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HomeMy WebLinkAboutTB-01/30/2007 ELIZABETH A. NEVILLE TOWN CLERK Town Hall, 53095 Main Road POBox 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES January 30, 2007 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, January 30, 2007 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 4:30 PM with the Pledge of Allegiance to the Flag. Attendee Name Organization Title Status Arrived Albert Krupski Jr. Town of Southold Councilman Present William P. Edwards Town of Southold Councilman Present Daniel C. Ross Town of South old Councilman Present Thomas H. Wickham Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice Present Scott Russell Town of South old Supervisor Present Elizabeth A Neville Town of South old Town Clerk Present Patricia A Finnegan Town of South old Town Attorney Present I. Reports 1. Island Group Claim Lag Report 1/1/06 - 12/31/06 Claims 2. Animal Shelter December 2006 3. Recreation Department 2006 Annual Receipts & Disbursements Report II. Public Notices 1. Renewal of Liquor License with NYS Liquor Authority Page I January 30, 2007 Town of Southold Board Meeting Minutes Griswold- Terry-Glover Post 803, Southold American Legion, 51655 Main Road, Southold 2. Renewal of Liquor License with NYS Liquor Authority Laurel Links Country Club, Route 25, Laurel 3. Renewal of Liquor License with NYS Liquor Authority North Fork Country Club, Route 25, Cutchogue 4. Renewal of Liquor License with NYS Liquor Authority Orient by the Sea Marina, Main Rd., Orient III. Communications IV. Discussion 1. 9:00 Am Request for Marathon Running Event JP Latkovic 2. Solid Waste District Budget Deficit 3. Island Group Review 4. Violence Prevention In the Workplace S. prr Clerk Typist to Account Clerk Promotion 6. FI Sewer District Letter Judge Evans 7. Request for Amendment to Water Map 8. Code Enforcement Update - Rental Permit - Violation Policy 9. Status Updates - TDR -RID - Drainage Code - Peconic School 10. 1 :00 Pm - Executive Session Page 2 January 30, 2007 Town of Southold Board Meeting Minutes Personnel - Lloyd Reisenberg 11. Executive Session Personnel - HRC V. Minutes Approval 1. Tuesday, December 05, 2006 2. Tuesday, December 19, 2006 VI. Resolutions 1. Statement SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. Would anybody like to come before the Town Board and discuss any issue as it appears on the agenda? Mrs. Egan. JOAN EGAN: Joan Egan, East Marion. Happy new year to everybody. I have been away for a while but I have been watching you on television and you all (inaudible) my letter in the paper. Now, I notice that you had, of course, we will review that somebody up there did check the criminal court records for the period here and see what happened to our town but I do notice that you had on page one public notices for the liquor. Renewal of liquor licenses. How do you ascertain that you want to renew them? SUPERVISOR RUSSELL: We don't. The state of New York, state liquor authority, establishes all rules, criteria and protocol for renewal of the liquor license and at the end of the day, they are the sole decision maker in renewal of liquor licenses. That is simply a requirement. . . MS. EGAN: It has to come before you at some period. SUPERVISOR RUSSELL: Only the notice. We do not have any discretion in terms of we don't vote on any of those renewals. They are just simply noticed to the public that a renewal has been asked for but we have no discretion to vote on them either way. MS. EGAN: You do have some discretion in regard if a new restaurant opens if they want to apply to you to get a liquor license, don't you have some input or jurisdiction there? SUPERVISOR RUSSELL: No. The only jurisdiction we would have is on the zoning and ifthe zoning allows for a restaurant, then they are entitled to everything that comes with that use as a restaurant. We do not have the authority to say, well, we are going to let you have a restaurant but it does have to be a dry restaurant, you can't serve alcohol. The zoning allows for a restaurant, then it is up to them and the state of New York as to whether they qualify for a liquor license. Page 3 January 30, 2007 Town of South old Board Meeting Minutes MS. EGAN: Oh, okay. Now, I do also notice that you had code enforcement update and you know, I very much agreed all along that the penalties for violation should be upgraded because as we reviewed, a lot of them weren't paying any attention and it was cheaper to pay the cheaper fine and let it go. So, from what I hear, since they will be upgraded, you may need another code enforcer. You can't expect our police department to do it because we don't have enough police officers to cover what needs to be covered by police officers. Now, is there, you have Eddie Forrester and I guess he makes a pretty good salary and of course, I don't know how long he is going to remain with the town but what I am getting at is if you outstanding debts from people who have violated in the amount of let's say $3,000, $4,000, $5,000 which can happen with interest rates going up, that you have to hire somebody and you can't hire anybody for less than $10,000 or $20,000 even part-time, so I think you have to start thinking if there is somebody that we have here that could do that code enforcing, rather than create a new job. I think you have to keep that in mind. I think it is a good point to keep in mind, okay? Oh, item 131, again, a Connecticut company? Hello? Anybody awake up there? SUPERVISOR RUSSELL: We are all awake. MS. EGAN: Let's answer the question. COUNCILMAN WICKHAM: What is the question? SUPERVISOR RUSSELL: Oh, I didn't hear the question. I am sorry. MS. EGAN: Well, the question is why are we using a Connecticut company? SUPERVISOR RUSSELL: That is a Fishers Island, that is for the Fishers Island solid waste district and Meridan, Connecticut is within a few minutes of Fishers Island. It was the cheapest bid. MS. EGAN: Okay. Okay. That sounds reasonable. Oh, what is 136 all about? Mr. Wickham? Your head is falling off today? COUNCILMAN WICKHAM: No. SUPERVISOR RUSSELL: That establishes the annual contract (tape malfunction) (tape resumes) MS. EGAN: Item 141, you have somebody retiring from Highway Department. Are we replacing that person or ... SUPERVISOR RUSSELL: That IS something we will have to talk to the Highway Superintendent about. MS. EGAN: Oh, he is not here. Page 4 January 30, 2007 Town of South old Board Meeting Minutes SUPERVISOR RUSSELL: He submitted early for retirement that won't take effect until April, so we will have time to. . . MS. EGAN: Oh, we have time. I hear your little mail lady is still at Peconic Landing, you know, recuperating. Still kind of depressed. Oh, 144, the traffic signal. Not only did put the traffic signal up there at Mattituck, they really reduced it back down to 25 mph. I was delighted. When will the flashing lights be at any ofthese? SUPERVISOR RUSSELL: I don't believe we are going to install flashing lights. We are going to install traffic signals. MS. EGAN: Uh,just flashing lights? SUPERVISOR RUSSELL: No, regular signals. I believe that is for a red light, green light, yellow light signals. MS. EGAN: By the school? COUNCILMAN WICKHAM: Cox Neck Road. MS. EGAN: Pardon? COUNCILMAN WICKHAM: Cox Neck Road and Route 48 in Mattituck. MS. EGAN: No, I am talking about schools. SUPERVISOR RUSSELL: Oh, those? Greenport's should be up shortly. Mattituck's was just approved for financing from the state. We just sent our memorializing agreement agreeing to it, so that should be done shortly. I will check with the DOT for you. MS. EGAN: Good. Oh, item 148. That is Mr. Bunchuk at the dump and 1 don't understand all these trips and going away. 1 think he did one in October or November and it cost the Town a lot of money. So, you have to go to Albany and he has a family and I think you have to start thinking very carefully on sending people on these trips. It is a nice little bonus but I don't know ifit is truly necessary, that it can't be handled by phone, computer, whatever. I think you have to really start cutting back on those, I truly do. What is 150 all about? SUPERVISOR RUSSELL: 150 is a closing that will take place with the County of Suffolk for the site in Mattituck which was identified for the affordable housing. The Cottages in Mattituck. MS. EGAN: Yeah. SUPERVISOR RUSSELL: What will happen is Suffolk County will close with Southold Town, I believe Southold Town will then close with the Community Housing fund, which will be the Page 5 January 30, 2007 Town of Southold Board Meeting Minutes group that constructs the housing. MS. EGAN: Okay. SUPERVISOR RUSSELL: The reason I believe the Town is engaged in that is that we have covenants in place that we want to place on those for the perpetuity of the affordable housing legislation. MS. EGAN: Good. This book wasn't in the small print that I got earlier, this is wrong. Nobody has time to review all ofthis. Now, 152, you are talking about fences? SUPERVISOR RUSSELL: Yes. For the agricultural community. And that is the town is passing a resolution supporting federal and state offsets to costs for pest control, fencing. Because deer fencing is becoming a critical component of any agricultural operation because of the losses they are suffering from the deer as they move. MS. EGAN: Yeah, it is a problem all over, not only for the farmers but for the cars. SUPERVISOR RUSSELL: Yeah. Allstate might pay us for fencing for the North Road. MS. EGAN: Well, I got bumped by one in front of the Sterlington cemetery. It was a big buck and he got away, thank god, but he destroyed the car. Well, you have a lot of acquisition of property and as I have said a million times here, I always worry about the town getting too much land in their name and will it really always stay preserved? That is it for now. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on any issue on the agenda? (No response) Hearing none, can we move forward? 2007-129 CATEGORY: DEPARTMENT: Audit Town Clerk Audit 1/30/07 RESOLVED that the Town Board of the Town of South old hereby approves the audit dated January 30, 2007. ./ Vote Record - Resolution RES-2007-129 Yes/Aye NolNay Abstain Absent 6'1 Adopted Albert.Krupski Jr. Voter 6'1 0 0 0 0 Adopted as Amended William P. Edwards Voter 6'1 0 0 0 0 Defeated Daniel C. Ross Voter 6'1 0 0 0 0 Tabled Thomas H Wickham Seconder 6'1 0 0 0 0 Withdrawn Louisa P. Evans Initiator 6'1 0 0 0 Scott Russell Voter 6'1 0 0 0 Page 6 January 30, 2007 Town of Southold Board Meeting Minutes 2007-130 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Next Meeting February 13, 2006 7:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, February 13,2007 at the Southold Town Hall, Southold, New York at 7:30 p, M.. ./ Vote Record - Resolution RES-2007-130 Yes/Aye NolNay Abstain Absent iii Adopted Albert Krupski Jr. Voter iii 0 0 0 0 Adopted as Amended William P. Edwards Voter iii 0 0 0 0 Defeated Daniel C. Ross Voter iii 0 0 0 0 Tabled Thomas H. Wickham Seconder iii 0 0 0 0 Withdrawn Louisa P. Evans Initiator iii 0 0 0 Scott Russell Voter iii 0 0 0 2007-131 CATEGORY: DEPARTMENT: Bid Acceptance Solid Waste Management District Tire Disposal Bid RESOLVED that the Town Board ofthe Town of South old hereby accepts the OPTION #1 bid of Meridian, Inc. of Plainfield, CT to supplv the town with scrap tire removal and disposal services in the amount of$ 1,350 per trailer load, all in accordance with the Town Attorney. ./ Vote Record ~ Resolution RES-2007~131 Yes/Aye No/Nay Abstain Absent Ii'I Adopted Albert Krupski Jr. Initiator Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'I 0 0 0 0 Defeated Daniel C. Ross Seconder iii 0 0 0 0 Tabled Thomas H. Wickham Voter iii 0 0 0 0 Withdrawn Louisa P. Evans Voter iii 0 0 0 Scott Russell Voter Ii'I 0 0 0 2007-132 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Clerk Amend Resolution 2006-895 RESOLVED that the Town Board of the Town of South old hereby amends resolution 2006- 895, adopted at the November 21, 2006 rel!.ular Town Board meetinl!. to read as follows: Page 7 January 30, 2007 Town of Southold Board Meeting Minutes RESOLVED that the Town Board of the Town of South old hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement with Canon Business Solutions - East Inc. in connection with the lease of one (I) Canon IR2270 copy machine for use by the Southold Town Recreation Department at a monthly cost 0[$183.42 $201.59 for a period of 48 months from date of installation, all in accordance with the approval of the Town Attorney. "Vote Record - Resolution RES-2007-132 Yes/Aye NolNay Abstain Absent 1<1 Adopted Albert Krupski Jr. Voter 1<1 0 0 0 0 Adopted as Amended William P. Edwards Initiator 1<1 0 0 0 0 Defeated Daniel C. Ross Seconder 1<1 0 0 0 0 Tabled Thomas H. Wickham Voter 1<1 0 0 0 0 Withdrawn Louisa P. Evans Voter 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2007-133 CATEGORY: DEPARTMENT: Employment - Town Accounting Amend Resolution 127 Hiring Michael Prendergast RESOLVED that the Town Board of the Town of South old hereby amends resolution 2007- 124 adopted at the January 16.2007 reeular Town Board meetine to read as follows: RESOLVED that the Town Board of the Town of South old hereby appoints Michael J. Prendergast to the position of part-time Custodial Worker I for the Buildings and Grounds Department not to exceed four (4) days per week not to exceed twenty (20) hours per week, at a rate of $16.11 per hour, effective January 18.2007. ./ Vote Record ~ Resolution RES-2007-133 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 Initiator 1<1 0 0 0 0 Tabled Thomas H. Wickham Voter 1<1 0 0 0 0 Withdrawn Louisa P. Evans Seconder 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2007-134 CATEGORY: DEPARTMENT: Authorize to Bid Town Clerk Page 8 January 30, 2007 Town of Southold Board Meeting Minutes Advertise for Excavator RESOLVED that the Town Board of the Town of South old hereby authorizes and directs the Town Clerk to advertise for bids for one (1) 2000 or newer Rubber Tire Hydraulic Excavator. or eaual, for use at the Highway Department. ./ Vote Record - Resolution RES-2007-134 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert KrupskiJr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-135 CATEGORY: DEPARTMENT: Authorize to Bid Town Clerk Advertise for Tractors - Highway RESOLVED that the Town Board of the Town of South old hereby authorizes and directs the Town Clerk to advertise for bids for two (2) 2007 John Deere 5525 Tractors, each equipped with a 75 inch wide, right side-mounted, flail mower, or equal, for use at the Highway Department. ./ Vote Record - Resolution RES-2007-13S 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 Voter 6'1 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 2007-136 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes Supervisor Scott A. Russell to Exercise the Town's Option to Renew Its Agreement with Care Environmental Corp.for Household Hazardous Waste Removalfor the Period of 1/07 Through 12/07 RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to exercise the Town's option to renew its al!:reement with Care Page 9 January 30, 2007 Town of South old Board Meeting Minutes Environmental Corp. for Household Hazardous Waste Removal for the period of 1/07 throul!:h 12/07, subject to the approval of the Town Attorney. '" Vote Record - Resolution RES-2007-136 Yes/Aye NolNay Abstain Absent "" Adopted Albert Krupski Jr. Initiator "" 0 0 0 0 Adopted as Amended William P. Edwards Voter "" 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 Seconder "" 0 0 0 Scott Russell Voter "" 0 0 0 2007-137 CATEGORY: DEPARTMENT: Seqra Land Preservation FInd No Significant Impact on the Environment and Declares a Negative Declaration Pursuant to SEQRA Rules and Regulations for the Purchase of Arrieta WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on a certain parcel of property owned by Allan Arrieta pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Code of the Town of Southold. Said property is identified as part of SCTM # I 000-94-3-1.3. The address is 3305 Oregon Road, Mattituck, New York, and 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 (subject to survey) of the 12.5010 acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $78,000 (seventy-eight thousand dollars) per buildable acre plus acquisition costs; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further Page JO January 30, 2007 Town of South old Board Meeting Minutes RESOLVED by the Town Board of the Town of South old that the Town of South old is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of the Town of Southold hereby finds no sie:nificant impact on the environment and declares a nee:ative declaration pursuant to SEORA Rules and Ree:ulations for this action. ./ Vote Record - Resolution RES-2007-137 Yes/Aye NolNay Abstain Absent 0 Adopted Albert Krupski Jr. Seconder 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 Voter 0 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 0 Scott Russell Voter 0 0 0 0 2007-138 CATEGORY: DEPARTMENT: Seqra Land Preservation Find No Significant Impact on the Environment and Declares a Negative Declaration Pursuant to SEQRA Rules and Regulations for the Purchase of Macari Property WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on a certain parcel of property owned by Macari Associates LLC pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-96-2- 10. The address is 4735 Cox Lane, Cutchogue, New York, and is located on the southwesterly side of Cox Lane, approximately 500 feet southeasterly from the intersection of Cox Lane and 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"= acres (subject to survey) of the 27"= acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner. The Page 11 January 30, 2007 Town of South old Board Meeting Minutes purchase price for the easement is $72,000 (seventy-two thousand dollars) per buildable acre plus acquisition costs; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of the Town of South old hereby finds no silmificant impact on the environment and declares a nel!:ative declaration pursuant to SEORA Rules and Rel!:ulations for this action. ./ Vote Record - Resolution RES-2007-IJ8 Yes/Aye NolNay Abstain Absent It! Adopted Albert Krupski Jr. Voter It! 0 0 0 0 Adopted as Amended William P. Edwards Voter It! 0 0 0 0 Defeated Daniel C. Ross Initiator It! 0 0 0 0 Tabled Thomas H. Wickham Seconder It! 0 0 0 0 Withdrawn Louisa P. Evans Voter It! 0 0 0 Scott Russell Voter It! 0 0 0 2007-139 CATEGORY: DEPARTMENT: Seqra Land Preservation Find No Significant Impact on the Environment and Declares a Negative Declaration Pursuant to SEQRA Rules and Regulations for the Purchase of East Coast Residential Property WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on a certain parcel of property owned by East Coast Residential LLC pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Code of the Town of Southold. Said property is identified SCTM #1000-69-3-9.3. The Page 12 January 30, 2007 Town of Southold Board Meeting Minutes address is 2340 Ackerly Pond Lane, Southold, New York, and 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 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 I6:!o acres (subject to survey). The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee. The purchase price for the easement is $72,000 (seventy-two thousand dollars) per buildable acre plus acquisition costs; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of the Town of Southold hereby finds no sienificant impact on the environment and declares a neeative declaration pursuant to SEORA Rules and Reeulations for this action. ./ Vote Record - Resolution RES-2007-139 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-140 CATEGORY: DEPARTMENT: Employment - Town Town Clerk Page 13 January 30, 2007 Town of Southold Board Meeting Minutes Charles King Retire RESOLVED that the Town Board of the Town of Southold hereby accepts the letter of intent to retire from Charles T. Kin!! from his position as a Deputy Superintedant in the Hi!!hwav Department, effective March 30, 2007. ./ Vote Record ~ Resolution RES-2007-140 Yes/Aye NolNay Abstain Absent I1l Adopted Albert Krup*iJr. Voter I1l 0 0 0 0 Adopted as Amended William P. Edwards Voter I1l 0 0 0 0 Defeated Daniel C. Ross Voter I1l 0 0 0 0 Tabled Thomas H. Wickham Initiator I1l 0 0 0 0 Withdrawn Louisa P. Evans Seconder I1l 0 0 0 Scott Russell Voter I1l 0 0 0 2007-141 CATEGORY: DEPARTMENT: Employment - Town Town Clerk Eugene Moisa Retire RESOLVED that the Town Board ofthe Town of South old hereby, accepts the letter of intent to retire from Eu!!ene Moisa from his position as a Heavv Equipment Operator in the Hi!!hwav Department, effective April II, 2007. ./ Vote Record - Resolution RES-2007-141 Yes/Aye NolNay Abstain Absent I1l Adopted Albert Krupski Jr. Initiator I1l 0 0 0 0 Adopted as Amended William P. Edwards Seconder I1l 0 0 0 0 Defeated Daniel C. Ross Voter I1l 0 0 0 0 Tabled Thomas H. Wickham Voter I1l 0 0 0 0 Withdrawn Louisa P. Evans Voter I1l 0 0 0 Scott Russell Voter I1l 0 0 0 2007-142 CATEGORY: DEPARTMENT: Authorize to Bid Town Clerk Advertisefor Vehicle for Highway RESOLVED: that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for a new 2007 4x4 FORD Expedition XLT EL Vehicle. or equal. for use at the Highway Department. Page 14 January 30, 2007 Town of Southold Board Meeting Minutes ./ Vote Record - Resolution RES-2007~142 Yes/Aye NO/rllay Abstain Absent It! Adopted Albert Krupski Jr. Seconder It! 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'I 0 0 0 0 Defeated Daniel C. Ross Voter Ii'I 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'I 0 0 0 Scott Russell Voter Ii'I 0 0 0 2007-143 CATEGORY: DEPARTMENT: Bid Acceptance Town Clerk Sale of Surplus Equipment - Highway RESOLVED that the Town Board of the Town of Southold hereby approves the sale of one (1)1956 Walter Snow Fie:hter (Vehicle Identification Number #567721) to the Town of Riverhead. which equipment was recentlv declared as "surplus," for the sum of $2.000.00. -/ Vote Record - Resolution RES-2007-143 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 2007-144 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Traffic Signal Agreements Between the County of Suffolk and the Town of Southo/d RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Traffic Sil!:Dal Al!reements between the County of Suffolk and the Town of Southold for the installation and maintenance of traffic signals at CR 48, Middle Road @ Cox Neck Road/Sound Avenue, Mattituck, subject to the approval of the Town Attorney. Page 15 January 30, 2007 Town of Southold Board Meeting Minutes ., Vote Record - Resolution RES-2007~144 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 2007-145 CATEGORY: DEPARTMENT: Organizational Town Clerk Advertise for Resumes to Board of Trustees' Shellfish Advisory Comm RESOLVED that the Town Board of the Town of South old hereby authorizes and directs the Town Clerk to advertise for resumes for members to the Board of Trustees' Shellfish Advisory Committee. ./ Vote Record - Resolution RES-2007-145 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'! 0 0 0 Scott Russel I Voter Ii'! 0 0 0 2007-146 CATEGORY: DEPARTMENT: Budget Modification Accounting Capital Budget for Printers RESOLVED that the Town Board of the Town of South old hereby authorizes the establishment of the following Capital Project in the 2007 Capital Budget: Capital Project Name: Printers Financing Method: Transfer from General Fund Whole Town Budget: Revenues: H.5031.35 Interfund Transfers $5,000 Appropriations: H.1680.2.600.100 Central Data Processing Capital Outlay Page 16 January 30, 2007 Town of Southold Board Meeting Minutes Workstations & Printers $5,000 .f' Vote Record - Resolution RES-2007.146 Yes/Aye NolNay Abstain Absent Iil Adopted Albert Krupski Jr. Initiator Iil 0 0 0 0 Adopted as Amended William P. Edwards Seconder 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 Voter Iil 0 0 0 Scott Russell Voter Iil 0 0 0 2007-163 CATEGORY: DEPARTMENT: Budget Modification Town Clerk Budget Modification - Police Dept RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 General Fund Whole Town bude:et as follows: From: A.3020.1.l 00.1 00 A.302004.IOO.550 A.302004o400.600 A.3120.1.l 00.1 00 A.3120.1.200.100 A.3120.1.300.100 A.3120.1.300.200 A.3120.2.200.200 A.3120.2.300.100 A.3120.2.500.350 A.3120.2.5000400 A.3120.2.500.850 A.312004.100.100 A.312004.100.200 A.312004.100.500 A.312004.100.550 A.312004.100.600 A.312004.100.700 A.3120.4.100.750 A.3120.4.100.800 A.312004.100.900 A.312004o400.700 A.312004o400.800 A.312004.600.100 Full Time Employee Equipment Parts/Supplies Equipment Maint & Repairs Full Time Employee Regular Earnings Regular Earnings Overtime Earnings Chairs Automobiles Trailer & Safety Seats Radio Equipment Traffic Cones Office Supplies & Stationery Gasoline & Oil Tires Flares, Oxygen, Ammunition Uniforms Prisoner Food K9 FoodNet Bills First Aid Supplies Miscellaneous Supplies Vehicle Impound Photo Service Confidential Informant $ 130,161.00 376.50 698.72 775.10 1,912.66 13,810.85 1,719.71 111.20 44.25 76.29 31.00 118.00 1,694046 1,869.56 826.18 145.88 4,355.57 206.90 166.26 98.31 221.77 1,111.39 725.23 274.00 Page 17 January 30, 2007 Town of Southold Board Meeting Minutes A,312004.600.200 A.312004.600.300 A.312004.600o400 A,312004.600.600 A,3130.1.200.100 A,3130.1.300.l 00 A.3130.1.300.200 A.313004.100.l 00 A.313004.IOO.200 A,313004.I00.500 A.313004o400.600 A.3130.40400.800 A.313004.600.200 A.313004.600.600 A,315704.100.l00 A.315704.I00.150 A.3157 .4.100.200 A.315704.600.l50 A,3640.2.500.600 A,3640.2.500.700 A.3640.4.200.100 A,364004.600.200 A,199004.I00.200 TO: A.3020.1.100.200 A.3020.1.100.300 A,3020.I.I000400 A.3020.1.100.500 A.3020.2.200.700 A,302004.I00.600 A,302004.200.100 A,3120.1.100.200 A,3120.1.l 00.300 A,3120.1.l000400 A.3120.1.l00.500 A.312004o400.400 A,312004o400.600 A,312004o400.650 A,312004o400.925 A,312004.500.200 A.3130.1.l 00.100 A.3130.1.l 00.200 A.313004.I00.600 A,313004.200.100 Police Officer Training Travel Reimbursement Inoculations Dues & Subscriptions Regular Earnings Regular Earnings Overtime Earnings General Supplies Gasoline & Oil Equipment Parts/Supplies Buoy Maintenance FI Dock Rental Meetings & Seminars Dues & Subscriptions Consumable Supplies Presentation Materials Gasoline & Oil Student Supplies Shelter Equipment Communication Equipment Telephone Meetings & Seminars Police Retirement Reserve Overtime Earnings Vacation Earnings Sick Earnings Holiday Earnings Communication Equipment Uniforms & Accessories Telephones Overtime Earnings Vacation Earnings Sick Earnings Holiday Earnings Laundry & Dry Cleaning Radar/Equipment Maint Vehicle Maintenance SANE Nurse Interpreter Service Regular Earning Overtime Earnings Uniforms & Accessories Cellular Phone 5,649.60 100.00 1,700.00 330.00 7,952046 26,772.64 76.78 19404 7 43.22 188.99 135.86 3,600.00 150.00 50.00 50.00 180.00 $ 800.00 25.39 13.54 2,000.00 72.70 1,382.00 41,190.29 $ 30,936.72 3,761.28 18,068.87 10,093.03 272.28 396.65 3,427044 90,937.15 32,737043 21,418.57 23,344.34 2,957.50 37.28 1,956043 175.00 102.50 9,005.61 123.19 35.95 476.78 Page 18 January 30, 2007 Town of Southold Board Meeting Minutes A.3130.4.400.650 A.3130.4.500.400 A.3157.4.600.200 A.3640.1.200.100 A.3640.4.400.100 Vehicle Maintenance Fishers Island Constable Training Regular Earnings FI Deputy Coordinator 1,922.54 414.62 88.07 999.50 500.00 "Vote Record ~ Resolution RES-2007-163 Yes/Aye NolNay Abstain Absent 0 Adopted Albert Krupski Jr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Seconder 0 0 0 0 0 Withdrawn Next: Feb 13,20077:30 PM Louisa P. Evans Voter 0 0 0 0 Scott Russell Initiator 0 0 0 0 2007-148 CATEGORY: DEPARTMENT: SWANA Annual Meeting Landfill Misc. Solid Waste Management District RESOLVED that the Town Board of the Town of Southold hereby l!:rants permission to Solid Waste Coordinator James Bunchuck to attend the annual meetinl! of the Board of Directors of the New York Chapter ofthe Solid Waste Association of North America on Tuesdav. February 13.2007 in Albanv. NY. with all expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2007 Solid Waste District budget (meetings and seminars). .; Vote Record - Resolution RES-2007-148 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 2007-149 CATEGORY: DEPARTMENT: Surplus Equip - Non Usable Town Clerk Surplus Equipment - Dispose RESOLVED that the Town Board of the Town of Southold hereby declares the followinl!: equipment to be surplus and unusable equipment: Page 19 January 30, 2007 Town of Southold Board Meeting Minutes 2003 Ford Crown Victoria - VIN 2FAHP7l WX4Xl64587 1987 Chevrolet Blazer - VIN 1GNCT18R3H0135540 Be it further RESOLVED that the Town Board declares that the above vehicle is junk, undrivable, unusable and should be disposed of. ./ Vote Record - Resolution RES-2007-149 Yes/Aye NolNay Abstain Absent Ii!! Adopted AJbert KrupskiJr. 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 2007-150 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes Supervisor Scott A. Russell to Execute Any and All Documents Necessary to Effectuate the Closing of the Development Agreement Among Suffolk County, the Town of South old and CDCLl Housing Development Fund Corp. RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to execute anv and all documents necessarv to effectuate the closinl! of the Development Al!reement amonl! Suffolk County. the Town of Southold and CDCLI Housinl! Development Fund Corp., in accordance with Resolution No. 2006-715 (approving execution of the Development Agreement). ./ Vote Record - Resolution RES-2007-150 Yes/Aye No/Nay Abstain Absent Ii!! Adopted Albert Krupski Jr. Voter 0 Ii!! 0 0 0 Adopted as Amended William P. Edwards Voter Ii!! 0 0 0 0 Defeated Daniel C. Ross Voter Ii!! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii!! 0 0 0 0 Withdmwn Louisa P. Evans Initiator Ii!! 0 0 0 Scott Russell Voter Ii!! 0 0 0 2007-151 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Clerk Stormwater LL PH 2/27/07 At 5:00 Pm Page 20 January 30, 2007 Town of South old Board Meeting Minutes WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 30th day of January, 2007 a Local Law entitled "A Local Law in relation to Stormwater. Gradinl!: and Drainal!:e Control" now, therefore, be it RESOLVED that the Town Board ofthe 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 February 27, 2007 at 5:00 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 Stormwater. Gradinl!: and Drainal!:e Control" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to Stormwater. Gradinl!: and Drainal!:e Control". BE IT ENACTED by the Town Board of the Town of South old as follows: I. A new Chapter 236 of the Code of the Town of South old is hereby adopted as follows: ~ 236-1. Title. This local law shall be known as the "Stormwater, Grading and Drainage Control law". ~ 236-2. Statutory Authorization. This local law is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through land use regulations intended to control flooding, erosion or sedimentation within the entire Town. The variance provision of this local law shall supersede any inconsistent portions of the Town Law Section 267-a and govern the subject of variances in this local law. ~ 236-3. Purpose. It is the purpose of this local law to promote and protect, to the greatest extent practicable, the public health, safety and general welfare by: (a) Minimizing soil erosion, sedimentation and stormwater runoff; (b) Controlling, restricting or prohibiting activities which alter natural drainage systems, floodplains, stream channels and natural protective features. including wetlands, which contribute to the accommodation of flood waters and retention of sediment; ( c) Controlling, restricting or prohibiting land use activities which increase nonpoint source pollution due to stormwater runoff, and/or which result in discharge onto public lands, neighboring properties or natural protective features; and Page 21 January 30, 2007 Town of South old Board Meeting Minutes (d) Assuring that land and water uses in the Town are designed and/or conducted using best management practices to control flooding, stormwater runoff and discharge onto public lands, neighboring properties or natural protective features. (e) Promoting the recharge of stormwater into the fresh water aquifer to protect the drinking water supply and minimize salt water intrusion. ~ 236-4. Definitions. As used in this chapter, the following terms shall have the meanings indicated: AGRICULTURE - The production, keeping or maintenance, for sale, lease or personal use, of all plants and animals useful to man, including but not limited to, forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats or any mutation of hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; fruits of all kinds, including grapes, nuts and berries, vegetables; floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program. BEST MANAGEMENT PRACTICE - Procedures and methods pertaining to construction activities which are intended to prevent stormwater runoff, retain valuable topsoil and minimize water pollution. BUILDING INSPECTOR - The persons(s) appointed by the Town Board to enforce the provisions of Southold Code Chapter 280 and this chapter. CLEAN FILL - Naturally deposited earthen material from an approved upland borrow source. CONSTRUCTION - The siting, building, erection, extension, or material alteration of any structure the use of which requires permanent or temporary location on the ground, as well as the installation of any hardened surfaces at or below grade. DEVELOPMENT - Any man-made change to improved or unimproved real property including but not limited to any construction activities, the construction of buildings or other structures, creating access to and circulation within the site, clearing of vegetation, grading, providing utilities and other services, parking facilities, drainage systems, methods of sewage disposal and other services, and creating landforms. Development also includes significant alteration of natural resources in preparation for development, such as the dredging or filling of wetlands, ponds or other natural drainage areas. Page 22 January 30, 2007 Town of Southold Board Meeting Minutes DISCHARGE - to emit, expel, pour, direct or otherwise cause the flow of liquid in a manner other than the natural course of that liquid which existed prior to the disturbance ofthe natural state of the land upon which it flowed, ifany. DRAINAGE SYSTEMS - Includes gutters, swales, pipes, conduits and superstructures (e.g., drywells, sumps, berms, etc.) for the collection and conduction of storm water to an adequate facility for its storage and disposal. EROSION - The wearing away ofland as a result of the action of natural forces or man- related activities. EROSION, SEDIMENTATION AND STORMWATERRUNOFF CONTROL PLAN- A drawing showing the proposed use of the site and the methods, techniques and improvements, both during and after construction, that will be employed to control erosion, sedimentation and stormwater runoff, which shall employ best management practices. Where the nature of the existing conditions and proposed activities warrant, the Building Inspector may require that such plan be prepared by a registered design professional licensed in the State of New York. EXCA V A TION - The removal, addition, or alteration of soil, sand, or vegetation by digging, dredging, drilling, cutting, scooping, or hollowing out. FILLING - The deposition of natural or artificial material so as to modify the surface or subsurface conditions of upland or underwater land. GRADING - The excavation, filling or alteration of the surface or subsurface conditions of land, lakes, ponds, or watercourses. ILLICIT DISCHARGES - Illicit Discharges shall include but not be limited to discharge of solid waste; human and animal waste; antifreeze, oil, gasoline, grease and all other automotive products; flammable or explosive materials; metals in excess of naturally occurring amounts, whether in liquid or solid form; chemicals not normally found in uncontaminated water; solvents and degreasers; painting products; drain cleaners; commercial and household cleaning materials; pesticides; herbicides; fertilizers; acids; alkalis; ink; steam-cleaning waste; laundry waste; soap; detergent ammonia; chlorine; chlorinated swimming pool or hot tub water; domestic or sanitary sewage; roof structure runoff; animal carcasses; food and food waste; yard waste; dirt; sand; and gravel. IMPERVIOUS SURFACE - Any surface exposed to stormwater from which water runs off and cannot pass through, including but not limited to, structures, paving, paving blocks, bedding material, packed earth, treated surfaces, roof structures, patios, decking, stoops, porches, and accessory structures. MUNICIPAL PERMIT - Any permit, grant, approval, license, certificate or other authorization issued by the Town of Southold including but not limited to permits for Page 23 January 30, 2007 Town of Southold Board Meeting Minutes building, grading, demolition, clearing and excavation and subdivision and site plan approvals. NATURAL DRAINAGE - The stormwater runoff patterns resulting from topographical and geological surface conditions, prior to clearing, regrading or construction. NATURAL WATERCOURSE - The route farmed by natural processes, topography and geology leading to a natural watershed. NATURAL WATERSHED - An area of land which in its natural state and prior to any man-made change, and due to its topography and geology, drains to a particular location within that area. NATURAL PROTECTIVE FEATURE - A nearshore area, beach, bluff, dune or wetland and the vegetation thereon. ONE-HUNDRED YEAR FLOOD PLAIN - The land area subject to the highest level of flooding that, on the average, is likely to occur once everyone hundred (100) years (i.e., that has a one-percent chance of occurring each year), as said level is shown on the Federal Emergency Management Agency Flood Insurance Rate Maps on file in the Southold Town Building Department. RESPONSIBLE PARTY - Owners and occupants of premises, applicants for municipal permits, and any other person or entity contributing to an act regulated by this local law. SEDIMENTATION - The processes that operate at or near the surface of the ground to deposit soils, debris and other materials either on other ground surfaces or in water channels. SITE PREPARATION - The activities of stripping, clearing, grubbing, excavating, filling, and grading to facilitate construction or other use of the land. STORMW A TER RUNOFF - That part of precipitation that flows over the land surface. STRIPPING - The process of mechanically scraping away topsoil. STRUCTURE - Any object constructed, erected, installed or placed on land or in water, including buildings, sheds, mobile homes, tanks, bulkheads, piers and docks and any additions or alterations thereto. TOPSOIL - The uppermost layer of soil, usually the top 15-20 em, it having the highest concentration of organic matter and microorganisms, and where most of the Earth's biological soil activity occurs. Plants generally concentrate their roots in, and obtain most of their nutrients from this layer. Topsoil can be measured as the depth from the surface to the first densely packed soil layer known as hardpan. Page 24 January 30, 2007 Town of South old Board Meeting Minutes ~ 236-5. This local law shall apply to all property within the Town of Southold, and shall govern: A. All grading, drainage and erosion control, whether or not a permit is required; B. All new or replaced impervious surface and all land disturbing activities, whether or not a permit is required; C. All discharges directly or indirectly to a highway or public right of way, public drainage control system, neighboring property, wetland or public waterway; and D. All new and existing land uses within the Town. ~ 236-6. Discharges. All discharges within the Town are subject to this subtitle unless explicitly exempted. Conduct exempted from this subtitle include activities necessary for the conduct of agricultural uses in connection with a bona fide agricultural operation. ~ 236-7. Prohibited Discharges. The following discharges are prohibited: A. Discharges to public highways and rights-of- way. B. Discharges to tidal and freshwater wetlands, bluffs, dunes, beaches and other natural protective features as defined in Chapter 275 ofthis Town Code. C. Discharges from private properties to adjoining properties, without express permISSIOn. D. Discharges to public drainage control systems and networks, without express permission. E. Discharges of illicit liquids to any of the areas listed above and any other area within the Town, except in accordance with facilities approved for the handling of such materials by the Town, County and/or State. ~ 236-8. Requirements for all Stormwater Discharges. For all stormwater discharges, responsible parties shall implement and maintain operational source controls to include but not be limited to: A. Installation of drainage control structures to contain and recharge all run-off generated by development. B. Maintaining private roads, streets, driveways, parking lots and walkways. C. Identifying and eliminating unauthorized connections to Town Drainage Control Systems and Public Right-of-Ways. Page 25 January 30, 2007 Town of Southold Board Meeting Minutes D. Maintaining and protecting Natural Drainage patterns. E. Maintaining and protecting Natural Watersheds. ~ 236-9. Requirements for all Land Disturbing Activities or Impervious Surfaces. All land disturbing activities or addition or replacement of impervious surfaces shall provide temporary and permanent construction controls, and shall be required to contain a 2" rain fall on site, even where a Drainage Control Permit is not required under this Chapter. All applicants for municipal permits shall demonstrate to the satisfaction of the Building Inspector that the proposed activities can meet this standard, either by the installation of gutters, leaders, drywells or other measures, prior to the issuance of such a municipal permit. ~ 236-10. Activities Requiring a Drainage Control Permit. None of the following activities shall be undertaken until a Drainage Control Permit has been issued under the provisions of this local law. I) Grading or stripping which affects more than five thousand (5,000) square feet of ground surface. 2) Excavation or filling involving more than two hundred (200) cubic yards of material within any parcel or any contiguous area. 3) Site preparation on slopes which exceed ten (10) feet of vertical rise to one hundred (100) feet of horizontal distance. 4) Site preparation within one hundred (100) feet of wetlands, beach, bluff or coastal erosion hazard area. 5) Site preparation within the one hundred (100) year floodplain of any watercourse. The following activities shall be exempted from such review: I) Minor clearing or excavation work not incident to a substantial change in the existing use of the land, which may be reasonably expected not to contribute to any additional on-site generated runoff or degradation of any lands or water beyond the boundaries of the property involved. 2) Emergency repairs on public or private objects, necessary for the preservation of life, health or property, or taken to implement and accomplish the beneficial purpose of this local law as set forth herein under such circumstances where it would be impracticable to obtain approval prior to making such emergency repairs. Following such an emergency situation, however, any approvals required by this local law shall be obtained. 3) Routine maintenance or repair work on public or private roads or utility line rights-of-way where interim and permanent stormwater runoff control measures will be undertaken. To the maximum extent practicable, vegetation shall be used as a stabilizer and method of filtering and slowing Page 26 January 30, 2007 Town of Southold Board Meeting Minutes stormwater flow from road surfaces. 4) Pervious structures,~, open decks, where the removal of topsoil allows for the recharge of groundwater. ~ 236-11. Compliance. Where a Drainage Control Permit is required by this Local Law, all development, construction, excavation and landscaping activities shall be conducted in accordance with an approved Erosion, Sedimentation and Stormwater Runoff Control Plan, and all other requirements of this local law. ~ 236-12. Application Process. a) Any applicant for a municipal permit to conduct a development, construction or excavation activity within the Town of Southold shall complete a Stormwater Assessment Form to assist in determining compliance with this local law. Applicants that meet the threshold set forth above and require a Drainage Control Permit shall also submit an Erosion, Sedimentation and Stormwater Runoff Control Plan to the Building Inspector. b) Upon receipt by the Building Inspector of any application for a Drainage Control Permit to conduct any activity regulated by this law, the Building Inspector may refer the proposed Erosion, Sedimentation, and Stormwater Runoff Control Plan to the Town Engineering Department for comment and recommendation. No municipal permit that shall be issued for activities requiring a Drainage Control Permit, nor shall any application therefor be deemed complete, until the Building Inspector has first issued its approval of the Erosion, Sedimentation and Stormwater Runoff Control Plan. c) Such plan may contain the following elements, which may be integrated into a site plan or subdivision plat submitted for approval pursuant to applicable Town law: I) A vicinity map drawn to a scale of not less than two thousand (2,000) feet to one (I) inch showing the relationship of the site to its general surroundings. 2) A plan of the site drawn to a scale of not less than one hundred (100) feet to the inch showing the location and description of property boundaries, site acreage, existing natural and man-made features on and within five hundred (500) feet ofthe site boundary, including roads, structures, water sources, drainage structures, utilities, topography including existing contours with intervals of not more than five (5) feet where the slope is ten percent or greater and not more than two (2) feet where the slope is less than ten percent, soil characteristics, location of wooded areas, the depth to seasonal high watertable and a copy of the Soil Conservation Page 27 January 30, 2007 Town of Southold Board Meeting Minutes District soil survey where available. 3) Location and description of proposed changes to the site and existing development on the site, which includes: a) all excavation, filling, stripping and grading proposed to be undertaken, identified as to the depth, volume, and nature of the materials involved; b) all areas requiring clearing, identified as to the nature of vegetation affected; c) all areas where topsoil is to be removed and stockpiled and where topsoil is to be ultimately placed; d) all temporary and permanent vegetation to be placed on the site, identified as to planting type, size, and extent; e) all temporary and permanent stormwater runoff control measures including soil stabilization techniques and stormwater drainage and storage systems including ponds, recharge and sediment basins (identified as to the type of facility, the materials from which it is constructed, its dimensions, and its capacity in cubic feet); f) the anticipated pattern of surface drainage during periods of peak runoff, upon completion of site preparation and construction activities, identified as to rate and direction of flow at all major points within the drainage system; g) the location of all roads, driveways, sidewalks, structures, utilities, and other improvements; and h) the final contours of the site at intervals of no greater than two (2) feet. 4) A schedule of the sequence of installation of planned soil erosion, sedimentation and stormwater runoff control measures as related to the progress of the project including anticipated starting and completion dates. ~ 236-13. Performance Standards for Approval of Erosion, Sedimentation and Stormwater Runoff Control Plans. a) The site erosion, sedimentation and storm water runoff control measures shall be appropriate for existing topography, vegetation and other salient natural features of the site. The plan shall indicate that the development will preserve natural features, minimize grading and cut and fill operations, ensure conformity with natural topography, and retain natural vegetation and trees to the maximum extent practicable in order to create the least erosion potential and handle adequately the volume and rate or velocity, of surface water runoff. b) Site grading, excavation and filling shall minimize destruction of natural Page 28 January 30, 2007 Town of South old Board Meeting Minutes vegetation, the potential for erosion, sedimentation and stormwater runoff and the threat to the health, safety and welfare of neighboring property owners and the general public. c) Erosion, sedimentation and stormwater runoff shall be controlled prior to, during, and after site preparation and construction. During grading operations, appropriate measures for dust control shall be undertaken. d) Areas exposed by site preparation shall be protected during site construction with hay bales, temporary vegetation and/or mulching to meet the requirements of the NYS DEe SPDES Program in effect. e) Natural drainage patterns shall be protected and incorporated into site design. Where natural drainage patterns are demonstrated to be adversely affecting a beach or wetland, drainage patterns may be altered in a manner which reduces the threat to such beach or wetland and does not create other flooding or erosion problems. t) Site preparation, including stripping of vegetative cover and grading, shall be undertaken so that no individual building site is stripped of its vegetation cover more than thirty (30) days prior to commencement of construction. Soils exposed or disturbed by site preparation shall remain so for the shortest practical period of time during site clearing, construction and restoration. g) Disturbed soils shall be stabilized and revegetated or seeded as soon as practicable. During the interim, erosion protection measures such as temporary vegetation, retention ponds, recharge basins, berming, silt traps and mulching shall be used to ensure that sedimentation is minimized and mitigated. h) In no case shall stormwater be diverted to another property either during site preparation or after development. In appropriate cases, with the approval of the Superintendent of Highways, drainage control measures may be implemented in the right of way attendant to an adjacent Town highway, at the applicant's expense. i) During the construction period, disposal of stormwater runoff generated by development activity shall be handled on-site. Baling, mulching, debris basins, silt traps, use of fibrous cover materials or similar measures shall be used to contain soil erosion on the site. j) All projects, regardless of the area of groundwater removal and/or grading, shall retain a natural vegetative buffer zone along waterbodies, including wetlands and marshes, if one is imposed by the Board of Trustees. If necessary, other forms of erosion control measures will also be included. k) Natural land features such as shallow depressions shall be used, wherever possible, to collect stormwater on-site for recharge. I) Site designs shall minimize impermeable paving. m) Stormwater runoff shall not be directly discharged to surface waters, marshes and wetlands. Stormwater pollutants shall not be discharged directly into a wetland, but shall be attenuated by using holding ponds, sedimentation basins, perimeter berming, vegetated buffer areas and other Page 29 January 30, 2007 Town of Southold Board Meeting Minutes measures that reduce flow velocity and increase storage time. Pollutants shall not be discharged into wetlands. In addition, any filtering devices constructed as part of the drainage system must be adequately maintained in order to function properly. n) All wetland vegetation shall be maintained. Dredging and site construction should not disturb wetlands either by direct removal of vegetation or substrate, or by the alteration of adjacent slopes that would undermine the stability of the substrate unless permission is obtained from the Board of Trustees. Grading equipment shall not be allowed to enter into or cross any watercourse or wetland. 0) Subsurface sediments shall be maintained to provide structural support for the soils of the wetlands. p) The elevation of a wetland shall not be altered. q) No vegetation required by any agency as a buffer to a natural protective feature shall be disturbed by grading, erosion, sedimentation, or direct removal of vegetation. r) Fill shall not encroach on natural watercourses, constructed channels, wetlands, or floodway areas. All fill shall be compacted at a final angle of repose which provides stability for the material, minimizes erosion and prevents settlement. s) Trails and walking paths along waterbodies shall be sited and constructed so they are not a source of sediment subject to the approval of the Board of Trustees. t) The amount and velocity of runoff from a site after development shall approximate its predevelopment characteristics. However, if the site is adjacent to coastal waters, storm water shall be contained on-site, to the maximum extent practicable, to prevent direct discharge of runoff to coastal waters. u) Natural flood plains and major drainage swales shall not be altered or disturbed in a manner which decreases their ability to accommodate and channel stormwater runoff and flood waters. If no practicable alternative to the location of development, roadway, driveways, and similar surfaces within these areas exists, such facilities shall be sited and constructed to minimize and mitigate the amount and velocity of stormwater entering the channel, floodplain or swale and to approximate the original functions of the undisturbed condition. v) No land having a slope equal to or greater than twenty (20) percent shall be developed or disturbed except for conservation measures or measures intended to remove debris which inhibits the functioning of the swale, except accessways to shorelines approved by the Board of Trustees shall be permitted. Natural vegetation and topography shall be retained to stabilize soils and reduce the volume of stormwater overflow. w) On lands having slopes of less than twenty (20) percent, but composed of highly erodible soils, development proposals shall include consideration of the load-bearing capacity of the soils. Unless it can be demonstrated that Page 30 January 30, 2007 Town of South old Board Meeting Minutes the soils can be stabilized with a minimum of on-site disturbance and no adverse impacts to the stability of neighboring properties, the development proposal shall not be approved as submitted. x) All permanent (final) vegetation and mechanical erosion control measures called for in approved plans shall be installed within the time limits specified by the Building Inspector, and no later than the expiration of the municipal permit issued therewith. ~ 236-14. Approved Plans. Plans approved by the Building Inspector in conjunction with the issuance of a Drainage Control Permit shall also be filed with the County Clerk indicating that such plans are binding as against future purchasers, granting the Town permission to enter the property for compliance enforcement purposes, and containing a summary of the plan's requirements. ~ 236-15. Variances. A variance may be granted by the Zoning Board of Appeals of the Town of Southold upon receipt of an application from a property owner which demonstrates unnecessary hardship from the imposition of such regulations. ~ 236-16. Inspection, Restoration, Certificate of Occupancy and Fines. a) Inspection Inspection for soil erosion, sedimentation, and runoff control plan compliance shall be conducted by the Building Inspector to determine that the work has been completed in accordance with such plan. The plan may be modified by mutual agreement if, during or after installation, the Building Inspector deems that the installed measures are not adequate to meet the performance standards or if alternatives would better meet the Code requirements. If no agreement is reached, the Building Inspector may require the submission of a modified plan in order to maintain compliance with this local law. b) Restoration. Any clearing, excavation or development ofland in violation of this local law shall be corrected forthwith after written notice by the Building Inspector. In the event that corrective action is not taken as directed within a reasonable time, the Town may, at its own expense, take corrective action to restore the property or initiate legal action to prevent unlawful or unauthorized activity. The cost of restoration shall become a lien upon the property upon which such unlawful activity occurred. Page 31 January 30, 2007 Town of South old Board Meeting Minutes c) Certificate of Occupancv. No certificate of occupancy shall be issued by the Building Inspector until all work required to be completed pursuant to the plan has been satisfactorily done. d) Fines. Any responsible party undertaking clearing, excavation or development of land in violation of this local law, or falsifying information in connection with the requirements of this Local Law, upon conviction, shall be guilty of a misdemeanor, punishable by a fine of not less than five hundred dollars ($500) and not more than two thousand dollars ($2,000). Such person shall be deemed guilty of a separate offense for each day during which a violation of this local law is committed or continues. e) Enforcement. The Director of Code Enforcement and/or the Building Inspector are responsible for enforcement of the provisions of this Chapter, and have the authority to issue violations of this Chapter. The Town Attorney shall be responsible for prosecution of any such violations. In addition to the above-provided fines, the Town Board may authorize 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. I. 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. III. 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-t51 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 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 Page 32 January 30, 2007 Town of South old Board Meeting Minutes 2007-152 CATEGORY: DEPARTMENT: Public Service Town Clerk Support LIFB Agricultural Fencing WHEREAS the Town Board of the Town of South old supports the agricultural community and understands the need for agricultural fencing to protect crops in designated Agricultural Districts; and WHEREAS the utilization of agricultural fencing is a proven, successful management practice in the prevention and control of damage to field crops by deer and other animals; and WHEREAS the Town Board recognizes the potential need to apply for relief to overcome the financial burden on farmers to install said fencing; and WHEREAS the Long Island Farm Bureau recommends seeking state and Federal funding for agricultural fences for farmers in designated Agricultural Districts, now there for be it RESOLVED that the Town Board of the Town of South old hereby SUDDorts the recommendation of the Lone: Island Farm Bureau to seek State and Federal fundine: for ae:ricultural fen cine: for Dest control DurDoses. '" Vote Record - Resolution RES-2007-152 Yes/Aye NolNay Abstain Absent 0 Adopted Albert Krupski Jr. Initiator 0 0 0 0 0 Adopted as Amended William P. Edwards Seconder 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Voter 0 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 0 Scott Russell Voter 0 0 0 0 2007-153 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Clerk Diversified Technology Consultants Agreement Page 33 January 30, 2007 Town of South old Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor Scott Russell to execute the ae:reement between the Town of Southold and Diversified Technolol!:V Consultants dated Januarv 15.2007 for ene:ineerine: services relating to maintenance of the wastewater facilities and compliance with NYS DEC requirements for the Fishers Island Sewer District, subject to the approval of the Town Attorney. ./ Vote Record - Resolution RES-2007-153 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 Voter 0 0 0 0 0 Withdrawn Louisa P. Evans Seconder 0 0 0 0 Scott Russell Voter 0 0 0 0 2007-154 CA TEGORY: DEPARTMENT: Consulting Town Clerk FISD Sewer Availability RESOLVED that the Town Board of the Town of South old hereby authorizes and directs Supervisor Scott Russell to execute a letter of sewer availability on behalf of the Fishers Island Sewer District to the Suffolk County Department of Health Services for the proposed connection for the sewer system for the Fishers Island Community Center, subject to the approval of the Town Attorney. .,/ Vote Record - Resolution RES-2007-1S4 Yes/Aye NolNay Abstain Absent 0 Adopted i\11.lert Krupski Jr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Initiator 0 0 0 0 0 Tabled Thomas H. Wickham Voter 0 0 0 0 0 Withdrawn Louisa P. Evans Seconder 0 0 0 0 Scott Russel I Voter 0 0 0 0 2007-155 CATEGORY: DEPARTMENT: Budget Town Clerk Additional Budget Water Mains Map Page 34 January 30, 2007 Town of Southold Board Meeting Minutes RESOLVED that the Town Board of the Town of South old hereby authorizes an additional bud!!:et of $1800.00 for the SEORA review on the adoption of an updated Water Mains Map bein!!: performed bv Nelson Pope and Voorhis, pursuant to their latter dated January 22, 2007 outlining additional tasks required to complete the project. -/ Vote Record - Resolution RES-2007w155 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 2007-156 CATEGORY: DEPARTMENT: Litigation Town Clerk Retain Mary Wilson Employment RESOLVED that the Town Board of the Town of South old hereby retains Marv Wilson. ESQ. to conduct an investi!!:ation into an emplovment related matter in conjunction with the Town Attorney. ./ Vote Record - Resolution RES-2007-156 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 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 30. Statement FRANK WILLS: Before the next motion gets read, I would appreciate it if I could make a few comments. I was not aware that this came up at the meeting because I didn't get a chance to read the whole thing. Basically it says that you are going to approve the HALO and hamlets maps tonight. The Mattituck crew, of which I am a stakeholder, we haven't seen or looked at that map in four or five or six months. I was wondering whether it is the map that we saw, I guess last September or whether any changes had been made. The reason I bring it up is because I am sure you are aware that over the time of the stakeholder study, the HALO map from Mattituck was increased four times on three occasions. Not by us but by someone. And then the other thing that was changed over our findings was to include the Perino property, which was then (inaudible) removed. And I was wondering whether any changes had been made? And I don't (inaudible) Page 35 January 30, 2007 Town of South old Board Meeting Minutes SUPERVISOR RUSSELL: Would, Dan had a, rather than, I understand your concerns. Dan had a suggestion that maybe we make these maps available and then adopt them in two weeks. I am quite certain we removed that parcel that you are talking about... MR. WILLS: Yes. SUPERVISOR RUSSELL: At your recommendation of when we reconvened, the reason for reconvening your groups was to show you the maps, take your recommendations back and amend them again. So we had already accommodated all the stakeholders concerns but I suppose it had been a little while since we have had those maps. I hate to push it off two more weeks because I really want to get these done. MR. WILLS: Nor do I. If there has been no changes, fine. COUNCILMAN WICKHAM: May I explain the process that we have adopted in this? We took the maps that were prepared by the stakeholders. In the case of Mattituck, I assume that that was the one that you and Charlie Zaloom and the rest of the group had all approved. We passed it to our Town Planning Department and we said, please look at these and give us a professional opinion whether from a planning perspective these are appropriate. In the case of Mattituck, the report came to us, what the stakeholders did is appropriate. We don't need to make any change. Consequently, that is the one we have before us tonight. MR. WILLS: Then I withdraw... SUPERVISOR RUSSELL: Okay. It is okay then? COUNCILMAN WICKHAM: We believe that there is no change from what the stakeholders have recommended. Now, you have the map there. Why don't you take a quick look at it. SUPERVISOR RUSSELL: I can show you, Mr. Wills. TOWN ATTORNEY FINNEGAN: Was it supposed in or out? It was supposed to be.. SUPERVISOR RUSSELL: Perino is out. And when Tom talks about the recommendations, it was the recommendations after we had the re-visit when we got those, because I know that that was in and the stakeholders said wait, we didn't want that in and then we made those accommodations. You can see the black line here which runs right behind the houses along Sigsbee Road as the line of demarcation. MR. WILLS: That's okay. COUNCILMAN WICKHAM: That looks okay? I am glad the people are interested in this. I think we can go ahead with it. Frank, is it clear that this piece of property is or is not included in the map? Page 36 January 30, 2007 Town of Southold Board Meeting Minutes COUNCILMAN EDWARDS: It is clear that it is not. SUPERVISOR RUSSELL: It is clear on this map that it is not included. COUNCILMAN KRUPSKI: Is everybody ready? SUPERVISOR RUSSELL: Yes. 2007-157 CATEGORY: DEPARTMENT: Legislation Town Clerk HALO Map WHEREAS the "Town of South old Hamlet Study" was adopted by the Town Board of the Town of Southold on July 12,2005 as an official town planning document to be considered in the comprehensive planning process, and in implementing new legislation and town programs; and WHEREAS the "HALO Map" contained therein for each hamlet has been reviewed, and in some cases revised, by the Planning Department, Planning Board and/or Town Board; and WHEREAS the revised and updated "HALO Map" will be used in planning for the future of each HALO and hamlet, and utilized in the creation of legislation and initiatives to further the principles and recommendations contained in the "Town of Southold Hamlet Study"; it is therefore RESOLVED that the Town Board of the Town of Southold hereby adopts the HALO Maps for the hamlets of Mattituck. Cutchol!ue. New Suffolk. Peconic. Southold. East Marion and Orient. dated January 30. 2007. ./ Vote Record - Resolution RES-2007-157 Yes/Aye 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 Seconder Iil 0 0 0 0 Withdrawn Louisa P. Evans Voter Iil 0 0 0 Scott Russell Voter Iil 0 0 0 Page 37 January 30, 2007 Town of Southold Board Meeting Minutes 1. Statement 2007-158 CATEGORY: DEPARTMENT: Property Acquisition Purchase Land Preservation Arrieta Elect to Purchase WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by Allan Arrieta on the 30th day of January, 2007, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-94-3-1.3. The address is 3305 Oregon Road, Mattituck, New York, and 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; and WHEREAS, the proposed acquisition is for a development rights easement on a part of the property consisting of approximately 10io acres (subject to survey) of the 12.5io acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the purchase price for the easement is $78,000 (seventy-eight thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and Page 38 January 30, 2007 Town of Southold Board Meeting Minutes WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (L WRP) and the L WRP Coordinator has determined that this action is consistent with the L WRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development ril!:hts easement on al!:riculturalland owned bv Allan Arrieta pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Al!:ricultural Lauds Preservation) of the Code of the Town of South old. Said property is identified as part of SCTM #1000-94-3-1.3. The address is 3305 Oregon Road, Mattituck, New York, and 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 1000 acres (subject to survey) of the 12.500 acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $78,000 (seventy- eight thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. Town funding for this purchase is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code of the Town of Southold. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Page 39 January 30, 2007 Town of Southold Board Meeting Minutes Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has determined that this action is consistent with the LWRP. .; Vote Record - Resolution RES-2007-tS8 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-159 CATEGORY: DEPARTMENT: Property Acquisition Purchase Land Preservation Macari Elect to Purchase WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on part of a certain parcel of property owned by Macari Associates LLC on the 30th day of January, 2007, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-96-2-10. The address is 4735 Cox Lane, Cutchogue, New York, and is located on the southwesterly side of Cox Lane, approximately 500 feet southeasterly from the intersection of Cox Lane and County Route 48 in Cutchogue in the A-C zoning district; and WHEREAS, the development rights easement comprises a part of the property of approximately 25"' acres (subject to survey) of the 27"' acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the purchase price for the easement is $72,000 (seventy-two thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds; and Page 40 January 30, 2007 Town of Southold Board Meeting Minutes WHEREAS, 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 WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) ofthe Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (L WRP) and the L WRP Coordinator has determined that this action is consistent with the L WRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development ril!.hts easement on al!.ricultural land owned bv Macari Associates LLC pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Al!.ricultural Lands Preservation) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-96-2-10. The address is 4735 Cox Lane, Cutchogue, New York, and is located on the southwesterly side of Cox Lane, approximately 500 feet southeasterly from the intersection of Cox Lane and County Route 48 in Cutchogue in the A-C zoning district. The development rights easement comprises a part of the property of approximately 25* acres (subject to survey) of the 27* acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $72,000 (seventy-two thousand dollars) per buildable acre Page 41 January 30, 2007 Town of Southold Board Meeting Minutes plus acquisition costs. The easement will be acquired using Community Preservation Funds. Town funding for this purchase is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code of the Town of Southold. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (L WRP) and the L WRP Coordinator has determined that this action is consistent with the LWRP. "Vote Record - Resolution RES-2007-159 Yes/Aye No/Nay Abstain Absent Ii'I Adopted Albert Krupski Jr. Initiator Ii'I 0 0 0 0 Adopted as Amended William P. Edwards 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 2007-160 CATEGORY: DEPARTMENT: Property Acquisition Purchase Land Preservation East Coast Residential Elect to Purchase WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by East Coast Residential LLC on the 30th day of January, 2007, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-69-3-9.3. The address is 2340 Ackerly Pond Lane, Southold, New York, and 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; and WHEREAS, the development rights easement comprises the entire parcel of approximately 16io acres (subject to survey). The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee; and Page 42 January 30, 2007 Town of Southold Board Meeting Minutes WHEREAS, the purchase price for the easement is $72,000 (seventy-two thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds; and WHEREAS, 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 WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (L WRP) and the L WRP Coordinator has determined that this action is consistent with the L WRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development ril!hts easement on al!ricultural land owned bv East Coast Residential LLC pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Al!ricultural Lands Preservation) of the Code of the Town of Southold. Said property is identified as SCTM #1000-69-3-9.3. The address is 2340 Ackerly Pond Lane, Southold, New York, and 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 Page 43 January 30, 2007 Town of Southold Board Meeting Minutes in Southold in the A-C zoning district. The development rights easement comprises the entire parcel of approximately 16010 acres (subject to survey). The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee. The purchase price for the easement is $72,000 (seventy-two thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. Town funding for this purchase is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code of the Town of Southold. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (L WRP) and the L WRP Coordinator has determined that this action is consistent with the LWRP. ./ Vote Record - Resolution RES-2007-160 Yes/Aye NolNay Abstain Absent Ii'I Adopted A1b~rt Krupski}~. Seconder Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'I 0 0 0 0 Defeated Daniel C. Ross Voter Ii'I 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'I 0 0 0 Scott Russell Voter Ii'I 0 0 0 VII. Public Hearine:s 1. Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and herebv is declared Recessed in order to hold a public hearine:. RESULT: ADOPTED [UNANIMOUS) MOVER: Louisa P. Evans, Justice SECONDER: Daniel C. Ross, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. 2. Set Tuesday, 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 Hearing for the Purchase of a Development Rights Easement on Property Owned by Allan Arrieta COMMENTS - Current Meeting: Page 44 January 30, 2007 Town of Southold Board Meeting Minutes COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN 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 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 heann!!: for the purchase of a development ri!!:hts easement on property owned by 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 10ei acres of the 12.5ei acre parcel. 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 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. I have a copy that an affidavit, that it has appeared on the Town Clerk's bulletin board outside and it has also appeared as a legal in the local newspaper. I don't have, well, I do have a short environmental assessment form here which we approved a little while ago as a resolution. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this purchase? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Thank you. Melissa Spiro, Land Preservation Coordinator. This is the first ofthree preservation hearings tonight, altogether the three projects total over 50 acres of land that will be preserved. January has been a really busy month for preservation and we hope to keep up in this fashion in the near future. The subject of the first hearing is the Arrieta property on Oregon Road. The Town will be purchasing 10 of the 12.5 acres. A 2.5 acre area has been excluded from the development rights easement and that area contains an existing residential dwelling. No additional residential structures will be allowed within the 12.5 acre parcel at all and the acquisition does not involve any type of residential subdivision. The land owner is basically preserving all but the 2.5 acres, on which there is already an existing dwelling. Peconic Land Trust has been involved with and is a partner with the Town in this preservation effort. The Purchase price is $78,000 an acre and it is supported by an appraisal. The Arrieta farm is located in the town's main area of agriculture in the Oregon Road area, making this an important and significant acquisition. The Arrieta farm is Page 45 January 30, 2007 Town of Southold Board Meeting Minutes south of a farm on which the Town recently purchased the development rights on 13 acres. I don't know if you can see on the aerial but every parcel on that map that has that label on it is already preserved. And this acquisition extends a significant block of farmland. The Committee and I have been doing what we can to expedite this important acquisition and the closing is likely within the next few weeks. And we both, the Committee and I recommend that the Town Board proceed with this purchase. SUPERVISOR RUSSELL: Thank you, Melissa. Would anybody else like to come up and address the Town Board on this acquisition? (No response) Hearing none, can I get a motion to close the hearing? RESULT: CLOSED [UNANIMOUS] MOVER: Scott Russell, Supervisor SECONDER: Albert Krupski Jr., Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. 3. 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 Hearing for the Purchase of a Development Rights Easement on Property Owned by Macari Associates LLC COMMENTS - Current Meeting: COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN 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 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 hearine for the purchase of a development riehts easement on properly owned by 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 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 25010 acres of the 27010 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. Page 46 January 30, 2007 Town of Southold Board Meeting Minutes I have notice that it has appeared as a legal in the local newspaper and it has also appeared as an announcement on the Town Clerk's bulletin board. SUPERVISOR RUSSELL: Would anyone like to come up and address the Town Board on this issue? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: The Town is purchasing a 25 acre developments rights easement on this 27 acre farm. There is a two acre area including again, an existing residential dwelling and accessory structures that will not be part of the easement. Once again, no additional residential structures would be allowed on the farm and the acquisition does not involve any type of residential subdivision. The landowner is basically preserving all but the two acre area around the existing dwelling. The Peconic Land Trust is involved with and has been facilitating this preservation effort. The purchase price is $72,000 an acre; supported by an appraisal. The Macari farm is located in what is becoming one of the Town's largest blocks of preserved land. There is approximately 100 acres of preserved land south of this property and almost 200 acres of preserved land when you go across the street and to the east. Again, each labeled parcel on this map, I think these labels are larger and you can see them, each labeled parcel is preserved farmland. The Land Preservation Committee and I have been trying to expedite this application and again, it is likely that we are going to have a closing in a couple of weeks. There is a chance that we may be eligible for some federal funding on this parcel, although at the moment it is not looking as likely as it did a few hours ago. So I just wanted to mention that we may have some federal funding for this. Once again, both the Committee and I recommend that the Town proceed with this important acquisition. Thank you. SUPERVISOR RUSSELL: Thank you, Melissa. Would anyone else like to address the Town Board on this acquisition? (No response) Hearing none, can I get a motion to close? RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Daniel C. Ross, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. 4. Set Tuesday, January 30, 2007, At 5:10 P.M., Southold Town Hall, 53095 Main Road, Southold, New York As the Time and Place for a Public Hearing for the Purchase of a Development Rights Easement on Property Owned by East Coast Residential LLC COMMENTS - Current Meeting: COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board ofthe Town of Southold hereby sets Tuesdav. January 30. 2007. at 5:10 p.m.. Southold Town Hall. 53095 Main Road. Southold. New York as the time and place for a public hearin!!: for the purchase of a development ri!!:hts 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 Page 47 January 30, 2007 Town of Southold Board Meeting Minutes 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 16"= 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 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have notice that is has appeared as a legal in the local newspaper and on the Town Clerk's bulletin board. SUPERVISOR RUSSELL: Would anybody like to come up before the Town Board? MELISSA SPIRO, LAND PRESERV A nON COORDINATOR: Melissa Spiro. The subject of this hearing is the property owned by East Coast Residential on Ackerly Pond in Southold. The Town is purchasing a 16 acre development rights, this time on the entire property. The proposal does not include any new residential structures or any area left out of the easement and it does not include any new residential subdivisions. The landowner is basically preserving the entire property with no easements. The purchase price, as Councilman Wickham mentioned is $72,000 an acre and once again, that is supported by an appraisal. The property is located next to land on which the Town already owned the development rights easement. We purchased that last year, it is about 22 acres known as the Flower Hill property. The property is in the vicinity of hundreds of acres of preserved farmland, that would be to the west. There is quite a block of preserved farmland. Once again, we have been expediting this, it is a very short timeframe since when we started this just prior to Christmas, I believe, and we are expected to close hopefully next week or the week after. Thank you. I guess just to wrap up, again, these three properties that we have worked on are preserving over 50 acres, which is a significant amount for the start of January, the beginning of the year. SUPERVISOR RUSSELL: Would anyone care to address the Town Board? EMILY GEIGER: My name is Emily Geiger, I live directly across the street from the Ackerly Pond piece and I just want to say that I am delighted that you are preserving it and I speak not only for myself but for the neighbor who lives next to that property, Ann Hemblo, who has been there all her life, so we just couldn't be more pleased. Page 48 January 30, 2007 Town of Southold Board Meeting Minutes SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on this? I would like to say just before I don't get a chance, the amount of preservation that is happening right now, with the amount of interest, is really at a quick pace. It takes a great deal, it is a fragile process to say the least, takes a great deal of skill and artfulness. The fact that Melissa and your Land Preservation Committee are getting these things done so quickly, in sometimes what seems like unreasonable time frames, is an absolute salute to Melissa and the rest of the Preservation Committee over there. Well done. Can I get a motion to close? RESULT: CLOSED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: William P. Edwards, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. 5. StateDlent SUPERVISOR RUSSELL: That concludes our business. Would anyone like to come before the Town Board and address any issue of mutual concern? How are you doing, Nick? NICHOLAS TSOUNIS: Nicholas Tsounis, Mattituck. But this is important. I think the whole town should realize, there is now in Suffolk County a 20% discount card for prescription drugs and most of the pharmacies throughout Suffolk take it. And it is available for all Suffolk residents. Now, they are available at Town Hall, these discount cards. Am I correct about, Scott? SUPERVISOR RUSSELL: I asked you, Nick, bring them in and then we will distribute them. And I think we have put them in bowls in several offices. MR. TSOUNIS: And if you get more, if you ever need my help, I will be glad to get more for the Town. SUPERVISOR RUSSELL: Thank you. MR. TSOUNIS: Thank you. SUPERVISOR RUSSELL: Thank you, Nick. Would anybody else like to come before the Town Board on any issue? Mrs. Egan. JOAN EGAN: Joan Egan, East Marion. I left you a note a couple of weeks ago... SUPERVISOR RUSSELL: A checklist of what needs to be done at the Recreation Center? MS. EGAN: You took heed of it? SUPERVISOR RUSSELL: Oh, I took heed of it and we are, it is part of the work plan.... MS. EGAN: I don't know whether I incorporated in that to get to the area where the burners and Page 49 January 30, 2007 Town of Southold Board Meeting Minutes oil is housed, you have to go outside the building. You should be able to gain access to that from inside the building if it isn't too impossible. You really shouldn't have to go outside to do that. So that was important. I know this won't sit too well but I am going to say it anyhow, the Town Hall meeting is shown 21 times a week and I know it is not a prerequisite to get your paycheck to look at it but I do think, and I hope, you can get it across to employees of Town Hall, whether they are salaried or elected that they take the opportunity to see what they have partially created by their jobs. Because otherwise, they don't know what is going on. They read the paper but they don't really know what happened here. So, I don't know how you can get that across to them but I think it is a good idea to try. Okay? I would again caution everybody and anybody not to use their cell phones when they are driving. It is causing so many accidents, it is beyond belief. I myself nearly got one at Third Street light. She was using her phone and I am very good about the horn, you have noticed that. I hit that horn while she was on the cell phone and let me tell you, she gave me the bird. I ruined her call. She learned a lesson but what are you going to do? I would also again, repeating, it is worth repeating, you see something you tell the police or you call the child protection agency. It is all in your telephone book. Now, we spent quite a bit of money to do a study about the Cross Sound ferry and the traffic. I am not going to ask you for the report, it doesn't matter. The ferry is not going to go away. It is not going to go away. It makes no money from it, I think maybe our merchants maybe make some money from it but not an awful lot. So, I keep repeating. Maybe it will get across one day. Rezone that property out there and do exactly what Connecticut does. Build a parking lot, charge them and put a surcharge on every car that comes over there. It is the only way you are going to get anyplace, the only way. Thank you very much. SUPERVISOR RUSSELL: Thank you. Let me ask you, when that lady flipped you the bird, be honest now, you didn't flip one back? MS. EGAN: No, no. I laughed. I laughed. SUPERVISOR RUSSELL: When anybody else like to address the Town Board? MIKE VERITY: Mike Verity, Chief Building Inspector, Town of South old. A quick question in reference to a previous meeting, if I may? The Organizational meeting, unfortunately I wasn't able to attend, I was out of the area but I did get a chance to review the agenda after the fact but I did notice that I was not part of the Emergency Management team anymore and I was just curious if that was an oversight? SUPERVISOR RUSSELL: We can talk about it, if you want to come in tomorrow. MR. VERITY: Okay. SUPERVISOR RUSSELL: We can do that. COUNCILMAN WICKHAM: Is that a Supervisor's appointment? SUPERVISOR RUSSELL: Yes. Page 50 January 30, 2007 Town of Southold Board Meeting Minutes MR. VERITY: I wasn't sure ifit was Town Board or Supervisor.... SUPERVISOR RUSSELL: It is mine. And I will be happy to sit down and talk to you about that. MR. VERITY: Is there a time where I can stop over? SUPERVISOR RUSSELL: Yeah, we will set something up right after the meeting. MR. VERITY: Okay. Very good. Thank you. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board on any issue? COUNCILMAN WICKHAM: Scott, I have a couple of comments I would like to make tonight. First of all, you all know that the Board did adopt the HALO boundaries, seven of the eight hamlets. A great deal of work went into that, both among the stakeholders, the Town's Planning Department and to some extent, the Town Board. This isn't a final action. What we do with those hamlet boundaries will be more important than the adoption of them but it is a step that we go along. We did not do Greenport's today because we have to have more discussions with the Village of Greenport before we complete that one but I, for me, this is quite a significant step forward. I want to comment briefly on the land acquisitions that we just made. By my calculations, over $3 million will have been spent for those three acquisitions, is that about right, Melissa? And that is a substantial amount of money that we will have to be talking about in the future, but two of those three acquisitions; the Peconic Land Trust is the contract vendee, the Trust in effect is buying it with the intent of turning it over, selling it, making it available to a bona fide agricultural operation at some stage. Two of these three parcels are not currently being farmed and the intent is to keep them in agriculture not to see them just go into scrub and ultimately lost to the farming base of this Town. Peconic Land Trust is developing some new concepts that will bring some new blood into agriculture, some new technologies and that we hope will lead to a stronger, more vibrant and more permanent agricultural base in the Town. Thirdly, last meeting two weeks ago, we accepted the resignations of three people and the meeting closed without giving recognition to those people. They are all three have made real contributions to the Town. One of them is sitting with us today, Ruth Oliva, who has resigned from the Anti-Bias Task Force. Her colleague there was Imelda Corcoran who resigned and from the Board of Ethics was William Thompson (tape malfunction) significantly to the Town and I am sure the Board will join me in expression of appreciation for their service. Thank you, Scott. SUPERVISOR RUSSELL: Would any Town Board member like to go? (tape malfunction) and the Greenport halo, a lot of unique challenges there. It is the one halo that includes a village which is beyond our jurisdiction, so we thought it appropriate to set it to the side and work out those unique challenges with the Village and move ahead on the rest ofthe HALO'S. Page 51 January 30, 2007 Town of Southold Board Meeting Minutes MERLE LEVINE: Good evening. I know you are probably all eager to get home for dinner and I will be brief. The Anti-Bias Task Forces of the east end, for the first time, have come together out of a sense of real need and real opportunity. The possibility of providing a work shop for people in each of our towns on unraveling racism is being presented. And we have committed ourselves to being part of that. What it involves for our part as an Anti-Bias Task Force, we have, I guess all of our Anti-Bias Task Forces believe that it is important that we deepen our own understandings, that we learn to be more effective and that we engage more people in that concern for stopping bias. And as a Board you have supported this Anti-Bias Task Force, I think since Tom Wickham started it, way back. So, what we have done is we have committed almost our entire years budget to provide for scholarships for each of the schools to send one teacher to such a training. What we are asking is, if the Town Board would support having, to underwrite having law enforcement officers, some of the Anti-Bias Task Force members and other personnel that you think would benefit, would be open to this kind of learning, would benefit from it and would bring it back to share with their constituencies. I have a tiny packet which describes the program and also the organization behind it, 'Escape Racism'. You may have heard of them because, it is 'Erase Racism' because they are the ones who were instrumental in getting the fair housing legislation in both Nassau and Suffolk counties. And if you have any other questions that I can answer, I would be glad to try. COUNCILMAN WICKHAM: If! can just comment, Merle Levine is the chair of the Anti-Bias Task Force and with those two resignations two weeks ago there are two positions open and the Town is canvassing and seeking resumes. Any people in the public who feel they can make a contribution, the Town would be pleased to get their expression of interest; addressed to the Town Clerk's office. MS. LEVINE: Thank you. I should tell you that Carolyn Peabody, professor at Southampton and our vice-president and out friend and our guru, has been through this training and she says it is just excellent and if anybody would know, she would. So, let me give you this material. We are one of the Anti-Bias Task Forces that the workshop itself is limited to 40 adults. That includes from all of us. And so we would need to be able to send in our applications by mid February at the latest in order to be assured that our people could go and it would be very good if those of us from across Southold Town went and could compare and bring back and plan how to share with the rest of the community. So let me give these to you. SUPERVISOR RUSSELL: We should also mention to the public tonight that we do have a hotline now for, so you can reach the Anti-Bias Task Force, if you have something to report. The number that we assign, Merle, do you remember what our phone number is for our new hotline? MS. LEVINE: I don't. SUPERVISOR RUSSELL: Well, you can call the Supervisor's office and get it. We set up the answering machine in there and there is actually a bilingual message on there now, so that we can reach everybody that we can hope to reach. Can I get motion to adjourn? Page 52 January 30, 2007 Town of South old Board Meeting Minutes 6. Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:40 P.M. . . . . . rt5Y~.ud0: 7?~N~i'd ~~:t;~ Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Scott Russell, Supervisor SECONDER: Daniel C. Ross, Councilman A YES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. . Page 53