have committed a violation and shall be liable for any such offense or the penalty therefor. Each day such offense shall continue or be permitted to exist shall constitute a separate offense. Page 43 January 16, 2007 Town of South old Board Meeting Minutes B. For every offense against any provision of this chapter, the person committing the same shall, upon conviction thereof, be subject to a fine af Det mere dum $250 not to exceed two thousand five hundred ($2500) dollars or imprisonment not exceeding 15 days, or both such fine and imprisonment. C. Conviction for any above-mentioned offense shall constitute and effect an immediate forfeiture of the license. D. Any person committing an offense against this chapter shall, upon conviction thereof, be subject to a civil penalty enforceable and collectible by the Town in the amount of $1 00 for each such offense. Such penalty shall be collectible by and in the name of the Town for each day that such offense shall continue. E. In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the offense against such chapter. Littering S 174-7. Penalties for offenses. Any person committing an offense against any of the provisions of this chapter shall be punished, upon conviction, by a fine not el(eeediag $250 to exceed five hundred ($500.) dollars or by imprisonment not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. Public Entertainment and Special Events S 205-1. Certain entertainment restricted; permit required. D. Applications for aJ'lprsva! af any temflerar)' streeMSS tents under this chapter must be submitted to the Building Department.,- Salvaging Centers S 211-6. Penalties for offenses. The permittee who commits or permits the commission of any violation of the permit or ef.tIle Ta'Na Cede shall lle deemed te ha'le eammitted a 'lieltRiaD aDd shall be liable for aD)' slleh affease or tfte peaalt)' therefer anv Derson committin!! an offense of anv Drovision of this chaDter shall be !!uiltv of a violation. and be subiect to a fine not to exceed two thousand five hundred ($2500.) dollars. or a Deriod of imDrisonment not to exceed fifteen (15) davs or both such fine and imDrisonment. Each day such offense shall continue or be permitted to exist shall constitute a separate an additional offense. Page 44 January 16,2007 Town of SouthoId Board Meeting Minutes Sewers and Sewage Disposal Part 1 ~ 215-32. Compliance required; penalties for offenses. A. It shall be unlawful for any carter, owner, occupant, builder, architect, contractor or their agents or any other person to fail to comply with a written notice, directive or order ofthe Inspector or to conduct any operation in a manner not in compliance with a permit issued pursuant to this Part 1. [Added 3-22-1988 by 1.1. No. 4-1988] B. For each offense against any ofthe provisions of this Part 1 or any regulation made pursuant thereto or failure to comply with a written notice or order of the Inspector within the time fixed for compliance therewith, the carter, owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Inspector shall, upon a first conviction thereof, be guilty of a violation an offense punishable by a fine ef.Het tmeeeding ~not to exceed five thousand ($5000.) dollars or imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within +8-36 months thereafter, such person shall be guilty of a violation punishable by a fine not exeeeding $1,500 to exceed seven thousand five hundred ($7500.) dollars or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment. C. In addition to the above-provided penalties, the Board may also maintain an action or proceeding in the name of the District, in a court of competent jurisdiction, to compel compliance with or to restrain any injunction the violation of this Part 1. Part 2 ~ 215-45. Penalties for offenses; disconnection. A. Any person found to be violating any provision of this Part 2 except ~ 215-40 shall be served by the District with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. B. Any person who shall violate any provision of this Part 2 shall be Fined not mere than $100 or imJ'lrisened not mere than 30 d!l')'s or beth I!:uiltv of an offense punishable bv a fine not to exceed five thousand ($5000.) dollars or imprisonment for a period not to exceed 15 davs. or both such fine and imprisonment. Each day that any violation of this Part 2 continues and each day that any person continues to discharge prohibited wastes or substances into any public sewer shall be deemed to be a separate and additional offense for the pliFJ'lose of aJ'lj'llying the J'lCBalty provided in this seetioB. Page 45 January 16,2007 Town of Southold Board Meeting Minutes C. Any person who fails to cease and desist violation of this Part 2 upon notification thereof may, after the period oftime stated in the notice for correction thereof, be disconnected from the public sewer system. Notice of disconnection shall be served by the District not less than 10 days prior to the actual disconnection. Shellfish ~2l9-21. Penalties for offenses. [Amended 7-31-1973 byL.L. No. 1-1973] A. Any person convicted of an offense against any provision of this article shall be deemed to have committed a violation against such article and also shall be liable for any such offense or penalty therefor. B. For every offense against any provision of this article, the person committing the same shall be subject to a fine ef Bet mere than $250 not to exceed five hundred ($500.) dollars or imprisonment not exceeding 15 days, or both such fine and imprisonment. C. A second conviction for an offense against any of the provisions of this article within a period of one year shall constitute and effect an immediate forfeiture of a permit issued to such person. No new permit shall be issued to such person for at least one year after such forfeiture. D. Any person committing an offense against this article shall be subject to a civil penalty enforceable and collectible by the Town for each such offense. Such penalty shall be collectible by and in the name of the Town. E. In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the offense against this article. Subdivision of Land ~ 240-60. Penalties for Offenses. Anv person in A violation of anv provision of this chapter shall be l!uiltv of a violation punishable by a fine not tmeeeding that permitted by ~ 268 efNew YaRe State Tewn Law to exceed one thousand ($1.000.) dollars or a period of incarceration not to exceed 15 davs or both such fine and imprisonment.. Baah week's eentinH8a vielatien shall 6anstiMe a separate additienal ',ielatien. This Local Law shall sunercede and susnend those nrovisions of the Town Law Section 268(1) ofthe State of New York which nertain to the amount of the fines assessed and/or the terms of imnrisonment imnosed for a violation of this Chanter. or subsequent violations of this Chanter. Taxation Page 46 January 16,2007 Town of South old Board Meeting Minutes S 245-5. Penalties for offenses. Any person that eelP.ietien ef hw.ing made llR)' willful knowinl!lv makes a false statement in the-an application fer slieh el(emfltien under this chapter. or who knowinl!lv allows a person to make a false statement in an application under this chapter and which application is filed with the appropriate assessinl! authoritv shall be l!uiltv of a violation punishable by a fine of not mere than $100 to exceed one thousand ($1000.) dollars or a period of incarceration not to exceed 15 days or both such fine and imprisonment. Upon conviction under this chapter. the person shallllRd shall be disl:JlialifY the apfllieaRt sr apfllieaRts disQualified from fur'.her applvinl! for an exemption under this chapter for a period of five years from the date of conviction. Tobacco Advertising 249-6._InjllHetiens. Penalties for offenses. Anv person in violation of any provision of this chapter is l!uiltv of an offense punishable bv a fine not to exceed one thousand five hundred ($1500.) dollars or a period of incarceration not to exceed 15 days or both such fine and imprisonment. IR additieR te BR)' ether remed)' f1fElvided by law, the TewR may sring llR iRjliRetieR f1roeeediRg te eRfsTee this ehaj3ter:.. Tourist and Trailer Camps S 253-19. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-1973] A. Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation punishable by a fine not Ell,seeding $250 to exceed one thousand ($1000.) dollars or by imprisonment for a term not exceeding IS days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distiRst additional offense hereunder. B. In addition to the above-provided penalties, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this article. 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 Page 47 January 16,2007 Town of South old Board Meeting Minutes This Local Law shall take effect immediately upon filing with the Secretary of State as provided bylaw. ./ Vote Record - Resolution RES.2007-128 Yes/Aye NOll'lay Abstain Absent Ii! Adopted AI~ertl(rupski Jr. Voter Ii! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii! 0 0 0 0 Defeated Daniel C. Ross Initiator Ii! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii! 0 0 0 Scott Russell Voter Ii! 0 0 0 VI. 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: William P. Edwards, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell 2. Set January 16,2007 At 7:35 Pm, Southold Town Hall, As the Time and Place for a Public Hearing on a Local Law In Relation to Establishment of a Youth Bureau In the Town of Southold COMMENTS - Current Meeting: COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board ofthe Town of South old, Suffolk County, New York, on the 19th day of December, 2006, a Local Law entitled "A Local Law in relation to Establishment of a Youth Bureau in the Town of Southold", and NOTICE IS HEREBY FURTHER GIVEN, that the Town Board of the Town of Southold will hold a public hearin!!: on the aforesaid Local Law at the Southold Town Hall. 53095 Main Road. Southold. New York.. on the 16th day of January. 2007. at 7:35 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 Establishment of a Youth Bureau in the Town of Southold" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled "A Local Law in relation to Establishment of a Youth Bureau in the Town of South old". Page 48 January 16,2007 Town of Southold Board Meeting Minutes BE IT ENACTED by the Town Board of the Town of Southold as follows: I. A new Chapter 68 of the Code of the Town of South old is hereby adopted as follows: ~68-1 Legislative Intent. It is the intent ofthe Town Board of the Town of South old in enacting a local law to promote the positive development of youth through establishing a Youth Bureau. The Youth Bureau will seek to promote and enhance the physical, mental and social well-being of youth in the Town of South old. Through collaboration and partnerships with youth, parents, schools, libraries, faith-based institutions and agencies that serve youth, the Youth Bureau will foster proactive planning and coordination of services and programs to address the many needs of youth and their families. ~68-2 Definitions. For the purposes of this Local Law, the following words and phrases shall be given meanings indicated herein: YOUTH shall mean any person under the age of twenty-one (21). YOUTH SERVICE PROJECT shall mean any organized activity (other than recreation) directed towards the positive development of youth that is under the auspices of the Town of Southold or any governmental subdivision or agency thereof. ~68-3 Youth Bureau Created. This is hereby created the Youth Bureau of the Town of Southold that shall be comprised of a Youth Board (herein referred to as the "Board") and Director (hereinafter referred to as the "Director"). The Youth Bureau shall be a division within the Department of Human Services. As an administrative component within the Department, the Youth Bureau will develop a comprehensive needs assessment of local youth with a strategic plan to address those needs. ~68-4 Director. A. The Director shall be the principle office and administrative head of the Youth Bureau. The Director will report directly to the Town Board. Initially, the position of Director will serve part-time in its capacity to organize efforts to promote positive youth development. The Special Projects Coordinator will assume responsibility as Youth Bureau Director. B. Duties of Director. The Director shall be responsible for the administration of the Youth Bureau that will include; scheduling meetings, disseminating minutes, developing and updating the needs assessment and coordinating partnerships to address the needs of youth. The director will be responsible for establishing a resource directory and providing "user-friendly" information regarding youth services and youth service projects on the Town's website. In addition, the Director will prepare the annual budget ofthe Youth Bureau and provide the Town Board with an annual report of activities associated with the Youth Bureau. ~68-5 Youth Board. A. Composition. The Youth Board shall serve as an advisory body for the Youth Bureau and consist of no less than 13 members and no more than 28 members. Youth Board members will serve without compensation and will be appointed by the Town Board. The Youth Board shall reflect a balance between government and public representation and include a minimum of two youth. Page 49 January 16, 2007 Town of South old Board Meeting Minutes Lay citizens shall comprise at least fifty percent of the Youth Bureau and membership shall reflect a demographic and geographic diversity within the Town. Lay citizens with a vested or pecuniary interest in youth services or recreation programs shall be ineligible to serve on the Youth Board. B. Powers and Duties. The Board shall be an advisory body and shall cooperate with the Director to accomplish the following functions: I. Facilitate cooperation and partnerships between human service providers, police, schools, faith-based institutions, service clubs, local employment programs, private agencies and recreational programs to better address the needs of youth. 2. Compilation and analysis of data and trends including demographics, incidences of youth crime and delinquency as well as any other factors that impede the positive development of youth. 3. Development of an on-going comprehensive needs assessment to illustrate existing resources and the unmet needs of youth in the Town of Southold. 4. Research and analysis of grants from federal, state, county and private foundations that may assist to promote positive youth development. 5. Recommendation of educational programs and youth service projects to foster youth development. 6. Formulation and adoption ofmles and by-laws governing the activities of the Youth Board. 7. Compliance with all laws and regulations adopted by the State of New York with reference to the advancement of youth, including, but not limited to the "Youth Commission Law" of the Executive Law and the General Municipal Law of New York. The Youth Board shall meet a minimum of once a month. C. Terms of Appointment. I. One-half of the total number of Youth Board members first appointed by the Town Board shall be appointed for a term of one (1) year from the date of their appointments. The remaining one-half of the total number shall be appointed for a term oftwo (2) years. 2. Successors to Youth Board positions shall be appointed for a term of two (2) years after the expiration of their predecessors. 3. No member may continue to serve on the Youth Board beyond the expiration of his/her term unless reappointed by the Town Board. D. Removal of Youth Board Members. I. The Town Board may remove members of the Youth Board for cause. 2. Any Youth Board member who is absent from three (3) consecutive scheduled Youth Board meetings, without previously advising the Director of his/her intended absence, such member shall be removed from the Youth Board. II. 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, Page 50 January 16, 2007 Town of South old Board Meeting Minutes 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. III. EFFECTIVE DATE. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have notification that this has appeared on the Town Clerk's bulletin board outside, it has appeared as a legal in the local newspaper and I have no further comments on it. SUPERVISOR RUSSELL: At this point, would anybody like to come up and address the Town Board on establishment of a Youth Bureau in Southold Town? Would anybody, I don't know, Phil Beltz, like to come up and talk to the Town Board about the establishment of a Youth Bureau in Southold Town? PHILLIP BELTZ: Well, I was initially asked to research on establishing a Youth Bureau and it seemed to me to be a very easy way for the Town to just further enhance efforts that other individuals and non-profits are doing to serve youth, there are a lot of great things happening in the Town to serve youth; however, I think that by organizing to know exactly what other people are doing, constantly addressing needs and comprehensive needs in place for the Town to further promote positive youth development and I think this is just the beginning step of the Town to further its youth service capacity to address the needs of youth. SUPERVISOR RUSSELL: Thank you very much, Phil, for that impromptu presentation. Mr. Wills? FRANK WILLS: Frank Wills, Mattituck. I think it is a great idea. Probably overdue. I would like to suggest that included activities would be anti-drug and anti-smoking activities because once you start it as a youth, (inaudible) you are going to keep it up, results in the future. So I would like to stress that those activities be stressed, too. SUPERVISOR RUSSELL: Thank you very much. The goals of this Youth Bureau that I have been working on with Phil is to underscore and somehow reinforce the efforts that are already being made by wonderful organizations like Committees that Care. I see Sue Tillman over there, I see several people in the audience that I have been working with, Liza and all these groups that are reaching out and doing that very thing. So, we hope to be able to help them in any way possible. MARIANNE FLEISCHMAN: Hi, my name is Marianne Fleischman, I am a social worker and I have been a youth advocate for many years. I look forward to working with Phillip and Scott, I just want to say you have absolutely no idea how wonderful I feel in this moment and my hat is off to your administration for creating a Youth Bureau. Fourteen years ago this month, I walkeq away from Town politics. I walked away from what was going to be a Youth Bureau. In 1993, it was established by the then Supervisor, Scott Harris' administration. It has been a long time Page 51 January 16,2007 Town of Southold Board Meeting Minutes coming. I do hope that the creation of this Youth Bureau will have a strong foundation as you begin the process right now because it is going to make or break the future success of a Youth Bureau in this Town. So, again, I say hat's off to you. It is a good day for every single young person and family in this Town. SUPERVISOR RUSSELL: Thank you. We have actually been relying on you and others, Marianne and Liza and everybody else who has been doing this for so long. I am new to this, myself and Philip have been struggling along and you guys have been very generous with your time and your knowledge with all of the issues involved and I appreciate it. LIZA KOLLER: Hi, I am Liza Koller, I am the Director of Community Action Southold Town in Greenport and I am happy to be here and (inaudible) with helping the disadvantaged and impoverished people in our Town, see that the youth strongly need direction, support and anything that we can offer as a group in our Town, I support it completely and I will do whatever I can in my position to help move this forward. SUPERVISOR RUSSELL: Thank you, Liza. Would anybody else like to address the Town Board on the issue? (No response) Hearing none, can I get a motion to close? RESULT: CLOSED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell 3. Set January 16,2007 At 7:40 Pm, Southold Town Hall As the Time and Place to Hold a Pulbic Hearing on "A Local Law In Relation to the Size, Height and Setbacks for Accessory Buildings" COMMENTS - Current Meeting: COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN there has been presented to the Town Board ofthe Town of South old, Suffolk County, New York, on the 19th day of December, 2006 a Local Law entitled "A Local Law in relation to the Size, Heieht and Setbacks for Accessory Buildines" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of South old will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 16th day of January 2007 at 7:40 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law in relation to the Size, Heieht and Setbacks for Accessory Buildines" reads as follows: LOCAL LAW NO. 2006 A Local Law entitled "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings" Page 52 January 16,2007 Town of Southold Board Meeting Minutes BE IT ENACTED by the Town Board of the Town of South old, as follows: I. Purpose- The purpose of this Local Law is to establish clear standards governing the maximum height, size and setbacks for accessory buildings and other accessory structures, in order to further preserve the character of single-family neighborhoods. These changes will reduce the impact of accessory buildings on adjoining residences. These changes shall apply to the Low- Density Residential (R-40) zoning district, as well as the R-80, R-120, R-200, R-400 and Agricultural-Conservation (A-C) zoning districts. II. Chapter 280 of the Zoning Code of the Town of South old is hereby amended as follows: S 280-4. Definitions. FLAT OR MANSARD ROOF-Anv roof that has a pitch ofless than 3:12. HEIGHT OF BUILDING, ACCESSORY -- The vertical distance measured from the average elevation of the existing natural grade adjacent to the building, before any alteration or fill, to the highest point of the roof for flat and mansard roofs and te the mean height llet?leen eaves and ridge f-er ether type reefs. . and to the highest point of the ridge for sloping and other type roofs. SLOPING ROOF-Anv roof that has a pitch equal to or greater than 3: 12. S 280-15. Accessory buildings and structures. In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: .\. SHeh Buildings with a flat or mansard roof shall not exceed eighteen (I ll) sixteen (16) feet in height and shall be set back at the minimum required for a sloping roof. B. Buildings with a sloping roof shall be subiect to the following height and setback limitations: Lot size (square feet) Less than I 0.000 Less than 10,000 Less than 10,000 10,000- 19,999 10.000- 19.999 10.000- 19.999 20.000- 39.999 20.000- 39,999 20.000- 39,999 40.000 -59,999 Maximum Height (feet) Minimum Setback (feet) 18 20 22 18 20 22 18 20 22 22 3 5 10 5 15 20 10 15 20 15 Page 53 January 16,2007 Town of Southold Board Meeting Minutes 60.000-79.999 80.000 and over 22 22 20 25 Setbaeks. [.^.mendes 7 17 1990 by 1.1. No. 14 1999; 2 5 1991 by 1.1. No.2 1991] (1) On lots cORtaining Ilfl to tv.onf)' thousand (20,000) s(juare feet, sueh buildings shall be set baek no less than three (3) feet frem any lot line. (2) On lots containing mere than tweRty thousand (29,000) s(juare feet Ilfl to thiFty nine thousand nine hundres ninety nine (39,999) s(juare feet, such bllildings shall be set back no less than the (5) feet from EII1J' lot line. (3) On lets coRtaining in elceess ofthiFty nine thousand nine hllflsred ninety nine (39,999) S(jllare feet Ilfl to se'lenty nine thollsand nine hllftsres ninety nine (79,999) s(juare feet, sueh buildings shall be set bade no less than ton (10) feet from any lot line. (4) On lots coRtaining in e1l6ess of seyenty nine thellsand nine hIlfisred ninety nine (79,999) S(jllare feet, suah buildings shall be set baek no less than t'.Yenty (20) feet from any lot line. C. Such buildings shall not exceed 660 square feet on lots containing UP to 20.000 square feet. and shall not exceed 750 square feet on lots 20.000 square feet to 60.000 square feet. On lots over 60.000 square feet. no accessorv building shall exceed three percent (3%) of the total size of the parcel. D. Dormers are permitted on accessory buildings UP to forty (40%) percent of the roof width. E. Any accessory structure that is not a building shall not exceed eighteen (18) feet in height. and shall be set back at the minimum required in Section B above. . G.F. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard principal setback requirements as set forth by this Code. and the side yard setback requirements for accessory buildings in Section B above. 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 effect 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. 1 believe you have copies of the legislation, they were on the agenda out there outside the meeting hall. I have a letter here from L.K. McLean Associates, who were asked to review the information for us, 'please refer to the attached Short Environmental Assessment Form dated Page 54 January 16,2007 Town of Southold Board Meeting Minutes January 11, 2007 and our office recommends that a negative declaration be issued by the Southold Town Board', which I guess we did tonight, right? JUSTICE EVANS: Yes. COUNCILMAN WICKHAM: I also have notice it has appeared on the Town Clerk bulletin board outside, it has appeared as a legal in the local newspaper. A memo dated January 16, 2007 from Mark Terry, Principal Planner and LWRP Coordinator concludes 'it is my determination that this proposed action is consistent with the policy standards and therefore is consistent with the LWRP.' And a memo dated November 21, 2006 from the Suffolk County Department of Planning, states that this proposal is considered to be a matter of local determination as there is no apparent significant countywide or inter-community impact. I don't believe there are any other notices that are in this file. TOWN ATTORNEY FINNEGAN: We do have one minor change that I would propose that was brought to my attention today by Ruth Oliva. The chart that lists lot size and maximum height and minimum setback, the minimum setback I would just propose we add side and or rear, so that it is clear that that refers to a side and or rear setback. So there is no confusion. That was the intention. SUPERVISOR RUSSELL: Would anybody like to come up before the Town Board and address this issue of the accessory structure law? THOMAS NOONE: Hi, my name is Thomas Noone and I have property at Mattituck. My wife's family has been here for over 70 years. I feel that these laws pertaining to private property is, comes out in September of every year and ends around February. Your summer people are not here during this laws that are being proposed to be changed. I feel that it is unfair to the summer people when they are not here for proper representation. They don't all get the papers. I didn't get the paper one time on a piece of property which I owned, I found out it was grandfathered in from the Hale family, which were three lots. I bought the property from the Hale family and now I find out we can't build on that because of the laws that have been changed. Had I known about it, I would have done something differently. Second of all, I live across the street from CVS. There is new owners of CVS, they are not abiding by the terms and conditions of the previous CVS. It was sold for $3. something million and the new people there now are not abiding by the terms. There is metal grate in front of that place that rocks every time a car goes in and out. I spoke with the manager, I spoke with the Town Hall. Nothing has been done with it. Every car that goes in and out of that CVS, it is like a storm water basin, constantly rattling. I have next to Dickerson Marina, which is an old diner, which I think is the new town dump. I don't know if you people (inaudible), it used to be a diner but now it is the new auxiliary town dump. I call on this, no action. I left word with the owners, I had to come down here, I spent three hours on the phone trying to get the owners name. No one in the Town Hall could direct me. They gave me phone numbers, phone numbers. Finally I came down there, I spent three hours on the phone at home. I got the party's name, it was just sold for I think $300,000. And it is still the new town dump and no action has been taken on this. Those are things in my area. I am surprised that this is coming up now, I had heard that (inaudible) in the Page 55 January 16,2007 Town of Southold Board Meeting Minutes summertime when all the summer people are here, that they can have some input on setbacks. The accessory buildings are garages, I believe? SUPERVISOR RUSSELL: Principally. MR. NOONE: Whatever? SUPERVISOR RUSSELL: Accessory structures. The law speaks to accessory structures. Presumably they are garages but for other people they could be storage facilities, that sort of thing. MR. NOONE: This pertains mostly to garages then? SUPERVISOR RUSSELL: It pertains to, yeah, accessory buildings. MR. NOONE: (Inaudible) when all the people are out and let everybody have an input on this. COUNCILMAN KRUPSKI: When was the.... MR. NOONE: (Inaudible) COUNCILMAN KRUPSKI: When was the first public hearing on this? COUNCILMAN ROSS: 2005. SUPERVISOR RUSSELL: Can I just, on those other issues of enforcement, I would please invite you to contact my office directly on those issues. I had not heard of the issue regarding the CVS grate and I certainly, I am aware of the sale of that what used to be a Chinese restaurant, then a diner. I was aware of the sale of that, I didn't know there was a problem there, other than the building not being maintained but I understood the new owner was going to go in and do something nice there, but if there is an issue there, I would gladly address it and we will be out tomorrow. MR. NOONE: Can I get the number? SUPERVISOR RUSSELL: Scott Russell, 765-1889. MR. NOONE: Thank you. TOWN ATTORNEY FINNEGAN: AI, to answer your question, I think the first hearing, ifmy memory is right was in the summer in July of 03 and then I think there was one in May of 05 and then we had one in November oflast year. SUPERVISOR RUSSELL: Would anybody else like to come up to the Town Board? Mr. Wills. Page 56 January 16, 2007 Town of South old Board Meeting Minutes FRANK WILLS: Frank Wills, Mattituck. I think the accessory code is okay and I would like to urge or suggest that having done that, presumably it will pass, to do a similar one for the main buildings; basically getting out of the McMansions could be growing even taller. I realize the limits now are 35 foot, I am sure, I believe that some of the houses going up are exceeding that, including the lateral size, including the one in Mattituck that has got 1,500 square feet. Maybe that is okay down in East Hampton and those other places but not here. So I would urge the Board to start working on limiting the size of the main structure and all the accessories to that. Thank you. SUPERVISOR RUSSELL: Would anybody else like to come up to the Town Board and address the issue of the accessory structures law? CHRIS TALBOT: Chris Talbot from Cutchogue. With respect to the, I think that we should go ahead and put this accessory code into effect as it stands. You have got them even tighter (inaudible) and they get bigger and the problems are going to get worse. You have talked about this in the past and it was okay around Southold Town not to have a lot of ordinances in place because usually people have common courtesy to their neighbors not to do certain things, build certain size structures that are tight to property lines and so forth, I think a lot of the new homeowners that are coming out here now, cerainly you are right that the south fork pushing north. You are losing out on a lot of that common courtesy and if we don't get these rules in place now, we are going to have a big problem in the next few years. And I would say the sooner the better and keep pushing forth with the enforcement of what is going on and if anything, I would certainly do what Mr. Wills said about the houses, put a limit on them. There are plenty of municipalities around here that have ordinances, say you pick a lot size, you go 10 percent of the lot size plus 1,750 or 1,800 square feet and that is the maximum principal structure you can build on a property and I know that in the Village of Southampton where I am a building inspector, any accessory structures regardless of size, the maximum is 800 square feet. If you have a 20,000 square foot lot size and less, you going to (inaudible) a 520 square feet, which is sufficient for a two car garage or a two and a half car garage. The maximum is 16 feet in height, the ridge, and the same with if you have a 10 acre lot, regardless if it is agricultural, that is something different, (inaudible) so I would do all you are doing now and maybe even make a little tighter. SUPERVISOR RUSSELL: Thanks, Chris. Would anybody else like to come up and address the Town Board on this particular issue? (No response) Hearing none, can I get a motion to close? RESULT: CLOSED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: William P. Edwards, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell 4. Set January 16,2007 At 7:45 Pm At Southold Town Hall As the Time and Place for a Public Hearing on a Local Law In Relation to Increasing the Penalties In the Southold Town Code COMMENTS - Current Meeting: COUNCILMAN WICKHAM: WHEREAS there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 19th day of December, 2006, a Local Law Page 57 January 16,2007 Town of Southold Board Meeting Minutes entitled "A Local Law in relation to Increasinl!: the Penalties in the Southold Town Code" and RESOLVED that the Town Board of the Town of South old will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 16th day of January, 2007 at 7:45 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 Increasine the Penalties in the Southold Town Code" reads as follows: LOCAL LAW NO. 2006 A Local Law entitled, "A Local Law in relation to Increasinl!: the Penalties in the South old Town Code". BE IT ENACTED by the Town Board ofthe Town of Southold as follows: Section 1. Purpose. The Town Board has reviewed the penalties associated with violations of the Southold Town Code and determined that insofar as the amounts of the fines have not been updated in at least ten years, they do not reflect a fair and appropriate assessment against those convicted of offenses and crimes under the Town Code. Therefore, the Town Board believes it necessary to increase the amounts ofthe fines to discourage potential violators from un-permitted and/or illegal activity and as a punitive response where warranted. Section II. Code Amendments. Boats, Docks and Wharves 9 96-16. Regulation of personal watercraft and specialty prop-craft. [Added 4-6-1993 by L.L. No. 4-1993] areas or sites. I. All persons operatine a personal watercraft or a specialtv prop-craft must complv with all applicable provisions of New York State Navieation Law &49 996-33. Compliance required; penalties for offenses. A. It shall be unlawful for any owner, occupant, builder, architect, contractor or their agents or any person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Bay Constable or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter. [Added 3-22-1988 by L.L. No. 3-1988] B. For every offense against any ofthe provisions of this chapter or any regulations made Page 58 January 16,2007 Town of Southold Board Meeting Minutes pursuant thereto or failure to comply with a written notice or order ofthe Bay Constable within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Bay Constable shall, upon conviction thereof, be guilty of a violation punishable by a fine not exeeediBg $250 to exceed five hundred ($500.) dollars or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day's continued offense shall constitute a separate, additional violation~ Burning, Outdoor ~ 104-5. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-1973] Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation punishable by a fine not tmeeediBg $250 to exceed five hundred ($500.) dollars or by imprisonment for a term not exceeding IS days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. Filming ~ 139-14. Penalties for offenses. A. Any action by any person, organization, corporation, group or other entity which violates or does not comply with any provision of this chapter shall be punishable by a fine of not less than $100 and not more than $1,000 $2500, and, in addition, anyone convicted hereunder of not complying with the requirements of ~ 139-4 and/or ~ 139-5 may be subject to a fine of not less than the amount of the actual costs incurred and owed to the Town, and not more than an amount to twice said actual costs. B. Each continuing day of violation of this chapter shall constitute a separate offense. C. In addition to the above provided penalties, the Town may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of this chapter. Harbor Management ~ 157-14. Penalties for offenses. A. It shall be unlawful for any person or agent of any person to fail to comply with any provision of this article or to fail in any manner to comply with a written notice, directive or order of the Bay Constables or to conduct any operation in a manner not in compliance with a permit issued pursuant to this article. Page 59 January 16, 2007 Town of South old Board Meeting Minutes B. For every offense against any of the provisions ofthis law or any regulations made pursuant thereto or failure to comply with a written notice or order of the Bay Constables within the time fixed for compliance therewith, any person, or any other person or agent of such who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Bay Constables shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding ~ five hundred ($500.) dollars or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day's continued offense shall constitute a separate, additional violation. Junkyards 166-8. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-1973] A. The owner or licensee of any such place of business who commits or permits the commission of any offense against any of the provisions of this chapter shall be deemed to have committed a violation and shall be liable for any such offense or the penalty therefor. Each day such offense shall continue or be permitted to exist shall constitute a separate offense. B. For every offense against any provision of this chapter, the person committing the same shall, upon conviction thereof, be subject to a fine of Hot mere than $250 not to exceed two thousand five hundred ($2500) dollars or imprisonment not exceeding IS days, or both such fine and imprisonment. C. Conviction for any above-mentioned offense shall constitute and effect an immediate forfeiture of the license. D. Any person committing an offense against this chapter shall, upon conviction thereof, be subject to a civil penalty enforceable and collectible by the Town in the amount of $1 00 for each such offense. Such penalty shall be collectible by and in the name of the Town for each day that such offense shall continue. E. In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the offense against such chapter. Littering S 174-7. Penalties for offenses. Any person committing an offense against any of the provisions of this chapter shall be punished, upon conviction, by a fine not clweediag $250 to exceed five hundred ($500.) dollars or by imprisonment not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. Page 60 January 16,2007 Town of South old Board Meeting Minutes Public Entertainment and Special Events ~ 205-1. Certain entertainment restricted; permit required. D. Applications for llfl!lroval of any tem!lorary struetllTes tents under this chapter must be submitted to the Building Department. Salvaging Centers ~ 211-6. Penalties for offenses. The permittee who commits or permits the commission of any violation of the permit or ef..the Town Code shall lle deemed to have eommitted a 'liolation and shall lle liable f-or any sHeh effensB or the !lonalty therefor anv person committinl!: an offense of anv provision of this chapter shall be l!:uiltv of a violation. and be subiect to a fine not to exceed two thousand five hundred ($2500.) dollars, or a period of imprisonment not to exceed fifteen (15) davs or both such fine and imprisonment. Each day such offense shall continue or be permitted to exist shall constitute a separate an additional offense. Sewers and Sewage Disposal Part I ~ 215-32. Compliance required; penalties for offenses. A. It shall be unlawful for any carter, owner, occupant, builder, architect, contractor or their agents or any other person to fail to comply with a written notice, directive or order of the Inspector or to conduct any operation in a manner not in compliance with a permit issued pursuant to this Part 1. [Added 3-22-1988 by 1.1. No. 4-1988] B. For each offense against any of the provisions of this Part I or any regulation made pursuant thereto or failure to comply with a written notice or order of the Inspector within the time fixed for compliance therewith, the carter, owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Inspector shall, upon a first conviction thereof, be guilty of a 'fiolation an offense punishable by a fine ef.flet BReccding ~not to exceed five thousand ($5000.) dollars or imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within ~36 months thereafter, such person shall be guilty ofa violation punishable by a fine not olweeding $1,500 to exceed seven thousand five hundred ($7500.) dollars or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment. C. In addition to the above-provided penalties, the Board may also maintain an action or proceeding in the name of the District, in a court of competent jurisdiction, to compel Page 61 January 16,2007 Town of Southold Board Meeting Minutes compliance with or to restrain any injunction the violation ofthis Part I. Part 2 9215-45. Penalties for offenses; disconnection. A. Any person found to be violating any provision of this Part 2 except 9215-40 shall be served by the District with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. B. Any person who shall violate any provision of this Part 2 shall be filled lIot more tftaH $109 or imJ3RsBlled IIOt more thall 3 9 days or both l!uiltv of an offense punishable bv a fine not to exceed five thousand ($5000.) dollars or imprisonment for a period not to exceed 15 davs. or both such fine and imprisonment. Each day that any violation of this Part 2 continues and each day that any person continues to discharge prohibited wastes or substances into any public sewer shall be deemed to be a separate and additional offense for the J3lHJlose of IlflplyiRg the J3ellaltj' provided in this seetioll. C. Any person who fails to cease and desist violation of this Part 2 upon notification thereof may, after the period of time stated in the notice for correction thereof, be disconnected from the public sewer system. Notice of disconnection shall be served by the District not less than 10 days prior to the actual disconnection. Shellfish 9219-21. Penalties for offenses. [Amended 7-31-1973 by 1.1. No. 1-1973] A. Any person convicted of an offense against any provision of this article shall be deemed to have committed a violation against such article and also shall be liable for any such offense or penalty therefor. B. For every offense against any provision of this article, the person committing the same shall be subject to a fine ofllot more thlHl $259 not to exceed five hundred ($500.) dollars or imprisorunent not exceeding 15 days, or both such fine and imprisorunent. C. A second conviction for an offense against any ofthe provisions of this article within a period of one year shall constitute and effect an immediate forfeiture of a permit issued to such person. No new permit shall be issued to such person for at least one year after such forfeiture. D. Any person committing an offense against this article shall be subject to a civil penalty enforceable and collectible by the Town for each such offense. Such penalty shall be collectible by and in the name of the Town. Page 62 January 16,2007 Town of Southold Board Meeting Minutes E. In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the offense against this article. Subdivision of Land S 240-60. Penalties for Offenses. Anv person in A violation of anv provision of this chapter shall be euiltv of a violation punishable by a fine not eneeediBg that llefffiitted by ~ 2ag efNew York State Town La-v; to exceed one thousand ($1.000.) dollars or a period of incarceration not to exceed 15 davs or both such fine and imprisonment.. Eaeh week's eontiBlled ';ielatioB shall eOBstitllte a sellarate additioBal violatieB. This Local Law shall supercede and suspend those provisions of the Town Law Section 268(1) ofthe State of New York which pertain to the amount of the fines assessed and/or the terms of imprisonment imposed for a violation of this Chapter. or subsequent violations of this Chapter. Taxation S 245-5. Penalties for offenses. Any person that eOBvietioB ofhltviBg made any willful knowinelv makes a false statement in tRe-!!!..,application f-Elr S1wh e)[emptioB under this chapter. or who knowinelv allows a person to make a false statement in an application under this chapter and which application is filed with the appropriate assessine authority shall be euiltv of a violation punishable by a fine of not mere tfl!lll $100 to exceed one thousand ($1000.) dollars or a period of incarceration not to exceed 15 davs or both such fine and imprisonment. Upon conviction under this chapter. the person shall and shall be disqllalify the llfllllieant or aplllieant, disqualified from further applvine for an exemption under this chapter for a period of five years from the date of conviction. Tobacco Advertising 249-6._InjHBetioBs. Penalties for offenses. Anv person in violation of anv provision of this chapter is euiltv of an offense punishable bv a fine not to exceed one thousand five hundred ($1500.) dollars or a period of incarceration not to exceed 15 davs or both such fine and imprisonment. IB additioB te aFlJ' ether remedy llrovided by law, the TOWB may briBg aD iBjlHletioB llreeeediBg tEl eBforee this ehallter, Tourist and Trailer Camps S 253-19. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-1973] Page 63 January 16,2007 Town of Southold Board Meeting Minutes A. Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation punishable by a fine not elCeeesing $250 to exceed one thousand ($1000.) dollars or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and sistinet additional offense hereunder. B. In addition to the above-provided penalties, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this article. 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. I have a notice that it has appeared in the local Suffolk Times as a legal and it has also appeared outside on the Town Clerk's bulletin board and I don't believe that there are any further communications on this proposed local law. TOWN ATTORNEY FINNEGAN: I have one amendment on this, Chapter 240 section 60 which is subdivision of land, that fine should be $1,000 and it reads here as $10,000 but the proposed amendment is $1,000. SUPERVISOR RUSSELL: Would anybody like to come up to the Town Board and address items in this local law? (No response) Hearing none, can I get a motion to close? RESULT: CLOSED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: William P. Edwards, Councilman AYES; Krupski Jr., Edwards, Ross, Wickham, Evans, Russell 5. Statement COUNCILMAN KRUPSKI: Scott, I think if you want to vote no on something, you have to sit down here. SUPERVISOR RUSSELL: Yeah, that is right. People ask me, what is it like being the odd man out up here and I say, I don't know, you have got to talk to Albert directly. That concludes three public hearing, I think it concludes the business of the Town tonight, would anybody like to come up and address the Town Board on any issue of mutual interest? Page 64 January 16,2007 Town of Southold Board Meeting Minutes UNIDENTIFIED: Inaudible comments. SUPERVISOR RUSSELL: You know what? Come in and sit down and we will talk about all of those things but I need to know about them in order to do something about them and I hadn't heard about the complaints until you mentioned something. Would anybody else like to address the Town Board? Mr. Kayton? MR. KA YTON: Mr. Kayton, Laurel. How are we doing with that water situation down there? SUPERVISOR RUSSELL: We are working on it diligently. MR. KA YTON: I just had a few pictures for the Board to look at. Can I show them to them? SUPERVISOR RUSSELL: Sure. Please. This is a drainage issue on Bray Avenue. If you go down about % of the way there is a little road, I think it is called 4th Street that comes in and that is where all the water piles up, it is a low spot on the road. The Town owns the parcel right next to it that we use for drainage easements and we have underground drainage there. The problem is, I don't have, there is such a volume of water there, that I don't have a place to put the water. The underground catch basins, I am only about 4, 4 Yz to 5 feet to water, there is only so deep that I can go with that. But we are trying to work on the solution, I know that you have an issue, I am sure that you are going to mention the fence tonight but by all means. MR. KA YTON: Well, the fence doesn't have anything to do with the water but you have an underground system there that has been for 400 years (inaudible) at least, and if you put a computer on the whole problem, you will see exactly where the water goes. That has been going on a long time. It is costing the taxpayers a lot of money in town because every time it rains, they take the trucks down there, they put the signs up, a couple days later they take them down. It is about a 40, 45 mile job every time. They put two men in the truck, it has got to be going on, at least by now it probably has cost you about $40,000 and it just keeps going to waste, to waste. What is so hard about studying this problem? I don't understand it. SUPERVISOR RUSSELL: Let me just tell you something. Your solution, the location of that water drainage, was going to end up in a wetlands area. That is the historic war. It went down through that over to Sigsbee over to the wetlands. That is not, that is something that might have been planned 50 years ago but that is not an acceptable, appropriate solution today. We have learned that that is a bad thing to do, so we are trying to find alternatives to our drainage issue without relying on dumping road run-off into estuaries and into fragile creeks and eco-systems. That is the problem. That is a huge problem. I can go in and redefine the original drainage system but then I am going to have a problem with the DEC once the water starts going into that. I need a better option than using a fragile estuary for my road run-off. Down there and everywhere in Town. That is the struggle we are having with flooding all over Southold Town. I need places to put the volume of water. And we are trying all we can but the one place we can't put them is back into the creeks and into the ponds and into the marshland. MR KA YTON: Well, we have another lot right behind that. That is all part of the easement, Page 65 January 16, 2007 Town of Southold Board Meeting Minutes that is a big easement. Now, if someone built a building on here (inaudible) SUPERVISOR RUSSELL: Right. That's right. MR. KA YTON: Now if you put a big sump that would take care of the water. SUPERVISOR RUSSELL: A sump where the vacant lot is? MR. KAYTON: (Inaudible) SUPERVISOR RUSSELL: Well, I got a garage on one of them. The building permit was issued on that probably back in the early 70's. It is hard to... MR. KA YTON: (Inaudible) SUPERVISOR RUSSELL: Well, when was it done? MR. KA YTON: (Inaudible) SUPERVISOR RUSSELL: Oh, okay. Well, I wish that building permit was never written but it was. It was written when I was in high school. MR. KA YTON: (Inaudible) I have been down there for 50 years. SUPERVISOR RUSSELL: I know, Charlie. MR. KA YTON: And this is (inaudible) you have got to do something, you can't keep on talking about it. Take the building down, it don't belong on there, number one. I don't know how he got a building permit on an easement, I don't understand it. Do you? SUPERVISOR RUSSELL: No, I don't. Like I said, Charlie, that building permit was written when I was in the 10th grade and I agree with everything you said, it never should have been written but the problem I have is now, stepping in as the new supervisor, is to undo a building permit and a CO that was issued on a building 26 years ago. It is a very difficult legal challenge for me. To go down there and knock the building down would be wonderful but I don't have that legal authority. He has got a building permit and a CO for that and he owns the underlying fee to the property. What we had theoretically in the beginning was a drainage easement and somebody let that easement be pierced. How do I legally undo that? I can't address it with the building inspector, he is no longer among the living. I can't address it. I wish I could. MR. KA YTON: (Inaudible) SUPERVISOR RUSSELL: I hope not. I hope not. MR. KA YTON: If you want to leave it to me, I will take care of it. Page 66 January 16, 2007 Town of Southold Board Meeting Minutes SUPERVISOR RUSSELL: That is what I am afraid of, Charlie. That is what I am afraid of. MR. KA YTON: (Inaudible) SUPERVISOR RUSSELL: The grievance here is with the building permit that shouldn't have been written but it was written and CO'ed 26 years ago, actually a little bit longer than that. MR. KA YTON: (Inaudible) happens to the best of us. (Inaudible) SUPERVISOR RUSSELL: Thanks, Charlie. Yes, would anybody else like to address the Town Board? Let me just tell you, after the meeting I am going to hook up with you. We are going to sit down and talk with Pat and another Town Attorney at the end of this week. Okay? On that issue and what my legal options are. Would anybody else like to address the Town Board? Mr. Carlin. FRANK CARLIN: Good evening, ladies and gentlemen of the Board. Frank Carlin, Laurel. Mr. Wickham, how is the animal shelter coming along? COUNCILMAN WICKHAM: The plans for the animal shelter, the bid documents are under preparation, we received a letter from the firm that we contracted with the provide those bid documents, they are supposed to be with us by the end of the month, probably within about a week of today. We expect them to have those bid documents, we expect to take an action on the part of the Board to go out for bid based on those documents. We anticipate getting bids within say, two months, and I believe that there is strong support across the entire Board to move ahead expeditiously on this project. The plans have been carefully pared back so as to conform to the budget that the Town has available for the work. MR. CARLIN: Number one, why is the company in Connecticut taking so long with these plans? COUNCILMAN WICKHAM: The company in Connecticut said that they would... MR. CARLIN: ...an extension... COUNCILMAN WICKHAM: They said that they would try to have it just before Christmas, MR. CARLIN: Yeah. COUNCILMAN WICKHAM: There are four different parties in different places all contributing to this. Two firms on Long Island, the one in Connecticut and a fourth one. There is communication among them, there is also questions that came from the Town, the Town had to give some answers to these questions and it slipped past the holidays. MR. CARLIN: You know, Mr. Wickham, sometimes too many hands in a pot will spoil the soup, you know that? Page 67 January 16,2007 Town of South old Board Meeting Minutes COUNCILMAN WICKHAM: It does happen sometimes. MR. CARLIN: And we are to a point now where we are still waiting for this organization, whatever you want to call them, from Connecticut to review the plans? COUNCILMAN WICKHAM: To prepare bid documents that will go out to various contractors bidding on the construction work itself. And there are several different documents. There is one for the general contractor. There is one for the plumbing group. There is one for the electrical, there is one for the HV AC. Each one, everything has to be specified carefully to be sure that the whole thing fits together. There is a lot of coordination among them. MR. CARLIN: Didn't you say back in 2005 that when you took over from Bill Moore that you were going to review the plan and that you would have a plan within two weeks? COUNCILMAN WICKHAM: No. MR. CARLIN: Well, you did, what do you mean? COUNCILMAN WICKHAM: I never said that I would do something like that within two weeks. MR. CARLIN: Well, you said that we would look into this plan and that we should have something running within two weeks. I can show you right in the Suffolk Times copy of the paper. COUNCILMAN WICKHAM: There is no way we can prepare bid documents in even two months, much less two weeks. I am sure I didn't say that. MR. CARLIN: Didn't you also say that we should start from the beginning again? COUNCILMAN WICKHAM: I said that we should start with a careful delineation of what the needs are going to be at an animal shelter before we start trying to design a building for it, that is what I said. MR. CARLIN: But wasn't there a study that maybe three years before that, even, and then you come along and say, well, we should start from the beginning again? COUNCILMAN WICKHAM: I am not clear what was done before.... MR. CARLIN: I know you are not clear. COUNCILMAN WICKHAM: But it was clear to me when I took on that responsibility that we needed to begin with a so-called program statement as to what that building will do, and that is what we did do. Page 68 January 16, 2007 Town of South old Board Meeting Minutes MR. CARLIN: I am going to say it tonight. . . COUNCILMAN WICKHAM: Go ahead, I am listening. MR. CARLIN: I don't beat around the bush. You can't handle the job, you should put somebody else in responsibility, because you are not handling the job. COUNCILMAN WICKHAM: Well, MR. CARLIN : You are making all kinds of excuses here. This has been going on now for 19 years and these animals, I went to Southampton, I was invited to Southampton to tour their animal shelter over there, about a month ago. Beautiful animal shelter. I was invited from Southampton to review their senior citizen building, a brand new, like Riverhead has. We don't even have one, we have one here in Peconic that is falling apart. But I don't think you are doing your job, I think you should remove yourselffrom it. COUNCILMAN WICKHAM: I am not handling this project, Frank. I am one Town Board member who has continued to have an interest in this project. I have continued to be a liaison to the Board and to the group that is doing the work. I am not the only person and I am not really handling it. But I have taken an active interest in it and I think I have helped move the project ahead. MR. CARLIN: What do you mean you are not handling it? You was appointed as Committee member to handle it, wasn't you? COUNCILMAN WICKHAM: Yes. MR. CARLIN: I mean, what are you saying you are not involved... COUNCILMAN WICKHAM: I didn't say I am not involved, I said I am not handling the whole project. MR. CARLIN: You are not handling it, well, what are you doing than? COUNCILMAN WICKHAM: I am a Town Board member who has tried to assist in the coordination between the corporation and the Town Board to bring this matter ahead as quickly as we can. MR. CARLIN: This Town Board can't move along with anything, you can't move along with anything. COUNCILMAN WICKHAM: We are moving along and we will have the bid documents probably by the time the Board meets at its next meeting. Page 69 January 16,2007 Town of Southold Board Meeting Minutes MR. CARLIN: And you expect to start in the spring? COUNCILMAN WICKHAM: Yes. Yes. I do expect.. SUPERVISOR RUSSELL: Let me just, one of my biggest disappointments of my first year here is the delay in getting this done but given the circumstances and current markets, it was bound to happen. I have talked to the firm. The plans and the bid specs are any day, I know that this Board, I could very well get booted out in November, I am cognizant of that but I will tell you, one thing that is going to be done before I leave and that is going to be have a new animal shelter because I don't think the community wants to talk about it anymore, they just want to build it and get it done. I know Tom is committed to it, I know Dan, Bill, the rest of them. We have a good plan out there now and come hell or high water, we are going to get that building done this year. And you can quote me on that. MR. CARLIN: I hope so because you went through five plans already. SUPERVISOR RUSSELL: I know. MR. CARLIN: And you went through six Boards already, I can remember. Nineteen years. SUPERVISOR RUSSELL: Well, if I do nothing else, it will be to build an animal shelter and to ban peacocks townwide. COUNCILMAN WICKHAM: What will you do with Albert? SUPERVISOR RUSSELL: Huh? COUNCILMAN WICKHAM: What will you do with Albert? SUPERVISOR RUSSELL: Five to one, baby. Five to one, AI. MR. CARLIN: The longer you wait, the more it is going to cost. SUPERVISOR RUSSELL: I know and I think that one of the culprits here is the town on the current cost because of just market forces but we are in the situation we are in and there is nothing we can do but hurry up and get it done just as quickly as we can. I know this Board is very committed to it and we are very close to getting those plans and those bid specs back. And I hope they are complete and absolutely immaculate because I want to go to bid right away. MR. CARLIN: I hope so. I have two food for thoughts. I would suggest that we pass a resolution to keep the supervisor for four years and the council people for two. Now, I know that is impossible to pass through this Board because it would never pass this Board with four Democrats on it but put it as a proposition in the next election and let the people decide that. JUSTICE EVANS: You do know that after the next election the term for supervisor will be four Page 70 January 16,2007 Town of Southold Board Meeting Minutes years. COUNCILMAN ROSS: It was mostly the people on this Board that made the supervisor's term four years, Frank. MR. CARLIN: He is for four years now? SUPERVISOR RUSSELL: If I win the next election, I will be serving a four year term. MR. CARLIN: I want the council men on for two years. COUNCILMAN ROSS: We didn't do that. We haven't done that yet, Frank. COUNCILMAN WICKHAM: We understand that. MR. CARLIN: Well, let's do that. COUNCILMAN ROSS: We will take it up at the next meeting, Frank. MR. CARLIN: Do that for me, okay? One more food for thought, that Laurel Lake preservation, across from my house. It is a beautiful place, beautiful building. Will you tell Jim McMahon that that could be used for the Town to make some money on. Beautiful property, should make some money on it. SUPERVISOR RUSSELL: That is food for thought. MR. CARLIN: Make some money on that. Be like Mayor Kapell does, use the carousel to make money, use the antenna to rent out for communications; that is a beautiful spot across my house. It would make a beautiful pavilion. SUPERVISOR RUSSELL: I think that is an excellent idea. A user fee. That is an excellent idea, establish a user fee. That is an excellent idea, we should talk about the long term issues.... ... MR. CARLIN: Long term issue? Let's make some money on it. A long term issue, that is 19 years. SUPERVISOR RUSSELL: The problem is, the public paid for that. The public paid for that and how much I could charge them, those are the legal issues we have to look at. MR. CARLIN: I know a lot of people that want that for a wedding, beautiful scenery in there, especially in the summer time. A beautiful building. They could put up a tent or whatever you want. SUPERVISOR RUSSELL: That is a good idea. Page 71 January 16, 2007 Town of South old Board Meeting Minutes MR. CARLIN: Let's start making some money for the taxpayers here. That is all I have to say tonight. SUPERVISOR RUSSELL: Thanks, Mr. Carlin and just so you know, the Board does listen. When you were up here, you talked about the senior center in Peconic and we do respond, within two weeks we had a capital project in place to make repairs there. You were talking about poor striping in the roads, within two weeks, so we do listen. Maybe we don't act as quickly as you like but we do try to listen. MR. CARLIN: Got one more thing. SUPERVISOR RUSSELL: Oh, I am sorry. MR. CARLIN: I wanted to, my friend is here, Karen McLaughlin is doing a wonderful job at the nutrition center. I want to compliment, you have got a wonderful lady here who is doing a wonderful job for the senior citizens. SUPERVISOR RUSSELL: Thank you, Mr. Carlin. Would anybody else like to come up and address the Town Board on any issue? Yell at us for anything? (No response) Hearing none, I move to close. 6. Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOL YED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:40 P.M. . . . . . ~aY)~'<e~ Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Scott Russell, Supervisor SECONDER: Daniel C. Ross, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Page 72