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HomeMy WebLinkAboutTB-03/13/2007 . 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 ST A nsncs MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMA nON OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES March 13, 2007 7:30 PM A Regular Meeting of the Southold Town Board was hellilii!I'),Iesday, March 13,2007 at the Meeting Hall, 53095 Main Road, Southold, NY. Sup eo. r Russell opened the meeting at 7:30 PM with the pledge of Allegiance to the Flag. Al~~r.t~ps"iJr.iIown of S~uthold William P. Edwards . !I'own of South old Daniel C. Ross . .. .I()""Ik{)(~()Il!!!.()!~ Thom~ H,- Wickl1aI1l..u.Jo\V'l1l)fSoutl!old ... Louisa P. Evans Town of uthold --.'".-.-.-..,-,.. Scott Russell old Elizabeth A Neville . . u .........~ft Patricia A Finne an To~ of South old Councilman Councilman Justice Present Present Present Present I. Reports Town Clerk Town Attome 1. Town February 2. Justice Bruer February 2007 3. Program for the Disabled January 2007 4. Island Group Claim Lag Report 2/1/06 - 1/31/07 Page I March 13,2007 Town of South old Board Meeting Minutes 5. Recreation Department January 2007 II. Public Notices 1. Application to NYS Liquor Authority for Transfer of Liquor Liceuse End of the LIne LLC d/b/a! Antares Cafe, 2350 Manahsset Ave., Greenport 2. Club Liquor License Renewal with NYS Liquor Authority Peconic Landing, 1500 Brecknock Road, Greenport 3. Renewal of Winery Permit with NYS Liquor Authority Osprey's Dominion Vineyards, Ltd., 44075 Main Road, Peconic 4. Application for a Liquor License to NYS Liquor License Stephen Ammirati for a corporation to be formed. 28350 Main Road, Cutchogue (presently Fisherman's Rest) 5. Permit Application to Army Corps of Engineers Raymond Raimondi, 1150 Mason Drive, Cutchogue - Dredge existing boat slip, reconstruct bulkhead, groin, dock, and steps (Cutchogue Harbor) 6. Permit Application to Army Corps of Engineers Gregersen's Keep, LLC c/oBarbara Berbrich, 970 Willow Drive, Greenport, to construct docking assembly (Gull Pond) 7. Permit Application to Army Corps of Engineers A. Shelley Tupper, 3050 Minnehaha Boulevard, Southold - construct a catwalk ramp and float. (Corey Creek, Hog Neck Bay, LIttle Peconic Bay) 8. NYS DEC Notice of Complete Application Southview Custom Builders, S/S/O Main Bayview Rd S/O Victoria Dr, Southold - to subdivide 13.35 acre parcel into 3 residential lots III. Communications 1. Suffolk Times New Expenses for Legal Notice: $10 per affidavit $3 per tear sheet $20 minimum production charge for non-Digital submissions Page 2 March 13, 2007 Town of South old Board Meeting Minutes $50 fee for any legal submitted after deadline IV. Discussion 1. 9:00 AM - Neb Brashich & Jamie Richter Transportation Commission Update 2. Home Rule Assembly Bill 1735 to create the Peconic Bay Regional Transportation Council 3. 9:30 AM - Phillip Beltz Hamlet Stakeholders 4. 9:50 AM - Jim Bunchuck Fencing at the Landfill 5. 10:00 AM - Mike Abatangelo & Vince Canuscio Cell Towers 6. Amendments to the Code 7. Coast to Coast Basketball 8. Set Coastal Erosion Public Hearing Date Bombera 9. Dues, Suffolk County Supervisors 10. Drainage Code 11. 12:00 Noon - Executive Session - John Sepenoski & Randy Parsons Acquisition of Property 12. Executive Session Reveiw of Stakeholder Names 13. Executive Session Contract - Raynor Foundation NFA WL 14. LWPR (General Discussion) per Councilman Krupski Page 3 March 13, 2007 Town of South old Board Meeting Minutes 15. Mattituck Fire District Request Fire Training 16. Executive Session CSEA Negotiations V. Minutes Approval 1. Tuesday, February 13, 2007 VI. Resolutions 1. Statement SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. If we could continue standing for a minute, Francis Doyen, former Town Justice from Fishers Island passed away this Sunday. If! can just have a moment of silence. Thank you very much. JUSTICE EVANS: Francis was Town Justice just before Ray Edwards, I think. SUPERVISOR RUSSELL: Serge was a former member of the Zoning Board of Appeals, actually. Would anyone like to address the Town Board on any agenda item? (No response) Let's move forward with the meeting. 2007-253 CATEGORY: DEPARTMENT: Audit Town Clerk Approve Audit Dated 3/13/07 RESOLVED that the Town Board ofthe Town of Southold hereby approves the audit dated March 13. 2007. 'i"..Vote..Rerord..ResQhitiOnRES...2007~253 Y~~Ay_~_ N~!N~Y Abstain Absent Ii!! Adopted J\l~t:rtKrlJP~~i}r. Voter Ii!! D D D D Adopted as Amended William P. Edwards Voter Ii!! D D D D Defeated Daniel C. Ross Seconder Ii!! D D D D Tabled Thomas H. Wickham Voter Ii!! D D D D Withdrawn Louisa P. Evans Initiator Ii!! D D D Scott Russell Voter Ii!! D D D 2007-254 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Next Board Meeting 3/27/07 Page 4 March 13, 2007 Town of Southold Board Meeting Minutes RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, March 27, 2007 at the Southold Town Hall, Southold, New York at 4:30 P. M.. ./'..YoteRecQtd""R.eiiol~tion.RES;';ZO07;;ZS4 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 2007-255 CATEGORY: DEPARTMENT: Budget Modification Town Clerk FIFD 2006 Budget Modification Voter Voter LY~t~~ ,,s:~~c:>n~~~ l,,!Il,itillt()~ Voter Absent o RESOLVED that the Town Board of the Town of South old hereby modifies the 2006 Fishers Island Ferrv District budl!et as follows: APPROPRIATIONS: TO: SM. 1420.4 SM.1950.4 SM.561O.4 SM.5709.2 SM.5710.2 SM.5710.4 SM.5711.4 SM.7l55.4 SM.901O.8 SM.9730.7 FROM: SM.1310.4 SM.191O.4 SM.1930.4 SM.5710.1 SM.5712.4 SM.5713.4 SM.9030.8 SM.9060.8 Town Attorney Property Tax Airport Repairs Ferry Operations, Equip. Ferry Operations, C.E. Office Expense Theatre NYS Retirement B.A.N. Interest Accounting Insurance Insurance Claims Ferry Operations, P.S. Commissioner Fees US Mail Social Security Medical Insurance 4,000 10,800 71,900 18,000 51,600 225,000 3,500 3,700 40,000 15,900 8,000 16,400 3,333 63,800 6,000 6,700 2,700 24,600 Page 5 March 13,2007 Town of South old Board Meeting Minutes REVENUES: TO: SM.5990.0 Fund Balance 312,867 .(.VotelWoord:';"R.esoll.ltion.:RES~20&7~2:55 )'_,-:~/Ayt:_ N~/Nll:Y Abstain Absent 0 Adopted Alber! Krupski Jr. Initiator 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 Voler 0 0 0 0 0 Withdrawn Louisa P. Evans 'Seconder 0 0 Scott Russell Voter 0 0 2007-256 CATEGORY: DEPARTMENT: Attend Seminar Police Dept Racism Training Seminar - PD RESOLVED that the Town Board of the Town of South old hereby 2rants uermission to Chief Carlisle E. Cochran. Jr.. and Cautain Martin Flatlev to attend a trainin2 seminar entitled ERASE Racism Unravelin2 Racism Trainin2 at Suffolk County Community Colle2e. Riverhead. NY commencing Thursday, April 19 and Friday, April 20, 2007. Registration fee in the amount of$600.00 ($300.00 per person) to be a legal charge to the 2007 Police budget training line - A.3120.4.600.200. Travel to be by Town vehicle. ./ Vote Record - Resolution RES.2007-256 y ~s/AY~ N()INay Abstain Absent 0 Adopted Albert Kru ski Jr. Seconder 0 0 0 0 0 Adopted as Amended William P. Edwards Initiator 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Yoter 0 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 Scott Russell Voter 0 0 2007-257 CATEGORY: DEPARTMENT: Budget Modification Trustees CAe Budget Modification RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2006 bud2et as follows: TO: Page 6 March 13,2007 Town of South old Board Meeting Minutes A.361O. 1.200. 100 Regular Earnings $650.00 FROM: A.3610.4.500.300 Conservation Advisory Council $650.00 ./ Vote Record-Resolution RE~2007-2S7 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 Yes/Aye Ii'! Ii'! Ii'! Ii'! Ii'! Ii'! ~l)~IlY o o o o o o Abstain o o o o o o Absent o o o o o o Voter Yoter 2007-258 CATEGORY: DEPARTMENT: Employment - Town Accounting Retirement Jesse J. Wilson RESOLVED that the Town Board of the Town of Southold hereby acceDts with rel!ret the notice of retirement of Jesse J. Wilson from the Dosition of Laborer in the Solid Waste DeDartment, effective March 29, 2007. ,/ Vote RecOfd :.. Resolution RES;;,2007..258 Yes/ AY~ ,~,()(~IlY Abstain Absent Ii'! Adopted ;\l~ertl<!tlPski~r. 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 WithdraWJ1 Louisa P. Evans ,.-" Initiator Ii'! 0 0 Scott Russell Yoter Ii'! 0 0 d 2007-259 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification -- 06 Town Board Traffic Study RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 General Fund Whole Town budl!et as follows: To: A.I 0 I 0.4.500.500 Town Board, C.E., Planning Consultants $5,000.00 From: Page 7 March 13,2007 Town of South old Board Meeting Minutes A.lOI0.4.600.100 Town Board, C.E., Legal Notices $5,000.00 .. ..: Yes/A:Y~ No/Nar Abstain Absent 1<1 Adopted -,~}~~~",Krupski Jr. Voter 1<1 0 0 0 0 Adopted as Amended William P. Edwards Voter 1<1 0 0 0 0 Defeated Daniel C. Ross Voter 1<1 0 0 0 0 Tabled Thomas H. Wickham "initiator 1<1 0 0 0 0 Withdrawn Louisa P. Evans Seconder 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2007-260 CATEGORY: DEPARTMENT: Budget Modification Accounting 2006 & 2007 Budget Modification- The Nature Conservancy/North Fork Audubon for Piping Plover Management RESOLVED that the Town Board of the Town of South old hereby modifies the 2006 General Fund Whole Town budl!et as follows: To: Appropriations: A.8720.4.400.100 To: Revenues: A.2770.20 Other Fish & Game, C.E. Piping Plover Management $3,500.00 Unclassified Revenue Nature Conservancy Grant $3,500.00 RESOLVED that the Town Board of the Town of South old hereby modifies the 2007 General Fund Whole Town budl!et as follows: To: Appropriations: A.8720.4.400.100 To: Revenues: A.2770.20 Other Fish & Game, C.E. Piping Plover Management $8,000.00 Unclassified Revenue Nature Conservancy Grant $8,000.00 Page 8 March 13, 2007 Town of South old Board Meeting Minutes .r Vot1fReoortt::.Jteso}ptW.-R;E$..'Z007;260'; ., It] Adopted o Adopted as Amended D Defeated D Tabled o Withdrawn 2007-261 CATEGORY: DEPARTMENT: Initiator ~(>>/N!l_Y Abstain Absent D D D 1<1 D D D D D 1<1 D 1<1 D D D Albert Krupski Jr. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Voter Voter Employment - Town Highway Department Deputy Superintendent of Highways Superintendent of Highways, Peter W. Harris, hereby appoints Curtis F. Davids to the position of Deputy Superintendent of Hil!hwavs. effective March 30. 2007, at an annual salary of $67,998.00, due to the retirement of the present Deputy Superintendent of Highways, Charles King, on March 29, 2007. '(Vote:-Reeord~' Resb'lltionltES..z{)07~Z(iJ y eS(AY~ ~~,~~y- Abstain Absent 1<1 Adopted ~_I!?{:~t_I~fllPs~i}r: Seconder 1<1 D D D D Adopted as Amended WiIliamP. Edwards Initiator 1<1 D D D D Defeated Daniel C. Ross Voter 1<1 D D D D Tabled Thomas H. Wickham Voter 1<1 D D D D Withdrawn Louisa P. Evans Voter 1<1 D D D Scott Russell Voter 1<1 D D D 2007-262 CATEGORY: DEPARTMENT: Budget Modification Justice Court Budget Modification Justice Court RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 General Fund Whole Town budl!et as follows: To: A.l 1 10.4.400.500 A.III0.4.600.200 From: A.lllO.l.l00.200 Justices, C. E. Parking Ticket Servicing Justices, C. E. Meetings & Seminars $ 585.00 510.00 Justices, P. S. Overtime Earnings $1,095.00 Page 9 March 13,2007 Town of Southold Board Meeting Minutes 'y'..Vote:'Jl.~m'..Re$olu.ti9li'RES+Z()()'7;262 - -~ Yes/Aye ,l'l"()!N~Y_ Abstain Absent 1<1 Adopted AI1J~I"t}<rup,s,~i}r. Voter 1<1 D D D D Adopted as Amended WilliamP. Edwards Yoter 1<1 D D D D Defeated Daniel C. Ross Initiator 1<1 D D D D Tabled Thomas H. Wickham Seconder 1<1 D D D D Withdrawn Louisa P. Evans Voter 1<1 D D D Scott Russell Voter 1<1 D D D 2007-263 CATEGORY: DEPARTMENT: Budget Modification Supervisor Budget Modification Supervisors RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2006 Budl!et (Supervisor Personal Services) as follows: To: A. 1220. 1.100. 100 Supervisor's Regular Earnings $100.00 From: A. 1220.1.1 00.400 Supervisor's Sick Earnings $100.00 ./'V'Ot~RecOrd'~,ResollIdoliRES..200t~ZfiJ; y ~s/AY~ ]\Jo/Nay Abstain Absent 1<1 Adopted Albert Krupski}r. Voter 1<1 D D D D Adopted as Amended William P. Edwards Voter 1<1 D D D D Defeated Daniel C. Ross ,., seconder 1<1 D D D D Tabled Thomas H. Wickham Voler 1<1 D D D D Withdrawn Louisa P. Evans Initiator 1<1 D D D Scott Russell Voter 1<1 D D D 2007-264 CATEGORY: DEPARTMENT: Attend Seminar Town Clerk AntiBias Task Force Seminar RESOLVED that the Town Board of the Town of Southold l!rants permission to Cynthia Smith. Marjorie Drv. Merle Levine. Eleanor Linl!o. Marv McCabe and Valerie Shelby to attend an "Unravelinl! Racism Traininl!" seminar April 19 - 20. 2007 at the Riverhead Campus of Suffolk Community college. All registration, travel, etc. to be a legal charge to the Anti-Bias Task Force 2007 budget. Page 10 March 13,2007 Town of Southold Board Meeting Minutes v Vote R...rd. Resolotion RES.2007.264 Yes/Aye No/Nay Abstain Absent 0 Adopted Al~\::~~,I<~l!ps~i}r. Voter 0 D D D D Adopted as Amended William P. Edwards Voter 0 D D D D Defeated Daniel C. Ross Seconder 0 D D D D Tabled Thomas H. Wickham Initiator 0 D D D D Withdra'Ml Louisa P. Evans Voter 0 D D D Scott Russell Voter 0 D 2007-265 CATEGORY: DEPARTMENT: Budget Modification Highway Department Budget Modification Highway RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 Hil!:hwav Fund Part Town budl!:et as follows: To: DB.990l.9.000.000 From: DB.511 0.1.1 00.1 00 Transfers to Other Funds Transfers Undesignated Transfers to Health Plan $ 8,773.97 General Repairs Personal Services Full Time Employees Regular Earnings $ 8,773.97 "".'YoteRecOrd ,'~Resoliitlon'.RES~2(}01",2.65 0" Adopted o Adopted as Amended o Defeated o Tabled D Withdrawn 2007-266 CATEGORY: DEPARTMENT: Xe.s/Aye. o o Absent D D D D D D No/Na D D D Abstain D D D D D D D Budget Modification Police Dept ModifY the 2006 General Fund Whole Town Budget - Police RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 General Fund Whole Town budl!:et as follows: Page 11 March 13,2007 Town of Southo1d Board Meeting Minutes To: A.3120.1.1 00.1 00 A.3120.2.300.100 A.312004.100.200 A.312004o400.650 A.312004.500.200 A.3130.1.300.200 A.313004.100.200 A.313004.100.500 A.313004o400.600 A.313004.500o400 From: A.199004.100.200 A.3120.2.5000400 A.312004.100.900 Police, P.S., FT Regular Earnings Police, Equip., Automobiles Police, C.E., Gasoline & Oil Police, C.E., Vehicle Maint & Repairs Interpreter Service Bay Constable, Seasonal Overtime Bay Constable, C.E., Gasoline & Oil Bay Constable, C.E., Equip Parts/Supplies Bay Constable, C.E., Buoy Maintenance Bay Constable, C.E., PI Bay Constable $2,460.00 80.00 10,264.00 376.00 300.00 .50 1,241.00 .50 1,077.00 7,092.00 Contingent, Police Retirement Reserve Police, Equip., Radio Equipment Police, C.E., Mise Supplies $22,442.00 432.00 17.00 {"y{}t~;'R~1'f:lJ'Re@Jutlon,RES~2061~266 Yes/Aye ~()/~llY Abstain Absent 01 Adopted Alb,e:rt Krupski Jr. Voter 01 D D D D Adopted as Amended WilliamP. Edwards Initiator 01 D D D D Defeated Daniel C. Ross Seconder 01 D D D D Tabled Thomas H. Wickham Voter 01 D D D D Withdrawn Louisa P. Evans Voter 01 D D D Scott Russell Voter 01 D D D 2007-267 CATEGORY: DEPARTMENT: Budget Modification Highway Department Budget Modification - Highway PT RESOLVED that the Town Board of the Town of Southold hereby modifies the 2007 Hie:hwav Fund Part Town bude:et as follows: To: DB.514204.100.975 From: DB.511004.100.975 Snow Removal Contractual Expense Supplies & Materials Plow Blades, Shoes, Wheels $1,259.00 General Repairs Contractual Expense Supplies & Materials Steel $1,259.00 Page 12 March 13, 2007 Town of South old Board Meeting Minutes .r;V(}t~...u.:~C{jrfj>..Ite$()I~ti()J:I'.'RES..2001..267 Y~s/Ay~ N()/NllY Abstain 0 Adopted Albert Krupski Jr. Voter 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Initiator 0 0 Tabled Thomas H. Wickham Voter 0 0 0 Withdrawn Louisa P. Evans Seconder 0 Scott Russell Voter 0 0 2007-268 CATEGORY: DEPARTMENT: Authorize to Bid Highway Department Advertise Trucks for Highway RESOLVED that the Town Board of the Town of South old hereby authorizes and directs the Town Clerk to advertise for bids for two (2) vehicles. with dump bodies. six-wheel. heavv dutv trucks with specifications equivalint to Godwin U300, for use at the Highway Department. 'v".VoteReoonf..:ResolutionRES..Z60-7;268 Ii'1 Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn 2007-269 CATEGORY: DEPARTMENT: Al'lJ~_'!.I<f,:,p~1silr. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell ),~~Aye N()/NllY Abstain Absent Voter 0 0 0 0 Voter 0 0 0 0 Voter 0 0 0 0 Seconder 0 0 0 0 Initiator 0 0 0 0 Voter 0 0 0 0 Budget Modification Human Resource Center Bud. Mod.- Donations to Appropriations HRC-Memorial Donations RESOLVED that the Town Board of the Town of South old hereby modifies the 2007 General Whole Town budl!et as follows: To: Revennes A.2705.40 To: Appropriations A.6772.2.500.200 Programs for the Aging Gifts and Donations Other Donations $470.00 Programs for the Aging Other Equipment/Chairs $ $470.00 Page 13 March 13, 2007 Town of South old Board Meeting Minutes v Vo'teRecon[..-;tisol1.i.dOi:fRF:s,-201l'7"':24I' o Adopted o Adopted as Amended o Defeated o TabJed o Withdrawn 2007-270 CATEGORY: DEPARTMENT: Albert Krupski Jr. William P. Edwards Louisa P. Scott Retirement/Resignation Human Resource Center Voter Ii'! o o o Ii'! Ii'! o o o o o Accept Resignation of PT Mini Bus Driver At HRC. Maureen Campbell Sustained an Injury In a Fall At Home on 1/20/07 and Anticipates Long Recovery. She Was a Valued Employee and Will be Strongly Consideredfor Rehire In the Future. RESOLVED that the Town Board of the Town of Southold hereby accepts the resil!:nation of Maureen Campbell from the position of part-time Mini Bus Driver at the Human Resource Center effective March 3. 2007. "' Vote Record. Resolullon RES.2007.270 o Adopted o Adopted as Amended o Defeated o Tabled D Withdrawn 2007-271 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification.Approp NYS DOS Grants Voter Voter Voter Y~s1Ay(! Nj)/N"ay Abstain Absent Ii'! 0 0 0 Ii'! 0 0 0 Ii'! 0 0 Ii'! 0 0 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 General Fund Whole Town budl!:et as follows: To: Revenues: A.3089.80 To: Appropriations: A.8020.4.400.100 NYS Dept. of State Grants $125,000.00 Planning, C.E., Contracted Services Page 14 March 13, 2007 Town of South old Board Meeting Minutes Cornell Cooperative Extension Southold Creek LWRP Implementation $ 75,000.00 A.8020.4.400.200 Planning, C.E., Contracted Services Cornell Cooperative Extension Stormwater Management Plan 50,000.00 VVoteReeord'..'Res(Jl~tion'RES.;Z007'-Z7t li1 Adopted D Adopted as Amended o Defeated o Tabled o Withdra\Vll Voter Abstain o o o o Absent o Voter 2007-272 CATEGORY: DEPARTMENT: Advertise Human Resource Center Advertise for PT Mini Bus Driver At the HRC RESOL YED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the position of part time Mini Bus Driver at the Human Resource Center at 17.5 hours per week at $12.11 per hour. V'VoteRe~ra~'Resohttiofi'RES~Z0Q7~27i Yeslt\Y~ No/Nay Abstain Absent 1<1 Adopted Albert Krupski Jr. Voter 1<1 0 0 0 0 Adopted as Amended William P. Edwards Voter 1<1 0 0 0 0 Defeated Daniel C. Ross Initiator 1<1 0 0 0 0 Tabled Thomas H. Wickham Voter 1<1 0 0 0 0 Withdrawn Louisa P. Evans Seconder 1<1 0 0 0 Scott Russell Voter 1<1 0 0 2007-273 CATEGORY: DEPARTMENT: Committee Resignation Town Clerk Resignation of Ed Dart From Tree Committee RESOL YED that the Town Board of the Town of Southold hereby accepts with rel!ret the resil!nation of Edward Dart as a member and chairman of the South old Town Tree Committee, effective March 31, 2007. Page 15 March 13, 2007 Town of South old Board Meeting Minutes ;;Vote ReCord~R~JlIti~IIRt:$,"2i)l)1~:2'7:J , - yes/Aye N()!Nay. Abstain Absent 0 Adopted Albert Krupski Jr. Voter 0 0 0 0 0 Adopted as Amended WilliamP. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Seconder 0 0 0 0 0 Withdrawn Louisa P. Evans Initiator 0 0 0 0 Scott Russell Voter 0 0 0 0 2007-274 CATEGORY: DEPARTMENT: Committee Resignation Town Clerk Accept the Resignation of Martha Jones From the Position of Secretary to the Southo/d Town Tree Committee RESOLVED that the Town Board of the Town of Southold hereby accepts the resil!nation of Martha Jones from the position of Secretarv to the Southold Town Tree Committee, effective immediately. ./Y()te-Reooht-..Res()lu-tion;RES..2007..274--~ Iil Adopted o Adopted as Amended o Defeated o Tabled o Withdra\\i11 All?t:r1:Kt:L1P~~i}~. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Voter Voter Voter Initiator Seconder Voter _X~!)J'AYe: o o o o o o N,()!N~,Y o o o o o o Abstain o o o o o o Absent o o o o o o 2007-275 CATEGORY: DEPARTMENT: Employment - Town Town Clerk Advertise for Operator of Pump-Out Boat RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for two (2) weeks. on March 29.2007 and April 12. 2007. for an operator of the pump-out boat under the supervision of the Town Trustees, on a seasonal basis starting the weekend of May 26, 1007 through the weekend of October 6,2007, at a salary of $12.00 per hour. Page 16 March 13,2007 Town of South old Board Meeting Minutes Voter Absent o VVo:te'R.ed)rd..iRt$C)ll,lti(niRES;2007~275:' , o Adopted D Adopted as Amended o Defeated o Tabled o Withdra\Vl1 Albert K,rup~~i, Jr. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell o o o o o 2007-276 CATEGORY: DEPARTMENT: Attend Seminar Police Dept Grant Permission to Sergeant Raymond VanEtten, Police Officers Thomas Hudock, William Brewer and Roman Wilinski to Attend Gang Awareness and Violence Prevention Training Seminar on March 27, 2007 At Wading River, NY RESOLVED that the Town Board of the Town of Southold hereby !!rants permission to Ser!!eant Ravmond VanEtten. Police Officers Thomas Hudock. William Brewer and Roman Wilinski to attend a Gan!! Awareness and Violence Prevention seminar on Tuesdav. March 27. 2007 from 8:00 am to 2:45 pm at The Inn at East Wind. Wadin!! River. New York. Expenses for registration at $45,00 per person to be a legal charge to the 2007 Police budget training line - A.3120.4.600.200. Travel to be by Town vehicle. ~:VoteReCQrd.. ResolutloifRElS.;2007;.276 Yes/Aye l'<I~/~l:IY Abstain Absent 0 Adopted A]'lJ{:r1:)5!~p~~i}~. \",~~~gl1~~r 0 0 0 0 0 Adopted as Amended WilHam P. Edwards Initiator 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Voter 0 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 0 Scott Russell Voter 0 0 2007-277 CATEGORY: DEPARTMENT: Seqra Land Preservation N&J Management Co - SEQRA WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on a certain parcel of property owned by N&J Management Company pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Code of the Town of South old. Said property is identified as part ofSCTM #1000-113-13- 1.2. The address is 4735 Westphalia Road, Mattituck, New York, and is located on the southerly side of West ph alia Road, approximately 830 feet east of the intersection of Cox Neck Road and Westphalia Road in Mattituck in the R-80 zoning district. The proposed acquisition is for a Page 17 March 13, 2007 Town of Southold Board Meeting Minutes development rights easement on a part of the property consisting of approximately 16.5010 acres (subject to survey) of the 17.5010 acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $68,000 (sixty-eight thousand dollars) per buildable acre plus acquisition costs; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. "'Vote ~~r'd;+Re!iolutiOIJ.R.ES~2007~m Y~.s/Aye NO/~IlY Abstain Absent '" Adopted Albert Krupski Jr. Voter '" 0 0 0 0 Adopted as Amended William P. Edwards Voter '" 0 0 0 Defeated Daniel C. Ross Initiator '" 0 0 0 0 Tabled Thomas H. Wickham Voter '" 0 0 0 0 WithdraVl1l Louisa P. Evans ._~~conder '" 0 0 0 Scott Russell Voter '" 0 0 0 2007-278 CATEGORY: DEPARTMENT: Litigation Town Attorney Retains Frank A. Isler As Special Counsel In the Matter of Henry Oman and Christina J. Oman V Zoning Board of Appeals of the Town of South old RESOLVED that the Town Board of the Town of Southold hereby retains Frank A. Isler as Special Counsel in the matter of Henry Oman and Christina J. Oman v. Zoninl! Board of Appeals of the Town of Southold, which action was filed on March 7, 2007. ;r- Vote.R.ero;rd-;.-Rf:solutio:n'RES~2(Urt~Z78 Yes/t\.y~ No!~lay Abstain Absent '" Adopted Al~~'!l5rups~i_~r. Voter '" 0 0 0 0 Adopted as Amended William P. Edwards Voter '" 0 0 0 0 Defeated Daniel C. Ross Voter '" 0 0 D 0 Tabled Thomas H. Wickham Seconder '" 0 0 0 0 Withdrawn Louisa P. Evans Initiator '" 0 0 0 Scott Russell Voter '" 0 0 0 Page 18 March 13,2007 Town of South old Board Meeting Minutes 2007-279 CATEGORY: DEPARTMENT: Litigation Town Attorney Retains Frank A. Isler As Special Counsel In the Matter of John Diller V. Zoning Board of Appeals of the Town of South old RESOLVED that the Town Board of the Town of Southold hereby retains Frauk A. Isler as Special Counsel in the matter of John Diller v. ZOniDl! Board of Appeals of the Town of South old, which action was filed on March 7, 2007. I'iI Adopted o Adopted as Amended o Defeated o Tabled o Withdra\'lfl Albert Krupski Jr. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Abstain o o Absent o o ~/ Vote RecOrd ,.Resolution RE&-2007':'279 Voter 2007-280 CATEGORY: DEPARTMENT: Authorize Payment Town Clerk Reimbursement of Recording Feesfor the Town-Related Documents In the Amount of$1360.00 From Closing RESOLVED that the Town Board of the Town of Southold hereby authorizes the reimbursement of recordin!! fees for the Town-related documents in the amount of $1360.00 from the c1osinl! between the County of Suffolk, Town of South old and CDC regarding the "Cotta!!es at Mattituck". -/ Vote Record ,. ResolutfonRES,.2007,.280 .". Y~~AY~ N()!NllY Abstain Absent Ii'! Adopted Albert Krupski Jr. Initiator 0 Ii'! 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 2007-281 CATEGORY: DEPARTMENT: Property Acquisition Public Hearing Land Preservation Page 19 March 13, 2007 Town of Southold Board Meeting Minutes Set Tuesday, March 27, 2007, At 4:55 P.M., Southold Town Hal!, 53095 Main Road, Southold, New York As the Time and Place for a Public Hearingfor the Purchase of Development Rights Easements on Properties Owned by Robert Rowehl RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesdav. March 27, 2007. at 4:55 p.m.. Southold Town Hall. 53095 Main Road. Southold, New York as the time and place for a public hearinl! for the purchase of development ril!hts easements on properties owned bv Robert Rowehl. Said properties are identified as part ofSCTM #1000-100-2-6.1 (Parcel A) and the entire SCTM #1000-94-4-2 (Parcel B). The address for the two adjacent parcels is 2755 Oregon Road, Mattituck, New York. Parcel A is located at the northwesterly side of Oregon Road where Elijah's Lane intersects with Oregon Road, running northerly to Sound View Avenue in Mattituck in the A-C zoning district. Parcel B is accessed by means of a right of way over Parcel A located approximately 3,500 feet easterly from the intersection of Lloyds Lane and Sound View Avenue in Mattituck in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property identified as SCTM #1000-100-2-6.1 consisting of approximately 24ic acres of the 27ic acre parcel, and a development rights easement on the entire adj acent parcel identified as SCTM #1000-94-4-2 consisting of5ic acres. The exact area of the purchase is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $78,000 (seventy-eight thousand dollars) per buildable acre for the 24ic acre easement and $448,000 (four hundred forty- eight thousand dollars) for the easement on the entire 5ic acre adjacent parcel plus acquisition costs. Both easements will be acquired using Community Preservation Funds. The 24ic acre easement purchase may be eligible for partial funding from an awarded NYS Agriculture and Markets grant. The properties are listed on the Town's Community Preservation Project Plan as properties that should be preserved due to their agricultural values; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel ofland is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. ./'..Vot:eRero..d',:":'Resolt.iiif,ln'.RES":2(107~.281 Thomas H. Wickham Louisa P. Evans Scott Russell Voter Voter Voter No/1'll,lY Abstain Absent 0 0 0 Ii'! 0 0 0 0 0 0 Ii'! 0 0 0 Ii:] Adopted o Adopted as Amended o Defeated o Tabled o Withdra'Ml 2007-282 Page 20 March 13, 2007 Town of South old Board Meeting Minutes CATEGORY: DEPARTMENT: Employment - Town Public Works Resignation - DPW RESOLVED that the Town Board of the Town of South old herebv accepts the resil!nation of Mike Penderl!ast from the position of part-time custodian for the Department of Public Works effective March 22, 2007. -I Vote Reoord ..ResolutionRES~2007~282 Yes/Aye N()/Nay Abstain Absent 0 Adopted Al~ert~rLlP~~i, ~r. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 Defeated Daniel C. Ross Initiator 0 0 Tabled Thomas H. Wickham Seconder 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 0 Scott Russell Voter 0 2007-283 CATEGORY: DEPARTMENT: Committee Appointment Town Attorney Appoint Hamlet Stakeholders WHEREAS, the Town Board of the Town of South old intends to appoint stakeholders from each Hamlet to assist with the implementation of the 2005 Hamlet Study findings to further define a vision statement for each Hamlet; to assist the Town in identifying and prioritizing short and long-term planning projects outlined in the Study; to identify funding resources available to accomplish identified projects; to solicit public and private partnerships to facilitate such projects and help disseminate information to all residents within the community; and it is therefore RESOLVED, that the Town Board of the Town of South old hereby appoints the followinl! members as Hamlet Stakeholders (additional stakeholder names mav be added as needed): Cutchol!ue: Jack DiPaola Jane Minerva Gwynn Schroeder Fred Carcich Bill Gatz Page 21 March 13, 2007 Town of South old Board Meeting Minutes East Marion: Perry Angelson Ruth Ann Bramson Walter Gaipa Jenny Gould Kate Sepenoski Joe Townsend Kevin Webster John Copertino George Peter Marilyn LoPresti Regi Weile GreenDort West: Don Leslie, Jr. Tanya Palmore Peter Russo Ural Talgat Victor Brown Melanie Norden Mattituck: Sue Auer Peter Coleman Constance Connor Joseph Lee Ron McGreevey Hemy Raynor Frank Wills Charlie Saloom Nick Planamento Bill Bladykas Andy Kolb New Suffolk: Joan Robbins Tom Samuels, Jr. Jerry Schultheis Michael Simon Page 22 March 13, 2007 Town of Southold Board Meeting Minutes Brian Andrews J ames Baker III Patricia (Pat) McIntyre Kim Petrie Stephan Roussan Orient: Glynis Berry Margaret Minichini Linton Duell Janet Markarian Priscilla Bull Ted Webb Keri Christ Bill Latham Rona Smith Peconic: Dave Cichanowicz Andrew Greene Ed Dart Bill Grigonis Robert Adipietro Rich Bohner Hugh Switzer Southold: Susan Krupski Fisher Alice Hussie John May Tom McCarthy John Nickles, Jr. John Rooney Marian Salerno Leslie Kanes Weisman Donald Wilson Page 23 March 13,2007 Town of South old Board Meeting Minutes Caroline MacArthur John Sepenoski. Rich Caggiano John Romanelli Kris Pilles Pat Moore Joe Frohnhoefer III Herb Adler -/ VoteReci)nr~ReSoh#r6n'RES-20()7J283 0" Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn 2007-284 CATEGORY: DEPARTMENT: Louisa P. Evans Scott Russell Advertise Town Clerk Advertisefor Resumesfor Various 1<1 Notl'JllY D Abstain D Absent D D RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for various committees. as needed. for terms expiring March 31, 2007 and any vacancies created by resignations. -/.Vote'Retord..,'.R.e$OIution:RES~2007.;284 o Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn 2007-285 CATEGORY: DEPARTMENT: Authorize Payment Town Attorney Voter Voter Voter Y~~/AYl:! 1<1 1<1 1<1 1<1 ~()!Nll_Y D D D D Abstain D D D D Absent D D D D D Authorizes the Payment In the Amount of$8, 000 to Richard Corazzini In Satisfaction of the Town's Obligation to Install Fencing Along the Boundary Lines of the Town's and Mr. Corazzini's Property In Cutchogue RESOLVED that the Town Board of the Town of South old hereby authorizes the payment in the amount of $8.000 to Richard Corazzini in satisfaction of the Town's oblil!:ation to install Page 24 March 13, 2007 Town of South old Board Meeting Minutes fencin!!: alon!!: the boundary lines of the Town's and Mr. Corazzini's property in Cutcho!!:ue, pursuant to the Land Swap Agreement between the parties dated September 3, 2004. ., Vote Reoord..ResolutlonRES';Z0Q7.,285 '" Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn ;\]!Jt:rtl<~l!ps~i Jr. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Initiator Seconder , Voter Voter LY()It:~ Voter )re~Aye '" '" '" '" '" '" ~l)/l'lIlY o o o o Abstain o o o o Absent o o o o 2007-286 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Clerk Set 4/10/077:45 PMfor PH a Local Law In Relation to Amendments to the Vehicle and Traffic Law In the Town of South old WHEREAS, there has been presented to the Town Board ofthe Town of South old, Suffolk County, New York, on the 13th day of March, 2007 a Local Law entitled "A Local Law in relation to Amendments to the Vehicle and Traffic Law in the Town of Southold" 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 10th day of April, 2007 at 7:45 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to the Vehicle and Traffic Law in the Town of South old" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to Amendments to the Vehicle and Traffic Law in the Town of South old". BE IT ENACTED by the Town Board of the Town of South old as follows: Page 25 March 13, 2007 Town of Southold Board Meeting Minutes I. Purpose - In order to provide for the health, safety and welfare of the citizens of the Town, it is necessary for the Town Board to make amendments to the Town's vehicle and traffic regulations, including regulations regarding parking in fire lanes, handicapped spaces, and other areas, as well as updating and consolidating the fines for various infractions. II. Chapter 189 of the Code of the Town of South old is hereby amended as follows: 9189-8. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-1973] Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation punishable by a fine as set forth below not exceeding $2S0 or by imprisonment for a term not exceeding IS days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. Fine Penalty at 30 days Penalty Schedule Penalty at 60 days Penalty at 90 days ~$7S $100 $IS0 $170 III. Chapter 193 of the Code of the Town of South old is hereby amended as follows: ~193-3. Regulations concerning motor vehicles. A. No person in a recreational area shall: (6) Parle a '{ehiele iR ather thllR llR establisheaar aesigRatee parkiRg area, and sueh use shall be iR aeearallRee with the flsstea iRstruetioRs thereat aRe with the iRstruetioRs of any atteRallRt wllo may be flreseRt. IV. Chapter 260 of the Code of the Town of Southold is hereby amended, as follows: ~260-8. Parking prohibited at all times. The parking of vehicles is hereby prohibited at all times in any of the following locations and at anv other location where signage indicates "No Parking": ~260-12. Public parking lots.[Added 7-7-1981 by L.L. No. 4-1981] The parking of vehicles in the i! public parking lot loeated iR Ssuthola OR the south siae of New Y orle Route 2S, approximately 170 f-eet east of Wells ""veRue, is hereby pf6hibitea for a period laRger than two hours. for a period of more than two hours is herebv prohibited at the following locations: Page 26 March 13,2007 Town of Southold Board Meeting Minutes Name of Street Side Location South In Southold, approximately 170 feet east of Wells Avenue New York Route 25 North In Cutchogue, east of Griffing Street, in rear of Shopping Center (except in those spaces designated by signage authorizing parking in excess of two hours) New York Route 25 ~260-13. Stopping prohibited at all times, [Added 8-12-1980 by 1.1. No. 4-1980] The stopping of vehicles is hereby prohibited at all times in any of the following locations and at any other location where signage indicates "No Stopping": ~260-14. Fire zones, fire lanes. fire hydrants. fire wells.[Added 8-12-1980 by L.L. No. 4-1980] A. The parking of vehicles is hereby prohibited at all times in the following fire lane locations zones: A.I. At the shopping center located on the north side of New York Route 25, approximately 1,400 feet west of Cox Lane in the Hamlet of Cutchogue, eommonly kno'NIl as the "Key Food Shopping Center," such fire lane to be 30 feet in width from the southerly sidewalk curbline on the south side (front) of the building and extending for the entire length of the store building. B.~. At the shopping center located on the north side of New York Route 25, having ingress and egress on both Route 25 and Factory Avenue in the Hamlet of Matti tuck, eommonly known as the '\'. & P Shappillg Center," such fire lane to be 24 feet in width, from the southerly and westerly sidewalk curb line on the south and west (front) side of the building and extending the entire length of the L-shaped store building; i.e., 466 feet along the southerly face of the building and 222 feet along the westerly face.[Added 4-25-1989 by 1.1. No. 5-1989] Ii. The stopping, standing or parking of vehicles within 15 feet in either direction of a fire hydrant is hereby prohibited. Page 27 March 13, 2007 Town of Southold Board Meeting Minutes C. The stopping, standing or parking of vehicles within 15 feet in either direction of a fire well is herebv prohibited. D. The stopping, standing or parking of vehicles is prohibited at all times in the areas designated and marked as fire lanes. ~260-17. Handicapped parking, [Added 12-23-1997 by L.L. No. 29-1997] No person shall The stopping, standing or parking of park or stand a motor vehicle!! in any parleing space designated fer the parking of moter vehieles by individllals with handieapped heense plates er permits as set forth bele','l, as handicapped parking bv blue markings and/or handicapped signage is prohibited unless said the vehicle displays stIeh l! valid handicapped license plate, or a valid handicapped parking permit diGplayed in tlle mllllRer lIRd leeatien as designated by New York State or Locallaw~6f reglllatien, in lIRY leellted listed belew: Name of Street Side LoeatioD Orehard Street [.'.dded 10 12 1999 East by L.L. Ne. 12 1999] Prem the Derlheast eerner ef'lillage LaRe lIRd Orehard Street easterly llleng Orehard Street adjaeent te tlle United Metlledist Chareh Sellnd :\ venlle Selltll Prom the Presbyterian Chllr-eh Driveway eBtranee easterly for a Distanee ef 95 feet ~260-18. Additional parking regulations.[Added 3-26-2002 by 1.1. No. 2-2002] /\. No person shall parle a 'lehiele so as te ebstruet a fire llydrllHt. B.A. No person shall double park a vehicle on any Town highway or roadway. G.~. No person shall park a vehicle in whole or part on a sidewalk located adjacent to a highway. I).~. No vehicle shall be parked upon any public highway or roadwav without first being registered and inspected pursuant to the Vehicle and Traffic Law of the State of New York. KD. On a one-way roadway vehicles shall be parked facing in the direction of authorized traffic movement; on a two-way roadway such motor vehicle shall Page 28 March 13, 2007 Town of Southold Board Meeting Minutes be facing in the direction of authorized traffic movement on that portion of the roadway on which the vehicle rests. F.~. No person shall park a vehicle so as to obstruct any driveway except with express permission of the owner. G. No person sllall park a vellicle overtime in a time restricted parking space. F. In an established or designated parking area, a vehicle is to be wholly within the markings or signage where established or designated lines and markings are indicated. ~260-27. Penalties for offenses. A. Every person convicted of a traffic infraction for a violation of any provision of this chapter, which is not a violation of any provision of the Vehicle and Traffic Law of the State of New York, and said traffic infraction is not covered by Subsection B below, shall, for a first conviction thereof, be punished by a fine of nElt more tllan $50 not to exceed $ I 10 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.; f{)r a seeElHd suell eOfl'/ietioH ',vitlliR 18 mElmhs tllereafter, sHell pemon sllall be pHRislled by a fiRe of Rot more than $100 or by ilHflRsanrnent for nElt more tllan 45 days, ar by bath sllell fine and imprisElRHlem; upon a thiFd Elf subse<Juem eonvictiElR withiR 18 mamhs after the first eOR'/ietioR, suell perseR shall be pUflished by a fiRe of Rot more than sueh perSElR shall be punislled by a fiRe Elf Rot more than $250 Elr by imprisEll1FHeRt for RElt more tllan 90 says, Elr by bEltll suell fiRe and impRsElRHleRt. B. All persons cited on a Town parking summons for violation of this chapter, permit parking or parking related violations shall be subject to a fine as set forth below and shall answer on or before 30 days after the issuance of the summons. Persons failing to answer before the expiration of 30 days after issuance of the summons shall be subject to the penalties set forth in the penalty schedule below, in addition to the prescribed fines: Fine Schedule Section Description Amount 260-8 Parking prohibited at all times $fr$75 260-9A Parking prohibited certain hours ~$75 260-9B Between 10:00 p.m. and 6:00 a.m. ~$75 260-9C Night fishing permit $50 Page 29 March 13, 2007 Town of Southold Board Meeting Minutes 260-10 Parking prohibited certain months ~$75 260- II Parking limited time ~$75 260-12 Parking public lots ~$75 260-13 Stopping prohibited at all times $75 260-14A Fire lanes $75 260-14B Fire hydrant ill 260-14C Fire wells $75 260-14D Fire zone $75 260-15 Parking or standing prohibited certain ~ill times Fine Schedule Section Description Amount 260 16 260-17 Handicapped parking only $110* 193 f.( 6)260- I 8F Parking a vehicle in other than established $W $75 or designated area 1892A189-2F Parking by Southold Town permit only $W ill I 89-3AU) ResideRt parkiRg peffilit Permit properly $W ill affixed 26018.'. Fire hydrant m 260-18BA Double parked ~ill 260-18G~ On sidewalk ~ill 260- I 8f)C Expired registration ~$50 Over 60 days $W$75 260- I 8f)C Expired inspection ~.rul Page 30 March 13,2007 Town of Southold Board Meeting Minutes Section Over 60 days 260-18ED Wrong side to curb 260-18FJ;'; Obstructed driveway 260-18F Designated parking space 260-18G Overtime parking 260-19 No stopping zone 260 20 Fire ZOHe 260-21 Bus stop 260-22 Loading zone NOTES: * Includes NYS mandatory surcharge of$35. Penalty Schedule Penalty at Penalty at 30 Days 60 Days Description Fine $W$75 ~$75 ~$75 $75 ~lli ~lli m ~lli ~lli Penalty at 90 Days 260-8 Parking prohibited ~$75 $+{J$IOO ~$150 ~$170 at all times 260-9A 260-9B 260-9C 260-10 260-11 260-12 260-13 Parking prohibited ~$75 $+{J$100 certain hours Between 10:00 p.m. ~$75 $+{J$100 and 6:00 a.m. Night fishing permit $50 $100 Parking prohibited ~$75 $+{J$100 certain months Parking limited time ~$75 $+{J$100 Parking public lots ~$75 $+{J$100 Stopping prohibited lli $100 at all times ~$150 ~$170 ~$150 ~$170 $150 $170 ~$150 ~$170 ~$150 ~$170 ~$150 ~$170 $150 $170 Page 31 March 13, 2007 Town of Southold Board Meeting Minutes 260-l4A Fire lanes $75 $150 $225 $245 260-l4B Fire hydrant $75 $150 $225 $245 260-14C Fire wells $75 $150 $225 $245 260-14D Fire zone $75 $150 $225 $245 260-15 Parking or standing $35lli $70$100 $105$150 $125$170 prohibited certain times 26016 Fire wellG m $lW ~ ~ 260-17 Handicapped parking $110* $185 $260 $280 Only NOTES: * Includes NYS mandatory surcharge of$35. Penalty Schedule Penalty at Penalty at Penalty at Section Description Fine 30 Days 60 Days 90 Days 193 3f.(6) Parking a vehicle in ~$75 $100 $150 $170 260-18F other than established or designated area 189-M2F Parking by Southold ~lli $100 $150 $170 Town permit only 189-3ACD Residellt parldllg ~lli $100 $150 $170 Permit Permit properlv affix ed 260 1&/\ Fire hydrant $75 $150 $225 $245 260-18BA Double parked m$75 $+(l$100 ~$150 ~$170 260-18GB On sidewalk m$75 $+(l$100 ~$150 ~$170 260-189C Expired registration m$50 $+(l$75 ~$125 ~$150 Over 60 days ~$75 $l-OO$125 $lW$175 ~$200 Page 32 March 13, 2007 Town of South old Board Meeting Minutes 260-1SI)C Expired inspection ~$50 $-7Q$75 ~$125 ~$150 Over 60 days $Ml$75 $-1-00$125 $-I-W$175 WG$200 260-1Sl';D Wrong side to curb ~$75 $-7Q$100 ~$150 ~$170 260-ISFf'; Obstructed driveway ~$75 $-7Q$100 ~$150 ~$170 260-1SF Designated parking ill $100 $150 $170 space 260-19 No stopping zone ~ill $-7Q$100 ~$150 ~$170 260 20 Fire zone $75 $150 $225 $245 Penalty Schedule Penalty at Penalty at Penalty at Section Description Fine 30 Days 60 Days 90 Days 260-21 Bus stop ~ill $-7Q$100 ~$I50 ~$170 260-22 Loading zone ~ill $-7Q$100 ~$I50 ~$170 V. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. VI. APPLICABILITY AND EFFECTIVE DATE. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Page 33 March 13, 2007 Town of South old Board Meeting Minutes v Vote Reco'rd:<iRiisolutioiI RES-2007;;286 Yes/AY~ N()!NllY Abstain Absent Ii'! Adopted Albert Krupski Jr. Seconder Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-287 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Clerk Ratify the Settlement Agreement of a Grievance Brought by a Town Employee, Dated March 13, 2007 RESOLVED that the Town Board of the Town of South old hereby ratifies the settlement aareement of a arievance brouaht bv a town emDlovee, dated March 13. 2007. "Vot. Re<Ord. Resolulio. RES-2007.287 YeslAy~ !'Ill/Nay Abstain Absent Ii'! Adopted Al~e~J(rup~~iJr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii'! 0 0 0 0 Defeated Daniel C. Ross Initiator Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-288 CATEGORY: DEPARTMENT: Misc. Public Hearing Town Attorney Sets April 24, 2007 At 9:00 A.M. In the Town Meeting Hall, 54375 Main Road, Southold, New York 11971, As the Time and Place for a Public Hearing on the Coastal Erosion Hazard Board of Review Appeal of Robert G. Bombara, Relating to a Proposed New Single-Family Dwelling, Garage and Swimming Pool Proposed to be Located At 1725 North Sea Drive, Southold, SCTM #1000.54.4-19 IT IS HEREBY RESOLVED that the Town Board ofthe Town of Southold sets April 24. 2007 at 9:00 a.m. in the Town Meetinl!: Hall. 54375 Main Road. Southold. New York 11971, as the time and place for a public hearinl!: on the Coastal Erosion Hazard Board of Review ApDeal of Robert G. Bombara. relatinl!: to a proposed new sinl!:le-familv dwellinl!:. l!:aral!:e and swimminl!: pool proposed to be located at 1725 North Sea Drive. South old. SCTM #1000-54-4-19, and directs the Town Clerk to publish notice of such appeal in The Suffolk Times not less than ten (10) days nor more than thirty (30) days prior to such hearing and to notify the applicant by first class mail. Page 34 March 13, 2007 Town of South old Board Meeting Minutes ./,VoteRerord .~'ReiiC)lutjonRES~2007';21J8 ):'es(Aye ~()(l'Iay Abstain Absent iii Adopted Albert Krupski Jr. Voler 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 Tabled Thomas H. Wickham Seconder iii 0 0 0 Withdrawn Louisa P. Evans Initiator iii 0 0 0 Scott Russell Voter iii 0 0 0 2007-289 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Clerk Agreement with East End Towns and Villages RESOLVED that the Town Board of the Town of South old hereby authorizes Supervisor Scott A. Russell to execute a Memorandum of Understandina with the East End Towns and Villaaes regarding land use and transportation strategies coordinated by the East End Transportation Council. "'.Vote RetOrd -ResolutionREs;.2007-289 Y~s/Ay~ N()(NI:lY Abstain Absent iii Adopted A1llertKrLipsk:iJr. Voter iii 0 0 0 0 Adopted as Amended William P. Edwards Voler iii 0 0 0 0 Defeated Daniel C. Ross Voter iii 0 0 0 0 Tabled Thomas H. Wickham Initiator iii 0 0 0 0 Withdra\Vll Louisa P. Evans Seconder iii 0 0 0 Scott Russell Voter iii 0 0 0 2007-290 CATEGORY: DEPARTMENT: Seqra Town Clerk SEQRA Gold Star Parents LL 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 Exemption for Veterans and Gold Star Parents" is classified as a Tvpe II Action pursuant to SEORA Rnles and Rel!ulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. -/:VoteReco~d . Resolution RES;2007-290 . ...... Yes/Aye No/Nlly Abstain Absent iii Adopted Albert Krupski Jr. Initiator iii 0 0 0 0 Adopted as Amended William P. Edwards Seconder 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 Voter iii 0 0 0 Scott Russell Voter iii 0 0 . 0 Page 35 March 13, 2007 Town of South old Board Meeting Minutes 2007-291 CATEGORY: DEPARTMENT: Seqra Town Clerk SEQRA Fire Fighters RESOLVED that the Town Board of the Town of South old hereby finds that the adoption ofthe local law entitled "A Local Law in relation to Amendments to Exemption for Volunteer Fire Fiehters and Ambulance Workers" is classified as a Tvpe II Action pursuant to SEORA Rules and Reeulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. 01' Vote Record., R.esolutionRES':'20()7-291 Ye:s/AYli! !'l()i'NllY Abstain Absent Ii'! Adopted Albert ~rup~~i,}r- Seconder Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 WithdraMl Louisa P. Evans Voter 0 0 Ii'! 0 Scott Russell Voter Ii'! 0 0 0 2007-292 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact LL Fire Fighters 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 Amendments to Exemption for Volunteer Fire Fil!hters and Ambulance Workers" 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 will be given an opportunity to be heard, now therefor 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 Exemption for Volunteer Fire Fil!hters and Ambulance Workers" reads as follows: Page 36 March 13,2007 Town of South old Board Meeting Minutes LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to Amendments to Exemption for Volunteer Fire Fh!:hters and Ambulance Workers. BE IT ENACTED by the Town Board of the Town of South old 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 South old is hereby amended as follows: 9245-13. Unremarried spouses of volunteer fire fighters or ambulance workers killed in line of duty. [Added 6-20-2006 by 1.1. 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 SlieR memBer is killecl ill tRe lille of cluty; 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 ftIl 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 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. Page 37 March 13, 2007 Town of South old Board Meeting Minutes 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. ./ Vote Reto:rd . ReSolution RES..2007:"292 X ~~Aye No/Nay Abstain Absent 0 Adopted Albert Krupski Jr. Voter 0 D D D D Adopted as Amended William P. Edwards Voter 0 D D D D Defeated Daniel C. Ross Initiator 0 D D D D Tabled Thomas H. Wickham Seconder 0 D D D D Withdrawn Louisa P. Evans Voter D D 0 D Scott Russell Voter 0 D D D 2007-293 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk ENACT Gold Star Parents LL 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 Exemution for Veterans and Gold Star Parents" 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 will be given an opportunity to be heard, now therefor 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 Exemotion for Veterans and Gold Star Parents" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to Exemution for Veterans and Gold Star Parents. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The Town Board of the Town of South old seeks to provide to certain Page 38 March 13, 2007 Town of Southold Board Meeting Minutes 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 of the Town of South old is herebv 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 May 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 militarv. naval. or air service during a period of war or who was a recipient of the armed forces expeditionarv medal. naval expeditionary medal. Marine Coms expeditionary medal or global war on terrorism expeditionarv medal. and who was discharged or released therefrom under honorable conditions: or B. Who was employed by the War Shippings Administration or Office of Defense Transportation or their agents as a merchant seaman documented by the United States Coast Guard or Department of Commerce or as a civil servant employed by the United States Army Transportation Service (later redesignated as the United States Army Transportation Coms. Water Division) or the Naval Transportation Service: and who served satisfactorily 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 voyages between the United States. Canada. Mexico or the West Indies via ocean routes or public vessels in oceangoing service or foreign waters and who has received a certificate of release or discharge from active duty and a discharge certificate or an honorable service certificate/report of casualty from the Department of Defense: C. Who served as a United States civilian employed by the American Field Service and served overseas under United States Armies and United States Army Page 39 March 13,2007 Town of Southold Board Meeting Minutes 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. &245-16. Exemption granted to veterans and Gold Star parents. A. The maximum exemption allowable to Qualifying residential real property exempt from taxation, under &458-a of the New York Real Property 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 Coms expeditionary medal. or global war on terrorism expeditionarY 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 disability. calculated as the product ofthe assessed value multiplied bv 50% of the veteran's disability rating under &458-a of the New York Real Property Tax Law, is hereby increased from $90,000 to $180,000. D. The County of Suffolk hereby elects to include a Gold Star Darent within the definition of "qualified owner" and to include property owned bv a Gold Star parent within the definition of "qualifving residential real propertv", as provided in &458-a(1)(c) and (d) of the New York Real Property Tax Law, on the condition that such property shall be the primary residence of the Gold Star parent. The exemption granted bv 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 provided 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 veteran alreadv receiving 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 village, the assessor shall transfer and prorate, for the Page 40 March 13, 2007 Town of South old Board Meeting Minutes remainder ofthe fiscal vear, the exemption which the veteran received. The prorated exemption shall be based upon the date the veteran obtains title to the new propertv and shall be calculated bv multiplying the tax rate or rates for each municipal corporation which levied taxes, or for which taxes were levied, on the appropriate tax roll used for the fiscal vear or vears during which the transfer occurred times the previouslv granted exempt amount times the fraction of each fiscal vear or vears remaining subsequent to the transfer of title. Nothing in this section shall be construed to remove the requirement that anv such veteran transferring an exemption pursuant to this section reapplv for the exemption authorized pursuant to Section 458-a of the Real Propertv Tax Law on or before the following taxable status date, in the event such veteran wishes to receive the exemption in future fiscal vears. 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. ""Vote Retord - ResolutionRES;'2007-293 .. Yes/Aye No/Nay 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 Withdrawn Louisa P. Evans Seconder 0 0 0 0 Scott Russell Voter 0 0 0 0 2007-294 CATEGORY: DEPARTMENT: Property Acquisition Purchase Land Preservation N&J Managment Co - Elect to Purchase WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by N&J Management Company on the 13th day of March, 2007, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and Page 41 March 13, 2007 Town of South old Board Meeting Minutes WHEREAS, said property is identified as part ofSCTM #1000-113-13-1.2. The address is 4735 Westphalia Road, Mattituck, New York, and is located on the southerly side of Westphalia Road, approximately 830 feet east of the intersection of Cox Neck Road and Westphalia Road in Mattituck in the R-80 zoning district; and WHEREAS, the development rights easement comprises approximately 16.5io acres (subject to survey) of the 17.5io acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the purchase price for the easement is $68,000 (sixty-eight thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. The easement purchase may be eligible for partial funding from an awarded NYS Agriculture and Markets grant; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (L WRP) and the L WRP Coordinator has recommended that this action is consistent with the L WRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by N&J Management Company pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-113-13-1.2. The address is 4735 Westphalia Road, Mattituck, New York, and is located on the southerly side of West phali a Road, approximately 830 feet east of the intersection of Cox Neck Road and Westphalia Road in Mattituck in the R-80 zoning district. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 16.5io acres (subject to survey) of the 17.5io acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $68,000 (sixty-eight thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. Town funding for this purchase is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 Page 42 March 13, 2007 Town of Southold Board Meeting Minutes (Agricultural Lands Preservation) of the Town Code of the Town of Southold. The easement purchase may be eligible for partial funding from an awarded NYS Agriculture and Markets grant. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the Town Board hereby determines that this action is consistent with the L WRP. ,(Vote Record ~ResC)lutionRES~2007-294 Yes/Aye No/Nay Abstain Absent Ii'! Adopted Albert Krupski Jr. Ii'! 0 0 0 0 Adopted as Amended William P. Edwards 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 Scott Russell Voter Ii'! 0 0 VII. Public Hearinl!s 1. Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearinl!. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. 2. Statement SUPERVISOR RUSSELL: What we can do is, we are 10 minutes short of the public hearing, I think? TOWN ATTORNEY FINNEGAN: I think they are actually scheduled a little earlier this time. TOWN CLERK NEVILLE: 7:45 is the first one, so we can go. 3. N&J Management - 3/13/07 7:55 COMMENTS - Current Meeting: COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of South old hereby sets Tuesdav. March 13.2007. at 7:55 p.m.. South old Town Hall. 53095 Main Road. Southold. New York as the time and place for a public hearinl! for the purchase of a development ril!hts easement on property owned bv N&J Manal!ement Company. Said property is identified as part ofSCTM #1000-113-13-1.2. The address is 4735 Westphalia Road, Mattituck, New York. The property is located on the southerly side of West phali a Road, approximately 830 feet east of the intersection of Cox Neck Road and Westphalia Road in Mattituck in the R-80 zoning district. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 16.501: Page 43 March 13, 2007 Town of South old Board Meeting Minutes acres of the 17.5"= acre parcel. The exact area of the purchase is subject to a Town-provided survey acceptable to the Land Preservation Conunittee and the property owner. The purchase price is $68,000 (sixty-eight thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. The easement purchase may be eligible for partial funding from an awarded NYS Agriculture and Markets grant. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel ofland is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I would like to ask if my fellow Board member, Al Krupski, who is also the liaison to the Land Preservation Committee can give us more detail. COUNCILMAN KRUPSKI: Thank you. This is actually a project that was started before I was liaison. I think Bill was liaison at the time. This has been in the works quite a while. This is a parcel that is on Westphalia Road, it is north of the county park, it is actually the town park Strawberry Fields. It is surrounded by some pretty high density housing, so it is nice to have that open space in the middle of that and you can see that there is quite a bit of, a lot of the open space in the area has been acquired either by the county, the town or Peconic Land Trust. So it is sort of filling in the areas that (inaudible). So I would recommend this purchase. JUSTICE EVANS: Standing in for Melissa tonight? COUNCILMAN KRUPSKI: Yes. COUNCILMAN WICKHAM: Also in the file, I have a listing that it has appeared on the Town Clerk's bulletin board outside, it has appeared as a legal in the newspaper and I have a communication from Mark Terry, the LWRP coordinator. "In regard to the proposed purchase, the development rights easement on this property, based on the information provided on the consistency assessment form submitted to me, the proposed action is consistent with the policy standards of the LWRP and is therefore consistent with that program." SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this purchase? (No response) I will say that at the current price, $68,000 an acre, with that kind of road frontage, it is a nice opportunity for the town in this particular real estate market. Hearing none. Hearing closed at 7:55 PM RESULT: CLOSED [UNANIMOUS] MOVER: William P. Edwards, Councilman Page 44 March 13, 2007 Town of South old Board Meeting Minutes SECONDER: Louisa P. Evans, Justice AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. 4. A Local Law In Relation to Amendments to Exemption for Volunteer Fire Fighters and Ambulance Workers 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 13th day of February, 2007 a Local Law entitled "A Local Law in relation to Amendments to Exemption for Volunteer Fire Fil!hters and Ambulance Workers" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of South old will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 13th day of March 2007 at 7:45 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to 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 of the 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. 11. Chapter 245 of the Code ofthe Town of South old is hereby amended as follows: 9245-13. Unremarried spouses of volunteer fire fighters or ambulance workers killed in 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 saell memeer is killed in tHe line of dat)'; 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 llfl 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 Page 45 March 13, 2007 Town of South old Board Meeting Minutes 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 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 oftaxable 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. It has appeared as a legal in the local newspaper and it has appeared on the Town Clerk's bulletin board outside. I don't believe that I have any other written communications on this public hearing. SUPERVISOR RUSSELL: Would anybody like to come up to the Town Board and address us on this local law? (No response) Hearing none. Hearing closed at 7:52 PM RESULT: CLOSED [UNANIMOUS) MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. 5. A Local Law In Relation to Exemption for Veterans and Gold Star Parents 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 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 Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 13th day of March 2007 at 7:55 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 Exemption for Veterans and Page 46 March 13, 2007 Town of Southold Board Meeting Minutes 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: I. 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 of the Town of South old is herebv 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 May 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 militarv. naval. or air service during a period of war or who was a recipient of the armed forces expeditionary medal. navalexpeditionarv medal. Marine Corps expeditionary medal or global war on terrorism expeditionarv medal. and who was discharged or released therefrom under honorable conditions: or B. Who was employed by the War Shippings Administration or Office of Defense Transportation or their agents as a merchant seaman documented by the United States Coast Guard or Department of Commerce or as a civil servant employed by the United States Army Transportation Service (later redesignated as the United States Army Transportation Corps. Water Division) or the Naval Transportation Service: and who served satisfactorily 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 Page 47 March 13, 2007 Town of Southold Board Meeting Minutes further to include near-foreign vovages between the United States, Canada, Mexico or the West Indies via ocean routes or public vessels in oceangoing service or foreign waters and who has received a certificate of release or discharge from active duty and a discharge certificate or an honorable service certificate/report of casualty from the Department of Defense; !:;. Who served as a United States civilian employed by the American Field Service and served overseas under United States Armies and United States Army Groups in World War II during the period of armed conflict December 7, 1941, through May 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 employee of Pan American World Airways 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. &245-16. Exemption granted to veterans and Gold Star parents. A. The maximum exemption allowable to qualifying residential real property exempt from taxation. under &458-a of the New York Real Property 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 by Subsection A of this Section, the maximum exemption allowable to veterans who served in a combat theater or combat zone of operations, as documented by the award of the United States Campaign Ribbon or Service Medal. or the armed forces expeditionary medal. naval expeditionary medal. Marine Corps expeditionary medal. or global war on terrorism expeditionary 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 disability. calculated as the product of the assessed value multiplied by 50% of the veteran's disability rating under &458-a of the New York Real Property Tax Law, is hereby increased from $90.000 to $180,000. D. The County of Suffolk hereby elects to include a Gold Star parent within the definition of "qualified owner" and to include property owned by a Gold Star parent within the definition of "qualifying residential real property". as provided in &458-a(! )( c) and (d) onhe New York Real Property Tax Law, on the condition that such property shall be the primary residence of the Gold Star parent. The exemption granted by Subsections A and B of this section are hereby extended to the primary residences of Page 48 March 13, 2007 Town of Southold Board Meeting Minutes Gold Star parents located within the Town of Southold. The real property tax exemption provided 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 veteran already receiving 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 village, the assessor shall transfer and prorate, for the remainder of the fiscal year, the exemption which the veteran received. The prorated exemption shall be based upon the date the veteran obtains title to the new property and shall be calculated by multiplving the tax rate or rates for each municipal corooration which levied taxes, or for which taxes were levied, on the appropriate tax roll used for the fiscal year or years during which the transfer occurred times the previously 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 remove the requirement that any such veteran 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 veteran wishes to receive the exemption in future fiscal years. 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, 2007. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. It has appeared as a legal in the local newspaper, it has appeared out on the Town Clerk's bulletin board out there and I have no further written comments on this proposal. SUPERVISOR RUSSELL: Would anybody like to come up and address us on this particular local law? (No response) Hearing none. Hearing closed at 7:53 PM RESULT: . CLOSED [UNANIMOUS] MOVER: Daniel C. Ross, Councilman SECONDER: Louisa P. Evans, Justice AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Page 49 March 13, 2007 Town of Southold Board Meeting Minutes 6. Statement SUPERVISOR RUSSELL: Would anybody like to come up before the Town Board and address any issue of mutual interest? PETER BELL: Peter Bell, Cutchogue. This is the second time I have appeared before the Board on this issue. The last time was two years ago when, we are talking about extended, about daylight savings time. If you recall, I suggested that since we have only one sidewalk on one side of the road, that it is going to be difficult for kids going to school in the morning or farm laborers riding bikes going to work in the morning and I thought that the Town could extend itself by giving reflective vests to the kids who ride to school in the morning as well as the laborers who ride their bikes in the morning because I think at that time two years ago I gave everybody a copy ofthe Times, which showed that accidents are increasing during those times of the day. So I just want to put that before you that I think it would be easy for the Highway Department to get some vests at cost or whatever it is and contact the high schools and find out which kids use those bike racks early in the morning and give them a vest to wear. And the same thing with the agricultural workers who use bikes to go to work in the morning. So that is all I have to say, that is what I am asking the Town to do. I don't know if they can do it but I am just asking, okay? SUPERVISOR RUSSELL: Thank you very much. JUSTICE EVANS: The town did it once, they had those flashing lights that they were giving out. SUPERVISOR RUSSELL: I had talked to someone who had done that through a local organization and they had gone out and secured quite a bit of money and bought reflective vests and culturally speaking, people weren't willing to wear them, in the community. And that was a problem. UNIDENTIFIED: Inaudible SUPERVISOR RUSSELL: Were not willing to wear them. So they had distributed all these vests and they largely went unused and that sort of became defeating, because they thought they were doing a real good thing. Would anybody else like to address the Town Board? FRANK WILLS: Frank Wills, Mattituck. Motion 283, the listing for the stakeholders for each of the towns, Southold is not listed. JUSTICE EVANS: It is not? MR. WILLS: The Town of South old. SUPERVISOR RUSSELL: The hamlet. COUNCILMAN WICKHAM: The page must have gotten lost because that had more names on Page 50 March 13, 2007 Town of South old Board Meeting Minutes it than any other. . . SUPERVISOR RUSSELL: Yes, Southold was a very robust group and that must have just been... MR. WILLS: Alright. JUSTICE EVANS: That should be included in the resolution. There is a list of names and it is quite long. I am not sure but thank you for pointing that out. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board? (No response) Okay, before we adjourn I would just like to bring your attention to the photographs on the wall. That is an exhibit known as 'On the Edge' workers on the waterfront. These are all Greenport residents who have an industry that is either directly related or indirectly related to our maritime heritage. They are taken by a woman named Juliana Thomas, from New York. All the narratives in place are from local captain, Dave Belson. We are going to have a reception here on Thursday, March 29th at 7:00 PM. We are going to have the artist here as well as many of the subjects in these photos. It is a stunning exhibit and we are proud to be able to present it to you. Would anybody else like to address the Town Board on any issue? COUNCILMAN ROSS: Sure. I would just like to report, last Saturday Councilman Wickham, Edwards and myself attended the Farm Bureau's annual meeting with Tim Bishop, Congressman Bishop, were he reports to the Farm Bureau regarding agricultural issues. He discussed national issues generally such as medicare and immigration and the war and different items but specifically he answered questions of our agricultural community with respect to farming. The issues were kind of specific. To go into, one item he noted was he sponsored legislation that would defer for the estate tax purposes, the value of farmland for an operating farm and that he is working on and the Land Trust was there also and it was a nice meeting and I want to thank Joe Gergela for inviting us to it and I wanted to let the public know. Thank you. COUNCILMAN EDWARDS: I would like to add just one comment from that meeting which will be of interest, I think, to any people in the community particularly farmers who have land which is of serious value. He is supporting legislation which will when the estate tax comes back, because I think it is 2010, the current phase down of the estate tax goes away and the estate tax comes back in all its glory and he pointed out that if the estate tax threshold were raised to $7 million in an estate, which would obviously exempt virtually every family farm, which is always been the concern with estate tax. The estate tax, even so, at that point would only apply to 3/1 oth of one percent of all the estates in, that would occur upon deaths and presumably virtually none in Southold Town of farmland. Nevertheless, over the 10 years from there forward, would yield up $1 trillion in taxes and to do away with the estate tax would do away with $1 trillion in income and that happens to be the exactly the amount of money he feels is needed to fix the alternative minimum tax problem, which by the year 2020 he projects will affect more than 50 % of all the families on Long Island. So his comment was obviously we need the estate tax in order to fund solving the alternative minimum tax problem and it would of Page 51 March 13,2007 Town of South old Board Meeting Minutes course, protect our farms from any destruction from the estate tax. SUPERVISOR RUSSELL: Anybody else? We are, we discussed the drainage code at length again today. They have been working diligently on it, making, there were very good suggestions from the public on that we have been incorporating their suggestions from people who had spoke. From North Fork Environmental Council and others. We are incorporating those suggestions into a document; we should have something to pass probably very shortly. In two weeks. COUNCILMAN KRUPSKI: I actually spoke with a building inspector this morning to try to get a feel for how we are going to enforce this. This was previously enforced by the Trustees under their jurisdiction on waterfront lots and there wasn't ever a problem with compliance or enforcement on this provision of the code and so, we want to keep it simple on this and basically it will be a gutters and drywell type of a code for the most part, if you own a piece of property that is really impacted either by a low lying area in existing subdivision or you have got a really steep slope, or a really odd situation, you are going to have to do a little more engineering but for the most part, we are going to keep it simple on the enforcement and keep it simple for the compliance. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? (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 8:07 P.M. . . . . . ~4~Q.~ Eli beth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER: Louisa P. Evans, Justice AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Page 52