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HomeMy WebLinkAboutTB-02/13/2007 ELIZABETH A. NEVILLE TOWN CLERK Town Hall, 53095 Main Road PO Box 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 February 13,2007 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, February 13,2007 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 7:30 PM with the Pledge of Allegiance to the Flag. Attendee Name Organization Title Status Arrived Albert Krupski Jr. Town of South old Councilman Present William P. Edwards Town of South old Councilman Present Daniel C. Ross Town of Southold Councilman Present Thomas H. Wickham Town of South old Councilman Present Louisa P. Evans Town of Southold Justice Present Scott Russell Town of South old Supervisor Present Elizabeth A Neville Town of Southold Town Clerk Present Patricia A Finnel1an Town of South old Town Attornev Present I. Reports 1. North Fork Animal Welfare League Financial Statements for the years ended December 31, 2006 and 2005 2. Justice Bruer January 2007 3. Town Clerk Report January 2007 4. Justice Evans January 2007 Page I February 13,2007 Town of Southold Board Meeting Minutes 5. Zoning Board of Appeals January 2007 6. Zoning Board of Appeals 2006 Annual Report 7. Land Tracking Report Fourth Quarter 2006 8. Town Clerk 2006 Annual Report 9. Town Clerk 2006 Semi-Annual Report - 2ND Half 10. Town Clerk 2006 3rd Quarter Report 11. Town Clerk 2006 4th Quarter Report II. Public Notices 1. Renewal of NYS Liquor License Miceli Vineyards LLC 2. NYS DEC Notice of Complete Application Joseph Brittman, Main Bayview RD, Southold, NY SCTM #1000-78-2-11 3. Renewal of NYS Liquor License Willowmere Inn, Ltd., 730 Main Bayview Road, Southold III. Communications IV. Discussion 1. 9:00 AM - Melissa Spiro and Kevin McDonald Financing Upcoming Opportunities of Land Preservation 2. 10:00 AM Renewable Energy Comm Draft code Language for Small Wind Energy Systems for Agricultural Uses Page 2 February 13, 2007 Town of South old Board Meeting Minutes 3. 10:30 John Burgess, Jamie Richter Animal Shelter Bid Drawings and Documents 4. Building Permit Refund Request Theodore C. Martz Jr. for expired building permits 5. Land Preservation Committee Appointment of Chairperson Schedule interviews for vacancy 6. Appointment of Anthony Wolbert to Renewable Energy Committee 7. Board of Ethics Interviews 8. Appointment to Vacancies on Anti-Bias Task Force 9. 12:30 Traffic Study Steven Schneider 10. No Parking, Pike Street and Mary's Road, Mattituck 11. Update on PDD Councilman Edwards 12. Home Rule Request State Assembly 1077 13. Home Rule Request State Assmebly 985 14. 1:30 PM Executive Session Property Acquisition - Melissa Spiro, Jim McMahon, Jamie Richter, Kieran Corcoran 15. Executive Session Update of Pending Litigation 16. Executive Session Personnel - Leave of Absence Request 17. Executive Session Police Personnel Page 3 February 13, 2007 Town of South old Board Meeting Minutes V. Minutes Approval 1. Tuesday, January 02,2007 2. Tuesday, January 02, 2007 3. Tuesday, January 16,2007 4. Tuesday, January 30, 2007 VI. Resolutions 1. Statement SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. Before we get to the agenda, I would just like to ask for a moment of silence for the passing of Edward Siegmann. I know everyone knows Mr. Siegmann. He was a fixture in this community and for someone who never ran for office, left a huge imprint on town, state and county government. So would everyone please rise for a moment? Thank you. Would anyone like to come up before the Town Board and address any issue as it appears on the agenda? (No response) let's move forward. 2007-161 CATEGORY: DEPARTMENT: Audit Town Clerk Audit February 13, 2007 RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated Februarv 13, 2007. ./ Vote Retord - Resolution RES-2007-161 Yes/Aye No/Nay Abstain Absent iii Adopted A}be~l<1-upsl<i Jr. 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 2007-162 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Next Meeting 2/27/07 Page 4 February 13, 2007 Town of Southold Board Meeting Minutes RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, February 27,2007 at the Southold Town Hall, Southold, New York at 4:30 P. M.. ., Vote Record~Resolution RES-2007-162 Ii!! Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn Albert I<rupsl<i Jr. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Voter Voter Voter Seconder Initiator Voter y es!AY~ Ii!! Ii!! Ii!! Ii!! Ii!! Ii!! l'<rl()!Nl'lY o o o o o o Abstain o o o o o o Absent o o o o o o 2007-163 Tabled 1/30/2007 4:30 PM CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Modification - Police Dept RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 General Fund Whole Town budl!et as follows: From: A.3020.1.1 00.1 00 A.3020.4.100.550 A.3020.4.400.600 A.3120.1.100.100 A.3120.1.200.100 A.3120.1.300.100 A.3120.1.300.200 A.3120.2.200.200 A.3120.2.300.1 00 A.3120.2.500.350 A.3120.2.500.400 A.3120.2.500.850 A.3120.4.1 00.1 00 A.3120.4.100.200 A.3120.4.100.500 A.3120.4.100.550 A.3120.4.100.600 A.3120.4.100.700 A.3120.4.100.750 A.3120.4.100.800 A.3120.4.100.900 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 Food/Vet Bills First Aid Supplies Miscellaneous Supplies $ 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 1,694.46 1,869.56 826.18 145.88 4,355.57 206.90 166.26 98.31 221.77 Page 5 February 13, 2007 Town of Southold Board Meeting Minutes A.312004o400.700 A.312004o400.800 A.312004.600.l00 A.312004.600.200 A.312004.600.300 A.3120.4.6000400 A.312004.600.600 A.3130. 1.200. 1 00 A.3130. 1.300. 1 00 A.3130.1.300.200 A.313004.1 00.1 00 A.313004. 1 00.200 A.313004.100.500 A.313004o400.600 A.313004o400.800 A.313004.600.200 A.313004.600.600 A.315704.lOO.100 A.315704.100.l50 A.315704.lOO.200 A.3157.4.600.l50 A.3640.2.500.600 A.3640.2.500.700 A.364004.200.100 A.364004.600.200 A.199004.100.200 TO: A.3020.1.100.200 A.3020.1.100.300 A.3020.1.1000400 A.3020.1.100.500 A.3020.2.200.700 A.302004.100.600 A.302004.200.100 A.3120. 1.1 00.200 A.3120.1.l00.300 A.3120.1.1000400 A.3120.1.l00.500 A.312004o400o400 A.312004o400.600 A.312004o400.650 A.312004o400.925 A.312004.500.200 A.3130.1.l 00.1 00 Vehicle Impound Photo Service Confidential Informant 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 1,111.39 725.23 274.00 5,649.60 100.00 1,700.00 330.00 7,952046 26,772.64 76.78 194047 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 1,956.43 175.00 102.50 9,005.61 Page 6 February 13, 2007 Town of South old Board Meeting Minutes A.3130.1.100.200 A.313004.IOO.600 A.313004.200.100 A.313004o400.650 A.313004.500o400 A.3 I 5704.600.200 A.3640.1.200.100 A.364004o400.I00 Overtime Earnings Uniforms & Accessories Cellular Phone Vehicle Maintenance Fishers Island Constable Training Regular Earnings FI Deputy Coordinator -/ Vote Record. Resolution RES-2007-163 '" Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn 2007-164 CATEGORY: DEPARTMENT: All>~!"t~p~~)t. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Employment - Town Accounting Promotion Lucille Cappabianco 123.19 35.95 476.78 1,922.54 414.62 88.07 999.50 500.00 Voter Voter Voter Seconder Voter YE!s/AYE! '" '" '" '" '" '" N()!NIlY o o Abstain o o o o Absent o o o RESOLVED that the Town Board of the Town of Southold hereby promotes Lucille Cappabianco to the position of part-time Senior Clerk Tvpist for the Zoning Board of Appeals, effective February 19, 2007, at a rate of $12044 per hour. .;' Vote Record - Resolution RES-2007-164 Yesl Aye No/Nay Abstain Absent '" Adopted Albert Krupski Jr. Seconder '" 0 0 0 0 Adopted as Amended William P. Edwards Initiator '" 0 0 0 0 Defeated Daniel C. Ross Voter '" 0 0 0 0 Tabled Thomas H. Wickham Voter '" 0 0 0 0 Withdrawn Louisa P. Evans Voter '" 0 0 0 Scott Russell Voter '" 0 0 0 2007-165 CATEGORY: DEPARTMENT: Employment - Town Accounting Promotion Jill Franke to Account Clerk RESOLVED that the Town Board ofthe Town of Southold hereby promotes Jill Franke to the position of a part-time Account Clerk for the Recreation Center, effective February 19, 2007, at a rate of $12.82 per hour. Page 7 February 13, 2007 Town of Southold Board Meeting Minutes '" Vote Record - Resolution RES-2007-16S It! Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn J\l.,~J\rlIp~~i!r. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Voter Voter Initiator Voter Seconder Voter Yes/Ay~ It! It! It! It! It! N()~~Y o o o o o Abstain o o o o Absent o o o o o o o 2007-166 CATEGORY: DEPARTMENT: Employment - Town Accounting Hire Elizabeth Cantrall Clerk Typistfor Trustees RESOLVED that the Town Board of the Town of Southold hereby appoints Elizabeth Cantrell from the Suffolk County Civil Service list of Elildbles to the position of Clerk Tvpist to the Southold Town Trustees office, effective March 1,2007, at a rate of $30,720.98 per annum. " Vote Re(ord - Resolution RES-2007-t66 Yes/Aye No/Nay Absent It! Adopted Albert Krupski Jr. Voter It! 0 0 0 Adopted as Amended William P. Edwards Voter It! 0 0 0 0 Defeated Daniel C. Ross Voter It! 0 0 Tabled Thomas H. Wickham Seconder It! 0 0 0 Withdrawn Louisa P. Evans Initiator It! 0 0 0 Scott Russell Voter It! 0 0 0 2007-167 CATEGORY: DEPARTMENT: Budget Modification Human Resource Center Budget Mod From Donations to HRC Equip/Furniture RESOLVED that the Town Board of the Town of Southold hereby modifies the 2007 General Whole Town budl!:et as follows: To: Revenues A.2705.40 Programs for the Aging Gifts and Donations\ Other Donations $295.00 To: Appropriations A.6772.2.500.200 Programs for thc Aging Page 8 February 13, 2007 Town of Southold Board Meeting Minutes Other Equipment/Chairs $295.00 ./ Vote Record ~Resolution RES-ZOO7-167 y~~ 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 Initiator 0 0 0 0 0 Withdrawn Louisa P. Evans Seconder 0 0 0 0 Scott Russell Voter 0 0 0 0 2007-168 CATEGORY: DEPARTMENT: Attend Seminar Recreation Attend NYSRPS Conference RESOLVED that the Town Board of the Town of Southold hereby I!rants permission to Recreation Supervisor Kenneth Reeves to attend the NYSRPS Annual Conference in Buffalo. NY from April 21 - 25. 2007, with all expenses for registration, travel, meals, and lodging to be a legal charge to the 2007 budget line A7020.4.600.200 (meetings and seminars). ./ Vote Record - Resolution RES-2007-168 0" Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn Albert Krupski Jr. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Initiator Seconder Voter Voter Voter Voter Yes/Aye o o NOfI'l8:Y o o o Abstain o o o o o o Absent o o o o o 2007-169 CATEGORY: DEPARTMENT: Attend Seminar Police Dept Grant Permission to Police Officer Thomas Hudock to Attend State of New York Juvenile Officers Association Quarterly Meeting In Syracuse, NY RESOLVED that the Town Board of the Town of South old hereby I!rants permission to Police Officer Thomas Hudock to attend the State of New York Juvenile Officers Ouarterlv Meetinl! commencinl! Thursdav. March 1 throul!h Fridav. March 2. 2007. in Svracuse. New York. All expenses for gas and tolls to be a legal charge to the 2007 JAB budget line A.3l47.4.600.200. Lodging to be paid for by State of New York Juvenile Officers Association. Page 9 February 13, 2007 Town of South old Board Meeting Minutes '" Vote Record- Resolution REs..2007-169 Yes/f:\ye :NllfNllY Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'! 0 0 0 Defeated Daniel C. Ross ,Y9t~ Ii'! 0 Tabled Thomas H. Wickham : Voter Ii'! 0 0 Withdrawn Louisa P. Evans Seconder Ii'! 0 0 Scott Russell Voter Ii'! 0 0 2007-170 CATEGORY: DEPARTMENT: Budget Modification Solid Waste Management District SWMD Final 2006 Budget Mods RESOLVED that the Town Board ofthe Town of Southold hereby modifies the 2006 Solid Waste Manal!ement District budl!et as follows: Appropriations: To: SR.1490.1.1 00.1 00 SR.8160.1.100.200 SR.8160.1.100.300 SR.8160.1.100.400 SR.8160.1.100.500 SR.8160.2.500.200 SR.8160.2.500.600 SR.8160.4.100.200 SR.8160.4.100.250 SR.8160.4.100.560 SR.8160.4.100.596 SR.8160.4.100.700 SR.8160.4.100.800 SR.8160.4.200.200 SR.8 I 60.4.400.805 SR.8160.4.400.850 SR.8160.4.400.900 SR.8160.4.500.150 SR.9030.8.000.000 SR.9040.8.000.000 SR.9901.9.000.000 FROM SR.1420.4.500.100 SR.1490.I.I00.200 SR.8160.1.1 00.1 00 Full-Time Employee Regular Earnings Full-Time Employee Overtime Earnings Full-Time Employee Vacation Earnings Full-Time Employee Sick Earnings Full-Time Employee Holiday Earnings Garage & Shop Equipment Misc Sanitation Equipment Diesel Fuel Heating Fuel Maint-Cat ITl2B Payloader Maint-Tub Grinder Hazmat Training/Supplies Maint- Facilities/Grounds Light & Power MSW Removal Refrigerant Removal Security/Alarm Systems Groundwater Monitor Social Security Benefits Workers Compensation Benefits Transfers to Health Plan Legal Counsel Full-Time Employee Overtime Earnings Full-Time Employee Regular Earnings 4,965.00 3,101.00 2,835.00 23.00 18,593.00 224.00 20.00 1,236.00 49.00 43.00 6,079.00 92.00 106.00 8,220.00 35,222.00 32.00 576.00 3,920.00 5,934.00 26.00 1,720.00 25.00 237.00 1,164.00 Page 10 February 13, 2007 Town of Southold Board Meeting Minutes SR.8160.1.200.100 SR.8160.2.200.300 SR.8160.2.200.400 SR.8160.2.500.300 SR.8160.2.500.450 SR.8160.2.500.700 SR.8160.2.500.750 SR.8160.2.500.800 SR.8160.4.100.100 SR.8160.4.100.120 SR.8160.4.100.125 SR.8160.4.100.150 Part-Time Employee Regular Earnings Filing/Storage Equipment Computer Equipment Traffic Control Devices Radio Equipment Transfer Station Improvements Heating & Lighting Equipment Pavement Office Supplies Employee Work Gear Misc Supplies Scalehouse Paper/Supplies 1,270.00 270.00 27.00 1,320.00 113.00 5,805.00 11.00 97.00 110.00 34.00 19.00 347.00 Page II February 13, 2007 Town of Southold Board Meeting Minutes SR.8160.4.100.225 SR.8160.4.100.300 SR.8160.4.100.325 SR.8160.4.100.400 SR.8160.4.100.500 SR.8160.4.100.525 SR.8160.4.100.550 SR.8160.4.100.551 SR.8160.4.100.573 SR.8160.4.100.580 SR.8160.4.100.581 SR.8160.4.100.590 SR.8160.4.100.600 SR.8160.4.100.610 SR.8160.4.100.615 SR.8160.4.100.625 SR.8160.4.1 00.630 SR.8160.4.100.635 SR.8160.4. 1 00.640 SR.8160.4.100.645 SR.8160.4.100.646 SR.8160.4.100.900 SR.8160.4.100.995 SR.8160.4.200.100 SR.8160.4.200.400 SR.8160.4.400.250 SR.8160.4.400.300 SR.8160.4.400.625 SR.8160.4.400.645 SR.8160.4.400.650 SR.8160.4.400.660 SR.8160.4.400.675 SR.8160.4.400.700 SR.8160.4.400.810 SR.8160.4.400.815 SR.8160.4.400.820 SR.8160.4.400.825 SR.8160.4.450.200 SR.8160.4.500.400 SR.8l60.4.600.300 SR.8160.4.600.400 SR.8160.4.600.500 SR.8160.4.600.600 SR.8160.4.600.700 SR.8160.4.600.800 Lubricants Odor Control Soaps & Degreasers Welding Supplies Motor Vehicle Glass Tires Maint-Komatsu Payloader Maint-Cat 966 Loader Maint-Trommel Screen Maint-Ford Tractor Supplies-Kenworth Tractor Maint-Mack Tractor Misc Equip MaintlSupplies MaintlSupplies- Forklift Maint Cat 816B Compactor Maint Chevy Pickup Maint SW Coordinator Vehicle Maint Police Car Maint Trailer Fleet Maint Fire Truck Maint Mechanic Truck Landscaping Supplies Signage Telephone Water Comp Software Support Contract Public Information/Printing Tire Repair Maint/Sup-Fire Truck Repairs Cat IT12B Forklift Repairs Repairs Cat 816B Compactor Equipment Rental C & D Removal Scrap Tire Removal Plastic Recycling Glass Removal Advertising Waste Solution Consultant Travel Reimbursement Postage Freight & Express Mail Dues & Subscriptions Licenses & Permits Petty Cash Expenses 713.00 360.00 250.00 27.00 750.00 1,012.00 392.00 401.00 18.00 148.00 28.00 51.00 281.00 47.00 145.00 244.00 119.00 323.00 507.00 597.00 29.00 947.00 337.00 161.00 49.00 100.00 1,260.00 731.00 765.00 49.00 695.00 115.00 450.00 884.00 66.00 176.00 300.00 1,459.00 20.00 164.00 182.00 41.00 256.00 300.00 25.00 Page 12 February 13, 2007 Town of South old Board Meeting Minutes SR.9010.8.000.000 SR.9055.8.000.000 SR.9055.8.000.300 SR.971O.7.100.100 SR.9730.7.000.000 SR.9795.7.000.000 SR.9901.9.000.100 SR.9901.9.000.300 Revenues: NYS Retirement Employee Benefit Fund Disability Insurance Serial Bond Interest B.A.N. Interest Interfund Loan Interest Transfer to Capital Fund Transfer to Risk Retention Fund 70.00 1,061.00 373.00 820.00 361.00 362.00 645.00 18,578.00 To: SR.5990.00 Appropriated Fund Balance 43,923.00 ./ Vote Record - Resolution RES-2007-t70 Xes/AY!. NoINllY Abstain Absent Ii1I Adopted Albert Krupski Jr. ,yo~,?, Ii1I 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii1I 0 0 0 0 Defeated Daniel C. Ross "'Initiator Ii1I 0 0 0 0 Tabled Thomas H. Wickham Voter Ii1I 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii1I 0 0 Scott Russell Voter Ii1I . 0 b 0 2007-171 CATEGORY: DEPARTMENT: Consulting Public Works Recreation Center Improvements RESOLVED that the Town Board of the Town of South old hereby accepts the proposal of L.K. McLean Associates, P.c. for enl!ineerinl! services to prepare a bid packal!e for a roof svstem and buildinl! improvements for the Town of Southold Recreation Center (Peconic Lane. Peconic, NY) in the amount of$ 6,560 and authorizes Supervisor Scott Russell to sign the proposal, subject to the approval of the Town Attorney ./ Vote Record - Resolution RE8-2007-171 Yes/Aye N'olNllY Abstain Absent Ii1I Adopted Albert Krupski Jr. Voter Ii1I 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii1I 0 0 0 0 Defeated Daniel C. Ross Voter Ii1I 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii1I 0 0 0 0 Withdmwn Louisa P. Evans Initiator Ii1I 0 0 0 Scott Russell Voter Ii1I 0 0 0 2007-172 CATEGORY: Consulting Page 13 February 13, 2007 Town of Southold Board Meeting Minutes DEPARTMENT: Community Development New Suffolk Drainage Improvements RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of L.K. McLean Associates. P.C. for survevinl!: services for the New Suffolk Drainal!:e Improvements (Jackson Street) in the amount of$ 4,350 and authorizes Supervisor Scott Russell to sign the proposal, subject to the approval of the Town Attorney. ./ Vote ReciJrd ~ Resolution RES~2007~ ]72 Ii'! Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn Albert Krupski Jr. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Voter Voter Voter 'Initiator Seconder Voter Yes/Aye Ii'! Ii'! Ii'! Ii'! Ii'! Ii'! NolNay o o o o o o Abstain o o o o o o Absent o o o o o o 2007-173 CATEGORY: DEPARTMENT: Attend Seminar Police Dept Grant Permission to Detective Sergeant John Sinning to Attend MAGLOCLEN Annual Meeting and Training Conference In Grand Rapids, Michigan RESOLVED that the Town Board of the Town of Southold hereby I!:rants permission to Detective Serl!:eant John Sinninl!: to attend the annual meetinl!: and traininl!: conference offered bv MAGLOCLEN (Middle Atlantic-Great Lakes Orl!:anized Crime Law Enforcement Network) commencinl!: on Mondav. April 2. 2007 throul!:h Fridav. April 6. 2007 in Grand Rapids. Michil!:an. All expenses for registration and meals to be a legal charge to the 2007 Police budget training line - A.3120.4.600.200. Travel and lodging to be paid for by MAGLOCLEN. ./ Vote Record - Resolution RES-2007-173 Yes/Aye ",o/Nay Abstain Absent Ii'! Adopted Albert Krupski Jr. Initiator 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 Voter Ii'! 0 0 0 0 Withdmwn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-174 Page 14 February 13, 2007 Town of Southold Board Meeting Minutes CATEGORY: DEPARTMENT: Employment - FIFD Accounting Increase FIFD E. Carboni RESOLVED that the Town Board of the Town of Southold hereby increases the salary of Edward Carboni. Fishers Island Ferry District. to the amount of $11.00 per hour, as a result of obtaining his Captains license, effective February 15, 2007. ./ Vote ReCC)rd - Resolution RES-2007-174 Xt:~Ay~ N()~IlY Abstain Absent 1<1 Adopted i\l~el"t_~p~~_!~~ Seconder 1<1 0 0 0 0 Adopted as Amended William P. Edwards Initiator 1<1 0 0 0 0 Defeated Daniel C. Ross Voter 1<1 0 0 0 0 Tabled Thomas H. Wickham Voter 1<1 0 0 0 0 Withdrawn Louisa P. Evans Voter 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2007-175 CATEGORY: DEPARTMENT: Employment - FIFD Accounting Increase N Espinosa FIFD RESOLVED that the Town Board of the Town of Southold hereby awards Nick Espinosa a 3% wa2e increase as a full time deck hand for the Fishers Island Ferry District, effective January 1, 2007. ./ Vote Record - Resolution RES-2007-175 Ye:s/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 Defeated Daniel C. Ross Initiator 1<1 0 0 Tabled Thomas H. Wickham Voter 1<1 0 0 Withdrawn Louisa P. Evans Seconder 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2007-176 CATEGORY: DEPARTMENT: Employment - FIFD Accounting Promote R Dumouchel FIFD Page 15 February 13, 2007 Town of Southold Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby promotes Robert M. Dumouchel. of Thompson. CT from part time deck hand position. to a full time deckhand for the Fishers Island Ferry District. effective February 15,2007 at a rate of$16.00 per hour. ."" Vote Retord.. Resolution RES-2007~176 o Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn Albert Krupski Jr. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Seconder Voter ,Y()t~ Voter Initiator 'Voler Xe:~Aye o o o o o o ~oINJlY o o o o o o Abstain o o o o o o Absent o o o o o o 2007-177 CATEGORY: DEPARTMENT: Authorize to Bid Public Works Public Works Vehicle RESOLVED that the Town Board of the Town of South old hereby authorizes and directs the Town Clerk to advertise for bids for a new 2007 Commercial Cutaway Van Chasis. with a Trademaster body or equal. for use by the Department of Public Works. -/ Vote Record. Resolution RES-2007-177 yc:s/Ayc: N~~IlY Abstain Absent 0 Adopted AI.,~-,~(~p~~~ 1.r. 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 Initiator 0 0 0 0 0 Withdrawn Louisa P. Evans Seconder 0 0 0 0 Scott Russell Voter 0 0 0 0 2007-178 CATEGORY: DEPARTMENT: Strawberry Fields Town Clerk Grant Permission to the Mattituck Lions Club to Hold Its Annual Strawberry Festival At Strawberry Fields. Mattituck. From Friday, June 15, 2007 Through Sunday, June 17, 2007 RESOLVED that the Town Board ofthe Town of Southold hereby l!:rants permission to the Mattituck Lions Club to hold its Annual Strawberry Festival at Strawberry Fields. Mattituck. from Fridav. June 15. 2007 throul!:h Sunday. June 17. 2007 provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley within ten (10) days of the approval of this Page 16 February 13, 2007 Town of South old Board Meeting Minutes resolution to coordinate traffic control. -/ Vote Reoord.~ Resolution RES~2007.178 Yes/1\ye Nl.!/-N:l':Y. Abstain Absent Ii'! Adopted AI1Jel"t__~P~~~,J~. Initiator Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-179 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Suffolk Bicycle Riders' Association to Use the Following Town Roads for Their Annual Bike - Boat - Bike Event on Sunday, June 3, 2007, Beginning At 7:00 A.M RESOLVED that the Town Board of the Town of South old hereby l!rants permission to the Suffolk Bicvcle Riders' Association to use the followinl! Town Roads for their Annual Bike - Boat - Bike event on Sundav. June 3. 2007. bel!inninl! at 7:00 a.m., provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured and contact Captain Flatley, upon receipt of this approval, to coordinate traffic control: New Suffolk Avenue, Grathwohl Road, Depot Lane, Mill Road, Soundview Road, Soundview Road Ext., Lighthouse Road, Moores Lane, Albertson Lane, Youngs Avenue, Calves Neck Road, Hill Road, Wells Road, Oaklawn Avenue, Jockey Creek Drive, Ackerly Pond Lane, North Bayview Road, Main Bayview Road, Cedar Avenue, Cedar Beach Road, Bridge Lane, Oregon Road, Wickham Avenue, Westphalia Road, Sound Avenue, and Factory Lane. -/ Vote Record - Resolution RES-2007M179 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert KrupskiJ~. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'! 0 0 0 0 Defeated Daniel C. Ross Seconder Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-180 CATEGORY: DEPARTMENT: Attend Seminar Police Dept Page 17 February 13, 2007 Town of Southold Board Meeting Minutes Grant Permission to Senior Bay Constable Donald Dzenkowski to Attend Recertification Class on Tuesdy, March 6, 2007 In Suffolk County RESOLVED that the Town Board of the Town of Southold hereby I!:rants permission to Senior Bav Constable Donald Dzenkowski to attend recertification class in the application of bottom paint on Tuesdav. March 6. 2007. at a location to be determined in Suffolk County. All expenses for registration ($75) and travel, if not by Town vehicle, to be a legal charge to the 2007 Bay Constable Meetings & Seminars Budget line - A.3 I 30.4,600.200. -/ Vote Record - Resolution REg..2007~180 Ye<iAye JlIl(t/N"ay Abstain Absent Ii'! Adopted AI})el"l.~pslci_!~~ Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 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 .V()ter Ii'! 0 . 0 0 2007-181 CATEGORY: DEPARTMENT: Attend Seminar Town Attorney Acceptable Training PB and ZBA WHEREAS Town Law Sections 267 and 271, Village Law Sections 7-712 and 7-718, and General City Law Sections 27 and 81 provide that effective January I, 2007, all Planning Board and Zoning Board of Appeals members in New York State, as well as alternate members of those boards, must complete a minimum of four hours of training each year; and WHEREAS the above sections of state law provide that a planning board or zoning board of appeals member shall not be eligible for reappointment to such board if they have not completed the training required by law; and WHEREAS the above sections of state law provide that the legislative body of the town, village and city specifies which activities qualify as training to satisfy the state requirements; and NOW, THEREFORE, be it RESOLVED, that the following list of agencies, commissions, associations, universities, and other organizations are approved to provide training to meet the state requirements when the training they provide pertains to municipal planning, zoning, community design, environmental issues, economic development, and local government functions and practices: 1) the NYS Department of State; Department of Agriculture and Markets; Office of the State Comptroller; Department of Health; Department of Transportation; Department Page 18 February 13, 2007 Town of Southold Board Meeting Minutes ofEnviromnental Conservation; Office of Parks, Recreation, and Historic Preservation; Hudson River Valley Greenway; and 2) the New York State Association of Towns, the New York Conference of Mayors, the New York State Association of Counties, the New York Planning Federation, the American Planning Association, the Upstate New York Chapter of the American Planning Association and it sections, and the Metro New York Chapter of the American Planning Association and its sections; and 3) the Capital District Regional Planning Commission, Central New York Regional Planning and Development Board, Herkimer-Oneida Counties Comprehensive Planning Program, Lake Champlain-Lake George Regional Planning Board, Long Island Regional Planning Board, Southern Tier Central Regional Planning and Development Board, Southern Tier East Regional Planning Development Board, Southem Tier West Regional Planning and Development Board, Genesee-Finger Lakes Regional Planning Council, Hudson Valley Regional Council, Tug Hill Commission, and Adirondack Park Agency; and 4) the Suffolk County Planning Federation, Suffolk County Planning department(s); and Suffolk County Soil and Water Conservation districts; and 5) the Albany Law School Govemmental Law Center and Institute for Legal Studies, Pace Law School, Cornell University and its cooperative extension; and 6) on-line planning and zoning training programs offered by the New York Municipal Insurance Reciprocal, Pace University and Land Use Law Center, and the Lincoln Institute of Land Use Policy; AND LET IT FURTHER be RESOLVED, that other training activities may be approved on a case-by-case basis by the Town BoardlVillage Board of Trustees/City Council upon the request of a Planning Board or Zoning Board of Appeals member; and be it further RESOLVED, that any new member appointed to fill the last months of a term shall not be required to have attended training to be reappointed to a first full term, but must thereafter comply with the municipal training policy as provided elsewhere herein; and be it further RESOLVED, that training received by a Planning Board member or Zoning Board of Appeals member in excess of four hours in anyone year may be carried over by the member into succeeding years; and be it further RESOLVED, that the Town Clerk and/or Personnel Office shall create and maintain a system of tracking the training individual members complete annually; and such information shall be presented to the appointing authority prior to considering a member for reappointment. Page 19 February 13,2007 Town of Southold Board Meeting Minutes ,/ Vote Record.,. Resolution RES-2007-181 Yes/Aye No/NllY 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 2007-182 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Recreation Hire Spring Instructors RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor Scott A. Russell to execute an a2l"eement with the followinl! individuals for the sprinl! 2007 recreation prOl!rams. all in accordance with the approval ofthe town attornev. Funding for the instructors listed below has been budgeted for in the recreation department's 2007 instructor line A7020.4.500.420. Martine Abitbol (French cooking)....... ..... ...... ...... .......... Carmine Arpaia (Youth Basketball Program)...... ......... ....... Antoinette Beck-Witt (drawing class)......................................... Sara Bloom (memoir writing)...................................................... Thomas Boucher (guitar)... ................... ..... ... .............. ... ........ ...... Eugenia Cherouski (folk dancing)............................................... Doris Coniglio (knitting for beginners)............................ James Crosser (Youth Basketball Program).. .......... ......... Paula Croteau (baking classes)....................................... Country Time Cycle (Bike Repair).... ..... ......... ............... Shirley Darling (tennis)...... ........................................................ Lenora Dome (belly dancing).................................................... Martha Eagle (Aerobics).............................................................. East End Insurance Services (Defensive Driving)..................... Glen Franke (Youth Night Program)...... ...... ............ ......... Jill Franke (Youth Night Program)............ .......... ...... ....... Mike Furst (beginner computer)............................................... Kathy Gadomski (Youth Night Program).. ....... ... ....... ..... Tom Gadomski (Youth Night Program)........................... Bill Gatz (Youth Basketball Program)........................... Nancy Gilbert (Floral Arranging).... ..... ...... ...... ...... ...... Dan Gebbia (dog obedience)..................................................... Carol Giordano (Baton)............................................................... Rebecca Johnson (volleyball)...................................... $25/hour $25/hour $25/hour $25/hour $30/hour $25/hour $25/hour $12.50/hour $25/hour $25/hour $30/class $25/hour $30/hour $ 3 O/person $25/hour $25/hour $25/hour $25/hour $25/hour $25/hour $25/hour $55/dog $25/class $25/hour Page 20 February 13, 2007 Town of South old Board Meeting Minutes Russ L'HommeDieu (weight loss)................................ . Rosemary Martilotta (hatha yoga)............ ............ ........... Tom McGunnigle (basic golf)........................ ............... Judy McLeery (Digital Photography).............................. Cynthia Mignone (Youth Night Program)...................... Elizabeth Morrison (childbirth class).............................. Theresa Pressler (youth programs)... .............................. Riverside Gymnastics (youth gymnastics)................................ Connie Rosnack (Youth Night Program)........... ............ Candice Schott (Youth Night Program)........... ... ........... Megan Schutt (Youth Night Program).... ...... .......... ......... Laurie Short (aerobics classes)................................................... Steve Smith (weight training)...................................................... Touch Dancing Studios (ballroom dancing)......... ............... Mark Parson (golflessons)................................... William Fish (golf lessons)................................................. ./ Vote Re<ord. Resolution RES.2007.182 6'1 Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn AI):)~.~ps){i.!~. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Voter ,. "Seconder Voter Initiator Voter Voter 2007-183 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Amend Resolution No. 2007-74 $25/hour $55/class $50/person $25/hour $25/hour $25/hour $25/hour $60/person $25/hour $25/hour $25/hour $25/hour $25/hour $48/person $85/person $85/person Absent o o o o o o RESOLVED that the Town Board of the Town of Southold hereby AMENDS Resolution No. 2007-74 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Sub-License At!reement amont! the Town of Southold. the Suffolk County Real Property Tax Service At!encv. and the Suffolk County Water Authoritv for the Suffolk County GIS Basemap License Program, for a term that will expire on December 31, ;WW 2011, subject to the approval of the Town Attorney. Page 21 February 13, 2007 Town of South old Board Meeting Minutes ./ Vote Reeord ~ Resolution RE8-2007-183 X~~AY~ No/Nay Abstain : Absent '" Adopted Albert Krupski Jr. Initiator '" 0 0 0 0 Adopted as Amended William P. Edwards Seconder '" 0 0 0 0 Defeated Daniel C. Ross ,,,,,Y()t~~ '" 0 0 0 0 Tabled Thomas H. Wickham Voter '" 0 0 0 Withdrawn Louisa P. Evans Voter '" 0 0 0 Scott Russell Voter '" 0 0 0 2007-184 CATEGORY: DEPARTMENT: Bid Acceptance Town Clerk Leaf Bag Bid Acceptance RESOLVED that the Town Board of the Town of Southold hereby accents the bid of Pabco Industries. LLC. to sunnlv the Town with leaf bal!s for the 2007 Year, all in accordance with the Town Attorney. "'Vote Record ~ResolutionRES-2007-184 '" Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn Al~t:~~p~!ci_~r. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Seconder Initiator Voter Voter Ly~ter Voter Y~~!AY~ '" '" '" '" N~/Nay o o o o Absent o o o o o 2007-185 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Enter Into a 60-Month Lease Agreement Between the Town of South old and IKON Office Solutions, Inc. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Sunervisor Scott A. Russell to enter into a 6O-month Lease Al!reement between the Town of Southold and IKON Office Solutions. Inc. for a Canon IR 5570 copier for the Southold Town Police Department, at a monthly cost of$572.00 pursuant to the New York State contract price, all in accordance with the approval of the Town Attorney, Budget line A.1670.2.200.500. Page 22 February 13, 2007 Town of South old Board Meeting Minutes ., Vote Retord .ResoJutionRES-2007-185 X~s!Aye No/Nay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Initiator Ii'! 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 Withdrnwn Louisa P. Evans 'Seconder Ii'! 0 0 Scott Russell Voter Ii'! 0 0 0 2007-186 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Public Works Letter of Intent RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs SUDervisor Scott A. Russell to si!m a Letter of Intent to DarticiDate in a CooDerative Bid coordinated bv the Board of Educational Service of Nassau Countv for various commodities and/or services, all in accordance with the approval of the Town Attorney. ./ Vote Record.. Resolution RES-2007-186 \'~~AY<<: N()~ay 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 2007-187 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Attorney A Local Law In Relation to Amendments to Exemptionfor Volunteer Fire Fighters and Ambulance Workers WHEREAS, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 13th day of February, 2007 a Local Law entitled "A Local Law in relation to Amendments to ExemDtion for Volunteer Fire Fil!hters and Ambulance Workers" now, therefore, be it RESOLVED that the Town Board of the Town of South old will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the Page 23 February 13, 2007 Town of South old Board Meeting Minutes 13th day of March 2007 at 8:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Exemption for Volunteer Fire Fil!hters and Ambulance Workers" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to Amendments to Exemption for Volunteer Fire Fil!hters and Ambulance Workers. BE IT ENACTED by the Town Board ofthe Town of Southold as follows: I. Purpose - The Town Board of the Town of South old seeks to provide to unremarried spouses of volunteer fire fighters or ambulance workers killed in the line of duty the maximum exemption from Town-imposed taxes available under New York State Law. II. Chapter 245 of the Code of the Town of Southold is hereby amended as follows: 9245-13. Unremarried spouses of volunteer fire fighters or ambulance workers killed III line of duty. [Added 6-20-2006 by L.L. No. 9-2006] Any exemption granted under 9245-11 to an enrolled member of an incorporated volunteer fire company, fire department, or incorporated volunteer ambulance service shall be extended to such deceased enrolled member's unremarried spouse if SHell member is killed iR tHe liRe of dHty; provided, however, that: A. Such unremarried spouse is certified by the authority having jurisdiction for the incorporated volunteer fire company, fire department or incorporated volunteer ambulance service as an unremarried spouse of!lfl a deceased enrolled member of such incorporated volunteer fire company, fire department or incorporated voluntary ambulance service who was killed in the line of duty; and B. Such deceased volunteer died in the line of dutv and had been an enrolled member for at least five years; and C. Such deceased volunteer had been receiving the exemption prior to his or her death: or D. Such deceased member had been an enrolled member for at least twentv vears: and Page 24 February 13, 2007 Town of Southold Board Meeting Minutes E. Such deceased volunteer and unremarried spouse had been receiving the exemption prior to his or her death. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. APPLICABILITY AND EFFECTIVE DATE This Local Law shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January I, 2007. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. 2007-188 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Attorney A Local Law In Relation to Exemptionfor Veterans and Gold Star Parents WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 13th day of February, 2007 a Local Law entitled "A Local Law in relation to Exemption for Veterans and Gold Star Parents" now, therefore, be it RESOLVED that the Town Board of the Town of South old will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 13th day of March 2007 at 8:05 p.m. at which time all interested persons will be given an opportunity to be heard. Page 25 February 13, 2007 Town of Southold Board Meeting Minutes The proposed Local Law entitled, "A Local Law in relation to Exemption for Veterans and Gold Star Parents" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to Exemption for Veterans and Gold Star Parents. BE IT ENACTED by the Town Board of the Town of Southold as follows: II. Purpose - The Town Board of the Town of South old seeks to provide to certain war veterans and gold star parents the maximum exemption for Town-imposed taxes available under New York State Law. II. A new Article VI of Chapter 245 of the Code ofthe Town of South old is hereby adopted as follows: &245-15. Definitions. As used in this Article. the following terms shall have their meanings indicated: GOLD STAR PARENT - A parent of a child who died in the line of duty while serving in the United States Armed Forces during a period of war. PERIOD OF WAR - The Spanish-American War: the Mexican border period: World War I: World War II: the hostilities known as the "Korean War". which commenced June 27.1950. and terminated on January 31. 1955: the hostilities known as the "Vietnam War". which commenced December 22. 1961. and terminated on Mav 7, 1975: and the hostilities known as the "Persian Gulf conflict". which commenced August 2. 1990. VETERAN - A person: A. Who served in the active military. naval. or air service during a period of war or who was a recipient of the armed forces expeditionarv medal. naval expeditionary medal. Marine Corps expeditionary medal or global war on terrorism expeditionary medal. and who was discharged or released therefrom under honorable conditions: or 8. Who was emploved bv the War Shippings Administration or Office of Defense Transportation or their agents as a merchant seaman documented bv the United States Coast Guard or Department of Commerce or as a civil servant employed bv the United States Armv Transportation Service (later redesignated as the United States Page 26 February 13, 2007 Town of South old Board Meeting Minutes Army Transportation Coms, Water Division) or the Naval Transportation Service: and who served satisfactorilv as a crew member during the period of armed conflict, December 7,1941, to August 15, 1945, aboard merchant vessels in oceangoing (i.e., foreign), intercoastal or coastwise service, as such terms are defined under federal law (46 U.S.C.A. &&10301 and 10501), and further to include near-foreign vovages between the United States, Canada, Mexico or the West Indies via ocean routes or public vessels in ocean!J.oing service or foreign waters and who has received a certificate of release or discharge from active dutv and a discharge certificate or an honorable service certificate/report of casualtv from the Department of Defense: C. Who served as a United States civilian emploved bv the American Field Service and served overseas under United States Armies and United States Armv Groups in World War II during the period of armed conflict December 7, 1941, through Mav 8, 1945, and who was discharged or released therefrom under honorable conditions: or D. Who served as a United States civilian flight crew and aviation ground support emplovee of Pan American World Airwavs or one of its subsidiaries or its affiliates and served overseas as a result of Pan American's contract with Air Transport Command or Naval Air Transport Service during the period of armed conflict, December 14, 1941, through August 14, 1945, and who was discharged or released therefrom under honorable conditions. &245- I 6. Exem\Jtion granted to veterans and Gold Star parents. A. The maximum exemption allowable to Qualifving residential real propertv exempt from taxation, under &458-a of the New York Real Propertv Tax Law to the extent of 15% of the assessed value, shall be increased from $27,000 to $54,000. B. In addition to the exemption provided bv Subsection A of this Section, the maximum exemption allowable to veterans who served in a combat theater or combat zone of operations, as documented bv the award of the United States Campaign Ribbon or Service Medal, or the armed forces expeditionarY medal, naval expeditionarv medal, Marine Corps expeditionarv medal, or global war on terrorism expeditionarv medal shall be increased from $27,000 to $36,000. C. The maximum exemption allowable, as an additional exemption available to a veteran who has received a compensation rating from a New York veterans organization or the United States Department of Defense because of a service- connected disabilitv, calculated as the product of the assessed value multiplied bv 50% of the veteran's disabilitv rating under &458-a of the New York Real Propertv Tax Law, is herebv increased from $90,000 to $180,000. D. The Countv of Suffolk herebv elects to include a Gold Star parent within the definition of "Qualified owner" and to include propertv owned bv a Gold Star parent within the definition of "Qualifving residential real propertv", as provided in &458- Page 27 February 13, 2007 Town of South old Board Meeting Minutes a(])(c) and (d) of the New York Real Property Tax Law. on the condition that such property shall be the primary residence ofthe Gold Star parent. The exemption granted by Subsections A and B of this section are hereby extended to the Primary residences of Gold Star parents located within the Town of Southold. The real property tax exemption proyided to Gold Star parents under &458-a of the New York Real Property Tax Law is hereby extended to such Gold Star parents to the maximum extent permissible under state law. ];. Where a yeteran already receiying an exemption pursuant to Section 458 or 458-a of the Real Property Tax Law sells the property receiving the exemption and purchases property within the same town or yillage. the assessor shall transfer and prorate. for the remainder of the fiscal year. the exemption which the yeteran receiyed. The prorated exemption shall be based upon the date the yeteran obtains title to the new property and shall be calculated by multiplying the tax rate or rates for each municipal corporation which leyied taxes. or for which taxes were leyied. on the appropriate tax roll used for the fiscal year or years during which the transfer occurred times the preyiously granted exempt amount times the fraction of each fiscal year or years remaining subsequent to the transfer of title. Nothing in this section shall be construed to remoye the requirement that any such yeteran transferring an exemption pursuant to this section reapply for the exemption authorized pursuant to Section 458-a of the Real Property Tax Law on or before the following taxable status date. in the event such yeteran wishes to receiye the exemption in future fiscal years. IV. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. APPLICABILITY AND EFFECTIVE DATE This Local Law shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January I, 2007. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Page 28 February 13, 2007 Town of South old Board Meeting Minutes '" Vote Reeord - Resolution RES-2007-188 Ii!! Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn Alb~J9lIps~i}~. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Initiator Voter Voter Voter Seconder Voter Yes/Aye Ii!! Ii!! NolNay o o Abstain o o Absent o o o o 2007-189 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Oysterponds UFSD to Use the Following Roads for Its Annual 5K Run/Walk In Orient on Saturday, May 12, 2007 RESOLVED that the Town Board of the Town of Southold hereby l!:rants permission to the Ovsterponds UFSD to use the foUowinl!: roads for its AnnualSK RunlWalk to raise funds for the Charles Woznick Scholarship. in Orient. on Saturdav. Mav 12.2007 beginning at 10:00 AM: Platt Road, Halyoke Road, Orchard Street, Narrow River Road, Harbor Street, Douglass Street, King Street, Village Lane, and Tabor Road, provided they file with the Town Clerk a One Million Dollar Certificate oflnsurance naming the Town of South old as an additional insured and notify Capt. Flatley immediately upon receipt of this resolution to coordinate traffic control. "Vote Record ~ Resolution RES-2001.189 X ~~Aye N':l~lI;Y Abstain Absent Ii!! Adopted AI"ettl<l"l1ps~iJr. Voter Ii!! 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii!! 0 0 0 0 Defeated Daniel C. Ross Voter Ii!! 0 0 0 0 Tabled Thomas H. Wickham Voter 1>'1 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii!! 0 0 0 Scott Russell Voter Ii!! 0 0 0 2007-190 CATEGORY: DEPARTMENT: Budget Modification Town Attorney Budget Modification Town Attorney RESOLVED that the Town Board of the Town of South old hereby modifies the 2006 General Fund Whole Town budl!:et as follows: To: Page 29 February 13,2007 Town of Southold Board Meeting Minutes A.1420.I.lOO.lOO A.1420.l.200.l00 A.1420.4.500.l00 A.1420.4.600.300 A.1420.4.600.600 From: A.1420.l.l00.200 A. 1420. 1.1 00.400 A. 1420.4. 100.200 A.1420.4.200.l00 A. 1 420.4.400.600 A. 1 420.4.600.200 A.1990.4.l 00.1 00 A.90l5.8.000.000 Town Attorney, P.S., FT Regular Earnings Town Attorney, P.S., PT Regular Earnings Town Attorney, C.E., Legal Counsel Town Attorney, C.E., Travel Reimbursement Town Attorney, C.E., Dues & Subscriptions Town Attorney, P.S., FT Overtime Earnings Town Attorney, P.S., FT Sick Earnings Town Attorney, C.E., Books Town Attorney, C.E., Cellular Telephone Town Attorney, C.E., Equip. Maint. & Repairs Town Attorney, C.E., Meetings & Seminars Unallocated Contingencies NYS Police & Fire Retirement $10,655.00 4,751.00 41,345.00 172.00 819.00 $ 5,000.00 5,000.00 569.00 141.00 95.00 44.00 1,059.80 45,833.20 RESOLVED that the Town Board of the Town of Southold herebv modifies the 2006 General Fund Part Town budl!:et as follows: To: B.1420.4.500.200 From: B.1420.1.100.200 B.1990.4.l 00.1 00 Town Attorney, C.E., Legal Counsel Town Attorney, P.S., FT Overtime Earnings Unallocated Contingencies $ 9,050.00 2,500.00 6,550.00 .;' Vote Record - Resolution RES~2007-190 Yes/Aye NolN~y Abstain Absent Ii!I Adopted Albert. KntPski 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 2007-191 CATEGORY: DEPARTMENT: Employment - Town Town Attorney Approves an Agreement Dated February 8.2007. with a Town Employee Extending the Probationary Period of Said Employee RESOLVED that the Town Board of the Town of South old hereby approves an Al!:reement dated Februarv 8, 2007, with a Town emplovee extendinl!: the probationarv period of said emplovee, subject to the approval of the Town Attorney. Page 30 February 13,2007 Town of South old Board Meeting Minutes -/ Vote Record ~ Resolution RES~2007~191 ItI Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn AIIl~I<rupski.J~. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Voter Voter Voter Seconder ,~~it~<1t()~ Voter Yes/t\Y~ li'I ItI ItI ItI ItI ItI NCJ:fr\lIlY o o o o o o Abstain o o o o o o Absent o o o o o o 2007-192 CATEGORY: DEPARTMENT: Refund Town Clerk Deny the Request by Theodore C. Martz Jr.for Refund of Building Permit Fees RESOLVED that the Town Board of the Town of Southold hereby denies the request bv Theodore C. Martz Jr. for refund of Buildinl! Permit fees for Permits No. 30050 and No. 31743. .;' Vote Retord - Resolution RE8-2007-192 Yes/t\.y~ NO/rllIlY Abstain Absent li'I Adopted Albert Krupski Jr. Voter ItI 0 0 0 0 Adopted as Amended William P. Edwards Voter ItI 0 0 0 0 Defeated Daniel C. Ross Voter ItI 0 0 0 0 Tabled Thomas H. Wickham Initiator ItI 0 0 0 Withdrawn Louisa P. Evans Seconder ItI 0 0 Scott Russell Voter li'I 0 0 0 2007-193 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Appoint John Sepenoski As Chairman of the Land Preservation Committee. RESOLVED that the Town Board of the Town of Southold hereby appoints John Sepenoski as Chairman of the Land Preservation Committee. -/ Vote Record - Resolution RES-2007.193 yes/Aye No/Nay Abstain Absent li'I Adopted Albert Krupski Jr. Initiator ItI 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Voter li'I 0 0 0 Tabled Thomas H. Wickham Seconder li'I 0 0 0 0 Withdrawn Louisa P. Evans Voter li'I 0 0 0 Scott Russell Voter li'I 0 0 0 2007-194 Page 31 February 13, 2007 Town of South old Board Meeting Minutes CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Appoint Anthony Wolbert to the Renewal and Alternative Energy Committee RESOLVED that the Town Board of the Town of Southold hereby appoints Anthonv Wolbert to the Renewal and Alternative Ener2V Committee, effective immediately through March 31, 2009. '" Vote ReCord - Resolution RES-2007-194 Yli!~A:Y(! Nl.!(~1lY Abstain Absent iii Adopted A1~_~_~p~~_!r: Seconder iii 0 0 0 .... 0 Adopted as Amended William P. Edwards Initiator iii 0 0 0 0 Defeated Daniel C. Ross Voter iii 0 0 0 0 Tabled Thomas H. Wickham Voter iii 0 0 0 0 Withdrawn Louisa P. Evans ,,,.Y':l~q iii 0 0 0 Scott Russell Voter iii 0 0 0 2007-195 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Appoint Michael Domino and Marjorie Day to the Anti-Bias Task Force RESOLVED that the Town Board of the Town of Southold hereby appoints Michael Domino and Mariorie Dav as members of the Anti-Bias Task Force effective immediately through March 31, 2009 to fill the vacancies created by resignations. .; Vote Record - Resolution RES-2007-195 yes/Aye N()/Nay Abstain Absent iii Adopted Albert Krupski Jr. Voter iii 0 0 0 0 Adopted as Amended William P. Edwards Voter 6'l 0 0 0 0 Defeated Daniel C. Ross Initiator iii 0 Tabled Thomas H. Wickham Voter iii 0 0 0 0 Withdrawn Louisa P. Evans Seconder 6'l 0 0 0 Scott Russell Voter iii 0 0 0 2007-196 CATEGORY: DEPARTMENT: Advertise Town Clerk Authorization to Bid New Animal Shelter Page 32 February 13, 2007 Town of South old Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the construction of the new Southold Town Animal Shelter. ., Vote Record ~ Resolution RES-2007-196 It! Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn Nb~I<rupski Jr. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Voter Voter Voter Seconder ,.Illiti<it()f Voter Y~~A-y~ o It! N()/NllY It! o o o Abstain o o o o Absent o o o o It! It! It! 2007-197 CATEGORY: DEPARTMENT: Trailer Permit Town Clerk Emergency Trailer Permit RESOLVED that the Town Board of the Town of Southold hereby approves the trailer permit application of Nicholas Tsounis. Thomas Tsounis. and Katherine Siolas. Mattituck. New York for a period of six (6) months, the trailer is to be located at 825 Daisy Road, Mattituck, New York, SCTM# 1000-106-8-39 to be used as a one family dwelling during the repair of house which suffered damage from a fire. ., Vote Record - Resolution RES-2007-197 Xe:~AYe: l\J()/NllY Abstain Absent It! Adopted Alb~",~p'*i,Jr. Voter It! 0 0 0 0 Adopted as Amended William P. Edwards Voter It! 0 0 0 0 Defeated Daniel C. Ross Voter It! 0 0 0 0 Tabled Thomas H. Wickham Initiator Iil 0 0 0 0 Withdrawn Louisa P. Evans Seconder Iil 0 0 0 Scott Russell Voter Iil 0 0 0 2007-198 CATEGORY: DEPARTMENT: Misc. Public Hearing Town Attorney PH Comm Pres. Bond 2/27/07 5:05 PM RESOLVED that the Town Board of the Town of South old hereby sets Februarv 27. 2007 at 5:05 p.m. at Southold Town Hall, 53095 Main Road, Southold, NY, as the time and place to hold a public hearing on the Question of authorizinl!: $22.5 million in bonds, said funds to be Page 33 February 13, 2007 Town of South old Board Meeting Minutes used to acquire and manage interests and rights in real property in furtherance of Chapter 17 Community Preservation Fund of the Code of the Town of South old. ./ Vote ReCord -Resolution RES-2007-198 X ~~(~y~ ~()fNay Abstain Absent I1l Adopted Albert Krupski Jr. Initiator 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 Voter 0 0 0 0 Withdrawn Louisa P. Evans Seconder I1l 0 0 0 Scott Russell Voter I1l 0 0 0 2007-199 CATEGORY: DEPARTMENT: Seqra Town Attorney Finds that the Adoption of the Local Law Entitled "A Local Law In Relation to Amendments to the Partial Tax Exemption for Senior Citizens with Limited Income" is Classified As a Type II Action Pursuant to SEQRA Rules and Regulations, RESOLVED that the Town Board of the Town of Southold hereby finds that the adoption of the local law entitled "A Local Law in relation to Amendments to the Partial Tax Exemption for Senior Citizens with Limited Income" is classified as a Tvpe II Action pursuant to SEORA Rules and Rel!ulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. ./ Vote Record ~ Resolution RE8-Z007-199 Yes/Aye NorNa)' Abstain Absent I1l Adopted Albert KlUpski Jr. Seconder I1l 0 0 0 0 Adopted as Amended William P. Edwards Initiator I1l 0 0 0 0 Defeated Daniel C. Ross Voter I1l 0 0 0 0 Tabled Thomas H. Wickham Voter 6'l 0 0 0 0 Withdrawn Louisa P. Evans Voter I1l ~ 0 0 Scott Russell Voter I1l 0 0 2007-200 CATEGORY: DEPARTMENT: Seqra Town Attorney Finds that the Adoption of the Local Law Entitled "A Local Law In Relation to Amendments to the Partial Tax Exemptionfor Disabled Persons with Limited Income" is Classified As a Type II Action Pursuant to SEQRA Rules and Regulations RESOLVED that the Town Board of the Town of Southold hereby finds that the adoption of the local law entitled "A Local Law in relation to Amendments to the Partial Tax Page 34 February 13, 2007 Town of South old Board Meeting Minutes Exemption for Disabled Persons with Limited Income" is classified as a Tvpe II Action pursuant to SEORA Rules and Rel!:ulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. '" Vote Record - Resolution RES-2007-200 Y~_s/Ay~ N~INl!Y Abstain Absent 1<1 Adopted AlIJ~_~p*i}~~ 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 I_~~()114~ 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2007-201 CATEGORY: DEPARTMENT: Seqra Town Attorney Finds that the Adoption of the Local Law Entitled "A Local Law In Relation to Site Plan Review of Landmarked Properties" is Classified As a Type II Action Pursuant to SEQRA Rules and Regulations, RESOLVED that the Town Board of the Town of Southold hereby finds that the adoption of the local law entitled" A Local Law in relation to Site Plan Review of Landmarked Properties" is classified as a Tvpe II Action pursuant to SEORA Rules and Rel!:ulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. '" Vote RecOrd - Resolution RES-Z007-201 y~s/ Ay~ N()!Nl:iY Abstain Absent 1<1 Adopted AIIJ<=rt~pslciJr. Voter 1<1 0 0 0 0 Adopted as Amended William P. Edwards Voter 1<1 0 0 0 0 Defeated Daniel C. Ross Voter 1<1 0 0 0 0 Tabled Thomas H. Wickham Seconder 1<1 0 0 0 0 Withdrawn Louisa P. Evans Initiator 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 43. Statement SUPERVISOR RUSSELL: We have a couple of minutes before our public hearing. Would anybody like to come up before the Town Board and address us on any issue of mutual interest? Would anybody like to come to the Town Board and tell us about your children, your grandchildren, anything you would like to share? COUNCILMAN EDWARDS: How you spent your summer vacation? SUPERVISOR RUSSELL: Carol, let me just give you some updates. First of all, I wish Mr. Carlin was here tonight, he would have seen that we actually have completed plans for the animal shelter. We expect to be going out to bid in about, February 22 and this would be Page 35 February 13, 2007 Town of South old Board Meeting Minutes received by about March 22 and we will do the opening at that point and hopefully things will go according to plan and we will have the animal shelter under way in the not too distant future. COUNCILMAN WICKHAM: I also would like to comment that today the Town Board accepted a report from our Transportation study. The engineers who conducted that report for quite some months now came up and made the presentation. There were some very interesting findings, there is a very thick appendix in the back with a lot of data. One of the things that interested me was even in the summertime, over a quarter or approximately a quarter of the people who entered the Town of Southold are basically coming as a destination to visit our wineries. It was kind of an interesting finding for me. The report divided the Town into three sections and found a great deal of traffic in the western part of the Town divided more or less equally between Sound Avenue and Route 25. The middle section between essentially Cutchogue to Southold includes most of the wineries and the farmstands and the eastern section from Greenport on east, through East Marion and Orient, which found that the traffic congestion on that road, while not yet serious or reaching the peak point is approaching the point where it is becoming inappropriate for further congestion. So it is a very interesting report. Copies will be at the Town Clerk's office and I think it will be useful in the Town's planning in the future. COUNCILMAN EDWARDS: I also would like to add one other matter of clarification of resolution 198 about the $22.5 million in bonds. What it doesn't say in the resolution is that those bonds, which we will have a hearing on, will be issued to be retired from proceeds of the 2% CPF tax. These are not, these are not new bonds that we, where we are going to have to raise taxes to cover them. We anticipate the revenue and it is actually a very conservative portion of the 2% tax. That will come out in the hearing but people should know that is where the money to retire them is coming from. ELEANOR LINGO: My name is Eleanor Lingo and I wanted to thank the Supervisor and Councilman Ross for attending our first Black History program, that was held on Sunday at the First Presbyterian Church in Southold. I was very impressed. That program was just lovely. We had a guest speaker, Mr. Barry Latney that was just excellent. A choir from Shiloh Church that sang their hearts out. And I want to thank all the public that did attend that program. SUPERVISOR RUSSELL: Thank you. COUNCILMAN ROSS: Thank you for your efforts of the Anti-Bias Task Force and for the invite to that nice event. SUPERVISOR RUSSELL: I will tell you, that for what was limited advertising to say the least, for a first ever event, you had a very good turn-out. It was a nice thing to see. And a choir of seven people that sounded like 400 when they sang. Okay, Frank, can't I get you up and say something? FRANK WILLS: Alright. You know where I come from, I would like to compliment the Board on approving the $22 million to purchase the Laurel property (inaudible). So it is a great idea and let's hope we have success in acquiring some of the properties that are being looked at right Page 36 February 13,2007 Town of Southold Board Meeting Minutes now. I was there yesterday looking at them and they were impressive. Good luck in all of that. SUPERVISOR RUSSELL: Thank you. As a point of clarification on that, we actually have a substantial amount of money right now in an account but should our offers go through and many of them look like they are going to be going through, it is actually good news that we need to go out and bond against anticipated futures because it means that the properties and the owners that we have been currying for a few years are now accepting offers and save it now, otherwise it is just going to cost you a lot more down the road and that was the premise today, that everybody I think stood behind. COUNCILMAN ROSS: While we are killing time, the public might want to know today at the work session, the Renewable Energy Committee came before the Town Board and presented proposed legislation that would permit turbines, wind turbines at an agricultural properties. There was a nice discussion and it seems the committee has done a tremendous amount of work and we look forward to moving forward along those lines. A lot of work gets done at the work session and to prepare for formal sessions and we have heard people say that the work sessions should be televised, that is not the case now but that was one item that was presented today that is not on the agenda tonight, so let the public know. SUPERVISOR RUSSELL: So anyway, Lily is six now, Carson is going to be three in March. COUNCILMAN KRUPSKI: Do you have pictures? SUPERVISOR RUSSELL: What's that? Hold on. COUNCILMAN KRUPSKI: And the next meeting, we present the drainage code for... SUPERVISOR RUSSELL: The drainage code for public hearing, very important. COUNCILMAN KRUPSKI: And I urge everyone, we have worked on that for almost a year and I would urge everyone, it will effect everyone in Town and I would urge everyone to get a copy of it and take a look at it because we are eager for help on it if we have to make any adjustments to it before that is passed. SUPERVISOR RUSSELL: Also, Suffolk county the other day had the closing on the property in Mattituck that is purchased by CDC, that is the site for the new 22 acre the Cottages in Mattituck, the affordable housing community that is being built. I believe from what I have heard, the ground clearing is already started out there over the past few days, so that is a project that should be on the ground in the very near future. They are actually meeting shortly with the lottery winners to develop a fair system for site selection on who gets what parcel in there, so they have been working with these tentative buyers for a long time now and it looks like everything is coming to fruition at this point. You were late, young lady. We had a moment of silence for Mr. Siegmann, that was right before we passed the resolution making the Peconic Bay Shopper the official newspaper of Southold Town. You missed those. How old are your kids, Albert? Page 37 February 13, 2007 Town of South old Board Meeting Minutes COUNCILMAN KRUPSKI: I have one in college. You have a few years to go. SUPERVISOR RUSSELL: Anything? Two more minutes. COUNCILMAN WICKHAM: People might be surprised to know that our Justice from Fishers Island goes back and forth by boat and what time are you off tonight? JUSTICE EVANS: Well, while you are all waiting for the hearing to start at 8:00, I am leaving at 8:00 so that I can catch the last boat back to Connecticut in order to get my husband to come and pick me up by boat because there are no more ferries going back to Fishers Island. Otherwise I am here overnight if I miss that boat and with the weather predicted for tomorrow, I would rather get home. COUNCILMAN EDWARDS: I hope that everybody that watches this on television understands what we are up against here. SUPERVISOR RUSSELL: We have a requirement to wait until 8:00 to start the public hearings. JUSTICE EVANS: We did get a letter today from Joan Egan, she was suggesting that everyone in town watch all the meetings. We on Fishers Island don't get cable, so we are unable to watch any of the meetings. COUNCILMAN WICKHAM: Neither do I. JUSTICE EVANS: We don't have the possibility, though. You could get it if you wanted it. COUNCILMAN WICKHAM: I guess I could. SUPERVISOR RUSSELL: Joan Egan actually suggested that I should have the employees mandatorially watch it and I should make it available to them during the day at work. COUNCILMAN WICKHAM: As punishment? SUPERVISOR RUSSELL: Well, I don't know, I don't think I could get them to switch over from ESPN at work but I will 2007-202 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact Local Law to Amend Partial Tax Exemptionfor Senior Citizens with Limited Income WHEREAS, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 16th day of January, 2007 a Local Law entitled "A Local Law in Page 38 February 13,2007 Town of South old Board Meeting Minutes relation to Amendments to the Partial Tax Exemption for Senior Citizens with Limited Income" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, and now therefore be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to the Partial Tax Exemption for Senior Citizens with Limited Income" which reads as follows: LOCAL LAW NO. 4 2007 A Local Law entitled, "A Local Law in relation to Amendments to the Partial Tax Exemption for Senior Citizens with Limited Income". BE IT ENACTED by the Town Board of the Town of South old as follows: I. Purpose - It is the goal of the Town of Southold to provide for the broadest tax exemption provided by New York State Law for Senior Citizens with limited income. This Amendment adjusts those tax exemptions to meet the full extent of the amended State law. II. Chapter 245 of the Code of the Town of Southold is hereby amended as follows: S245-1. Partial Exemption for Senior Citizens. A. Amount of Exemption. (I) Real property owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife, one of whom is 65 years of age or over, shall be exempt from Town taxes to the extent provided, subject to the following income limitations: [Amended 9-29-1998 by L.L. No. 16-1998; 1-30-2001 by L.L. No. 3-2001; 3-25-2003 by L.L. No. 6-2003; 11-18-2003 by L.L. No. 26-2003] Income Extent of Exemption Up to $23,999 $24,000 to $24,999 $25,000 to $25,999 $26,000 to $26,999 $27,000 to $27,899 50g(, 45~<' 40~<' 35~<' 30~<' Page 39 February 13,2007 Town of South old Board Meeting Minutes $27,900 to $28,799 $28,800 to $29,699 $29,799 te $30,599 $30,600 to $31,499 $31,500 to $32,399 2007/08 Limit Up to $25,999 $26.000 to $26.999 $27.000 to $27.999 $28.000 to $28,999 $29.000 to $29,899 $29.900 to $30,799 $30.800 to $31,699 $31.700 to $32.599 $32.600 to $33.499 $33.500 to $34,399 2008/09 Limit UP to $26.999 $27.000 to $27,999 $28,000 to $28,999 $29,000 to $29,999 $30,000 to $30,899 $30.900 to $31.799 $31,800 to $32.699 $32.700 to $33.599 $33.600 to $34.499 $34.500 to $35,399 2009/1 0 Limit Up to $27,999 $28.000 to $28,999 $29,000 to $29,999 $30,000 to $30,999 $31,000 to $31,899 $31.900 to $32,799 $32,800 to $33,699 $33.700 to $34.599 $34,600 to $35.499 25~(' 20~(' 15% 10~(' 5% 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 50% 45% 40% 35% 30% 25% 20% 15% 10% Page 40 February 13, 2007 Town of South old Board Meeting Minutes $35.500 to $36.399 5% 2010/11 Limit UP to $28.999 $29.000 to $29.999 $30.000 to $30.999 $31.000 to $31.999 $32.000 to $32.899 $32.900 to $33.799 $33.800 to $34.699 $34.700 to $35.599 $35.600 to $36.499 $36.500 to $37.399 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 9245-2. Conditions. [Amended 3-12-1985 by L.L. No. 3-1985] No exemption shall be granted: A. If the income of the owner or the combined income of the owners of the property for the income tax year immediately preceding the date of making application for exemption exceeds the sum 0[$32,399 $34.399 effective Julv 1. 2006. $35.399 effective Julv 1. 2007. $36.399 effective July 1. 2008 and $37.399 effective Julv 1. 2009. "Income tax year" shall mean the twelve-month period for which the owner or owners filed a personal income tax return or, if no return is filed, the calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such sum. Such income shall include social security and retirement benefits; interest; dividends; total gain from the sale or exchange of a capital asset, which may be offset by a loss from the sale or exchange of a capital asset in the same income tax year; net rental income; salary or earnings; and the net income from self-employment, but not including a return of capital, gifts or inheritances. In computing net rental income and net income from self-employment, no depreciation deduction shall be allowed for the exhaustion, wear and tear of real or personal property held for the production of income. [Amended 4-5- 1988 by L.L. No. 7-1988; 2-6-1990 by L.L. No. 1-1990; 3-27-1990 by L.L. No. 3-1990; 2-2- 1993 by L.L. No. 2-1993; 12-27-1994 by L.L. No. 31-1994; 11-18-2003 by L.L. No. 26-2003] III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. APPLICABILITY AND EFFECTIVE DATE Page 41 February 13, 2007 Town of South old Board Meeting Minutes This Local Law shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January 1,2007. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ./ Vote Record ~ Resolution RES-2007~202 Ii! Adopted o Adopted as Amended o Defeated o Tabled o Withdmwn Albert~Pslci Jr. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Initiator Seconder Voter ;,.YCl:t~ LY()t~ Voter Y~sJAYt: Ii! Ii! Ii! Ii! o Ii! f'{olNay o o o o o o Abstain o o o o o o Absent o o o o Ii! o 2007-203 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact LL Partial Tax Exemptionfor Disabled WHEREAS, there had been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 16th day of January, 2007 a Local Law entitled "A Local Law in relation to Amendments to the Partial Tax Exemption for Disabled Persons with Limited Income", and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, therefore, be it RESOLVED that the Town Board ofthe Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to the Partial Tax Exemption for Disabled Persons with Limited Income" which reads as follows: LOCAL LAW NO. 5 2007 A Local Law entitled, "A Local Law in relation to Amendments to the Partial Tax Exemption for Disabled Persons with Limited Income". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - It is the goal of the Town of Southold to provide for the broadest tax exemption provided by New York State Law for disabled persons with limited income. This Amendment adjusts those tax exemptions to meet the full extent of the amended State law. II. Chapter 245 of the Code of the Town of South old is hereby amended as follows: Page 42 February 13,2007 Town of South old Board Meeting Minutes S245-10. Exemption granted. B. To be eligible for the exemption authorized by such S459-c and implemented by this article, the maximum income of such person shall not exceed $32,400. $26.000 effective Julv 1. 2006. $27.000 effective Julv 1. 2007. $28.000 effective Julv 1. 2008. and $29.000 effective Julv 1. 2009. Any such person having a higher income shall be eligible for exemption in accordance with the following schedule: [Amended 4-11-2000 by L.L. No. 8-2000; 2-13-2001 by L.L. No. 4-2001; 3-25-2003 by L.L. No. 5-2003; 11-18-2003 by L.L. No. 25-2003] Income Extent of Exemption Up te $23,999 $24,900 te $24,999 $25,000 to $25,999 $26,990 to $26,999 $27,000 to $27,&99 $27,900 te $28,799 $28,800 te $29,699 $29,790 te $30,599 $30,600 te $31,499 $31,500 to $32,399 59% 45~{' 40% 35~{' 30% 25~{' 20% 15~{' 10% 5~{' 2007/08 Limit UP to $25.999 $26.000 to $26.999 $27.000 to $27.999 $28.000 to $28.999 $29.000 to $29.899 $29.900 to $30.799 $30.800 to $31.699 $31.700 to $32.599 $32.600 to $33.499 $33.500 to $34.399 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 2008/09 Limit Up to $26.999 $27.000 to $27.999 $28.000 to $28.999 $29.000 to $29.999 50% 45% 40% 35% Page 43 February 13,2007 Town of South old Board Meeting Minutes $30.000 to $30.899 $30.900 to $31.799 $31.800 to $32.699 $32.700 to $33.599 $33.600 to $34.499 $34.500 to $35.399 30% 25% 20% 15% 10% 5% 2009/10 Limit Up to $27.999 $28.000 to $28.999 $29.000 to $29.999 $30.000 to $30.999 $31.000 to $31.899 $31.900 to $32.799 $32.800 to $33.699 $33.700 to $34.599 $34.600 to $35.499 $35.500 to $36.399 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 2010/11 Limit UP to $28.999 $29.000 to $29.999 $30.000 to $30.999 $31.000 to $31.999 $32.000 to $32.899 $32.900 to $33.799 $33.800 to $34.699 $34.700 to $35.599 $35.600 to $36.499 $36.500 to $37.399 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. APPLICABILITY AND EFFECTIVE DATE Page 44 February 13, 2007 Town of Southold Board Meeting Minutes This Local Law shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January I, 2007. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. .;' Vote Record - Resolution RES-2007-203 Yes! Aye.. NoiNay Abstain Absent [;11 Adopted Albert Krupski Ir. Voter [;11 0 0 0 0 Adopted as Amended William P. Edwards Initiator [;11 0 0 0 0 Defeated Daniel C. Ross Seconder [;11 0 0 0 0 Tabled Thomas H. Wickham Voter [;11 0 0 0 0 Withdrawn Louisa P. Evans ,Y(lt~ 0 0 0 [;11 Scott Russell Voter [;11 0 0 0 2007-204 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact LL Site Plan Review of Landmarked Properties WHEREAS, there had been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 16th day of January, 2007 a Local Law entitled "A Local Law in relation to Site Plan Review of Landmarked Properties", and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, therefore be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Site Plan Review of Landmarked Properties" which reads as follows: LOCAL LAW NO. 6 2007 A Local Law entitled, "A Local Law in relation to Site Plan Review of Landmarked Properties" . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - Site plan applications that also require review of the Historic Preservation Commission under the Historic Landmarks Preservation Law are currently subject to duplicative and sometimes conflicting architectural review. This Amendment would eliminate that unnecessary step only when the Landmarks Law already provides for such reView. Page 45 February 13, 2007 Town of South old Board Meeting Minutes II. Chapter 280 of the Code of the Town of South old is hereby amended as follows: 9280-131. Review procedure. [Amended 5-15-1995 by L.L. No. 7-1995; 12-27-1995 by L.L. No. 25-1995; 12-14-2004 by L.L. No. 25-2004] C. When the Planning Board determines said application to be acceptable, it shall, within 10 business days of such determination, distribute said application and documentation to the Town, county and state agencies having jurisdiction, for their comment. Such referral shall include a referral to the Architectural Review Committee. The Architectural Review Committee shall make a written recommendation to the Planning Board on the site plan within 10 business days of receipt ofthe referral. If the Committee fails to make a recommendation within this time period, the project shall proceed to the Planning Board for consideration without Committee review. Notwithstanding: the foregoing, applications involving onlv structures requiring review bv the Historic Preservation Commission for a Certificate of Appropriateness under Chapter 170 of this Code, Historic Landmark Preservation Law. shall not also be referred to the Architectural Review Committee for review. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ./ Vote Record. Resolution RES-2007.204 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Initiator Ii'! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 VII. Public Hearings 1. Motion To: Motion to recess to Public Hearing Page 46 February 13, 2007 Town of Southold Board Meeting Minutes COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and herebv is declared Recessed in order to hold a public hearinl!. RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. 2. LL Partial Tax Exemption for Sr. Citizens Set PH COMMENTS - Current Meeting: COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 16th day of January, 2007 a Local Law entitled "A Local Law in relation to Amendments to the Partial Tax Exemption for Senior Citizens with Limited Income" AND NOTICE IS HEREBY GIVEN that the Town Board of the Town of South old will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 13th dav of February. 2007 at 8:00 p.m. at which time ail interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to the Partial Tax Exemption for Senior Citizens with Limited Income" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to Amendments to the Partial Tax Exemption for Senior Citizens with Limited Income". BE IT ENACTED by the Town Board of the Town of South old as follows: I. Purpose - It is the goal ofthe Town of South old to provide for the broadest tax exemption provided by New York State Law for Senior Citizens with limited income. This Amendment adjusts those tax exemptions to meet the full extent of the amended State law. II. Chapter 245 of the Code of the Town of Southold is hereby amended as follows: 9245-1. Partial Exemption for Senior Citizens. A. Amount of Exemption. (I) Real property owned by one or more persons, each of whom is 65 years of age or over, orreal property owned by husband and wife, one of whom is 65 years of age or over, shall be exempt from Town taxes to the extent provided, subject to the following income limitations: [Amended 9-29-1998 by L.L. No. 16-1998; 1-30-2001 by L.L. No. 3-2001; 3-25-2003 by L.L. No. 6-2003; 11-18-2003 by L.L. No. 26-2003] Income Extent of Exemption Up to $23,999 $24,000 to $24,999 50% 15% Page 47 February 13,2007 Town of South old Board Meeting Minutes $25,00010 $25,999 $26,00010 $26,999 $27,09010 $27,899 $27,900 18 $28,799 $28,80018 $29,699 $29,79910 $30,599 $30,60Q 16 $31,499 $31,500 10 $32,399 2007/08 Limit UP to $25.999 $26.000 to $26.999 $27.000 to $27.999 $28.000 to $28.999 $29.000 to $29.899 $29.900 to $30.799 $30.800 to $31.699 $31.700 to $32.599 $32.600 to $33.499 $33.500 to $34.399 2008/09 Limit Up to $26.999 $27.000 to $27.999 $28.000 to $28.999 $29.000 to $29.999 $30.000 to $30.899 $30.900 to $31.799 $31.800 to $32.699 $32.700 to $33.599 $33.600 to $34.499 $34.500 to $35.399 2009/10 Limit Up to $27,999 $28.000 to $28.999 $29.000 to $29.999 $30.000 to $30.999 $31.000 to $31.899 $31.900 to $32.799 $32.800 to $33.699 $33.700 to $34.599 40% 35% 30?<. 25% 20% 15% 10?<. 5?<' 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 50% 45% 40% 35% 30% 25% 20% 15% Page 48 February 13, 2007 Town of Southold Board Meeting Minutes $34,600 to $35,499 $35,500 to $36,399 10% 5% 2010/11 Limit Up to $28,999 $29,000 to $29,999 $30,000 to $30.999 $31.000 to $31.999 $32.000 to $32.899 $32,900 to $33.799 $33,800 to $34,699 $34.700 to $35.599 $35.600 to $36,499 $36.500 to $37.399 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% ~245-2. Conditions. [Amended 3-12-1985 by L.L. No. 3-1985] No exemption shall be granted: A. If the income of the owner or the combined income of the owners of the property for the income tax year immediately preceding the date of making application for exemption exceeds the sum 0[$32,399 $34.399 effective Julv 1. 2006, $35,399 effective Julv 1. 2007. $36.399 effective Julv 1. 2008 and $37.399 effective Julv 1. 2009. "Income tax year" shall mean the twelve-month period for which the owner or owners filed a personal income tax return or, if no return is filed, the calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such sum. Such income shall include social security and retirement benefits; interest; dividends; total gain from the sale or exchange of a capital asset, which may be offset by a loss from the sale or exchange of a capital asset in the same income tax year; net rental income; salary or earnings; and the net income from self-employment, but not including a return of capital, gifts or inheritances. In computing net rental income and net income from self-employment, no depreciation deduction shall be allowed for the exhaustion, wear and tear of real or personal property held for the production of income. [Amended 4-5- 1988 by L.L. No. 7-1988; 2-6-1990 by L.L. No. 1-1990; 3-27-1990 by L.L. No. 3-1990; 2-2- 1993 by L.L. No. 2-1993; 12-27-1994 by L.L. No. 31-1994; 11-18-2003 by L.L. No. 26-2003] III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. APPLICABILITY AND EFFECTIVE DATE This Local Law shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January 1,2006. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Page 49 February 13,2007 Town of South old Board Meeting Minutes I have a notice that this has appeared in the local newspaper as a legal and it has appeared on the Town Clerk's bulletin board outside and I have no further communications on this public hearing. SUPERVISOR RUSSELL: Would anybody like to come up before the Town Board and address this particular local law? (No response) Hearing none, can I get a motion to close the hearing? RESULT: CLOSED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER: Daniel C. Ross, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. 3. A Local Law In Relation to Amendments to the Partial Tax Exemption for Disabled Persons with Limited Income PH 2/13/07At 8:05 PM COMMENTS - Current Meeting: COUNCILMAN WICKHAM: WHEREAS, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 16th day of January, 2007 a Local Law entitled "A Local Law in relation to Amendments to the Partial Tax Exemption for Disabled Persons with Limited Income" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the Februarv 13. 2007 at 8:05 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to the Partial Tax Exemption for Disabled Persons with Limited Income" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to Amendments to the Partial Tax Exemption for Disabled Persons with Limited Income". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - It is the goal of the Town of Southold to provide for the broadest tax exemption provided by New York State Law for disabled persons with limited income. This Amendment adjusts those tax exemptions to meet the full extent of the amended State law. II. Chapter 245 of the Code of the Town of South old is hereby amended as follows: {l245-10. Exemption granted. B. To be eligible for the exemption authorized by such {l459-c and implemented by this Page 50 February 13, 2007 Town of South old Board Meeting Minutes article, the maximum income of such person shall not exceed $32,100. $26,000 effective July I, 2006, $27,000 effective July I. 2007, $28,000 effective July I. 2008, and $29,000 effective July 1, 2009. Any such person having a higher income shall be eligible for exemption in accordance with the following schedule: [Amended 4-11-2000 by L.L. No. 8-2000; 2-13-2001 by L.L. No. 4-2001; 3-25-2003 by L.L. No. 5-2003; 11-18-2003 by L.L. No. 25-2003] Income Extent of Exemption Up te $23,999 $24,000 1e $21,999 $25,000 1e $25,999 $26,00018 $26,999 $27,00018 $27,899 $27,90018 $28,799 $28,80010 $29,699 $29,70018 $30,599 $30,60010 $31,199 $31,50018 $32,399 50% 15~<' 10% 35~<' 30% 25~<' 20% 15% 10~<' 5% 2007/08 Limit Up to $25,999 $26,000 to $26,999 $27,000 to $27,999 $28,000 to $28,999 $29,000 to $29,899 $29,900 to $30,799 $30,800 to $31.699 $31.700 to $32,599 $32,600 to $33.499 $33,500 to $34.399 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 2008/09 Limit Up to $26,999 $27,000 to $27,999 $28,000 to $28,999 $29,000 to $29,999 $30,000 to $30,899 $30,900 to $31.799 $31.800 to $32.699 $32,700 to $33,599 $33.600 to $34,499 50% 45% 40% 35% 30% 25% 20% 15% 10% Page 51 February 13,2007 Town of Southold Board Meeting Minutes $34.500 to $35.399 5% 2009/1 0 Limit UP to $27,999 $28,000 to $28.999 $29,000 to $29,999 $30.000 to $30,999 $31.000 to $31.899 $31.900 to $32.799 $32,800 to $33,699 $33.700 to $34.599 $34,600 to $35.499 $35,500 to $36.399 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 2010/11 Limit Up to $28,999 $29,000 to $29.999 $30.000 to $30.999 $31.000 to $31.999 $32,000 to $32.899 $32.900 to $33.799 $33,800 to $34.699 $34,700 to $35.599 $35.600 to $36.499 $36.500 to $37.399 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. APPLICABILITY AND EFFECTIVE DATE This Local Law shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January I, 2006. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have notification that this has appeared in the local newspaper as a legal and has appeared on the Town Clerk's bulletin board. SUPERVISOR RUSSELL: Would anybody like to come up before the Town Board and address Page 52 February 13, 2007 Town of South old Board Meeting Minutes us on this particular local law? (No response) Hearing none, can I get a motion to close? RESULT: CLOSED [UNANIMOUS] MOVER: Daniel C. Ross, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. 4. Statement COUNCILMAN WICKHAM: We have been advised that we need to wait until 8:10 to begin the next public hearing. This will give people the opportunity to come through the door, who are really interested in this and an opportunity to be heard on the next one, so we will wait a couple of minutes before that time comes. Maybe I could spend a minute, the Supervisor and I attended a meeting late this afternoon on architectural review in the Town and he and I had a good exchange with both the Planning Board members and the members of the Architectural Review Committee and I might just put out some ideas that I came away from for that meeting and the Supervisor might want to add to that his comments. Architectural Review Committee in this Town has the job of reviewing the architectural fa9ade and appearance of commercial buildings that are coming in for site plan review. Architectural Review Committee does not review residential buildings. That is, residential buildings as owned by regular homeowners. It does have purview over residential site plans, like big condominium type projects. The purpose is to not ensure but to try to achieve in the Town of Southold relatively attractive facades and appearances of our structures that is in keeping with the historical character of the Town and it is in keeping with each of the neighborhoods. When the Architectural Review Committee was first established, it actually had delegates from Orient and East Marion and Greenport and Southold, each of the communities, so that those communities could have flavor in the actual decisions of the Architectural Review Committee. The Committee actually functions as a recommending body to the Planning Board. It does not itself grant approvals. That is a misunderstanding that a number of applicants have, even some town officials don't recognize that actually they do not make the final decision. They make a recommendation to the Planning Board and then the Planning Board takes it from there as they review the site plan applications that come before it. Whenever there is overlapping jurisdictions and one body interacts with another one, there is always an opportunity for inefficiency and some misunderstanding; the purpose of this meeting this afternoon was basically thresh out whatever overlaps and duplications there may be and find ways to streamline the functions of both the Architectural Review Committee and the Planning Board, so that the public is well served and so that the Town's visual environment and it's built environment is something that we can be proud of, that will continue to attract people and will be part of our heritage in this Town. SUPERVISOR RUSSELL: I think there is a general understanding about the role of the Architectural Review Committee and I think they have worked well historically in this Town, I just think lately it has been a little bit grayer with the overlapping jurisdictions and my only goal was to have all boards working in good synchronicity together. The Planning Board has a specific function, the Architectural Review Committee has a specific function. The nature of what they do tends to overlap. The idea is just to get everybody working in a more, like I said, synchronized fashion to make the process a little more amenable to applicants and to the Board's discretion themselves. I mean, I have a Planning Board that is very capable and talented and if, you know, if there are certain things that they should weigh in on, then that should be their Page 53 February 13, 2007 Town of South old Board Meeting Minutes bailiwick and then likewise for the Architectural Review. But 1 think it was a good, any time you have dialogue you are making progress. And I thought it was good dialogue today. We might have a way to go but so far so good. COUNCILMAN KRUPSKI: And I have got to thank you two for attending that and taking this issue on to straighten it out because it is of some concern on people who apply to the Planning Board. SUPERVISOR RUSSELL: Right. MR. WILLS: If! could interject a minute, but a request that I would like to make to the Board is to extend that function to private homes, too. To residentials. So that we don't get, not only McMansions but double McMansions and like in Mattituck, 15,000 square foot palace. To me, it doesn't fit here. And the other one is, I don't know what the rules and regulations on fences are but there has been a, I guess it is a fad, an eyeburst of white fences, not just white but sort of... COUNCILMAN WICKHAM: Plastic. MR. WILLS: It is plastic. Why there can't be colors, but they stand out, they are an eyesore. It is my own feeling but it is a request. SUPERVISOR RUSSELL: The issue that you first mentioned regarding; you don't really need the ARC to govern the residential side of the equation. Most of the issues you mentioned, McMansions etc could be governed from town code. You know, we had discussions about that. Historically maybe the time has come to revisit that issue but the Architectural Review Committee's mission wouldn't be to set those type of parameters, they don't really govern building height, building size etc., only the town code does that and any changes that you want to see have to be part of the town code, not left to a discretionary body, particularly one that is advisory in nature. COUNCILMAN WICKHAM: One small step in the direction that you suggested was that the Town Board today agreed to look seriously into restricting the size of buildings with the lot coverage percentage, which is 20 percent. So there would be 20 percent of buildable area on a lot, not 20 percent of total area. And we don't, we still have a ways to go but we agreed to look into it and to come back with some proposals to the Board. SUPERVISOR RUSSELL: Some of the visual misunderstandings is that people build houses that seem far too large for the parcel but the parcel might have significant portion that is either underwater or brackish and they get, under current code, 20 percent lot coverage credit for the entirety of the parcel even if it is a non-buildable section of the parcel. So you have, I think in the paper last year they had focused on one house in particular down in New Suffolk that looked enormous compared to the lot size. The lot size was a lot larger on paper than it was visually, so that is an issue that we are taking up now as to whether we should codify the single building lots just the way the general subdivision code is which the general subdivision code does not give you benefit of the part of the parcel that is not buildable, you have to subtract that from your lot Page 54 February 13, 2007 Town of South old Board Meeting Minutes yield. We would consider maybe applying that to the residential single and separate building lot Issue. You know, it is something we are going to look at. COUNCILMAN WICKHAM: Having just discussed the Issue of Architectural Review Committee, the next public hearing touches on that committee. 5. Set the Public Hearing for a Local Law In Relation to Site Plan Review of Landmarked Properties for February 13, 2007 At 8:10 PM COMMENTS - Current Meeting: COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN WHEREAS, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 16th day of January, 2007 a Local Law entitled "A Local Law in relation to Site Plan Review of Landmarked Properties" and RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 13th dav of Februarv, 2007 at 8:10 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Site Plan Review of Landmarked Properties" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to Site Plan Review of Landmarked Properties" . BE IT ENACTED by the Town Board ofthe Town of Southold as follows: I. Purpose - Site plan applications that also require review of the Historic Preservation Commission under the Historic Landmarks Preservation Law are currently subject to duplicative and sometimes conflicting architectural review. This Amendment would eliminate that unnecessary step only when the Landmarks Law already provides for such review. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: S280-131. Review procedure. [Amended 5-15-1995 by L.L. No. 7-1995; 12-27-1995 by L.L. No. 25-1995; 12-14-2004 by L.L. No. 25-2004] C. When the Planning Board determines said application to be acceptable, it shall, within 10 business days of such determination, distribute said application and documentation to the Town, county and state agencies having jurisdiction, for their comment. Such referral shall include a referral to the Architectural Review Committee. The Architectural Review Committee shall make a written recommendation to the Planning Board on the site plan within 10 business days of receipt of the referral. If the Committee fails to make a recommendation within this time Page 55 February 13, 2007 Town of South old Board Meeting Minutes period, the project shall proceed to the Planning Board for consideration without Committee review. Notwithstanding the foregoing. applications involving onlv structures requiring review bv the Historic Preservation Commission for a Certificate of Appropriateness under Chapter 170 ofthis Code. Historic Landmark Preservation Law. shall not also be referred to the Architectural Review Committee for review. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE TIlls Local Law shall take effect immediately upon filing with the Secretary of State as provided bylaw. I have a notice here from the Suffolk County Department of Planning, 'Dear Mrs. Neville, Pursuant to the requirements of the Suffolk County Administrative code, this application, which has been submitted to the County Planning Commission is considered to be a matter for local determination and which should not be construed as either an approval or a disapproval.' And from Jerilyn B. Woodhouse, Chair of the Southold Town Planning Board, 'The Planning Board supports the proposed local law in relation to site plan review of landmarked properties.' I have notice that this has appeared as a legal in the local newspaper and has appeared on the Town Clerk's bulletin board. I have no further communications. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular local law? COUNCILMAN KRUPSKI: I just have a brief comment, although this is only going to affect the projects and parcels that are, that come under the jurisdiction of the Historic Landmark Preservation law, I think it is a step in the right direction towards cutting some red tape and it is a good move and I think it is a start towards getting people, you know, if you are going to have jurisdiction over different activities, you should do it in an expeditious manner. Not penalize people for following the rules and I think this is the right step. SUPERVISOR RUSSELL: That is right. The, both bodies are essentially set up similarly, the Landmarks Preservation Commission has two architects on staff. Their charge is to look at it in the specific historic context of the building, of the structure, whereas Architectural Review looks at the context of community standards, arbitrary tastes, those sorts of things. They are reviewing the same things, landscaping, lighting etc only like I said, Landmarks is much more specified to the specific era of the structure itself so it would seem somewhat repetitive to have two different groups working on that. Can I get a motion to close this? RESULT: CLOSED [UNANIMOUS) MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Page 56 February 13, 2007 Town of Southold Board Meeting Minutes 6. Statement SUPERVISOR RUSSELL: Okay. Now this is the part where you get one last shot at us, otherwise we are going to adjourn. Would anybody like to come up and address the Town Board on any issue? (No response) Can I get a motion to adjourn? 7. 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 8:20 P.M. . . . . . ~D,~ Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Daniel C. Ross, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Page 57