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Home My WebLink AboutTB-02/27/2007 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES February 27, 2007 4:30 PM Town Hall, 53095 Main Road PO Box 11 79 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southo1dtown.northfork.net A Regular Meeting of the Southold Town Board was held Tuesday, February 27, 2007 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 4:30 PM with the Pledge of Allegiance to the Flag. Attendee Name Albert Krupski Jr. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Elizabeth A Neville Patricia A Finne an I. Reports 1. Board of Trustees January 2007 2. Program for the Disabled January 2007 II. Public Notices Organization Town of Southold Town of Southold Town of South old Town of Southold Town of Southold Town of South old Town of South old .. Town of Southold Title Councilman Councilman Councilman Councilman Justice . Supervisor Town Clerk Town Attome Status Present Present Present Present Present Present Present Present Arrived 1. US Army Corps of Engineers Application to dredge Brushes Creeks with ten years maintenance and sand discharge for beach nourishment. Suffolk County Department of Public Works Page I February 27, 2007 Town of Southold Board Meeting Minutes 2. NYS DEC Notice of Complete Application Peconic Land Trust, Harper Preserve, 1920 Lake Dr., Southold III. Communications IV. Discussion 1. 9:00 AM ZBA Report Jim Dinizio 2. 9:30 AM HamletlHalo Stakeholders Philip BeItz 3. 9:50 AM Goldsmith Inlet Jamie Richter 4. Peconic Recycling and Transfer Station 5. Home Rule Requests 6. Rental Housing Law 7. Waiver of Merger 8. Draft AG PDD 9. Senior Forum: 2/28 @ 10:00 AM 10. Appointment to Ethics Board 11. Appointment to Land Preservation Commission 12. LWRP Coordinating Committee Appointments 13. Buildable Lot Coverage 14. Wind Energy Systems Law 15. Request for B & Bs In Marine Zones 16. New Roles for Ag Advisory Committee 17. No Parking Request: Oak Street and Surroundings, Greenport 18. Southold Rep to Suffolk County Planning Commission Page 2 February 27, 2007 Town of Southold Board Meeting Minutes 19. !:OO PM - Executive Session - Personnel Karen McLaughlin 20. 1:30 PM - Executive Session - Acquisition of Property Melissa Spiro 21. Executive Session - Personnel- LWRP 22. Executive Session - Contract - Raynor Foundation 23. Executive Session - Ethics Board Decision 24. Executive Session - Acquisition of Property Clark's Beach V. Resolutions 1. Statement SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. Would anybody like to come up and address the Town Board on any item that appears on the agenda? I am sorry the agendas are late going out, we had a meeting that went very late today. We just wrapped up a short time ago and there is a very full agenda today. But would anybody like to come up and address the Town Board on any of the items here? (No response) Hearing none, can we move forward? UNIDENTIFIED: Is it time for the storrnwater comments? SUPERVISOR RUSSELL: No, we will have you come up during a special segment of the meeting which will be a public meeting component. 2007-205 CATEGORY: DEPARTMENT: Audit Town Clerk Audit 2/27/07 RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated February 27. 2007. Page 3 February 27, 2007 Town of South old Board Meeting Minutes ./ Vote Record - Resolution REs;.2007-20S yes/Aye No/Nay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-206 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Next Meeting 3/13/077:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, March 13,2007 at the Southold Town Hall, Southold, New York at 7:30 P. M.. ./ Vote Record - Resolution RES--2007-206 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-207 CATEGORY: DEPARTMENT: Advertise Town Clerk Amend Res #2007-187 RESOLVED that the Town Board of the Town of South old hereby amends resolution #2007- 187, adopted at the February 13,2007 to read as follows: WHEREAS, there has been presented to the Town Board ofthe 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 Fighters and Ambulance Workers" now, therefore, be it RESOLVED that the Town Board ofthe Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 13th day of March 2007 at 7:45 p.m. at which time all interested persons will be given an opportunity to be heard. Page 4 February 27,2007 Town of South old Board Meeting Minutes 2007-208 CATEGORY: DEPARTMENT: Advertise Town Clerk Amend Res 2007-188 RESOLVED that the Town Board of the Town of Southold hereby amends resolution #2007-188 adopted at the February 13.2007 meetinl!:. to read as follows: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 13th day of February, 2007 a Local Law entitled "A Local Law in relation to Exemption for Veterans and Gold Star Parents" now, therefore, be it RESOLVED that the Town Board of the Town of 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 7:50 p.m. at which time all interested persons will be given an opportunity to be heard. -/ Vote Record. Resolution RES-2007-208 Yes/Aye NoINay Abstain Absent Ii'I Adopted Albe,rtI<fllPs~iJr. Seconder Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'I 0 0 0 0 Defeated Daniel C. Ross Voter Ii'I 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'I 0 0 0 Scott Russell Voter Ii'I 0 0 0 2007-209 CATEGORY: DEPARTMENT: Employment - Town Town Clerk Resignation Francesca Quintieri Page 5 February 27, 2007 Town of Southold Board Meeting Minutes RESOLVED that the Town Board of the Town of South old hereby accents. with reeret. the resienation of Francesca Quintieri from her nosition of Account Clerk in the Town Clerk's office, effective February 28,2007. 0/ Vote Record - Resolution RES-2007-209 Yes/Aye ~O/I'll8Y Abstain Absent I<l Adopted Alb,ert l(rup~kiJr. Voter I<l 0 0 0 0 Adopted as Amended William P. Edwards Seconder I<l 0 0 0 0 Defeated Daniel C. Ross Initiator I<l 0 0 0 0 Tabled Thomas H. Wickham Voter I<l 0 0 0 0 Withdrawn Louisa P. Evans Voter I<l 0 0 0 Scott Russell Voter I<l 0 0 0 2007-210 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification--2006 Town Board and Fringes RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 General Fund Whole Town budeet as follows: To: A.1010.4.600.750 A.9050.8.000.000 Town Board, C.E., FI Harbor Committee Unemployment Insurance $1,675 770 From: A.10l0.4.600.l00 A.9030.8.000.000 Town Board, C.E., Legal Notices Social Security $1,675 770 .;' Vote Record - Resolution RES-2007.210 Yes! Aye N()IN~Y_ Abstain Absent I<l Adopted Albert K~psk:U~. Voter I<l 0 0 0 0 Adopted as Amended William P. Edwards Voter I<l 0 0 0 0 Defeated Daniel C. Ross Voter I<l 0 0 0 0 Tabled Thomas H. Wickham Seconder I<l 0 0 0 0 Withdrawn Louisa P. Evans Initiator I<l 0 0 0 Scott Russell Voter I<l 0 0 0 2007-211 CATEGORY: DEPARTMENT: Budget Modification Engineering Budget Modification - 2006 Engineer RESOLVED that the Town Board ofthe Town of South old hereby modifies the 2006 General Page 6 February 27, 2007 Town of Southold Board Meeting Minutes Fund. Whole Town Hudeet, as follows for the Eneineerine Department: To: A 1440.1.100.100 A 1440.1.100.200 From: A 1440.1.200.100 Regular Earnings Overtime Earnings $ 571.64 $ 2,254.43 Part Time Regular Earnings $ 2,826.07 ." Vote Retord - Resolution RES-2007-211 Yesl}\y~ No/Nay Abstain Absent 1<1 Adopted AI~ert 1(11Ips~iJr~ 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 2007-212 CATEGORY: DEPARTMENT: Budget Modification 2006 Budget Modification Accounting RESOLVED that the Town Board of the Town of South old hereby modifies the 2006 Architectural Review Committee General Fund Part Town budeet as follows: To: B.3989.1.200.1 00 From: B.3989.4.100.100 B.1990.4.1 00.1 00 Part-Time Regular Earnings $40.83 Supplies & Materials Unallocated Contingencies $12.17 $28.66 ./ Vote Retard- Resolution RES-2007-212 Yes/Aye NolNay Abstain Absent 1<1 Adopted Albert Krupski Jr. Initiator 1<1 0 0 0 0 Adopted as Amended William P. Edwards Seconder 1<1 0 0 0 0 Defeated Daniel C. Ross Voter 1<1 0 0 0 0 Tabled Thomas H. Wickham Voter 1<1 0 0 0 0 Withdrawn Louisa P. Evans Voter 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2007-213 CATEGORY: DEPARTMENT: CloselUse Town Roads Town Clerk Page 7 February 27, 2007 Town of Southold Board Meeting Minutes St. Patrick's Day Parade, Cutchogue RESOLVED that the Town Board of the Town of South old hereby l!:rants uermission to the Cutchol!:ue-New Suffolk Chamber of Commerce to use the followinl!: roads for its 3'd Annual St. Patrick's Day Parade in Cutchol!:ue on Saturday. March 18,2007 beginning at ~ PM: Cox's Lane, west on Main Road, to Cases's Lane, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley within ten (10) days of the approval ofthis resolution to coordinate traffic control. ./ Vote Record - Resolution RE8-2007-213 Y~~/~ye NO/N'ay Abstain Absent 1<1 Adopted Albert Krupski Jr. Seconder 1<1 0 0 0 0 Adopted as Amended William P. Edwards Initiator 1<1 0 0 0 0 Defeated Daniel C. Ross Voter 1<1 0 0 0 0 Tabled Thomas H. Wickham Voter 1<1 0 0 0 0 Withdrawn Louisa P. Evans Voter 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2007-214 CATEGORY: DEPARTMENT: Public Service Public Works Eagle Scout Project RESOLVED that the Town Board of the Town of South old hereby auuroyes and authorizes Dan Sawicki to conduct his Eal!:le Scout Proiect at the Laurel Lake Preserve. under the supervision of the Department of Public Works. .; Vote Record - Resolution RE8-2007-214 Yes/Aye NO{N'ay Abstain Absent 1<1 Adopted Alberl~rupski Jr. Voter 1<1 0 0 0 0 Adopted as Amended William P. Edwards Voter 1<1 0 0 0 0 Defeated Daniel C. Ross Initiator 1<1 0 0 0 0 Tabled Thomas H. Wickham Voter 1<1 0 0 0 0 Withdrawn Louisa P. Evans Seconder 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2007-215 CATEGORY: DEPARTMENT: Surplus Equipment Public Works Surplus Vehicle Page 8 February 27, 2007 Town of South old Board Meeting Minutes RESOLVED that the Town Board ofthe Town of Southold hereby declares the followine equipment to be surplus equipment: 1988 Dodge 3 yard Dump Truck Vin # IB6MD345XJS651997 Fleet # PW3 Be it further RESOLVED that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same in "as in" condition. -/ Vote Record - Resolution RES-2007-21S Yes/Aye NOlNay Abstain Absent 6'1 Adopted Al~~rt~IlIpskiJr. Voter 6'1 0 0 0 0 Adopted as Amended William P. Edwards Voter 6'1 0 0 0 0 Defeated Daniel C. Ross Voter 6'1 0 0 0 0 Tabled Thomas H. Wickham Seconder 6'1 0 0 0 0 Withdrawn Louisa P. Evans Initiator 6'1 0 0 0 Scott Russell Voter 6'1 0 0 0 2007-216 CATEGORY: DEPARTMENT: Property Acquisition Public Hearing Land Preservation N&J Management - Set Public Hearing RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board ofthe Town of South old hereby sets Tuesdav. March 13.2007. at 7:55 p.m.. Southold Town Hall. 53095 Main Road. Southold. New York as the time and place for a public hearine for the purchase of a development riehts easement on property owned bv N&J Manaeement Companv. 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 ofthe 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 16.5010 acres of the 17.5010 acre parcel. Page 9 February 27, 2007 Town of Southold Board Meeting Minutes 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 $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 ofthe above mentioned parcelofland is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. ./ Vote Record - Resolution RES.2007-216 Y~~~ye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Initiator Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Yoter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-217 CA TEGORY: DEPARTMENT: Advertise Police Dept Advertise for Traffic Control Officers for the 2007 Summer Season RESOLVED that the Town Board ofthe Town of Southold hereby authorizes and directs the Town Clerk to advertise for Traffic Control Officers for the 2007 summer season at the hourly wage of$14.14 per hour. Applications must be received by Monday, March 26, 2007. ./ Vote Record - Resolution RES-2007-217 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Initiator Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter ItJ 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter ItJ 0 0 0 Page 10 February 27, 2007 Town of Southold Board Meeting Minutes 2007-218 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Cutchogue Fire Department to Use the Following Roadsfor the Suffolk County Volunteer Firefighters Parade and Staging Areas In Cutchogue on Saturday, July 14, 2007 RESOLVED that the Town Board of the Town of Southold hereby l!rants permission to the Cutchol!ue Fire Department to use the followinl! roads for the Suffolk Countv Volunteer Firefil!hters Parade and stal!inl! areas in Cutchol!ue on Saturday. Julv 14. 2007 beginning at 5:00 PM: New Suffolk Lane, Harbor Lane, Cox Lane and Eugene's Road provided they file with the Town Clerk a One Million Dollar Certificate ofInsurance naming the Town of South old as an additional insured and notify Capt. Flatley immediately upon receipt of the approval of this resolution to coordinate traffic control. -/ Vote Record - Resolution RE8-2007-218 Yes/Aye NolNay Abstain Absent Ii! Adopted A',bert,J(rupski.Jr. Voter Ii! 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii! 0 0 0 0 Defeated Daniel C. Ross Seconder Ii! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii! 0 0 0 Scott Russell Voter Ii! 0 0 0 2007-219 CATEGORY: DEPARTMENT: Support Resolution Town Clerk The Conservation Easement Conveyed by the Helen Wickham to the Peconic Land Trust, Inc. is Consistent with the Town's Public Policy of Preserving Open Space and Scenic Vistas WHEREAS, Abigail A. Wickham, As Trustee under the Will of William Wickham for the benefit of Helen Wickham, (the Grantor) is the owner of 32 acres ofland located on Middle Road (CR 48) in the hamlet ofCutchogue in the Town of South old, Suffolk County, New York, identified as Suffolk County Tax Map Parcel Number (SCTM #:) 1000-101-1-8.1 and hereinafter referred to as the "Property"; and WHEREAS, the Property is located in the Agricultural Conservation District of the Town of Southold which designation, to the extent possible, is intended to prevent the unnecessary loss of Page 11 February 27, 2007 Town of Southold Board Meeting Minutes those currently open lands and those which contain prime agricultural soils as outlined in the Town of South old code, Section 100-30; and WHEREAS, the Grantor granted a Conservation Easement on the Property to Peconic Land Trust on May 15,2006 so that an 8-acre portion of the Property shall remain in its open, undeveloped state and be available for open space; and WHEREAS, the Property is immediately to the east of approximately 22 acres of agricultural land protected by a sale of development rights to the Town of Southold; and WHEREAS, the Property has a total of290 feet of road frontage on Middle Road (CR 48) which offers the public significant, scenic vistas from a public highway of the subject property; and WHEREAS, the Property is within the Special Groundwater Protection Area established by Suffolk County, is located near a central dome ofthe sole source aquifer for the North Fork, and its conservation is important for the protection of the sole source aquifer which is the primary source of drinking water to the Town of Southold; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adapted by the Town Board, Town of South old code, Section 272-a of the Town Law, to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and NOW, THEREFORE, BE IT RESOLVED, that the Town of South old finds that the Conservation Easement conveyed by the Grantor to the Peconic Land Trust. Inc. is consistent with the Town's public policy ofpreservine open space and scenic vistas and that said conveyance will yield a sienificant public benefit; and Page 12 February 27, 2007 Town of Southold Board Meeting Minutes BE IT FURTHER RESOLVED, that the Town Clerk will forward a copy of this resolution to Abigail A. Wickham, 13015 Main Road, PO Box 1424, Mattituck, NY 11952 and to the Peconic Land Trust, Inc. at P.O. Box 1776, Southampton, New York 11969. " Vott Record. Resolution RES.2007.219 Yes/Aye NofNay Abstain Absent IiJ Adopted J\lbertI<;r:tIp~ki Jr. Voter IiJ 0 0 0 0 Adopted as Amended William P. Edwards Voter IiJ 0 0 0 0 Defeated Daniel C. Ross Initiator IiJ 0 0 0 0 Tabled Thomas H. Wickham Voter 0 0 IiJ 0 0 Withdmwn Louisa P. Evans Seconder IiJ 0 0 0 Scott Russell Voter IiJ 0 0 0 2007-220 CATEGORY: DEPARTMENT: Budget Mod 2007 Highway Budget Modification Town Clerk RESOLVED that the Town Board of the Town of South old hereby modifies the 2007 Hiehwav Fund Part Town budeet as follows: From: DB.5142.4.100.935 To: DB.5142.4.100.525 DB.5142.4.100.975 Snow Removal Contractual Expense Supplies & Materials Rock Salt $ 4,468.52 Snow Removal Contractual Expense Supplies & Materials Snow Fence $ 1,594.52 Snow Removal Contractual Expense Supplies & Materials Plow Blades, Shoes, Wheels $ 2,874.00 ,/ Vote Record - Resolution REs..2007.220 Yes/Aye NolNay Abstain Absent IiJ Adopted Albert Krupski Jr. Seconder IiJ 0 0 0 0 Adopted as Amended William P. Edwards Voter IiJ 0 0 0 0 Defeated Daniel C. Ross Voter IiJ 0 0 0 0 Tabled Thomas H. Wickham Voter IiJ 0 0 0 0 Withdrawn Louisa P. Evans Initiator IiJ 0 0 0 Scott Russell Voter IiJ 0 0 0 Page 13 February 27, 2007 Town of Southold Board Meeting Minutes 2007-221 CATEGORY: DEPARTMENT: 2006 Highway Budget Mod Budget Modification Town Clerk RESOLVED that the Town Board ofthe Town of Southold hereby modifies the 2006 Hiehwav Fund Part Town budeet as follows: From: DB.5142.1.100.200 To: DB.5140.4.400.100 Snow Removal Personal Services Full Time Employees Overtime Earnings $ 49,290.00 Brush & Weeds/Miscellaneous Contractual Expense Contracted Services Cleanup Week Debris Disp $ 49,290.00 ./ Vote Record ~ Resolution RES-2007-221 Yes/Aye NolNay Abstain Absent I1J Adopted AI~ertKl1Ips~i Jr. Voter I1J 0 0 0 0 Adopted as Amended William P. Edwards Voter I1J 0 0 0 0 Defeated Daniel C. Ross Voter I1J 0 0 0 0 Tabled Thomas H. Wickham Initiator I1J 0 0 0 0 Withdrawn Louisa P. Evans Seconder I1J 0 0 0 Scott Russell Voter I1J 0 0 0 2007-222 CATEGORY: DEPARTMENT: Budget Modification Town Clerk Highway Dept. 2007 Budget Mod. RESOLVED that the Town Board of the Town of South old hereby modifies the 2007 Hiehwav Fund Part Town budeet as follows: From: DB.511 0.4.1 00.900 To: General Repairs Contractual Expense Supplies & Materials Resurfacing Projects $ 29,695.84 Page 14 February 27,2007 Town of Southold Board Meeting Minutes DB.5130.2.300.100 Machinery Equipment & Capital Outlay Motor Vehicles Light Duty Vehicles $ 29,695.84 ~ Vote Record - Resolution RES-2007-222 l'es/A:ye NolNay 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 2007-223 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Land Preservation USDA-NRCS Amendment No.3 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute Amendment No.3 to Contribution Ae:reement No. 73-2C31-5-836 between the USDA-Natural Resources Conservation Service and the Town of Southold in connection with an existing Cooperative Agreement between the United States of America Commodity Credit Corporation and the Town of Southold, dated June 22, 2005. The execution of this amendment will amend Attachment A of said Cooperative Agreement to remove the Deerkoski Farm as a pending offer and add the Macari Farm for the use of financial support available to the Town of Southold for the implementation of the Federal Farm and Ranch Lands Protection Program FY 2005, all in accordance with the approval of the Town Attorney. All other terms and conditions of the original agreement are to remain unchanged and in full force and effect. '" Vote Record - Resolution RES-2007-223 Yes/Aye No/Nay Abstain Absent iii Adopted Albert Krupski Jr. Voter iii 0 0 0 0 Adopted as Amended William P. Edwards Initiator iii 0 0 0 0 Defeated Daniel C. Ross Seconder iii 0 0 0 0 Tabled Thomas H. Wickham Voter iii 0 0 0 0 Withdrawn Louisa P. Evans Voter iii 0 0 Scott Russell Voter , iii [] 0 0 2007-224 CATEGORY: Legislation Page 15 February 27, 2007 Town of South old Board Meeting Minutes DEPARTMENT: Town Clerk Request the Enactment of Assembly Bill 1077 Entitled "An ACT to Amend the Tax Law, In Relation to the Enforcement of the Tax on Real Estate Transfers In Towns In the Peconic Bay Region and Authorizing Said Towns to Enter Into Cooperative Agreements with the Department of Taxation and Financefor the Enforcement of Said Tax". WHEREAS, as a bill has been introduced in the State Assembly as 1077 and WHEREAS, the bill will allow cooperation between the New York State Department of Taxation and Finance and the five towns in the Peconic Bay Region to enforce the provisions of the 2% transfer tax on real estate transactions and will provide a mechanism to allow the towns and State to be better able to collect the tax; now, therefore, be it RESOLVED, that pursuant to Article IX of the Constitution, the Town Board of the Town of Southold hereby requests the enactment of Assemblv Bill 1077 entitled "An ACT to amend the tax law. in relation to the enforcement of the tax on real estate transfers in towns in the Peconic Bav rel!ion and authorizinl! said towns to enter into cooperative al!reements with the department of taxation and finance for the enforcement ofsaid tax". ./ Vote Record - Resolution RES-2007-224 Yes/Aye NolNay Abstain Absent ., Adopted ;\I~~rt Krupski Jr. Voter ., 0 0 0 0 Adopted as Amended William P. Edwards Voter ., 0 0 0 0 Defeated Daniel C. Ross Initiator ., 0 0 0 0 Tabled Thomas H. Wickham Seconder ., 0 0 0 0 Withdrawn Louisa P. Evans Voter ., 0 0 0 Scott Russell Voter ., 0 0 0 2007-225 CATEGORY: DEPARTMENT: Legislation Town Clerk Request the Enactment of Assembly Bill 985 Entitled "AN ACT to Amend the Town Law, In Relation to Permitting Towns and Villages In the Peconic Bay Region to Assess Special Development Fees In Connection with the Issuance of Building Permits". WHEREAS, a bill has been introduced in the State Assembly as 985 and Page 16 February 27, 2007 Town of South old Board Meeting Minutes WHEREAS, the legislation would permit towns and villages within the Peconic Bay region to impose special development or impact fees on building permits for new construction or the substantial improvement of existing constriction for the purposed of: (a) community facilities, (b) traffic mitigation, and (c) school facilities; therefore be it RESOLVED, that pursuant to Article IX of the Constitution, the Town Board of the Town of Southold hereby requests the enactment of Assemblv Bill 985 entitled "AN ACT to amend the town law. in relation to permittinl! towns and villal!es in the Peconic Bav rel!ion to assess special development fees in connection with the issuance ofbuildinl! permits", ./ Vote Record - Resolution RES-2007-22S Yes/Aye N()/I'lJay Abstain Absent Ii!! Adopted Albert Krupski Jr. Voter Ii!! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii!! 0 0 0 0 Defeated Daniel C. Ross Voter Ii!! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii!! 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii!! 0 0 0 Scott Russell Voter Ii!! 0 0 0 2007-226 CATEGORY: DEPARTMENT: Budget Modification Data Processing Data Processing Budget Modification RESOLVED that the Town Board of the Town of South old hereby modifies the 2007 General Fund Whole Town budl!et as follows: From: A.1680.4.100.200 Data Processing, C.E. PC Parts and Supplies $ 2,500.00 To: A. 1680.2.400.450 Data Processing, Equipment Workstation/Server Periph $ 2,500.00 ./ Vote Record - Resolution RES-2007-226 Yes/Aye NolNay Abstain Absent Ii!! Adopted Albert Krupski Jr. Voter Ii!! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii!! 0 0 0 0 Defeated Daniel C. Ross Voter Ii!! 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii!! 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii!! 0 0 0 Scott Russell Voter Ii!! 0 0 0 Page 17 February 27, 2007 Town of Southold Board Meeting Minutes 2007-227 CA TEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement with the County of Suffolk for the 2007 STOP-DWI Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Suoervisor Scott A. Russell to execute an Ae:reement with the County of Suffolk for the 2007 STOP-DWI Proe:ram in an amount not to exceed $19,000.00, for the term January 1, 2007 through December 31,2007, all in accordance with the approval of the Town Attorney. -/ Vote Record - Resolution RES~2007-227 Yes/Aye No/Nay Abstain Absent iii Adopted i\lb~~}(:rupski 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 2007-228 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Recreation Hire Spring Instructors RESOLVED that the Town Board of the Town of South old authorizes and directs Suoervisor Scott A. Russell to execute an ae:reement with the followine: individuals for the sorine: 2007 recreation oroe:rams, all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the recreation department's 2007 instructor line A 7020.4.500.420. Constance Case (Quilting for Beginners)...... ....... ............ Patrick Kaelin (Basic Home Repair)... ......... ..... .......... ....... $25/hour $25/hour Page 18 February 27, 2007 Town of Southold Board Meeting Minutes .t' Vote Record - Resolution RES-2007~228 Yes/Aye No/Nay Abstain Absent Iil Adopted Albert .I(rupski Jr. Voter Iil 0 0 0 0 Adopted as Amended William P. Edwards Initiator Iil 0 0 0 0 Defeated Daniel C. Ross Seconder Iil 0 0 0 0 Tabled Thomas H. Wickham Voter Iil 0 0 0 0 Withdrawn Louisa P. Evans Voter Iil 0 0 0 Scon Russell Voter Iil 0 0 0 2007-229 CATEGORY: DEPARTMENT: Bid Acceptance Town Clerk Accept the Bid of Stevens Ford Lincoln Mercury, ofN Patchogue, New York,for the Purchase of One (1) 2007 Ford Expedition XLT EL 4X4, In the Amount of$29,695.84 RESOLVED that the Town Board of the Town of South old hereby accepts the bid of Stevens Ford Lincoln Mercurv. ofN. Patchol!:ue. New York. for the purchase of one (1) 2007 Ford Expedition XL T EL 4x4. in the amount of $29.695.84. for use by the Southold Town Highway Department and subject to the approval of the Town Attorney. ./ Vote Record - Resolution RES-2007-229 Yes/Aye NolNay Abstain Absent Iil Adopted Albert Krupski Jr. Voter Iil 0 0 0 0 Adopted as Amended William P. Edwards Voter Iil 0 0 0 0 Defeated Daniel C. Ross Initiator Iil 0 0 0 0 Tabled Thomas H. Wickham Seconder Iil 0 0 0 0 Withdrawn Louisa P. Evans Voter Iil 0 0 0 Scott Russell Voter Iil 0 0 0 2007-230 CATEGORY: DEPARTMENT: Bid Acceptance Town Clerk Accept the Bid of LaCorte Farm & Lawn Equipment of Calvert on, New York, for the Purchase of One (1) 2007 John Deere 5525 Tractor, with Enclosed Cab, Equipped with a Right-Side Arm Flail Mower, In the Amount 01$52,100.00 RESOLVED that the Town Board ofthe Town of Southold hereby accepts the bid of LaCorte Farm & Lawn Eauipment of Calverton. New York, for the purchase of one (1) 2007 John Deere 5525 Tractor. with enclosed cab. eauipped with a ril!:ht-side arm flail mower, in the amount of $52.100.00. for use by the Southold Town Highway Department and subject to the approval of the Town Attorney. Page 19 February 27, 2007 Town of Southold Board Meeting Minutes ./ Vote Record - Resolution RE5--2007-230 yes!i\ye N'olNllY Abstain Absent 1<1 Adopted Albert Krupski Jr. Voter 1<1 0 0 0 0 Adopted as Amended William P. Edwards Voter 1<1 0 0 0 0 Defeated Daniel C. Ross Voter 1<1 0 0 0 0 Tabled Thomas H. Wickham Seconder 1<1 0 0 0 0 Withdrawn Louisa P. Evans Initiator 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2007-231 CATEGORY: DEPARTMENT: Bond Town Clerk Tractor Bondfor Highway BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED FEBRUARY 27, 2007, AUTHORIZING THE ACQUISITION OF A TRACTOR-MOWER FOR USE BY THE TOWN HIGHWAY DEPARTMENT AT THE ESTIMATED MAXIMUM COST OF $60,000; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $60,000 TO FINANCE SUCH APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to acquire a tractor-mower for use by the Town Highway Department. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $60,000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of bonds of the Town in the principal amount of $60,000 to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Serial bonds of the Town in the principal amount of $60,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (referred to herein as the "Law"), to finance said appropriation. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the purpose for which said $60,000 serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 28. of the Law, is fifteen (15) years; however, the bonds authorized pursuant to this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall mature no later than five (5) years from the date of original issuance of said bonds or notes. Page 20 February 27, 2007 Town of Southold Board Meeting Minutes (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized, or for expenditures made on or prior to such date if a prior declaration of intent has been made. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 ofthe United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will not exceed five (5) years. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds may be contested only if: such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or such obligations are authorized in violation of the provisions of the constitution. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish a summary of this bond resolution, in substantially the form set forth in Exhibit A attached hereto and made a part hereof, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "THE SUFFOLK TIMES," a newspaper published in Southold, New York, having a general circulation in the Town and hereby designated the official newspaper of said Town for such publication. Page 21 February 27, 2007 Town of Southold Board Meeting Minutes ******** Exhibit A BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED FEBRUARY 27, 2007, AUTHORIZING THE ACQUISITION OF A TRACTOR-MOWER FOR USE BY THE TOWN HIGHWAY DEPARTMENT AT THE ESTIMATED MAXIMUM COST OF $60,000; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $60,000 TO FINANCE SUCH APPROPRIATION The object or purpose for which the bonds are authorized is to acquire a tractor-mower for use by the Town Highway Department. The period of usefulness is fifteen (15) years; however, the bonds authorized pursuant to this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall mature no later than five (5) years from the date of original issuance of said bonds or notes. The amount of obligations to be issued is $60,000. A complete copy of the Bond Resolution summarized above shall be available for public inspection during normal business hours at the office ofthe Town Clerk, Town Hall, 53095 Main Road, Southold, New York. The bond resolution is dated February 27, 2007. .;' Vote Record. Resolution RES-2007-231 y~~ ~Ye: NolNay Abstain Absent 6'1 Adopted Albert KrupskiJr. Voter 6'1 0 0 0 0 Adopted as Amended William P. Edwards Voter 6'1 0 0 0 0 Defeated Daniel C. Ross Voter 6'1 0 0 0 0 Tabled Thomas H. Wickham Initiator 6'1 0 0 0 0 Withdrawn Louisa P. Evans , Se~(lll~~~ 6'1 0 0 0 Scott Russell Voter 0 6'1 0 0 2007-232 CATEGORY: DEPARTMENT: Bond Town Clerk Drain Cleaner Bond BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED FEBRUARY 27, 2007, AUTHORIZING THE ACQUISITION OF AN AIR VACUUM DRAIN CLEANER, STATING Page 22 February 27, 2007 Town of South old Board Meeting Minutes THE ESTIMATED MAXIMUM COST THEREOF IS $278,000, APPROPRIATING SAID AMOUNT THEREFOR, INCLUDING THE EXPENDITURE OF GRANT FUNDS EXPECTED TO BE RECEIVED TO PAY A PART OF SAID APPROPRIATION; AND AUTHORIZING THE ISSUANCE OF $278,000 BONDS TO FINANCE THE BALANCE OF SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to acquire an air vacuum drain cleaner for use by the Town Highway Department. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $278,000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $278,000 serial bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Any funds received from the United States of America, the State of New York and/or any other source are authorized to be applied towards the cost of said object or purpose or redemption of the Town's bonds or notes issued therefor, or to be budgeted as an offset to the taxes for the payment of the principal of and interest on said bonds or notes. Section 2. Serial bonds of the Town in the principal amount of $278,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the purpose for which said serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 28 of the Law, is fifteen (15) years; however, the bonds authorized pursuant to this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds, shall mature no later than five (5) years from the date of original issuance of said bonds or notes. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized, or for such expenditures made on or before such effective date if the Town Board has made a prior declaration of intent to issue indebtedness therefor. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will not exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in Page 23 February 27, 2007 Town of Southold Board Meeting Minutes anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to executing credit enhancement agreements, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish the foregoing resolution, in summary, in substantially the form set forth in Exhibit "A" attached hereto and made a part hereof, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in the "THE SUFFOLK TIMES," a newspaper having a general circulation in the Town and hereby designated the official newspaper of said Town for such publication. ., Vote Record - Resolution RES-2007-232 yes/Aye l'l()ll'Jay Abstain Absent Ii!I Adopted Al~ertI<.flIps~i Jr. Initiator Ii!I 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii!I 0 0 0 0 Defeated Daniel C. Ross Voter Ii!I 0 0 0 0 Tabled Thomas H. Wickham Voter Ii!I 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii!I 0 0 0 Scott Russell Voter Ii!I 0 0 0 Page 24 February 27, 2007 Town of Southold Board Meeting Minutes 2007-233 CATEGORY: DEPARTMENT: Seqra Town Attorney Authorizes Supervisor Scott A. Russell to Retain L.K. McLean Associates, P.c. to Complete a SEQR Review In Connection with the Local Law Entitled "A Local Law In Relation to Stormwater, Grading & Drainage Control" RESOLVED that the Town Board of the Town of South old hereby authorizes Supervisor Scott A. Russell to retain L.K. McLean Associates, P.e. to complete a SEOR review in connection with the Local Law entitled "A Local Law in relation to Stormwater, Gradine & Drainaee Control", pursuant to their Proposal dated February 26,2007, at a cost not to exceed $375.00, subject to the approval of the Town Attorney. .t' Vote Record - Resolution RE8-2007-233 Yes/i\Y~ l'lolNay Abstain Absent Ii'! Adopted A1~l;rt I(~pski Jr~ Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans "Voter Ii'! 0 0 0 Scott Russell . Voter Ii'! 0 0 0 2007-234 CATEGORY: DEPARTMENT: Seqra Town Attorney SEQRA Drainage Code LL RESOLVED that the Town Board of the Town of South old hereby finds that the proposed "A Local Law in relation to Stormwater. Gradine: & Drainaee Control" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of South old hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation ofL.K. McLean Associates, P.C. dated February 26, 2007 and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith. Page 25 February 27, 2007 Town of Southold Board Meeting Minutes ./ Vote Record - Resolution RE8-2007-234 Yes/Aye ~olNay 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 Initiator 0 0 0 0 0 Tabled Thomas H. Wickham Seconder ItI 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 0 Scott Russell Voter 0 0 0 0 2007-235 CATEGORY: DEPARTMENT: Bid Acceptance Town Clerk Accept Bids for Used Highway Equipment RESOLVED that the Town Board of the Town of Southold hereby accepts the followinl! bids for Miscellaneous Surplus Used Hil!hwav Equipment: HWY REAL ASSET # # SALE PG2 BIDDER NAME PAGE 1 AWARD CODE 2 93 $1,111.00 0 FRANK LOCROTONDO 5 94 $1,150.00 Q D & D USED TRUCKS 15 97 $1,026.00 M DONALD GRIM 34 174 $1,378.13 D B.P. WRECKERS 63 194 $151.00 Q D & D USED TRUCKS 103 75 $1,222.00 N INTERNATIONAL TRANSPORTATION 106 76 $2,100.21 G MICHAEL MUJSCE INC. 115 154 $1,850.50 G MICHAEL MUJSCE INC. 132 127 $1,111.00 N INTERNATIONAL TRANSPORTATION 133 163 $1,850.01 G MICHAEL MUJSCE INC. 143 102 $573.13 D B.P. WRECKERS 155 $1,253.00 Q D & D USED TRUCKS 156 757 $327.00 C THOMAS WOW AK 164 1317 $1,111.00 N INTERNATIONAL TRANSPORTATION 165 1318 $888.00 N INTERNATIONAL TRANSPORTATION 166 1319 $1,111.00 N INTERNATIONAL TRANSPORTATION 169 1346 $556.00 N INTERNATIONAL TRANSPORTATION 170 1343 $444.00 N INTERNATIONAL TRANSPORTATION 171 1345 $527.77 B BERNARD HEINISCH 175 1699 $999.00 N INTERNATIONAL TRANSPORTATION 178 1718 $1,111.00 N INTERNATIONAL TRANSPORTATION 179 1719 $1,111.00 N INTERNATIONAL TRANSPORTATION 180 1730 $351.00 H BRIAN KING 184 $655.00 N INTERNATIONAL TRANSPORTATION Page 26 February 27, 2007 Town of Southold Board Meeting Minutes 192 196 199 201 2048 2050 2109 2098 $988.00 N $888.00 N $503.00 Q $366.00 N lNTERNATIONAL TRANSPORTATION lNTERNATIONAL TRANSPORTATION D & D USED TRUCKS lNTERNATIONAL TRANSPORTATION $26,712.75 .r Vote Record. Resolution RES-2007.235 Yes/Aye No/Nay Abstain Absent 6'1 Adopted Albert Krupski Jr. Voter 6'1 0 0 0 0 Adopted as Amended William P. Edwards Voter 6'1 0 0 0 0 Defeated Daniel C. Ross ; Seconder 6'1 0 0 0 0 Tabled Thomas H. Wickham . Voter 0 0 6'1 0 0 Withdrawn Louisa P. Evans ~..jniiiator 6'1 0 0 0 Scott Russell Voter 6'1 0 0 0 2007-236 CATEGORY: DEPARTMENT: Budget Modification Town Clerk 2007 Highway Fund Part Town Budget Modification RESOLVED that the Town Board of the Town of South old hereby modifies the 2007 Hil!hwav Fund Part Town budl!et as follows: ./ Vote Record - Resolution RES-2007-236 From: DB.511 0.4.1 00.920 To: DB.5142.4.100.920 iii Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn 2007-237 CATEGORY: General Repairs Contractual Expense Supplies & Materials Sand $ 1,043.80 Snow Removal Contractual Expense Supplies & Materials Sand $ 1,043.80 Al~er1:KrupskiJr. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Voter Voter Voter Initiator Seconder Voter Yes/Aye 6'1 6'1 6'1 6'1 6'1 6'1 NolNay o o o o o o Abstain o o o o o o Absent o o o o o o Budget Modification Page 27 February 27, 2007 Town of Southold Board Meeting Minutes DEPARTMENT: Town Clerk Budget Modification 2006 General Fund Whole Town DPW RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2006 budl!:et as follows: To: Appropriations A.1490.1.l00.100 A.149004.l 00.1 00 A.1620.4.100.200 A.162004.200.100 A.1620.4.200.200 A. 162004.2000400 A.162004o400.600 A. 1620040400. 700 A.162004.600.100 A.1620.4.600.200 A.331 004.1 00.995 A.3310.4.200.200 A.331004o400.600 A.565004.l 00.1 00 A.8660.1.l 00.1 00 A.8660.1.100.300 A.866004.600.300 Public Works Admin., P.S. F - T Regular Earnings Public Works Admin., C.E Office Supplies/Stationary Buildings & Grounds, C.E. Gasoline & Oil Buildings & Grounds, C.E. Telephone Buildings & Grounds, C.E. Light & Power Buildings & Grounds, C.E. Water Buildings & Grounds, C.E. Equipment MaintlRepair Buildings & Grounds, C.E. Building Rentals Buildings & Grounds, C.E. Property Taxes Buildings & Grounds, C.E. Refuse Disposal Traffic Control, C.E. Signs & Sign Parts Traffic Control, C.E. Light & Power Traffic Control, C.E. Signal Maintenance & Repair 245.00 36.00 6,185.00 6,307.00 2,036.00 101.00 2,589.00 4,366.00 1,882.00 12,171.00 703.00 1,153.00 7,805.00 Off Street Parking, C.E. Miscellaneous Supplies Community Development, P.S. Regular Earnings Community Development, P.S. Vacation Earnings Community Development 79.00 1,482.00 2,162.00 Page 28 February 27, 2007 Town of Southold Board Meeting Minutes Travel Reimbursement 133.00 From: Appropriations A.1490.1.1 00.200 Public Works Admin., P.S. Overtime Earnings 3,000.00 A.1490.1.100.300 Public Works Admin., P.S. Vacation Earnings 31,120.44 A.1620.1.1 00.200 Buildings & Grounds, P.S. Overtime Earnings 231.88 A. 1620.1.200.1 00 Buildings & Grounds, P.S. P- T Regular Earnings 530.46 A.1620.2.500.400 Buildings & Grounds Equip. Park Improvements 85.53 A.1620.4.1 00.1 00 Buildings & Grounds, C.E. Miscellaneous Supplies 1,204.62 A.1620.4.100.250 Buildings & Grounds, C.E. Heating Fuel 892.96 A.1620.4.100.500 Buildings & Grounds, C.E. Motor Vehicle Parts/Supplies 740.03 A. 1620.4. I 00.550 Buildings & Grounds, C.E. Equipment Parts/Supplies 117.97 A.1620.4.100.650 Buildings & Grounds, C.E. Vehicle Maint & Repairs 232.95 A.1620.4.200.300 Buildings & Grounds, C.E. Gas 763.58 A.331 0.4.1 00.400 Traffic Control, C.E. Small Tools, Implements 150.00 A.5182.4.100.200 Street Lighting, C.E. Gasoline & Oil 240.24 A.5182.4.200.250 Street Lighting, C.E. Street Lighting Power 85.15 A.5182.4.400.700 Street Lighting, C.E. Pole Rental 101.90 A.5650.4.100.905 Off Street Parking, C.E. Asphalt 2,548.32 A.5650.4.400.700 Off Street Parking, C.E. Property Leases 3,794.40 A.8660.1.100.200 Community Development, P.S. Overtime Earnings 2,594.81 A.8660.4.1 00.1 00 Community Development, C.E. Office Supplies/Stationary 106.04 A.8660.4.100.600 Community Development, C.E. Page 29 February 27, 2007 Town of Southold Board Meeting Minutes Supplies & Materials A.8660.4.200.100 Community Development, C.E. Cellular Telephone Service A.8660.4.400.800 Community Development, C.E. Film & Film Developing 456.82 336.90 100.00 <I' Vote Record. Resolution RES.2007-237 Yes/Aye No~ay Abstain Absent 1<1 Adopted AI~c:JtJ(l"1lpski Jr. Initiator 1<1 0 0 0 0 Adopted as Amended William P. Edwards Voter 1<1 0 0 0 0 Defeated Daniel C. Ross Voter 1<1 0 0 0 0 Tabled Thomas H. Wickham Seconder 1<1 0 0 0 0 Withdrawn Louisa P. Evans Voter 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2007-238 CATEGORY: DEPARTMENT: Grants Land Preservation USDA-NRCS Amendment to Contract Re: Macari RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute Amendment No. I to Contribution Al!:reement No. 73-2C31-5-846 between the USDA-Natural Resources Conservation Service (NRCS) and the Town of Webster in connection with an existing Cooperative Agreement. The execution of this amendment will amend Attachment A of said Cooperative Agreement to add the Town of Southold as a new grantee, moving $318,000 in grant funds awarded to the Town of Webster and apply them to the Town of Southold for the pending Macari Farm project, all in accordance with the Town Attorney. With the signing of this amendment, the Town of Webster will be removed from all responsibilities under this Cooperative Agreement. All other terms and conditions of the original agreement are to remain unchanged and in full force and effect. ./ Vote Record. Resolution RES-2007-238 Yes/Aye l'IolNay Abstain Absent 1<1 Adopted Albert Krupski Jr. Seconder 1<1 0 0 0 0 Adopted as Amended William P. Edwards Initiator 1<1 0 0 0 0 Defeated Daniel C. Ross Voter 1<1 0 0 0 0 Tabled Thomas H. Wickham Voter 1<1 0 0 0 0 Withdrawn Louisa P. Evans Voter 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2007-239 CATEGORY: Employment - FIFD Page 30 February 27,2007 Town of South old Board Meeting Minutes DEPARTMENT: Accounting Salary Increase FI Ferry District Marine Mechanic, John Paradise RESOLVED that the Town Board of the Town of Southold hereby increases the salary of Fishers Island Ferry District Marine Mechanic, John Paradise bv 5%, effective March I, 2007. ./ Vote Record - Resolution RES-20D7-239 Yes/Aye NolNay Abstain Absent Ii!I Adopted Albert Krupski Jr. Voter Ii!I 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii!I 0 0 0 0 Defeated Daniel C. Ross Voter Ii!I 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii!I 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii!I 0 0 0 Scott Russell Voter , Ii!I 0 0 0 2007-240 CATEGORY: DEPARTMENT: Employment - FIFD Accounting Salary Increase FIFD Manager Thomas Doherty RESOLVED that the Town Board ofthe Town of South old hereby increases the salary of Thomas Doherty, Manae:er of the Fishers Island Ferry District, effective March 1,2007, at a rate of 5% per annum. ./ Vote Record - Resolution RES-2007-240 Ye~AY~ l'JofNay Abstain Absent Ii!I Adopted Albert, ~rupski H. Voter Ii!I 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii!I 0 0 0 0 Defeated Daniel C. Ross Seconder Ii!I 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii!I 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii!I 0 0 0 Scott Russell Voter Ii!I 0 0 0 2007-241 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification -- Town Board RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 General Fund Whole Town bude:et as follows: Page 31 February 27, 2007 Town of South old Board Meeting Minutes To: A. 1010.4.500.300 Town Board, C.E. Environmental Consultant $11,050.00 From: A.9015.8.000.000 NYS Retirement Police & Fire Retirement $11,050.00 ./ Vote Record. Resolution RES-2007-241 Yf:s/~ye 1'l()J1\Iay 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 Withdmwn Louisa P. Evans Voter iii 0 0 0 Scott Russell Voter iii 0 0 0 2007-242 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Clerk Set a PH for a Local Law In Relation to Amendments to the Merger Law for 3/27/07 At 4:45 PM WHEREAS, there has been presented to the Town Board ofthe Town of Southold, Suffolk County, New York, on the 27th day of February, 2007, a Local Law entitled "A Local Law in relation to Amendments to the Mereer Law" 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 27th day of March, 2007 at 4:45 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 Mereer Law" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to Amendments to the Mereer Law". BE IT ENACTED by the Town Board of the Town of South old as follows: Page 32 February 27,2007 Town of Southold Board Meeting Minutes I. Purpose - The Town Board has received substantial public comment to the effect that the Town of Southold merger law, as currently constituted, unfairly subjects surviving spouses and other joint owners of property to the loss of the single and separate status oftheir adjoining properties merely by the death of one such joint owner. Insamuch as the Town Board believes this result is unjust and not the intended consequence of the merger law, it believes it necessary to provide for a limited exception to the merger of such properties. II. follows: Chapter 280 of the Town Code of the Town of South old is hereby amended as ~ 280-10.1'~.~. A. 1lI111. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July I, 1983. An adjacent lot is one which abuts with the parcel for a common course of 50 feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements. B. Definitions. "Common ownership" shall mean that the parcel is held by the same person in the same percentage of ownership as an adjoining parcel. C. Exceptions. Lots which are recognized under 9 280-9 and meet any of the following categories shall be exempt from the ;~I provision set forth above and shall not be deemed merged by operation of this chapter: (I) The nonconforming lot has a minimum size of 40,000 square feet, or (2) The nonconforming lot obtained a lot size variance from the Zoning Board, or (3) If the lot is not on the maps described in former 9100-12, Editor's Note: Former 9100- 12, Exceptions, was repealed 11-28-1995 by 1.L. No. 23-1995, effective January 1, 1996. the nonconforming lot has been held in single and separate ownership from July 1, 1983 to date, or (4) If the lot is on the maps described in former 9 100-12, the nonconforming lot has been held in single and separate ownership from January 1, 1997, to date, [Amended 3-4- 1997 by L.L. No. 4-1997) or~ (5) Each lot is currently developed with a one-family dwelling with a minimum 850 square feet which falls within the existing lot lines and which has a certificate of occupancy or would qualify for one, [Added 3-4-1997 by L.L. No. 4-1997) or~ @ The lots would be considered merged merelv bv operation onaw as a result of the death of a co-owner of one or more of the adioining lots. the lots are greater than 20.000 square feet. and the lots remain in the ownership of the surviving co-owner. Page 33 February 27,2007 Town of South old Board Meeting Minutes III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided bylaw. .,. Vote Record - Resolution RES-2007-242 Yes/Aye /"IJ()/rIJay Abstain Absent It! Adopted AI~~rt~rupski}r. Voter It! 0 0 0 0 Adopted as Amended William P. Edwards Voter It! 0 0 0 0 Defeated Daniel C. Ross Seconder It! 0 0 0 0 Tabled Thomas H. Wickham Initiator It! 0 0 0 0 Withdrawn Louisa P. Evans Voter It! 0 0 0 Scott Russell Voter It! 0 0 0 2007-243 CATEGORY: DEPARTMENT: Legislation Town Attorney Authorizes and Directs the Town Clerk to Transmit the Proposed Local Law Entitled "A Local Law In Relation to Amendments to Merger Law" to the Southold Town Planning Board and the Suffolk County Department of Planning for Their Recommendations and Reports. RESOLVED that the Town Board ofthe Town of South old hereby authorizes and directs the Town Clerk to transmit the orooosed Local Law entitled "A Local Law in relation to Amendments to Mereer Law" to the Southold Town Plannine Board and the Suffolk County Deoartment of Plannine for their recommendations and reoorts. ./ Vote Record - Resolution RES.2007-243 Yes/Aye NolNJiY Abstain Absent It! Adopted Albert Krupski Jr. Seconder It! 0 0 0 0 Adopted as Amended William P. Edwards Voter It! 0 0 0 0 Defeated Daniel C. Ross Initiator It! 0 0 0 0 Tabled Thomas H. Wickham Voter It! 0 0 0 0 Withdrawn Louisa P. Evans Voter It! 0 0 0 Scott Russell Voter It! 0 0 0 2007-244 Page 34 February 27, 2007 Town of Southold Board Meeting Minutes CATEGORY: DEPARTMENT: Local Law Public Hearing Town Clerk Set PH LL Buildable Lot Coverage 3/27/07 At 4:50 PM WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 27th day of February, 2007 a Local Law entitled "A Local Law in relation to Amendments to the Calculation of Lot Coveral!:e of Buildable Land" now, therefore, be it RESOLVED that the Town Board of the Town of South old will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 27th day of March, 2007 at 4:50 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to the Calculation of Lot Coveral!:e of Buildable Land" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to the Calculation of Lot Coveral!:e of Buildable Land". BE IT ENACTED by the Town Board of the Town of Southold as follows: V. Purpose -In order to provide for the health, safety and welfare for the citizens of the Town of South old, the Town Board finds it expedient to amend the Town Code so that the calculation of permissible lot coverage on an individual parcel shall first exclude lands that have been deemed unbuildable by our local laws from an environmental perspective. VI. Chapter 280 ofthe Code of the Town of South old is hereby amended as follows: S 280-4. Definitions. LOT COVERAGE - That percentage of the buildable lands existing on a lot area which is covered by the building area. Page 35 February 27,2007 Town of Southold Board Meeting Minutes BUILDABLE LANDS - The area of a lot or parcel. not including the square footage of tidal and freshwater wetlands, land seaward ofthe coastal erosion hazard area line. beaches, bluffs, primary dunes, secondary dunes, or underwater lands. The terms "wetlands." beaches," "bluffs." and "underwater lands" shall have the meanings set forth in Chapter 275, Wetlands and Shoreline, of the Town Code. The terms "coastal erosion hazard area line," "primary dunes" and "secondary dunes" shall have the meanings set forth in ChapteJ 111, Coastal Erosion Hazard Area, ofthe Town Code. BUILD,^.BLE L\1'!D The net area of a lot or pareel after aealleting wetlaflas, streams, pellas, slopes ever 15%, IlIlSerY/aler laml, easemeats or other restrietiolls preventillg Ilse of sllehland fer eeBstruetion of Bllilaings or aevelopmeat. VII. 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 take effect immediately upon filing with the Secretary of State as provided bylaw. '" Vote Record - Resolution RES-2007-244 Yes/Aye NolNay Abstain Absent iii Adopted AI~ert KrupskiJr. Voter iii 0 0 0 0 Adopted as Amended William P. Edwards '.initiator iii 0 0 0 0 Defeated Daniel C. Ross Voter iii 0 0 0 0 Tabled Thomas H. Wickham Seconder iii 0 0 0 0 Withdrawn Louisa P. Evans 'Voter iii 0 0 0 Scott Russell Voter iii 0 0 0 2007-245 CATEGORY: DEPARTMENT: Planning Town Clerk Direct the Town Clerk to Forward the Change of Zone Application of Mims Holding, LLC to the Southold Town Planning Board and Suffolk County Planning Commission for Comments and Recommendations RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to forward the chan\!:e ofzone application of Mims Holdin\!:, LLC to the Page 36 February 27, 2007 Town of Southold Board Meeting Minutes Southold Town Planninl!: Board and Suffolk County Planninl!: Commission for comments and recommendations. .t' Vote Record - Resolution RES-2007-245 Yes/Aye NofNay Abstain Absent Ii'I Adopted AI~ert~rupski Jr. Seconder Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'I 0 0 0 0 Defeated Daniel C. Ross Initiator Ii'I 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'I 0 0 0 Scott Russell Voter Ii'I 0 0 0 2007-246 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk LWRP Coordinating Council Appointments RESOL YED that the Town Board of the Town of Southold hereby appoints the L WRP Coordinatinl!: Council. pursuant to Section 268-4B of the Southold Town Code as follows: John Sepenoski, Chairman Scott Russell, Supervisory Thomas Wickham, Town Board Albert Krupski, Town Board Jerilyn Woodhouse, Planning Board Chairperson Ruth Oliva, Zoning Board of Appeals James King, President of the Board of Trustees Peg Dickerson, Trustee Heather Cusack, Environmental Technician Mark Terry, Acting Planning Director James Richter, Engineering Inspector James McMahon, Director of Public Works Peter Harris, Superintendent of Highways Captain Martin Flatley, Police Department Jack McGreevy, Conservation Advisory Council .,/ Vote Record - Resolution RES-2007-246 Y~s/~Y~ !'IlCJll'Iay Abstain Absent Ii'I Adopted Albert Krupski Jr. Seconder Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'I 0 0 0 0 Defeated Daniel C. Ross Voter Ii'I 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'I 0 0 0 Scott Russell Voter Ii'I 0 0 0 Page 37 February 27, 2007 Town of Southold Board Meeting Minutes 2007-247 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Appointment to Board of Ethics RESOLVED that the Town Board of the Town of Southold hereby appoints Robert R. Mel!uin as a member ofthe South old Town Board of Ethics to fill a vacancy created by a resignation from this board, for a term of office to expire on March 31, 20 I 2 effective immediately, to serve in this position without compensation. ./ Vote Record - Resolution RES-2007-247 Yes/Aye NolNay Abstain Absent Ii'I Adopted Albert Krupski Jr. Voter Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'I 0 0 0 0 Defeated Daniel C. Ross Initiator Ii'I 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'I 0 0 0 Scott Russell Voter Ii'I 0 0 0 2007-248 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Appointment to Land Preservation Committee RESOLVED that the Town Board of the Town of Southold hereby appoints Monica Harbes as a member of the South old Town Land Preservation Committee to fill a vacancy on this committee, for a term of office to expire on March 3 I, 2008, effective immediately, to serve in this position without compensation. ./ Vote Record - Resolution RES~2007-248 Y~s/Aye NolNay Abstain Absent Ii'I Adopted AJ~ert.K:rupskiJ~. Voter Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'I 0 0 0 0 Defeated Daniel C. Ross Voter Ii'I 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii'I 0 0 0 Scott Russell Voter Ii'I 0 0 0 2007-249 CATEGORY: DEPARTMENT: Planning Town Clerk Transmit Buildable Lot LL to SC & ST Planning Page 38 February 27, 2007 Town of South old Board Meeting Minutes RESOLVED that the Town Board of the Town of South old hereby authorizes and directs the Town Clerk to forward the DroDosed Local Law in relation to lot coveral!:e of buildable area. to the South old Town Planninl!: Board and the Suffolk County Planninl!: Commission for comments and recommendations. -/ Vote Record - Resolution RES-2007-249 Yes/Aye NolNay Abstain Absent 0 Adopted Albert Krups~iJr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Initiator 0 0 0 0 0 Tabled Thomas H. Wickham Seconder 0 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 0 Scott Russell - Voter 0 0 0 0 2007-250 CATEGORY: DEPARTMENT: Bond Town Clerk Excavator Bond BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED FEBRUARY 27, 2007, AUTHORIZING THE ACQUISITION OF AN EXCAVATOR FOR USE BY THE TOWN HIGHWAY DEPARTMENT AT THE ESTIMATED MAXIMUM COST OF $100,000; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $100,000 TO FINANCE SUCH APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to acquire an excavator for use by the Town Highway Department. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $100,000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of bonds of the Town in the principal amount of $100,000 to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Serial bonds of the Town in the principal amount of $100,000 are hereby authorized to be issued pursuant to the provisions ofthe Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (referred to herein as the "Law"), to finance said appropriation. Page 39 February 27, 2007 Town of South old Board Meeting Minutes The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the purpose for which said $100,000 serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 28. of the Law, is fifteen (15) years; however, the bonds authorized pursuant to this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall mature no later than five (5) years from the date of original issuance of said bonds or notes. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized, or for expenditures made on or prior to such date if a prior declaration of intent has been made. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will not exceed five (5) years. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds may be contested only if: such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or such obligations are authorized in violation of the provisions ofthe constitution. Page 40 February 27, 2007 Town of SouthoId Board Meeting Minutes This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish a summary of this bond resolution, in substantially the form set forth in Exhibit "A" attached hereto and made a part hereof, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "THE SUFFOLK TIMES," a newspaper published in Southold, New York, having a general circulation in the Town and hereby designated the official newspaper of said Town for such publication. Exhibit "A" BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED FEBRUARY 27,2007, AUTHORIZING THE ACQUISITION OF AN EXCAVATOR FOR USE BY THE TOWN HIGHWAY DEPARTMENT AT THE ESTIMATED MAXIMUM COST OF $100,000; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $100,000 TO FINANCE SUCH APPROPRIATION. The object or purpose for which the bonds are authorized is to acquire an excavator for use by the Highway Department. The period of usefulness is fifteen (15) years; however, the bonds authorized pursuant to this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall mature no later than five (5) years from the date of original issuance of said bonds or notes. The amount of obligations to be issued is $100,000. A complete copy of the Bond Resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, Town Hall, 53095 Main Road, Southold, New York. The bond resolution was adopted on July 13, 2006. ./ Vote Record - Resolution RES-2007-2S0 Yes/-,,:ye I\lo/Nsy Abstain Absent Ii'! Adopted A1~ert I<l1ipski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 48. Statement COUNCILMAN KRUPSKI: Will we wait on moving on the drainage code? We got a lot of good comments tonight. You know, we try to model this after what we did when we re-tooled the old wetland code chapter 97 to make it into a workable code that would provide for mitigation of runoff onto neighbors properties as well as runoff into the wetlands and it sort of, Page 41 February 27, 2007 Town of South old Board Meeting Minutes as a lot of people said, made it simpler in that it would be effective and I think we accomplished that and I sort of want to aim for the same goals for this drainage code, to make it simple. We got a lot of good comments tonight and I think it would be better if we went through them all. . . SUPERVISOR RUSSELL: Very good. COUNCILMAN KRUPSKI: Make sure it is worded properly so that we don't put an undue hardship on people on the other hand. Protect everybody from any activity that we have seen can become a problem. SUPERVISOR RUSSELL: Thanks. 2007-251 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk A Local Law In Relation to Stormwater, Grading and Drainage Control WHEREAS, there had been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 30th day of January, 2007 a Local Law entitled "A Local Law in relation to Stormwater. Gradine and Drainaee Control" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, therefore be it RESOLVED that the Town Board of the Town of South old hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Stormwater. Gradine and Drainaee Control" which reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to Stormwater. Gradine and Drainaee Control". BE IT ENACTED by the Town Board of the Town of South old as follows: I. A new Chapter 236 of the Code ofthe Town of Southold is hereby adopted as follows: ~ 236-1. Title. This local law shall be known as the "Stormwater, Grading and Drainage Control law", Page 42 February 27, 2007 Town of Southold Board Meeting Minutes ~ 236-2. Statutory Authorization. This local law is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through land use regulations intended to control flooding, erosion or sedimentation within the entire Town. The variance provision of this local law shall supersede any inconsistent portions of the Town Law Section 267-a and govern the subject of variances in this local law. ~ 236-3. Purpose. It is the purpose of this local law to promote and protect, to the greatest extent practicable, the public health, safety and general welfare by: (a) Minimizing soil erosion, sedimentation and stormwater runoff; (b) Controlling, restricting or prohibiting activities which alter natural drainage systems, floodplains, stream channels and natural protective features, including wetlands, which contribute to the accommodation of flood waters and retention of sediment; ( c) Controlling, restricting or prohibiting land use activities which increase nonpoint source pollution due to stormwater runoff, and/or which result in discharge onto public lands, neighboring properties or natural protective features; and (d) Assuring that land and water uses in the Town are designed and/or conducted using best management practices to control flooding, stormwater runoff and discharge onto public lands, neighboring properties or natural protective features. (e) Promoting the recharge of stormwater into the fresh water aquifer to protect the drinking water supply and minimize salt water intrusion. ~ 236-4. Definitions. As used in this chapter, the following terms shall have the meanings indicated: AGRICULTURE - The production, keeping or maintenance, for sale, lease or personal use, of all plants and animals useful to man, including but not limited to, forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats or any mutation of hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; fruits of all kinds, including grapes, nuts and berries, vegetables; floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program. BEST MANAGEMENT PRACTICE - Procedures and methods pertaining to construction activities which are intended to prevent stormwater runoff, retain valuable topsoil and minimize water pollution. BUILDING INSPECTOR - The persons(s) appointed by the Town Board to enforce the provisions of Southold Code Chapter 280 and this chapter. Page 43 February 27, 2007 Town of Southold Board Meeting Minutes CLEAN FILL - Naturally deposited earthen material from an approved upland borrow source. CONSTRUCTION - The siting, building, erection, extension, or material alteration of any structure the use of which requires permanent or temporary location on the ground, as well as the installation of any hardened surfaces at or below grade. DEVELOPMENT - Any man-made change to improved or unimproved real property including but not limited to any construction activities, the construction of buildings or other structures, creating access to and circulation within the site, clearing of vegetation, grading, providing utilities and other services, parking facilities, drainage systems, methods of sewage disposal and other services, and creating landforms. Development also includes significant alteration of natural resources in preparation for development, such as the dredging or filling of wetlands, ponds or other natural drainage areas. DISCHARGE - to emit, expel, pour, direct or otherwise cause the flow of liquid in a manner other than the natural course of that liquid which existed prior to the disturbance ofthe natural state of the land upon which it flowed, ifany. DRAINAGE SYSTEMS - Includes gutters, swales, pipes, conduits and superstructures (e.g., drywells, sumps, berms, etc.) for the collection and conduction of stormwater to an adequate facility for its storage and disposal. EROSION - The wearing away ofland as a result of the action of natural forces or man- related activities. EROSION, SEDIMENTATION AND STORMWATER RUNOFF CONTROL PLAN - A drawing showing the proposed use of the site and the methods, techniques and improvements, both during and after construction, that will be employed to control erosion, sedimentation and stormwater runoff, which shall employ best management practices. Where the nature of the existing conditions and proposed activities warrant, the Building Inspector may require that such plan be prepared by a registered design professional licensed in the State of New York. EXCA V A TION - The removal, addition, or alteration of soil, sand, or vegetation by digging, dredging, drilling, cutting, scooping, or hollowing out. FILLING - The deposition of natural or artificial material so as to modify the surface or subsurface conditions of upland or underwater land. GRADING - The excavation, filling or alteration of the surface or subsurface conditions of land, lakes, ponds, or watercourses. Page 44 February 27, 2007 Town of Southold Board Meeting Minutes ILLICIT DISCHARGES - Illicit Discharges shall include but not be limited to discharge of solid waste; human and animal waste; antifreeze, oil, gasoline, grease and all other automotive products; flammable or explosive materials; metals in excess of naturally occurring amounts, whether in liquid or solid form; chemicals not normally found in uncontaminated water; solvents and degreasers; painting products; drain cleaners; commercial and household cleaning materials; pesticides; herbicides; fertilizers; acids; alkalis; ink; steam-cleaning waste; laundry waste; soap; detergent ammonia; chlorine; chlorinated swimming pool or hot tub water; domestic or sanitary sewage; roof structure runoff; animal carcasses; food and food waste; yard waste; dirt; sand; and gravel. IMPERVIOUS SURF ACE - Any surface exposed to stormwater from which water runs off and cannot pass through, including but not limited to, structures, paving, paving blocks, bedding material, packed earth, treated surfaces, roof structures, patios, decking, stoops, porches, and accessory structures. MUNICIPAL PERMIT - Any permit, grant, approval, license, certificate or other authorization issued by the Town of Southold including but not limited to permits for building, grading, demolition, clearing and excavation and subdivision and site plan approvals. NATURAL DRAINAGE - The stormwater runoff patterns resulting from topographical and geological surface conditions, prior to clearing, regrading or construction. NATURAL WATERCOURSE - The route farmed by natural processes, topography and geology leading to a natural watershed. NATURAL WATERSHED - An area of land which in its natural state and prior to any man-made change, and due to its topography and geology, drains to a particular location within that area. NATURAL PROTECTIVE FEATURE - A nearshore area, beach, bluff, dune or wetland and the vegetation thereon. ONE-HUNDRED YEAR FLOOD PLAIN - The land area subject to the highest level of flooding that, on the average, is likely to occur once everyone hundred (100) years (i.e., that has a one-percent chance of occurring each year), as said level is shown on the Federal Emergency Management Agency Flood Insurance Rate Maps on file in the Southold Town Building Department. RESPONSIBLE PARTY - Owners and occupants of premises, applicants for municipal permits, and any other person or entity contributing to an act regulated by this local law. SEDIMENTATION - The processes that operate at or near the surface of the ground to deposit soils, debris and other materials either on other ground surfaces or in water channels. Page 45 February 27,2007 Town of South old Board Meeting Minutes SITE PREPARATION - The activities of stripping, clearing, grubbing, excavating, filling, and grading to facilitate construction or other use of the land. STORMW A TER RUNOFF - That part of precipitation that flows over the land surface. STRIPPING - The process of mechanically scraping away topsoil. STRUCTURE - Any object constructed, erected, installed or placed on land or in water, including buildings, sheds, mobile homes, tanks, bulkheads, piers and docks and any additions or alterations thereto. TOPSOIL - The uppermost layer of soil, usually the top 15-20 cm, it having the highest concentration of organic matter and microorganisms, and where most of the Earth's biological soil activity occurs. Plants generally concentrate their roots in, and obtain most of their nutrients from this layer. Topsoil can be measured as the depth from the surface to the first densely packed soil layer known as hardpan. ~ 236-5. This local law shall apply to all property within the Town of Southold, and shall govern: A. All grading, drainage and erosion control, whether or not a permit is required; B. All new or replaced impervious surface and all land disturbing activities, whether or not a permit is required; C. All discharges directly or indirectly to a highway or public right of way, public drainage control system, neighboring property, wetland or public waterway; and D. All new and existing land uses within the Town. ~ 236-6. Discharges. All discharges within the Town are subject to this subtitle unless explicitly exempted. Conduct exempted from this subtitle include activities necessary for the conduct of agricultural uses in connection with a bona fide agricultural operation. ~ 236-7. Prohibited Discharges. The following discharges are prohibited: A. Discharges to public highways and rights-of- way. B. Discharges to tidal and freshwater wetlands, bluffs, dunes, beaches and other natural protective features as defined in Chapter 275 of this Town Code. Page 46 February 27, 2007 Town of Southold Board Meeting Minutes C. Discharges from private properties to adjoining properties, without express permission. D. Discharges to public drainage control systems and networks, without express permission. E. Discharges of illicit liquids to any of the areas listed above and any other area within the Town, except in accordance with facilities approved for the handling of such materials by the Town, County and/or State. ~ 236-8. Requirements for all Stormwater Discharges. For all stormwater discharges, responsible parties shall implement and maintain operational source controls to include but not be limited to: A. Installation of drainage control structures to contain and recharge all run-off generated by development. B. Maintaining private roads, streets, driveways, parking lots and walkways. C. Identifying and eliminating unauthorized connections to Town Drainage Control Systems and Public Right-of-Ways. D. Maintaining and protecting Natural Drainage patterns. E. Maintaining and protecting Natural Watersheds. ~ 236-9. Requirements for all Land Disturbing Activities or Impervious Surfaces. All land disturbing activities or addition or replacement of impervious surfaces shall provide temporary and permanent construction controls, and shall be required to contain a 2" rain fall on site, even where a Drainage Control Permit is not required under this Chapter. All applicants for municipal permits shall demonstrate to the satisfaction of the Building Inspector that the proposed activities can meet this standard, either by the installation of gutters, leaders, drywells or other measures, prior to the issuance of such a municipal permit. ~ 236-10. Activities Requiring a Drainage Control Permit. None of the following activities shall be undertaken until a Drainage Control Permit has been issued under the provisions of this local law. I) Grading or stripping which affects more than five thousand (5,000) square feet of ground surface. 2) Excavation or filling involving more than two hundred (200) cubic yards of material within any parcel or any contiguous area. 3) Site preparation on slopes which exceed ten (10) feet of vertical rise to one hundred (100) feet of horizontal distance. 4) Site preparation within one hundred (100) feet of wetlands, beach, bluff or coastal erosion hazard area. 5) Site preparation within the one hundred (100) year floodplain of any watercourse. Page 47 February 27, 2007 Town of South old Board Meeting Minutes The following activities shall be exempted from such review: 1) Minor clearing or excavation work not incident to a substantial change in the existing use of the land, which may be reasonably expected not to contribute to any additional on-site generated runoff or degradation of any lands or water beyond the boundaries of the property involved. 2) Emergency repairs on public or private objects, necessary for the preservation of life, health or property, or taken to implement and accomplish the beneficial purpose of this local law as set forth herein under such circumstances where it would be impracticable to obtain approval prior to making such emergency repairs. Following such an emergency situation, however, any approvals required by this local law shall be obtained. 3) Routine maintenance or repair work on public or private roads or utility line rights-of-way where interim and permanent stormwater runoff control measures will be undertaken. To the maximum extent practicable, vegetation shall be used as a stabilizer and method of filtering and slowing stormwater flow from road surfaces. 4) Pervious structures,~, open decks, where the removal of topsoil allows for the recharge of groundwater. ~ 236-11. Compliance. Where a Drainage Control Permit is required by this Local Law, all development, construction, excavation and landscaping activities shall be conducted in accordance with an approved Erosion, Sedimentation and Stormwater Runoff Control Plan, and all other requirements of this local law. Where a Trustee permit, subdivision plat or site plan approval has been obtained and drainage has been addressed, the Building Inspector may consider such approval in satisfaction of these requirements, except that all development on individual lots in an approved subdivision shall remain subject to these requirements on an individual basis. ~ 236-12. Application Process. a) Any applicant for a municipal permit to conduct a development, construction or excavation activity within the Town of Southold shall complete a Stormwater Assessment Form to assist in determining compliance with this local law. Applicants that meet the threshold set forth above and require a Drainage Control Permit shall also submit an Erosion, Sedimentation and Stormwater Runoff Control Plan to the Building Inspector. b) Upon receipt by the Building Inspector of any application for a Drainage Page 48 February 27, 2007 Town of Southold Board Meeting Minutes Control Permit to conduct any activity regulated by this law, the Building Inspector may refer the proposed Erosion, Sedimentation, and Stormwater Runoff Control Plan to the Town Engineering Department for comment and recommendation. No municipal permit that shall be issued for activities requiring a Drainage Control Permit, nor shall any application therefor be deemed complete, until the Building Inspector has first issued its approval of the Erosion, Sedimentation and Stormwater Runoff Control Plan. c) Such plan may contain the following elements, which may be integrated into a site plan or subdivision plat submitted for approval pursuant to applicable Town law: I) A vicinity map drawn to a scale of not less than two thousand (2,000) feet to one (1) inch showing the relationship of the site to its general surroundings. 2) A plan of the site drawn to a scale of not less than one hundred (100) feet to the inch showing the location and description of property boundaries, site acreage, existing natural and man-made features on and within five hundred (500) feet of the site boundary, including roads, structures, water sources, drainage structures, utilities, topography including existing contours with intervals of not more than five (5) feet where the slope is ten percent or greater and not more than two (2) feet where the slope is less than ten percent, soil characteristics, location of wooded areas, the depth to seasonal high watertable and a copy of the Soil Conservation District soil survey where available. 3) Location and description of proposed changes to the site and existing development on the site, which includes: a) all excavation, filling, stripping and grading proposed to be undertaken, identified as to the depth, volume, and nature of the materials involved; b) all areas requiring clearing, identified as to the nature of vegetation affected; c) all areas where topsoil is to be removed and stockpiled and where topsoil is to be ultimately placed; d) all temporary and permanent vegetation to be placed on the site, identified as to planting type, size, and extent; e) all temporary and permanent stormwater runoff control measures including soil stabilization techniques and stormwater drainage and storage systems including ponds, recharge and sediment basins (identified as to the type of facility, the materials from which it is constructed, its dimensions, and its capacity in cubic feet); f) the anticipated pattern of surface drainage during periods of peak runoff, upon completion of site preparation and Page 49 February 27, 2007 Town of South old Board Meeting Minutes construction activities, identified as to rate and direction of flow at all major points within the drainage system; g) the location of all roads, driveways, sidewalks, structures, utilities, and other improvements; and h) the final contours of the site at intervals of no greater than two (2) feet. 4) A schedule of the sequence of installation of planned soil erosion, sedimentation and stormwater runoff control measures as related to the progress of the project including anticipated starting and completion dates. ~ 236-13. Performance Standards for Approval of Erosion, Sedimentation and Stormwater Runoff Control Plans. a) The site erosion, sedimentation and stormwater runoff control measures shall be appropriate for existing topography, vegetation and other salient natural features of the site. The plan shall indicate that the development will preserve natural features, minimize grading and cut and fill operations, ensure conformity with natural topography, and retain natural vegetation and trees to the maximum extent practicable in order to create the least erosion potential and handle adequately the volume and rate or velocity, of surface water runoff. b) Site grading, excavation and filling shall minimize destruction of natural vegetation, the potential for erosion, sedimentation and stormwater runoff and the threat to the health, safety and welfare of neighboring property owners and the general public. c) Erosion, sedimentation and stormwater runoff shall be controlled prior to, during, and after site preparation and construction. During grading operations, appropriate measures for dust control shall be undertaken. d) Areas exposed by site preparation shall be protected during site construction with hay bales, temporary vegetation and/or mulching to meet the requirements of the NYS DEC SPDES Program in effect. e) Natural drainage patterns shall be protected and incorporated into site design. Where natural drainage patterns are demonstrated to be adversely affecting a beach or wetland, drainage patterns may be altered in a manner which reduces the threat to such beach or wetland and does not create other flooding or erosion problems. f) Site preparation, including stripping of vegetative cover and grading, shall be undertaken so that no individual building site is stripped of its vegetation cover more than thirty (30) days prior to commencement of construction. Soils exposed or disturbed by site preparation shall remain so for the shortest practical period of time during site clearing, construction and restoration. g) Disturbed soils shall be stabilized and revegetated or seeded as soon as Page 50 February 27, 2007 Town of Southold Board Meeting Minutes practicable. During the interim, erosion protection measures such as temporary vegetation, retention ponds, recharge basins, berming, silt traps and mulching shall be used to ensure that sedimentation is minimized and mitigated. h) In no case shall stormwater be diverted to another property either during site preparation or after development. In appropriate cases, with the approval of the Superintendent of Highways, drainage control measures may be implemented in the right of way attendant to an adjacent Town highway, at the applicant's expense. i) During the construction period, disposal of stormwater runoff generated by development activity shall be handled on-site. Baling, mulching, debris basins, silt traps, use of fibrous cover materials or similar measures shall be used to contain soil erosion on the site. D All projects, regardless of the area of groundwater removal and/or grading, shall retain a natural vegetative buffer zone along waterbodies, including wetlands and marshes, if one is imposed by the Board of Trustees. If necessary, other forms of erosion control measures will also be included. k) Natural land features such as shallow depressions shall be used, wherever possible, to collect stormwater on-site for recharge. I) Site designs shall minimize impermeable paving. m) Stormwater runoff shall not be directly discharged to surface waters, marshes and wetlands. Stormwater pollutants shall not be discharged directly into a wetland, but shall be attenuated by using holding ponds, sedimentation basins, perimeter berming, vegetated buffer areas and other measures that reduce flow velocity and increase storage time. Pollutants shall not be discharged into wetlands. In addition, any filtering devices constructed as part of the drainage system must be adequately maintained in order to function properly. n) All wetland vegetation shall be maintained. Dredging and site construction should not disturb wetlands either by direct removal of vegetation or substrate, or by the alteration of adjacent slopes that would undermine the stability of the substrate unless permission is obtained from the Board of Trustees. Grading equipment shall not be allowed to enter into or cross any watercourse or wetland. 0) Subsurface sediments shall be maintained to provide structural support for the soils of the wetlands. p) The elevation of a wetland shall not be altered. q) No vegetation required by any agency as a buffer to a natural protective feature shall be disturbed by grading, erosion, sedimentation, or direct removal of vegetation. r) Fill shall not encroach on natural watercourses, constructed channels, wetlands, or floodway areas. All fill shall be compacted at a final angle of repose which provides stability for the material, minimizes erosion and prevents settlement. s) Trails and walking paths along waterbodies shall be sited and constructed Page 51 February 27, 2007 Town of Southold Board Meeting Minutes so they are not a source of sediment subject to the approval of the Board of Trustees. t) The amount and velocity of runoff from a site after development shall approximate its predevelopment characteristics. However, if the site is adjacent to coastal waters, storm water shall be contained on-site, to the maximum extent practicable, to prevent direct discharge of runoff to coastal waters. u) Natural flood plains and major drainage swales shall not be altered or disturbed in a manner which decreases their ability to accommodate and channel stormwater runoff and flood waters. If no practicable alternative to the location of development, roadway, driveways, and similar surfaces within these areas exists, such facilities shall be sited and constructed to minimize and mitigate the amount and velocity of stormwater entering the channel, floodplain or swale and to approximate the original functions of the undisturbed condition. v) No land having a slope equal to or greater than twenty (20) percent shall be developed or disturbed except for conservation measures or measures intended to remove debris which inhibits the functioning of the swale, except accessways to shorelines approved by the Board of Trustees shall be permitted. Natural vegetation and topography shall be retained to stabilize soils and reduce the volume of stormwater overflow. w) On lands having slopes ofless than twenty (20) percent, but composed of highly erodible soils, development proposals shall include consideration of the load-bearing capacity ofthe soils. Unless it can be demonstrated that the soils can be stabilized with a minimum of on-site disturbance and no adverse impacts to the stability of neighboring properties, the development proposal shall not be approved as submitted. x) All permanent (final) vegetation and mechanical erosion control measures called for in approved plans shall be installed within the time limits specified by the Building Inspector, and no later than the expiration of the municipal permit issued therewith. ~ 236-14. Approved Plans. Plans approved by the Building Inspector in conjunction with the issuance of a Drainage Control Permit shall also be filed with the County Clerk indicating that such plans are binding as against future purchasers, granting the Town permission to enter the property for compliance enforcement purposes, and containing a summary of the plan's requirements. ~ 236-15. Variances. A variance may be granted by the Zoning Board of Appeals of the Town of Southold upon receipt of an application from a property owner which meets the criteria for an area variance set forth in s267-a of the Town Law. Page 52 February 27, 2007 Town of South old Board Meeting Minutes ~ 236-16. Inspection, Restoration, Certificate of Occupancy and Fines. a) Inspection Inspection for soil erosion, sedimentation, and runoff control plan compliance shall be conducted by the Building Inspector to determine that the work has been completed in accordance with such plan. The plan may be modified by mutual agreement if, during or after installation, the Building Inspector deems that the installed measures are not adequate to meet the performance standards or if alternatives would better meet the Code requirements. Ifno agreement is reached, the Building Inspector may require the submission of a modified plan in order to maintain compliance with this local law. b) Restoration. Any clearing, excavation or development of land in violation of this local law shall be corrected forthwith after written notice by the Building Inspector. In the event that corrective action is not taken as directed within a reasonable time, the Town may, at its own expense, take corrective action to restore the property or initiate legal action to prevent unlawful or unauthorized activity. The cost of restoration shall become a lien upon the property upon which such unlawful activity occurred. c) Certificate of Occupancv. No certificate of occupancy shall be issued by the Building Inspector until all work required to be completed pursuant to the plan has been satisfactorily done. d) Fines. Any responsible party undertaking clearing, excavation or development of land in violation of this local law, or falsifying information in connection with the requirements of this Local Law, upon conviction, shall be guilty of a misdemeanor, punishable by a fine of not less than five hundred dollars ($500) and not more than two thousand dollars ($2,000). Such person shall be deemed guilty of a separate offense for each day during which a violation of this local law is committed or continues. e) Enforcement. The Director of Code Enforcement and/or the Building Inspector are responsible for enforcement of the provisions of this Chapter, and have the authority to issue violations of this Chapter. The Town Attorney shall be responsible for prosecution of any such violations. In addition to the Page 53 February 27, 2007 Town of South old Board Meeting Minutes above-provided fines, the Town Board may authorize an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this Chapter. VIII. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ./ Vote Record P Resolution RES-2007-251 Yes/Aye No/Nay Abstain Absent 0 Adopted AJ~(l'!I<:l1lps~iJr. Initiator Iil 0 0 0 0 Adopted as Amended William P. Edwards Seconder Iil 0 0 0 0 Defeated Daniel C. Ross Voter Iil 0 0 0 Iil Tabled Thomas H. Wickham Voter Iil 0 0 0 0 Withdrawn Next: Mar 27, 2007 4:30 PM Louisa P. Evans Voter Iil 0 0 g Scott Russell Voter Iil 0 0 2007-252 CATEGORY: DEPARTMENT: Bond Town Clerk Land Preservation Bond 2007 BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED FEBRUARY 27, 2007, AUTHORIZING THE ACQUISITION OF INTERESTS OR RIGHTS IN REAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, DEVELOPMENT RIGHTS IN OPEN AGRICULTURAL LANDS. WITHIN SAID TOWN, FOR THE PRESERVATION OF OPEN SPACES AND AREAS AND TO MAINTAIN AND ENHANCE THE CONSERVATION OF NATURAL RESOURCES, PROVIDED, HOWEVER, THAT NO SUCH INTERESTS OR RIGHTS IN REAL PROPERTY SHALL BE ACQUIRED UNTIL ALL RELEVANT PROVISIONS OF THE STATE ENVIRONMENTAL QUALITY REVIEW ACT HAVE BEEN COMPLIED WITH AND A FINAL DECLARATION AS TO ENVIRONMENTAL IMPACT HAS BEEN DULY DECLARED, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $22,500,000, APPROPRIATING SAID AMOUNT THEREFOR, Page 54 February 27, 2007 Town of Southold Board Meeting Minutes AUTHORIZING THE ISSUANCE OF $22,500,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION AND STATING THAT LAND INSTALLMENT PURCHASE OBLIGATIONS ARE AUTHORIZED TO BE ISSUED PURSUANT TO THIS BOND RESOLUTION Recitals WHEREAS, pursuant to Section 247 of the General Municipal Law, constituting Chapter 24 of the Consolidated Laws of the State of New York (herein called "Section 247"), the Town of Southold, Suffolk County, New York (herein called "Town"), is authorized to acquire interests or rights in real property for the preservation of open spaces and areas as defined in Section 247; and WHEREAS, such acquisition of interests or rights in land situate throughout the Town for the preservation of open spaces and areas and maintaining and enhancing the conservation of natural resources, as defined in Section 247, must be found, determined and deemed to be necessary, in the public interest and a proper public purpose of the Town in accordance with the findings and determinations of the State Legislature as set forth in Section 247; and WHEREAS, in pursuance thereof, the Town desires to implement the land acquisition and financing program hereinafter set forth and to authorize the issuance of land installment purchase obligations for the purpose of financing the acquisition of such interests or rights in real property; Now, therefore THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than three- fifths of all the members of said Town Board) AS FOLLOWS: Section I. The Town is hereby authorized to acquire by purchase, gift, grant, bequest, devise, lease or otherwise, the fee or any lesser interest, development right, easement, covenant or other contractual right necessary to achieve the purposes of Section 247, in various parcels of real property, including, but not limited to, development rights in open agricultural lands, within the Town, for the preservation of open spaces and areas and to maintain and enhance the conservation of natural or scenic resources, after due notice and a public hearing, pursuant to the provisions of Section 247 and applicable provisions of the Town of Southold Code, including incidental costs incurred in relation thereto, such acquisition being hereby found, determined and deemed to be necessary and in the public interest and a proper public purpose of the Town in accordance with the findings and determinations set forth in Section 247; provided, however, that no such right, including the fee or any lesser interest, or development right, easement, covenant, or other contractual right in any piece or parcel of such lands shall be so acquired until all relevant provisions of the State Environmental Quality Review Act (herein called "SEQRA"), constituting Article 8 of the New York Environmental Conservation Law, have been complied with and a final declaration as to environmental impact has been duly Page 55 February 27, 2007 Town of Southold Board Meeting Minutes declared by the entity duly authorized to make such determination and declaration. The estimated total cost of said class of objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof, is $22,500,000, and said amount is hereby appropriated therefor. The plan of financing includes the expenditure of funds currently available or to become available in the Town of Southold Community Preservation Fund ("CPF"), the issuance of $22,500,000 serial bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Any funds currently available or to become available in the CPF are hereby authorized to be expended to pay for all or part of the cost of the object or purpose for which said serial bonds are authorized or to pay principal and/or interest on any obligations issued pursuant to this bond resolution or any other bond resolutions adopted by the Town Board to finance the acquisition of open space or any other purposes authorized under Section 247, subject to the availability of such funds and only for such purposes authorized by applicable law. Section 2. Serial bonds of the Town in the principal amount of $22,500,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined, stated and declared: (a) The period of probable usefulness of said class of objects or purposes, as described herein, for which the serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 (a) 21. of the Law, is thirty (30) years. (b) All or a portion of the indebtedness to be contracted by the Town for the purpose of financing the acquisition of such interests or rights in real property may be issued in the form of a land installment purchase obligation or obligations pursuant to the provisions of Section 29.10 of the Law; any portion of said estimated maximum cost that is not financed by the issuance of a land installment obligation or obligations may be financed through the issuance of such bonds or bond anticipation notes issued in anticipation of the sale of such bonds. (c) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose or purposes for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (d) The proposed maturity of said $22,500,000 serial bonds will exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds as well as any bond purchase Page 56 February 27,2007 Town of Southold Board Meeting Minutes obligation shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service and of Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (IO) days after the adoption of this resolution, to cause to be published, in full, in the "THE SUFFOLK TIMES," a newspaper published in Southold, New York and hereby designated the official newspaper for such publication and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form: TOWN OF SOUTHOLD, NEW YORK PLEASE TAKE NOTICE that on February 27, 2007, the Town Board of the Town of SouthoId, in the County of Suffolk, New York, adopted a bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted February 27, 2007, authorizing the acquisition of interests or rights Page 57 February 27, 2007 Town of Southold Board Meeting Minutes in real property, including, but not limited to, development rights in open agricultural lands, within said Town, for the preservation of open spaces and areas and to maintain and enhance the conservation of natural resources, provided, however, that no such interests or rights in real property shall be acquired until all relevant provisions of the State Environmental Quality Review Act have been complied with and a final declaration as to environmental impact has been duly declared, stating the estimated maximum cost thereof is $22,500,000, appropriating said amount therefor, authorizing the issuance of $22,500,000 serial bonds of said Town to finance said appropriation and stating that land installment purchase obligations are authorized to be issued pursuant to this Bond Resolution," an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: RECITING that pursuant to Section 247 of the New York General Municipal Law ("Section 247"), the Town of Southold ("Town"), is authorized to acquire interests or rights in real property for the preservation of open spaces and areas and maintaining and enhancing the conservation of natural or scenic resources, as defined therein; that such acquisition of interests or rights in real property throughout the Town must be found, determined and deemed to be necessary, in the public interest and a proper public purpose of the Town in accordance with the provisions of Section 247 and the Town desires to implement the land acquisition and financing program hereinafter set forth and to authorize the issuance of land installment purchase obligations for such purpose; SECOND: AUTHORIZING the Town to acquire by purchase, gift, grant, bequest, devise, lease or otherwise, the fee or any lesser interest, development right, easement, covenant or other contractual right necessary to achieve the purposes of Section 247, in various parcels of real property, including, but not limited to, development rights in open agricultural lands, within the Town, for the preservation of open spaces and areas and to maintain and enhance the conservation of natural or scenic resources, after due notice and a public hearing, pursuant to the provisions of Section 247 and applicable provisions of the Town of Southold Code, including incidental costs incurred in relation thereto, such acquisition being hereby found, determined and deemed to be necessary and in the public interest and a proper public purpose of the Town in accordance with the findings and determinations set forth in Section 247; provided, however, that no such right, including the fee or any lesser interest, development right, easement, covenant, or other contractual right in any piece or parcel of such lands shall be so acquired until all relevant provisions of the State Environmental Quality Review Act ("SEQRA"), have been complied with and a final declaration as to environmental impact has been duly declared by the entity duly authorized to make such determination and declaration; STATING the estimated total cost thereof is $22,500,000; APPROPRIATING $22,500,000 to pay said cost; STATING the plan of financing includes the issuance of $22,500,000 serial bonds of the Town and the levy and collection of taxes upon all the taxable real property within the Town to pay the principal of said bonds and interest thereon; and STATING any funds currently Page 58 February 27, 2007 Town of Southold Board Meeting Minutes available or to become available in the CPF are hereby authorized to be expended to pay for all or part of the cost of the object or purpose for which said serial bonds are authorized or to pay principal and/or interest on any obligations issued pursuant to this bond resolution or any other bond resolutions adopted by the Town Board to finance the acquisition of open space or any other purposes authorized under Section 247, subject to the availability of such funds and only for such purposes authorized by applicable law. THIRD: AUTHORIZING the issuance of $22,500,000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York (the "Law") to finance said appropriation; FOURTH: DETERMINING and STATING the period of probable usefulness applicable to the class of objects or purposes for which said bonds are authorized to be issued is thirty (30) years; that all or a portion of such bonds or any bond anticipation notes may be issued in the form of a land installment purchase obligation or obligations pursuant to Section 29.10 of the Law; the proceeds of the bonds may be used to reimburse the Town for expenditures made after the effective date hereof for the purpose for which said bonds are authorized; and the proposed maturity of said serial bonds will exceed five (5) years; FIFTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; SIXTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SEVENTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: February 27, 2007 Elizabeth A. Neville Town Clerk Section 8. The Town Clerk is hereby authorized and directed to cause said bond resolution to be published, in summary, in substantially the form set forth in Exhibit A attached hereto and made a part hereof, after said bond resolution shall take effect, in the newspaper referred to in Section 7 hereof, and hereby designated the official newspaper for said publication, together with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York. ******** Exhibit A Page 59 February 27,2007 Town of Southold Board Meeting Minutes BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED FEBRUARY 27, 2007, AUTHORIZING THE ACQUISITION OF INTERESTS OR RIGHTS IN REAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, DEVELOPMENT RIGHTS IN OPEN AGRICULTURAL LANDS, WITHIN SAID TOWN, FOR THE PRESERVATION OF OPEN SPACES AND AREAS AND TO MAINTAIN AND ENHANCE THE CONSERVATION OF NATURAL RESOURCES, PROVIDED, HOWEVER, THAT NO SUCH INTERESTS OR RIGHTS IN REAL PROPERTY SHALL BE ACQUIRED UNTIL ALL RELEVANT PROVISIONS OF THE STATE ENVIRONMENTAL QUALITY REVIEW ACT HAVE BEEN COMPLIED WITH AND A FINAL DECLARATION AS TO ENVIRONMENTAL IMPACT HAS BEEN DULY DECLARED, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $22,500,000, APPROPRIATING SAID AMOUNT THEREFOR, AUTHORIZING THE ISSUANCE OF $22,500,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION AND STATING THAT LAND INSTALLMENT PURCHASE OBLIGATIONS ARE AUTHORIZED TO BE ISSUED PURSUANT TO THIS BOND RESOLUTION The object or purpose for which the bonds are authorized is to acquire interests or rights in real property for the preservation of open spaces and areas as defined in Section 247. The amount of obligations to be issued is $22,500,000. The period of probable usefulness of the bonds is thirty (30) years. A complete copy of the bond resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, at the Town Hall, 53095 Main Street, Southold, New York. This bond resolution is dated February 27, 2007. ./ Vote Record - Resolution RES-2007-252 Yes/Aye NolNay Abstain Absent Ii'! Adopted Nbert)<'rlIpski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H Wickham Initiator Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 VI. Public Hearinl!:s 1. Motion To: Motion to recess to Public Hearing Page 60 February 27, 2007 Town of South old Board Meeting Minutes COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a Dublic hearinl!:. RESULT: ADOPTED [UNANIMOUS) MOVER: Louisa P. Evans, Justice SECONDER: Daniel C. Ross, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. 2. Stormwater LL PH 2/27/07 At 5:00 Pm COMMENTS - Current Meeting: COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN there has been presented to the Town Board ofthe Town of South old, Suffolk County, New York, on the 30th day of January, 2007 a Local Law entitled "A Local Law in relation to Stormwater. Gradinl!: and Drainal!:e Control" and NOTICE IS HEREBY FURTHER GIVEN 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 February 27, 2007 at 5:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Stormwater. Gradinl!: and Drainal!:e Control" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to Stormwater. Gradinl!: and Drainal!:e Control" . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. A new Chapter 236 of the Code ofthe Town of South old is hereby adopted as follows: ~ 236-1. Title. This local law shall be known as the "Stormwater, Grading and Drainage Control law". ~ 236-2. Statutory Authorization. This local law is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through land use regulations intended to control flooding, erosion or sedimentation within the entire Town. The variance provision of this local law shall supersede any inconsistent portions of the Town Law Section 267-a and govern the subject of variances in this local law. ~ 236-3. Purpose. It is the purpose of this local law to promote and protect, to the greatest extent practicable, the public health, safety and general welfare by: (a) Minimizing soil erosion, sedimentation and stormwater runoff; (b) Controlling, restricting or prohibiting activities which alter natural drainage systems, floodplains, stream channels and natural protective features, including wetlands, which contribute to the accommodation of flood waters and retention of sediment; ( c) Controlling, restricting or prohibiting land use activities which increase nonpoint source pollution due to stormwater runoff, and/or which result in discharge onto public lands, neighboring properties or natural protective features; and (d) Assuring that land and water uses in the Town are designed and/or conducted using best management practices to control flooding, stormwater runoff and discharge onto public lands, neighboring properties or natural protective features. Page 61 February 27, 2007 Town of Southold Board Meeting Minutes (e) Promoting the recharge of stormwater into the fresh water aquifer to protect the drinking water supply and minimize salt water intrusion. ~ 236-4. Definitions. As used in this chapter, the following terms shall have the meanings indicated: AGRICULTURE - The production, keeping or maintenance, for sale, lease or personal use, of all plants and animals useful to man, including but not limited to, forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats or any mutation of hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; fruits of all kinds, including grapes, nuts and berries, vegetables; floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program. BEST MANAGEMENT PRACTICE - Procedures and methods pertaining to construction activities which are intended to prevent stormwater runoff, retain valuable topsoil and minimize water pollution. BUILDING INSPECTOR - The persons(s) appointed by the Town Board to enforce the provisions of South old Code Chapter 280 and this chapter. CLEAN FILL - Naturally deposited earthen material from an approved upland borrow source. CONSTRUCTION - The siting, building, erection, extension, or material alteration of any structure the use of which requires permanent or temporary location on the ground, as well as the installation of any hardened surfaces at or below grade. DEVELOPMENT - Any man-made change to improved or unimproved real property including but not limited to any construction activities, the construction of buildings or other structures, creating access to and circulation within the site, clearing of vegetation, grading, providing utilities and other services, parking facilities, drainage systems, methods of sewage disposal and other services, and creating landforms. Development also includes significant alteration of natural resources in preparation for development, such as the dredging or filling of wetlands, ponds or other natural drainage areas. DISCHARGE - to emit, expel, pour, direct or otherwise cause the flow ofliquid in a manner other than the natural course of that liquid which existed prior to the disturbance of the natural state of the land upon which it flowed, if any. DRAINAGE SYSTEMS - Includes gutters, swales, pipes, conduits and superstructures (e.g., drywells, sumps, berms, etc.) for the collection and conduction of stormwater to an adequate facility for its storage and disposal. EROSION - The wearing away ofland as a result of the action of natural forces or man-related activities. EROSION, SEDIMENTATION AND STORMWATER RUNOFF CONTROL PLAN - A drawing showing the proposed use of the site and the methods, techniques and improvements, both during and after construction, that will be employed to control erosion, sedimentation and stormwater runoff, which shall employ best management practices. Where the nature of the existing conditions and proposed activities warrant, the Building Inspector may require that such plan be prepared by a registered design professional licensed in the State of New York. EXCA V A TION - The removal, addition, or alteration of soil, sand, or vegetation by digging, dredging, drilling, cutting, scooping, or hollowing out. FILLING - The deposition of natural or artificial material so as to modify the surface or Page 62 February 27, 2007 Town of South old Board Meeting Minutes subsurface conditions of upland or underwater land. GRADING - The excavation, filling or alteration of the surface or subsurface conditions ofland, lakes, ponds, or watercourses. ILLICIT DISCHARGES - Illicit Discharges shall include but not be limited to discharge of solid waste; human and animal waste; antifreeze, oil, gasoline, grease and all other automotive products; flammable or explosive materials; metals in excess of naturally occurring amounts, whether in liquid or solid form; chemicals not normally found in uncontaminated water; solvents and degreasers; painting products; drain cleaners; commercial and household cleaning materials; pesticides; herbicides; fertilizers; acids; alkalis; ink; steam-cleaning waste; laundry waste; soap; detergent ammonia; chlorine; chlorinated swimming pool or hot tub water; domestic or sanitary sewage; roof structure runoff; animal carcasses; food and food waste; yard waste; dirt; sand; and gravel. IMPERVIOUS SURF ACE - Any surface exposed to stormwater from which water runs off and cannot pass through, including but not limited to, structures, paving, paving blocks, bedding material, packed earth, treated surfaces, roof structures, patios, decking, stoops, porches, and accessory structures. MUNICIPAL PERMIT - Any permit, grant, approval, license, certificate or other authorization issued by the Town of Southold including but not limited to permits for building, grading, demolition, clearing and excavation and subdivision and site plan approvals. NATURAL DRAINAGE - The stormwater runoffpattems resulting from topographical and geological surface conditions, prior to clearing, regrading or construction. NATURAL WATERCOURSE - The route farmed by natural processes, topography and geology leading to a natural watershed. NATURAL WATERSHED - An area of land which in its natural state and prior to any man- made change, and due to its topography and geology, drains to a particular location within that area. NATURAL PROTECTIVE FEATURE - A nearshore area, beach, bluff, dune or wetland and the vegetation thereon. ONE-HUNDRED YEAR FLOOD PLAIN - The land area subject to the highest level of flooding that, on the average, is likely to occur once every one hundred (100) years (i.e., that has a one- percent chance of occurring each year), as said level is shown on the Federal Emergency Management Agency Flood Insurance Rate Maps on file in the Southold Town Building Department. RESPONSIBLE PARTY - Owners and occupants of premises, applicants for municipal permits, and any other person or entity contributing to an act regulated by this local law. SEDIMENTATION - The processes that operate at or near the surface of the ground to deposit soils, debris and other materials either on other ground surfaces or in water channels. SITE PREPARATION - The activities of stripping, clearing, grubbing, excavating, filling, and grading to facilitate construction or other use of the land. STORMW A TER RUNOFF - That part of precipitation that flows over the land surface. STRIPPING - The process of mechanically scraping away topsoil. STRUCTURE - Any object constructed, erected, installed or placed on land or in water, including buildings, sheds, mobile homes, tanks, bulkheads, piers and docks and any additions or alterations thereto. Page 63 February 27,2007 Town of South old Board Meeting Minutes TOPSOIL - The uppermost layer of soil, usually the top 15-20 cm, it having the highest concentration of organic matter and microorganisms, and where most of the Earth's biological soil activity occurs. Plants generally concentrate their roots in, and obtain most of their nutrients from this layer. Topsoil can be measured as the depth from the surface to the first densely packed soil layer known as hardpan. ~ 236-5. This local law shall apply to all property within the Town of Southold, and shall govern: A. All grading, drainage and erosion control, whether or not a permit is required; All new or replaced impervious surface and all land disturbing activities, whether or not a permit is required; All discharges directly or indirectly to a highway or public right of way, public drainage control system, neighboring property, wetland or public waterway; and D. All new and existing land uses within the Town. ~ 236-6. Discharges. All discharges within the Town are subject to this subtitle unless explicitly exempted. Conduct exempted from this subtitle include activities necessary for the conduct of agricultural uses in connection with a bona fide agricultural operation. ~ 236-7. Prohibited Discharges. The following discharges are prohibited: A. Discharges to public highways and rights-of- way. B. Discharges to tidal and freshwater wetlands, bluffs, dunes, beaches and other natural protective features as defined in Chapter 275 of this Town Code. Discharges from private properties to adjoining properties, without express permission. Discharges to public drainage control systems and networks, without express permission. Discharges of illicit liquids to any of the areas listed above and any other area within the Town, except in accordance with facilities approved for the handling of such materials by the Town, County and/or State. ~ 236-8. Requirements for all Stormwater Discharges. For all stormwater discharges, responsible parties shall implement and source controls to include but not be limited to: A. Installation of drainage control structures to contain and recharge all run-off generated by development. B. Maintaining private roads, streets, driveways, parking lots and walkways. C. Identifying and eliminating unauthorized connections to Town Drainage Control Systems and Public Right-of-Ways. Maintaining and protecting Natural Drainage patterns. Maintaining and protecting Natural Watersheds. D. E. D. E. B. C. C. maintain operational ~ 236-9. Requirements for all Land Disturbing Activities or Impervious Surfaces. All land disturbing activities or addition or replacement of impervious surfaces shall provide Page 64 February 27, 2007 Town of Southold Board Meeting Minutes temporary and permanent construction controls, and shall be required to contain a 2" rain fall on site, even where a Drainage Control Permit is not required under this Chapter. All applicants for municipal permits shall demonstrate to the satisfaction of the Building Inspector that the proposed activities can meet this standard, either by the installation of gutters, leaders, drywells or other measures, prior to the issuance of such a municipal permit. ~ 236-10. Activities Requiring a Drainage Control Permit. None ofthe following activities shall be undertaken until a Drainage Control Permit has been issued under the provisions of this local law. I) Grading or stripping which affects more than five thousand (5,000) Square feet of ground surface. 2) Excavation or filling involving more than two hundred (200) cubic yards of material within any parcel or any contiguous area. 3) Site preparation on slopes which exceed ten (10) feet of vertical rise to one hundred (100) feet of horizontal distance. 4) Site preparation within one hundred (100) feet of wetlands, beach, bluff or coastal erosion hazard area. 5) Site preparation within the one hundred (100) year floodplain of any watercourse. The following activities shall be exempted from such review: I) Minor clearing or excavation work not incident to a substantial change in the existing use of the land, which may be reasonably expected not to contribute to any additional on-site generated runoff or degradation of any lands or water beyond the boundaries of the property involved. 2) Emergency repairs on public or private objects, necessary for the preservation of life, health or property, or taken to implement and accomplish the beneficial purpose of this local law as set forth herein under such circumstances where it would be impracticable to obtain approval prior to making such emergency repairs. Following such an emergency situation, however, any approvals required by this local law shall be obtained. 3) Routine maintenance or repair work on public or private roads or utility line rights-of-way where interim and permanent stormwater runoff control measures will be undertaken. To the maximum extent practicable, vegetation shall be used as a stabilizer and method of filtering and slowing storm water flow from road surfaces. 4) Pervious structures,~, open decks, where the removal oftopsoil allows for the recharge of groundwater. ~ 236-11. Compliance. Where a Drainage Control Permit is required by this Local Law, all development, construction, excavation and landscaping activities shall be conducted in accordance with an approved Erosion, Sedimentation and Stormwater Runoff Control Plan, and all other requirements of this local law. ~ 236-12. Application Process. a) Any applicant for a municipal permit to conduct a development, construction or excavation activity within the Town of Southold shall Page 65 February 27, 2007 Town of South old Board Meeting Minutes complete a Stormwater Assessment Form to assist in determining compliance with this local law. Applicants that meet the threshold set forth above and require a Drainage Control Permit shall also submit an Erosion, Sedimentation and Stormwater Runoff Control Plan to the Building Inspector. b) Upon receipt by the Building Inspector of any application for a Drainage Control Permit to conduct any activity regulated by this law, the Building Inspector may refer the proposed Erosion, Sedimentation, and Stormwater Runoff Control Plan to the Town Engineering Department for comment and recommendation. No municipal permit that shall be issued for activities requiring a Drainage Control Permit, nor shall any application therefor be deemed complete, until the Building Inspector has first issued its approval of the Erosion, Sedimentation and Stormwater Runoff Control Plan. c) Such plan may contain the following elements, which may be integrated into a site plan or subdivision plat submitted for approval pursuant to applicable Town law: I) A vicinity map drawn to a scale of not less than two thousand (2,000) feet to one (I) inch showing the relationship ofthe site to its general surroundings. 2) A plan ofthe site drawn to a scale of not less than one hundred (100) feet to the inch showing the location and description of property boundaries, site acreage, existing natural and man-made features on and within five hundred (500) feet of the site boundary, including roads, structures, water sources, drainage structures, utilities, topography including existing contours with intervals of not more than five (5) feet where the slope is ten percent or greater and not more than two (2) feet where the slope is less than ten percent, soil characteristics, location of wooded areas, the depth to seasonal high watertable and a copy of the Soil Conservation District soil survey where available. 3) Location and description of proposed changes to the site and existing development on the site, which includes: a) all excavation, filling, stripping and grading proposed to be undertaken, identified as to the depth, volume, and nature of the materials involved; b) all areas requiring clearing, identified as to the nature of vegetation affected; c) all areas where topsoil is to be removed and stockpiled and where topsoil is to be ultimately placed; d) all temporary and permanent vegetation to be placed on the site, identified as to planting type, size, and extent; e) all temporary and permanent stormwater runoff control measures including soil stabilization techniques and stormwater drainage and storage systems including ponds, Page 66 February 27, 2007 Town of Southold Board Meeting Minutes recharge and sediment basins (identified as to the type of facility, the materials from which it is constructed, its dimensions, and its capacity in cubic feet); t) the anticipated pattern of surface drainage during periods of peak runoff, upon completion of site preparation and construction activities, identified as to rate and direction of flow at all major points within the drainage system; g) the location of all roads, driveways, sidewalks, structures, utilities, and other improvements; and h) the final contours of the site at intervals of no greater than two (2) feet. 4) A schedule ofthe sequence of installation of planned soil erosion, sedimentation and stormwater runoff control measures as related to the progress of the project including anticipated starting and completion dates. ~ 236-13. Performance Standards for Approval of Erosion, Sedimentation and Storm water Runoff Control Plans. a) The site erosion, sedimentation and stormwater runoff control measures shall be appropriate for existing topography, vegetation and other salient natural features of the site. The plan shall indicate that the development will preserve natural features, minimize grading and cut and fill operations, ensure conformity with natural topography, and retain natural vegetation and trees to the maximum extent practicable in order to create the least erosion potential and handle adequately the volume and rate or velocity, of surface water runoff. b) Site grading, excavation and filling shall minimize destruction of natural vegetation, the potential for erosion, sedimentation and stormwater runoff and the threat to the health, safety and welfare of neighboring property owners and the general public. c) Erosion, sedimentation and storm water runoff shall be controlled prior to, during, and after site preparation and construction. During grading operations, appropriate measures for dust control shall be undertaken. d) Areas exposed by site preparation shall be protected during site construction with hay bales, temporary vegetation and/or mulching to meet the requirements of the NYS DEC SPDES Program in effect. e) Natural drainage patterns shall be protected and incorporated into site design. Where natural drainage patterns are demonstrated to be adversely affecting a beach or wetland, drainage patterns may be altered in a manner which reduces the threat to such beach or wetland and does not create other flooding or erosion problems. t) Site preparation, including stripping of vegetative cover and grading, shall be undertaken so that no individual building site is stripped of its vegetation cover more than thirty (30) days prior to commencement of construction. Soils exposed or disturbed by site preparation shall remain so for the shortest practical period of time during site clearing, construction and restoration. Page 67 February 27, 2007 Town of Southold Board Meeting Minutes g) Disturbed soils shall be stabilized and revegetated or seeded as soon as practicable. During the interim, erosion protection measures such as temporary vegetation, retention ponds, recharge basins, berming, silt traps and mulching shall be used to ensure that sedimentation is minimized and mitigated. h) In no case shall stormwater be diverted to another property either during site preparation or after development. In appropriate cases, with the approval of the Superintendent of Highways, drainage control measures may be implemented in the right of way attendant to an adjacent Town highway, at the applicant's expense. i) During the construction period, disposal of stormwater runoff generated by development activity shall be handled on-site. Baling, mulching, debris basins, silt traps, use of fibrous cover materials or similar measures shall be used to contain soil erosion on the site. j) All projects, regardless of the area of groundwater removal and/or grading, shall retain a natural vegetative buffer zone along waterbodies, including wetlands and marshes, if one is imposed by the Board of Trustees. If necessary, other forms of erosion control measures will also be included. k) Natural land features such as shallow depressions shall be used, wherever possible, to collect stormwater on-site for recharge. I) Site designs shall minimize impermeable paving. m) Stormwater runoff shall not be directly discharged to surface waters, marshes and wetlands. Stormwater pollutants shall not be discharged directly into a wetland, but shall be attenuated by using holding ponds, sedimentation basins, perimeter berming, vegetated buffer areas and other measures that reduce flow velocity and increase storage time. Pollutants shall not be discharged into wetlands. In addition, any filtering devices constructed as part of the drainage system must be adequately maintained in order to function properly. n) All wetland vegetation shall be maintained. Dredging and site construction should not disturb wetlands either by direct removal of vegetation or substrate, or by the alteration of adjacent slopes that would undermine the stability of the substrate unless permission is obtained from the Board of Trustees. Grading equipment shall not be allowed to enter into or cross any watercourse or wetland. 0) Subsurface sediments shall be maintained to provide structural support for the soils of the wetlands. p) The elevation of a wetland shall not be altered. q) No vegetation required by any agency as a buffer to a natural protective feature shall be disturbed by grading, erosion, sedimentation, or direct removal of vegetation. r) Fill shall not encroach on natural watercourses, constructed channels, wetlands, or floodway areas. All fill shall be compacted at a final angle of repose which provides stability for the material, minimizes erosion and prevents settlement. Page 68 February 27, 2007 Town of Southold Board Meeting Minutes s) Trails and walking paths along waterbodies shall be sited and constructed so they are not a source of sediment subject to the approval of the Board of Trustees. t) The amount and velocity of runoff from a site after development shall approximate its predevelopment characteristics. However, if the site is adjacent to coastal waters, storm water shall be contained on-site, to the maximum extent practicable, to prevent direct discharge of runoff to coastal waters. u) Natural flood plains and major drainage swales shall not be altered or disturbed in a manner which decreases their ability to accommodate and channel stormwater runoff and flood waters. If no practicable alternative to the location of development, roadway, driveways, and similar surfaces within these areas exists, such facilities shall be sited and constructed to minimize and mitigate the amount and velocity of stormwater entering the channel, floodplain or swale and to approximate the original functions of the undisturbed condition. v) No land having a slope equal to or greater than twenty (20) percent shall be developed or disturbed except for conservation measures or measures intended to remove debris which inhibits the functioning of the swale, except accessways to shorelines approved by the Board of Trustees shall be permitted. Natural vegetation and topography shall be retained to stabilize soils and reduce the volume of stormwater overflow. w) On lands having slopes ofless than twenty (20) percent, but composed of highly erodible soils, development proposals shall include consideration of the load-bearing capacity ofthe soils. Unless it can be demonstrated that the soils can be stabilized with a minimum of on-site disturbance and no adverse impacts to the stability of neighboring properties, the development proposal shall not be approved as submitted. x) All permanent (final) vegetation and mechanical erosion control measures called for in approved plans shall be installed within the time limits specified by the Building Inspector, and no later than the expiration of the municipal permit issued therewith. ~ 236-14. Approved Plans. Plans approved by the Building Inspector in conjunction with the issuance of a Drainage Control Permit shall also be filed with the County Clerk indicating that such plans are binding as against future purchasers, granting the Town permission to enter the property for compliance enforcement purposes, and containing a summary of the plan's requirements. ~ 236-15. Variances. A variance may be granted by the Zoning Board of Appeals of the Town of Southold upon receipt of an application from a property owner which demonstrates unnecessary hardship from the imposition of such regulations. ~ 236-16. Inspection, Restoration, Certificate of Occupancy and Fines. a) Inspection Inspection for soil erosion, sedimentation, and runoff control plan compliance shall be conducted by the Building Inspector to determine that Page 69 February 27, 2007 Town of Southold Board Meeting Minutes the work has been completed in accordance with such plan. The plan may be modified by mutual agreement if, during or after installation, the Building Inspector deems that the installed measures are not adequate to meet the performance standards or if alternatives would better meet the Code requirements. If no agreement is reached, the Building Inspector may require the submission of a modified plan in order to maintain compliance with this local law. b) Restoration. Any clearing, excavation or development of land in violation of this local law shall be corrected forthwith after written notice by the Building Inspector. In the event that corrective action is not taken as directed within a reasonable time, the Town may, at its own expense, take corrective action to restore the property or initiate legal action to prevent unlawful or unauthorized activity. The cost of restoration shall become a lien upon the property upon which such unlawful activity occurred. c) Certificate of Occupancv. No certificate of occupancy shall be issued by the Building Inspector until all work required to be completed pursuant to the plan has been satisfactorily done. d) Fines. Any responsible party undertaking clearing, excavation or development of land in violation of this local law, or falsifying information in connection with the requirements of this Local Law, upon conviction, shall be guilty of a misdemeanor, punishable by a fine of not less than five hundred dollars ($500) and not more than two thousand dollars ($2,000). Such person shall be deemed guilty of a separate offense for each day during which a violation of this local law is committed or continues. e) Enforcement. The Director of Code Enforcement and/or the Building Inspector are responsible for enforcement of the provisions of this Chapter, and have the authority to issue violations of this Chapter. The Town Attorney shall be responsible for prosecution of any such violations. In addition to the above-provided fines, the Town Board may authorize an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this Chapter. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. We have various notices in the public record, we have a communication here from the North Fork Environmental Council, received today. "Dear Town Board Members, We are very pleased that the Board has taken steps to legislate action with respect to stormwater grading and drainage Page 70 February 27, 2007 Town of Southold Board Meeting Minutes control. This draft is a great improvement over the existing code. We believe that property owners should take responsibility for stormwater runoff and be required to take steps to safeguard our precious wetlands and water resources but expectations of governments are important as well. Indeed, some of the most significant shortcomings are the responsibility of the Town. We believe the draft should also spell out requirements for town and county governments regarding the determination of pollutants in road run-off draining directly to water bodies and wetlands. It should also specify test responsibilities and protocols as well as the implementation of applicable mitigation measures. The NFEC, in its review of Wetlands Protection Weaknesses has made this observation before with respect to Chapter 275 and the Local Waterfront Revitalization Plan. We have some specific comments on the Draft Local Law Text, and urge you to consider revising the draft to include the following: 236-3 Purpose, Add F. Understanding the polluting constituents in stormwater (road run-off draining directly into water bodies and wetlands) and the taking of mitigating steps. 236-4 Definitions. 'Agriculture', the definition of agriculture may be acceptable for this law but the definitions of agriculture and bona fide agriculture production are currently in discussion and should be consistent in the various chapters ofthe Code. 'Responsible Party', add governments before any other persons for clarity. 'Top soil', delete the last sentence since it is inaccurate and the definition going before is adequate. 236-8 Requirements for all Stormwater Discharges, Add F. Stormwater directly drained to water bodies or wetlands through impermeable works shall not contain polluting constituents in concentrations in excess of those threshold values specified in this chapter. Add, the threshold values for coliform bacteria and nitrogen to serve the above. 236-13, Performance standards for approval of erosion, sediment, stormwater runoff control plans, Add, in M, weirs and vector controls before and other measures that reduce flow velocity. 236-15 Variance, Expand the criteria for granting variances beyond the basic proof of unnecessary hardship criterion to give the ZBA support in standing up for the environment." And one can see the NFEC's report WWreport 4.doc concerning this topic. I should say this has appeared, the entire text of this drainage code has appeared on the Town Clerk's bulletin board outside. It has appeared as a legal in the local newspaper. I have a copy, by the way, here of this report that the NFEC refers to in the file. I have a memorandum, dated today, from Jerilyn Woodhouse, Chair of the Town's Planning Board with the comments of the Planning Board on this proposed local law. "The Planning Board supports the proposed local law and offers the following comments. I. In review of subdivisions, section 240-36 requires a New York Department of Environmental Conservation SPDES General Permit for Stormwater Discharges from Construction Activity (GP-02-01) for all development disturbing greater than one acre. In addition, approval for grading and drainage is issued by the Office of the Town Engineer prior to Planning Board final approval. 2. In the review of site plans, section 280-129, objectives: grading and drainage, requires that 'all grading and drainage plans must meet with the requirements of the Town Engineer and or Superintendent of Highways. In addition, the Planning Board also requires that the applicant provide a SPDES permit for all site plans that disturb greater than one acre. 3. Therefore, these aforementioned sections of the code currently provide for review of stormwater, grading and drainage for applications requiring Planning Board approval. As proposed, the local law would require an additional application process for subdivisions and site plans. We believe that the review process would be duplicative and therefore request that subdivisions and site plans be exempt from the application process outlined in section 236-12, application process of the proposed local law." That is the comment of our Planning Board. Also dated today from the Page 71 February 27, 2007 Town of South old Board Meeting Minutes Principal Planner to the Town Board on this law, this is from the L WRP coordinator. "The proposed law has been reviewed according to Chapter 268, the Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program policy standards. Based upon the information provided on the L WRP Consistency Assessment form submitted to this department as well as the records available to me, it is my determination that the proposed action is consistent with the policy standards and therefore is consistent with the LWRP. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action." From the Southold Town Trustees, also dated today, "As elected officials charged with doing what we can to protect our marine and freshwater environment, the Trustees strongly appreciate the efforts that have gone into the draft of this proposed Town Code and strongly support it. There is one section that we would like to provide comment on. It is the exemption provided to agricultural properties. It is common for farms, vineyards and sod farms to use fertilizers and pesticides. Sod farms use herbicides. Given the harvesting of crops and sod that is practiced, there are several times each year where these lands could become void of vegetation, leaving them particularly susceptible to soil runoff in what could be a normal, rather than heavy rain. Many of our agricultural parcels are located either adjacent to, or in the immediate vicinity of our creeks, bays, freshwater ponds and marshes. As such, the Trustees feel very strongly that the owners of these lands must also make every effort to retain their water runoff on their property. This can be done with French drains, leaching pools or other reasonable means. The Southold Town Trustees respectfully request that the agricultural exemption contained in this draft be removed. Thank you very much for your consideration of our opinion." And now from the County of Suffolk, the Department of Planning "Pursuant to sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application is not within the jurisdiction of the Suffolk County Planning Commission." And I believe that is all the substantive comments that are in the public record today. SUPERVISOR RUSSELL: Would anybody like to come up before the Town Board and address this proposed law? Mrs. Moore? PATRICIA MOORE: Good evening and thank you for calling on me. I was very pleased to see some of the comments that were made by some of the other agencies because they actually did point out some of the things that I wanted to stress. I would agree with the Trustees with regard to the blanket exemption for agriculture. I believe that the agricultural community has an obligation to retain the runoff on its own property. I have dealt both on behalf of clients that were homes next to farms that because the natural flow of water under common law allows the farms to continue to run as they do, it is very difficult to get a farm to control their own runoff even if it is going the natural flow of water, suddenly has a subdivision smack in the midst of the flow. So it does result in serious problems for property owners and there is very little you can do if you try to get relief from the courts. I think that generally we have that, we have to deal with farming practices and the encouragement of agriculture in this community but I think if a farming operation has applied proper management practices and does not runoff, they don't do the dikeing during seasons where there is, we just looked at a property with the Planning Board, we did a site inspection and found that a subdivision that is being proposed has a farm across the way and the farmer cut a little dike that was obvious that was a form of draining some of the Page 72 February 27, 2007 Town of South old Board Meeting Minutes water off the property. Certain farming operations work better than others. I think there should be some review and as long as a proper management practice is applied, maybe they too fall under the exemption as long as they are not causing a problem. My points, what I would like to stress, is when you are writing this legislation, that I would create exemptions as of right unless there is a problem, because what you have imposed in this law and again, the Planning Board raised this issue, since July of 2004, the state has a whole set of regulations. The New York state pollution prevention plan, Stormwater Pollution Prevention Act that comes from the federal government down to the state and now is imposed on the town's as well. There every subdivision that has been approved since July of '04 has required a covenant that the property owner, when they develop has to actually comply with this pollution, stormwater pollution control plan and a plan has to actually be filed with the state, so existing subdivisions are already controlled, that is new construction. Any application that goes before the Trustees, again every application that gets a permit through the Trustees requires drywells and gutters and control of runoff. That is one of the primary conditions that the Trustees impose, I know AI, you know this very well. So automatically you have exempt from this requirement any subdivision that has received pollution control approval, any permit with the Trustees review t hat has taken stormwater issues, drainage issues into consideration, even single family house that is existing, if they have implemented voluntarily drywells, gutters, pervious driveways, things that are mitigation measures for keeping your water runoff on site again, why make them go through a whole permit process, which I called, I made some phone calls and asked what would it cost a normal property owner to get this type of permit, a plan in place? And to begin with, a stormwater pollution plan that is prepared for the state must be prepared by a professional engineer or a certified pollution control specialist and there are very few of those. If the town implements those, quite frankly, you better be prepared for another engineer because Jamie Richter is quite busy with the work he has for the town; reviewing these plans are going to be an extensive job description. But as a matter of cost, if you did a simple grading plan, the surveyors, very simple grading plan can cost anywhere from $300 to $1,000. That is the simplest grading plan. For a ground water, stormwater runoff plan, you need a professional engineer as I said and the cost can be anywhere from $2,000 to $8,000 on the simplest plan and that depends on the size of the property and the distance to groundwater. So it gets very complicated and very expensive very quickly. We have done these, we have filed them through my office with the state and let me tell you, what happens is when you file the ones to the state, the state imposes an annual charge that they will, you have to be monitored and have in place, you get an annual fee and they inspect the, they have the right to inspect and come to the site and if you don't have the stormwater pollution plan in place for their inspection, you can be fined. So there is a lot of control through the state level. Again, also other exemptions that may be appropriate; the Health Department. If you have a need to put in a new sanitary and because of the groundwater conditions, you may have to put fill or do some re-grading, the Health Department as a matter of course, if you are within a certain distance to a property line, if your sanitary system requires mounding or any kind of soil containment, they will require a grading plan as a part of the application, so again, that issue is addressed through the Health Department application. So you can see that every forum, every agency that review it, always reviews for stormwater. It is the rare case where there is a problem that somebody hasn't addressed, if it has gone through any regulatory review. Whether the newspaper is correct or not, as far as I read an article about this law and they said, well if you have a problem with your basement and you have Page 73 February 27, 2007 Town of South old Board Meeting Minutes to pump out your basement into the street, well, I guess technically you would require some kind of a permit, maybe after the fact permit but I think maybe you need to put in an exemption if you do adopt this law, for emergency use. If you have a fire department, that for emergency conditions have to pump out a basement, that is a health and welfare issue, you should not impose an extra burden either on the property owner or the fire department to make that kind of safety measure in place. Finally, I guess as a matter of pool applications, in the Building Department, again, this can be really kind of simplified to kind of three paragraphs. This whole law because you should have drywells, you should have gutters, you should not have water runoff onto your neighbors property or onto the street, just as a matter of course and you don't need this whole extensive law, very expensive law to do that. It think it can be very simply done and incorporated into the code, just like a building permit requirement is and the standards for issuance of a building permit. If you build a pool, ordinarily when the Zoning Board looks at a pool construction or there is a Trustees application where there is a pool construction by a wetland, ordinarily a common course of condition is that you have a dry well for the backwash for the pool. That is a standard requirement and maybe that is something that if you are building a pool, a drywell for that type of water because sometimes draining up a pool can cause some problems, maybe there are none because nobody drains pools, I don't know. I don't have a pool but that is one of the standard conditions that agencies impose and it might be something that you might incorporate into this. Again, if a person implements these measures, they should not be required to get a permit because it has automatically has complied with what you are trying to get out of the whole permit process. So I would respectfully suggest you might go back and look at it, how to simplify it, how to create exemptions. Certainly incorporate the Planning Board's suggestions right off the bat, site plan review and subdivision regulations implement stormwater control, so I think that as a matter of right you should not be preparing a plan that is in being reviewed, reviewing a plan that is completely inconsistent with Planning Board, site plan, and state review. So, those are my comments, I appreciate your indulgence. I was kind of lengthy but please, before you adopt this, please go back and look at it very carefully. I think that even in your SEQRA review nobody has looked at the financial consequences of this and given what I have seen on the expense on doing these kind of plans, I think you are going to have everybody, homeowners, landscapers, I saw a landscaper, Mr. Cichanowicz, in the audience and I said, you know, hey, if I was a landscaper I would be looking at this very carefully because if! am going to go do a landscape plan for someone, I am going to now need this permit and I am going to tack on whatever the fee is to get a permit from a property owner but they are going to need an engineer and they are going to need specialty staff that quite frankly is difficult to come by. Unless one of you guys has a child that is an engineer that you want to employ right away, this is something that is really very high level and I think some simple, common sense applications might be what we need here. So, thank you. COUNCILMAN KRUPSKI: Can I just answer Ms. Moore's comments? We did have a discussion because we didn't get comments from some of the Board's in a timely fashion, actually, we got some tonight. One of the suggestions was to put under section 236-11 Compliance, for a Trustee permit, subdivision plat or site plan approval has been obtained and drainage has been addressed, the Building Inspector may consider such approval in satisfaction of these requirements. So we are not trying to make it redundant, we are trying to pick up the drainage that needs to be addressed outside of these areas where there are no jurisdictions Page 74 February 27, 2007 Town of Southold Board Meeting Minutes involved. And this is a draft, so we want comments because we want to make it a code that is going to work for the town. SUPERVISOR RUSSELL: Yeah, I actually, my conversation with you about a week ago on this was very eye-opening and I appreciate the input. There is a component to this and I know you talked about a lot of the oversight that is out there now; what we are trying to address is the oversight that hadn't been there for years prior. We have flooding all over Southold Town and every new subdivision, the last house in seems to be two feet higher than the houses right next to it. I know a friend of mine had argued against this as premise of property rights and I appreciate that but I have to consider and be mindful of the property rights of the people that have been in the community for 30 years who now have basements that are getting flooded, so, it is a balancing act. We are trying to do that but certainly take everything you said and look at it very closely. Would anybody else like to address the Town Board on this issue? GEORGE SOLOMON: Good evening, my name is George Solomon. I am addressing the Board as a homeowner, not as a member of the Planning Board. I own a house in Mattituck and I am at the lowest point in the subdivision where I am and I take on all of the water coming down from the town roads. I believe that the responsible parties in this law should also include the municipality because there has to be some way that as a homeowner in the Town of Southold we can get the town to react under this law. They are just as responsible under this law as my neighbor is who may put an impervious surface on his driveway and cause runoff to come down the right of way. So I do believe that that should be added into the law. It is an important factor. I also agree with the Trustees in the fact that agricultural should be on a per basis situation. There is some situations where runoff from farmlands just do create a horrendous problem. I would like to know if this law is specifically set up for new construction in the town or whether this provides specifically for all construction that exists in the town? SUPERVISOR RUSSELL: This is actually intended to address the existing construction. We have requirements as you are going through a construction process now of your residential property. We do have, you know, on site containment issues that are being applied. The problem is what do you do with the construction that took place 20 or 30 years ago? In your particular case, I am very familiar with yours, I worked with you on that when I was an assessor and I agree with you 100 percent and you are right, Southold Town needs to set a better example with regard to drainage control. Weare doing that, we put a budget together this year that includes a heck of a lot more money than in the past for drainage control measures. We are doing that but you are right, Southold needs to set a better example. MR. SOLOMON: If you are going to require the homeowners and property owners in the Town to live by this law, you have to require the municipality to live by this law. SUPERVISOR RUSSELL: You are right. Thank you. Would anybody else like to come and address the Town Board? DAVE CICHANOWICZ: Dave Cichanowicz. Yeah, just to make a few comments. Being in the trades, we deal with this issue all the time. All the new construction, of course, are generally Page 75 February 27,2007 Town of Southold Board Meeting Minutes handled with drywells and you know, proper percolation, as per what you have built into all your permits. Going back to existing residences, I think I am going to go out and buy a lot of backhoes if this goes through because there is going to be thousands of places that are going to be affected by this law and I don't think that you really understand the impact that you are causing. Now, I don't know what you have as what is deemed necessary or not and how clearly that is going to be spelled out in your law as to what deems needing to be addressed or not but there is lots and lots of houses that I have worked on, have passed on through and there is drainage issues all over and of course, the Town is probably more at fault than anybody else. Every low lying road leads to our bays and how you are going to plan on fixing that with the amount of monies that you already don't have, is beyond me... SUPERVISOR RUSSELL: You are right. We are in the process of retro-fitting, we need to literally retro-fit every existing subdivision that is out there because in the old days, they were designed to drain into the creeks and the estuaries. MR. CICHANOWICZ: Right. SUPERVISOR RUSSELL: Pat, let me just, I think really the focus on the existing construction in this law would be if it is an intentional act or if you are creating a problem from site, if I am not mistaken, in other words, if you are draining your pool into the public right of way, which happens all over Southold Town, we can now do something about that. If you are creating a situation that is unhealthy or unsafe, we can do something about that. I don't think this law or anybody here intended to just go out and have people start develop drainage plans for each of their properties but there are those egregious situations that we just have to address. But certainly new construction, the onus of it, the bulk of it will be placed on the new construction. TOWN ATTORNEY FINNEGAN: And I think it is designed that if you make additions to your property, that when you come in, each time you come in to do something new to your property, you would have to comply with it then. MR. CICHANOWICZ: Okay. Thank you. SUPERVISOR RUSSELL: But, obviously we are getting good comments tonight. COUNCILMAN KRUPSKI: And you are right about the Town being a big polluter and all my years as a Trustee, we would go out and look for drainage issues on the applicants property and you would see a pipe going through the bulkhead and you would look a couple hundred feet down and there is a big, rusty pipe from the town roads draining into the wetland and this Board has made a big commitment, in money and in manpower with the Highway Department this past year to try to address some of these problems. And like Scott said, every road was designed to drain into the wetlands and many of the town roads drain into farm fields, you know, it is not all farm fields that drain into town roads. There is a lot of areas where the cut is made the other way and it is draining into somebody's farm and, so there is a lot of issues out there that aren't like easily solved but this is an attempt to solve some of them. Some of them where, like you said, Dave, drywells and gutters are going to solve 90 percent of the problems. When people put driveways in, you know, you leave low areas next to your driveways for natural recharge and the Page 76 February 27, 2007 Town of Southold Board Meeting Minutes same with any sort of landscaping. You leave low areas, you don't fill your low areas because that is your drainage. So, a lot of it is kind of simple. You know, water runs down hill and you try to contain it and let it recharge on its own. COUNCILMAN WICKHAM: I should add that there is another communication that I overlooked a minute ago and that is from Christopher Dwyer, who we asked to do an analysis of SEQRA for us. "As requested by the Town of Southold, our office has reviewed the proposed action to be taken by the Town of Southold as presented to the Town Board of the town of Southold on January 30, 2007. The new local law to the Town Cod is classified as a SEQRA unlisted type project in accordance with Title 6 of the New York Code of Rules and Regulations. As such, the action requires a determination of significance by the Town (Lead Agency) and a SEQRA review. The new local law to Town Code, as defined in the attached resolution, is intended to establish clear standards to promote and protect (to the greatest extent practicable) the public health, safety and general welfare by establishing new requirements for property owners with construction projects. The project would have to exceed the minimum thresholds as defined in the new local law. The action is being offered to add a local law that protects property owners, public lands/rights-of-ways and natural protective areas (wetlands or public waterways) from potentially adverse affects of construction projects. Specific and/or individual projects cannot be evaluated at this time. Our office is confident that the adoption and adherent to this new local ordinance proposed by the Town will prevent (to the greatest extent practicable) a project from creating adverse impacts to the environment wit respect to stormwater runoff. Please refer to the attached Short Environmental Assessment Form and complete part III as Lead Agency. Based upon the proposed legislation to control stormwater as a result of grading, alterations, and new construction (yielding no significant adverse impacts) our office recommends a negative declaration be issued by the Southold Town Board. If you should have any questions regarding the content of this evaluation, please do not hesitate to contact this office directly. Christopher Dwyer." SUPERVISOR RUSSELL: Also, the significant financial commitment we made in this budget is a pittance compared to what our long term needs are going to be for drainage. There is going to be a cost that is going to have to be borne by everybody sooner or later. The idea here is to say, look, if you are creating a problem, you need to be part of the solution. I can put all the catch basins and leeching fields in I want but if we are not taking care of business up at the other end of the road we are not going to get a lot done. At any rate, we do appreciate everything you have to say. Would anybody else like to address the Town Board on this? FRANK WILLS: Good evening, Frank Wills, Mattituck. First I would like to say the Town should be commended for improving and proposing to put this on the books. One of the thoughts I had was, we talk about stormwater runoff but nowhere do we say what is the problem? Is it the pollutants, is it the sediments that goes off the road after it has been sanded, the salt going into the water-should it be bay or sound-shouldn't do anything but there is no question, there must be pollutants and I wonder whether by spelling them out it would make this law much clearer and get people to understand what the problem is. That is one point. The other one, as other people have suggested that under discharges, to exclude agriculture on the total basis, I think, is wrong. I realize agriculture has problems, part of our livelihood depends on agriculture Page 77 February 27, 2007 Town of Southold Board Meeting Minutes but they should be following the same rules as homeowners, businesses and so forth. So any runoff and I can mention a few, should be controlled. Not a blanket excuse. A minor point, oh, the signs, it is minor, they are listed at either $250 to no more than $500 but it doesn't say whether, and then it continues to say, 'such persons shall be deemed guilty of a separate offense for each day during which the violations in this local law is committed or continues' so, that it is $250 to $500 per day or just once? Because if it is just once, that isn't enough to deter anybody from violating the law. It is on page 13 under item D. SUPERVISOR RUSSELL: I believe it is per incident... TOWN ATTORNEY FINNEGAN: It could be per day. As a practicable matter, we generally charge per event, so you know, if you think the fine should be higher (inaudible) but yes, you could charge it each day. MR. WILLS: Maybe clarify that a bit. Thank you. SUPERVISOR RUSSELL: Would anybody else like to come up before the Town Board? John had his hand up for a while now. JOHN NICKLES, JR.: John Nickles, Jr., Southold. I don't have the law in front of me, I did do a quick read of it but I don't recall anything about any type of blanket exemption for any particular extraordinary storm for any amount of rain. I see there is going to be probably a number of times where there is going to be people coming in making complaints about their neighbors, making complaints about the farms nearby because of a deluge that might occur. And so I am wondering if there is something in this law that I missed or if you are planning to put something in there that is going to have a blanket exemption for major storms, you know? And what amount of rain is that? And where is it measured? So that is a consideration that I think if it is not in there, you should consider and the other main thing really is just going to be the compliance aspect of it. You know, when you do have, you know, unusual amounts ofrain you are going to have a lot of people making complaints where they thought they now have an opportunity to do something about that farmer down that road. You can drive up and down Oregon Road or some of the other agricultural belts and see it even just after a healthy rain. You are going to see a lot of puddling and it's, I guess maybe there's way to prove it came off of this guys farm or that guys farm but you know, brown water is still brown water. So I would like you to consider these things. Thanks. SUPERVISOR RUSSELL: Thanks, John. As a point of interest, the law itself actually means that you would be responsible for a drainage plan that would contain up to a two inch rainfall. In those excessive circumstances, the two and a half, three, the nine inches we got just several months ago, obviously that wouldn't come to bear on this law. So those would be exceptional circumstances. I think the two inch pretty much spoke to that issue. And I have to be honest, I don't really remember a blanket exclusion for agriculture. I thought it was for the normal and regular practice of agriculture, if it was a consistent activity that is needed for agriculture, I thought is what we would exclude.... Page 78 February 27, 2007 Town of South old Board Meeting Minutes TOWN ATTORNEY FINNEGAN: Conduct exempted from this subtitle includes activities necessary for the conduct of agricultural uses in connection with a bona fide agricultural operation. SUPERVISOR RUSSELL: Yeah, activities necessary for the conduct of agricultural uses, for bona fide agricultural operations. It doesn't necessarily mean that agriculture gets out without any oversight, it just means that those things that are essential to the operation we are not going to address and frankly, if I (inaudible) I probably wouldn't have the authority to address but that is another issue and certainly your point is well taken. Chris? CHRIS BAIZ: Chris Baiz, Southold. Just in that last point about how are you going to measure and where are you going to measure, I mean, the variability out here is tremendous. There can be a quarter to a half inch rainfall in Peconic but there can be a four inch rainfall in Greenport in the same storm, so you know, are we all going to put rain gauges out and hold them up to the inspector? Or where are we going to measure this from? At one point, the Highway Department offices and buildings or what? SUPERVISOR RUSSELL: I think we take it from Brookhaven National Lab, if I am not mistaken. I am not sure but I think there is a basis for reference that they had already talked about, the engineer and the attorney. And there is a basis for reference. I don't know where the location is but it is one singular location. COUNCILMAN KRUPSKI: I think the point made is that in a real heavy rainstorm or in frozen ground conditions, not so heavy rainstorm... MR. BAIZ: Yeah. COUNCILMAN KRUPSKI: You are going to get a lot of runoff that nobody is going to be able to do anything with and in those cases, people are going to pump it overboard and there is really no other place to put it. So that is kind of acceptable, I would think. MR. BAIZ: Okay. Well, so if in your argument, Scott about... SUPERVISOR RUSSELL: Not an argument, I was trying to answer a question. I don't have a specific answer to. MR. BAIZ: Okay. Okay. But wherever this one site might be, than would it behoove a landowner to have his own rain gauge in place so that if he has got four inches and therefore is creating or a problem has been created but down the road, wherever the permanent measuring site is, it is only half an inch, I mean, the homeowner or landowner with the four inch filled rain gauge has an argument that he should be exempt from that. TOWN ATTORNEY FINNEGAN: I think what is going to happen is that when you come in for your plan your plan is going to require that the plans show that you can contain two inches on site. If there is more, you are not required to contain that on site. You are not going to be in Page 79 February 27, 2007 Town of Southold Board Meeting Minutes violation. SUPERVISOR RUSSELL: It is the function of the drainage plan that shows that this can handle a two inch volume... TOWN ATTORNEY FINNEGAN: We are not saying that... SUPERVISOR RUSSELL: It doesn't mean that we are going to run around, it doesn't mean that I am going to have Ed Forrester driving around after a rainfall looking to ticket people, it just means that we are going to have a thoughtful process when you come in for a building permit. MR. BAIZ: Okay. And anything exceeding that two inch containment is an exemption. COUNCILMAN KRUPSKI: It is an act of god. TOWN ATTORNEY FINNEGAN: Right. It is not required to be kept on site. MR. BAIZ: Thank you. ANN MURRAY: Hi, I am Ann Murray from the North Fork Environmental Council. I wanted to echo Frank and some other people about what appears to be an ag exemption, maybe it is not but it is sort of unclear when you read the whole thing which we have done. SUPERVISOR RUSSELL: Sure, that is fair. MS. MURRAY: I think you should revisit that and maybe spell out what they are exempt from and what they are not. SUPERVISOR RUSSELL: That is fair. MS. MURRAY: And also I think, you know, people's fears about measuring rainfall, I mean, I don't think that this is an effort by the Town Board to be big brother, I think it is an effort to do the right thing by the environment and I think it is great. SUPERVISOR RUSSELL: And it is an empirical engineering process, at the beginning of the plan not after the rain comes. MS. MURRAY: Right. And the other thing that I wanted to mention is the letter from us that Tom read includes a mention of this wetlands protection weaknesses and corrections report that the NFEC did recently, all of you should be getting copies and we welcome your comments on that when you have time to review it. Thank you. SUPERVISOR RUSSELL: I just have to say, there are a lot of people out there tonight. I knew you were here to yell at us for something. You had me fooled, I thought it was the St. Patty's Day parade in Cutchogue. I am sorry. Would anybody else like to address the Town Board? Page 80 February 27,2007 Town of Southold Board Meeting Minutes Bob? BOB VAN BOURGONDIEN: Bob Van Bourgondien, a farmer in Peconic. What Pat Moore said earlier is very apropos, common sense. Agriculture to be exempt, I don't think that that is the intention of the way I read it was written. The common sense thing to do as we did in 1973 when we moved out here, is we contacted Soil and Water. Their first plan didn't work for controlling runoff, so we went back to them again about 7 years later. With their expertise, we were able to solve the problem on our farm. Soil and Water is not a difficult thing to do for agriculture. SUPERVISOR RUSSELL: As a practical thing issue, when you come in for the building permit for the greenhouses, you are probably submitting a drainage plan anyway on those greenhouses, so it is not like it is not being addressed. Would anybody else like to address the Town Board on this? (No response) Hearing none, can I get a motion to close? RESULT: CLOSED [UNANIMOUS) MOVER: William P. Edwards, Councilman SECONDER: Daniel C. Ross, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. 3. PH Comm Pres. Bond 2/27/07 5:05 PM COMMENTS - Current Meeting: COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold hereby sets February 27. 2007 at 5:05 p.m. at Southold Town Hall, 53095 Main Road, Southold, NY, as the time and place to hold a public hearing on the Question of authorizinl!: $22.5 million in bonds, said funds to be used to acquire and manage interests and rights in real property in furtherance of Chapter 17 Community Preservation Fund of the Code of the Town of Southold. It has appeared as a brief legal in the local newspaper, the Suffolk Times and it has also appeared on the Town Clerk's bulletin board outside and this is a public hearing that does not have a great deal of planning attachments to it so there are no further communications in the file. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this issue? BERNARD HEINISCH: My name is Bernard Heinisch, I live on County Road 48. I would like to know approximately how many millions in bonds we already have for agricultural? SUPERVISOR RUSSELL: Right now? I would say we have access to about $23 million, $13 million which is money in the Community Preservation Fund and about $10 million in bonds that have been authorized by the voters over the years but we have never gone to the bond market for. MR. HEINISCH: Okay. So now you are going to be over $50 million. How is the interest and the principal paid on these bonds? Page 81 February 27, 2007 Town of South old Board Meeting Minutes SUPERVISOR RUSSELL: In the CPF fund there is no interest, that money, that is available each year through the sale or transactions in real estate. The bonds, they will be budgeted for. If we have to go to the bond market right now to access the $10 million, we will need to find a way to budget in December approximately $700,000 worth of debt service, $600,000 worth of debt service. Those are things to be worked out when we have the budget hearings in November. MR. HEINISCH: How would this money be paid? Out of the general fund or out of the 2 %.... SUPERVISOR RUSSELL: Out of the general fund. The voters have authorized this already. We have, we are not, we wouldn't go to the bond market for bonds that hadn't already been authorized by the voters. So, the voters have authorized the use of their tax dollars to pay the debt service on those bonds. MR. HEINISCH: But this new one... SUPERVISOR RUSSELL: Oh, this one. In this particular one, this is to access future, anticipated revenue. My presumption is we will finance through the regular... COUNCILMAN EDWARDS: Through the regular 2% fund. The 2% fund in the year 2005 produced about $7 million for the Town. In the year 2006 the number is in the $5.8 million area, reflecting some softening in price, some reduced activity and also, in 2005 it peaked a little bit because of Peconic Landing was in there. We have made what we think are very conservative assumptions that if it were to drop as low as $5 million for a year for a couple of years because we can't expect the real estate market to pick up too quickly, this will only take up $2.5 million of the anticipated flow from the 2% funds. So we feel it is a very conservative use of monies, that the majority of the money coming in on the 2% should remain available for other acquisitions but in order to make the acquisitions that are on the table right now, we would like to be able to bond. It should also be mentioned that all four of the other east end towns have already bonded against the 2% because they have had opportunities and finally we have opportunities that are greater than the cash on hand. SUPERVISOR RUSSELL: As a clarification, I am sorry, I talked about the taxes for the existing bonds. For this you are talking about, every dollar of this would be paid for through future CPF or transfer earnings. Community Preservation Fund earnings, not one dollar would come from a regular tax levy. COUNCILMAN EDWARDS: Exactly. SUPERVISOR RUSSELL: We are borrowing against money that we know we are going to be making over the next 20 years. MR. HEINISCH: Okay. And not out of capital funds? SUPERVISOR RUSSELL: No. Page 82 February 27, 2007 Town of Southold Board Meeting Minutes COUNCILMAN EDWARDS: No, definitely not. SUPERVISOR RUSSELL: No, that was another issue. MR. HEINISCH: Thank you. LAURA BAVARO: Hi, my name is Laura Bavaro, I am director of Terrestrial Programs for the Nature Conservancy and I am also a Southold resident. I personally and also we at the Nature Conservancy thank you for considering the resolution to bond $22.5 million by borrowing against anticipated CPF revenues. And as you all know, land protection is a proven strategy to protect critically important habitat. Nature Conservancy sees Southold as an extremely important partner for protecting bio-diversity on Long Island, which is Nature Conservancy's main mission. And we have enjoyed working with you on several initiatives, including Peconic estuary programs as well as protecting the watershed at Pipe's Cove. Protecting an eco-system through land protection is many times a once in a lifetime chance because if the public funds aren't there to protect that parcel, another buyer might come along and then develop it and then it is gone forever. As Councilman Edwards mentioned because of this fact that it is just a once in a lifetime chance and that land values continue to rise Riverhead, Southampton, East Hampton and Shelter Island have already borrowed against their future CPF revenues. And also as an aside, the county has also borrowed against future things there for land protection through their y., percent sales tax. We look forward to continued collaborations with you and we really urge you to pass this resolution. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up before the Town Board? John? JOHN NICKLES, JR.: More of a question, really. I didn't quite get the numbers. You say you how many millions of dollars available through the.... SUPERVISOR RUSSELL: About, without discussing.. MR. NICKLES: Without discussing that. SUPERVISOR RUSSELL: 23. MR. NICKLES: Okay. 23. SUPERVISOR RUSSELL: And offers out there far exceeding 23. I have to tell you the pace of preservation has picked up briskly in the past year. These are properties that we have been pursuing for years. Republican boards, Democratic boards, the same properties have been there for a long time. They are finally coming into the door and they are accepting offers. Melissa's office, Melissa with the Land Preservation Committee, has been working day and night to get these things done. It has been a, look, it is a good news thing, at least from my point of view because you know, you and I are in agreement on some of these things. You want to preserve it, than go and buy it. Well, that is exactly what we are doing. Page 83 February 27, 2007 Town of Southold Board Meeting Minutes MR. NICKLES: That is a great point. So, I guess you will have some great news to be announcing to the Town of Southold. There is going to be about $50 million worth of preservation happening in the next couple of years. Is that correct? COUNCILMAN WICKHAM: Maybe I can address that. As Scott said, there is something over $20 million that we have access to at this time. MR. NICKLES: One particular project? Or are you talking the amount of several? COUNCILMAN WICKHAM: There is just over $20 million that we have access to at this time. MR. NICKLES: Right. COUNCILMAN WICKHAM: We have just about $20 million worth of projects in the pipeline. We expect virtually all of them to come to fruition. At the rate that we have been going, that money will be used up by July of this year probably. June, July in that range. Some may drop out, some other projects may come on but all indications are that we will have expended that money and preserved that much land by the middle of this year. The proposal that we are making here, the bond proposal that we have before us today which is out for public hearing calls for borrowing $23, $22.5 million and that is the number, where did that number come from? That is the amount of money that we can borrow by paying an amortization every year equal to about half of what we take in with the 2 % transfer tax. Using that 2 % transfer tax and applying it to payoff that bond until the end of the period that we can appropriate that tax will allow us to borrow about $22.5 million. The purpose of doing it is that we can purchase that property now, this year and next year, before the prices go higher and while there are willing sellers out there that want to participate in the program. So we think it is a prudent thing to do and it will give us, the Town, the opportunity to continue the program after June, July or so of this year when we will expect to exhaust our current resources. And I might add, there are on the order of another $20 million of possible acquisitions that are not yet certain but have expressed interest, have come to the Town and would like to participate in one form or another. MR. NICKLES: Okay. Thank you. SUPERVISOR RUSSELL: Thanks, John. Would anybody else like to address the Town Board on this? Supervisor? Josh Horton? You earned that title. JOSHUA HORTON: Good evening, Josh Horton, Village of Greenport. I just wanted to touch base with you on a couple of things. One on this hearing and then something post hearing. But in regard to the bonding of $22.5 million against future earnings of the CPF, now is definitely the time to do that. When you say you have close to $20 million in the pipeline that could be expended by July; take advantage of the market where it is. I mean, right now we have heard from a couple of different people that the market has softened a bit. It puts the Town a little closer to where you want to be, which is in the drivers seat. You know, two, three years ago when developers would offer $100,000 to $150,000 an acre and the Town could cough up $20,000 to $30,000 you know, difficult to compete with that. But now you are in a position Page 84 February 27,2007 Town of South old Board Meeting Minutes where the playing field is leveling out a bit, between the Town what you can offer and perhaps what developers or potential purchasers of the land are willing to speculate on. So I think now is definitely the time to do it and I think it is really important to drive home the fact that this isn't a tax on the general fund, this is a tax or this is a bond that will be repaid by earnings that are continuously coming in on an annual basis, monthly, weekly basis. And it is what, extended to the year 2030 now? SUPERVISOR RUSSELL: Yes, 2030. MR. HORTON: And I think this is conservatively about half of that amount, so obviously there is plenty of cushion there and plenty of opportunity to continue to preserve even beyond this noted bond issuance. The couple of other points that I think are really important to note here is you know, buy now or let it be developed and pay later. If we can buy these properties, not only is there the benefit to the environment if we are purchasing land surrounding estuaries or open space to preserve wildlife habitat and then preserving the business of agriculture through the purchasing of development rights but you are also creating a framework for tax stability, increase, increase stability if you will for lack of a better description, you know, in our school taxes. Because we do know, it has been proven that land preservation does have that effect. While it does take some lands off the tax rolls, it is not nearly the amount that would be put into the school systems and put on the shoulders of the tax payers. So preservation pays in more ways than one obviously. You know, that being said, combined with your efforts to assure local working people can stay here and find a place to live and continue to raise their families, combined with a balance of preservation. Obviously you are hitting that right balance, so the school tax implications here are paramount and really important to recognize in your efforts and I think you have all hit on that and I applaud and support your efforts in this regard. And that is really, you know I always looked forward to the opportunity where I might be able to get up here and say a couple of things and then go home for dinner while you guys are sitting there running the Town. But no, thank you, it is a great idea and the last point that I would also hit on and I think you refer to this often in your decisions is that you know, this isn't a willy nilly decision. There has been a lot of analysis that has gone into this, the legal analysis. Obviously Melissa Spiro who is renowned in the field, is recommending that this is something, I am assuming you are going to recommend it, Melissa? John Cushman, who is a sage in the municipal finance throughout the business not only in the east end but in the field, you know, these people are saying it is the time to do it and it is a safe bet. Let's do it. It helps everybody. Thanks and congratulations. SUPERVISOR RUSSELL: Thank you very much. One other point also. The rules have changed a little. Suffolk county has made it perfectly clear they will not spend any money in Southold Town unless we match the money. We need to be in a position to leverage as much of that county money as possible. This is going to be one of those ways we are going to be able to do that. That is going to be the future of preservation for the next few years, at least with Suffolk County, is that we are going to have to be in for a substantial match and if we want to keep that money coming, we need to have money in place to do that. So, anyway thank you very much, Josh, for your statements. Page 85 February 27, 2007 Town of Southold Board Meeting Minutes BOB DELUCA: Good evening, Mr. Supervisor and members of the Town Board. My name is Bob DeLuca, I live at 175 The Crossway, East Marion. And I would like to add my voice to Mr. Horton's in supporting your efforts to go forward with this bonding. In my day job I serve as the director of Group for the South Fork, so on the other side of the bay but I have been involved in the CPF for some period of time and one thing, I just want to give you a sort of a report from the south side and the way that things have worked down there, the access to this available funding going forward, you know, the ability to borrow against anticipated revenue has been absolutely critical to the success of the programs. In East Hampton, for example, they bonded against anticipated revenue almost from the day that they started with the Community Preservation Fund because the marketplace was so hot that they simply would have been outbid or outrun to the finish line in terms of the acquisitions that they did there and they have done, you know, the Town of East Hampton has about 48 to 50 % of its property now in preservation. They have done a fantastic job against unbelievable odds. The Town of Southampton, which has a fairly good revenue stream, is also finding that there is a need to go out and to borrow this anticipated money and I think the Town of Southold really, it would be a great addition to what the other towns are doing. I can also tell you that just as you said, you know, we are always asking Suffolk County to come on board with various projects and we know as you do that one of the criteria is that you have to match their match, so you don't want to leave that money on the table if you can help it. This will you to achieve that and I think at the same time, all of these efforts toward acquisition at this particular time in the real estate market where you have a little more opportunity, you know, it helps you to achieve the goals of the Peconic Estuary plan, your own comprehensive plan and also the county partnerships that are out there all at the same time. I was very happy to vote for this every time I had the chance and I would vote for it more if I could and I really appreciate your efforts to move the program forward and get the best acquisitions that you can for the dollars when the market is in the best position to do so. At least the best position it has been in. So, thank you. SUPERVISOR RUSSELL: Thank you very much. Would anyone else like to come before the Town Board and address us on this particular public hearing? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi, Melissa Spiro. I waited until the end so that I didn't have to say that much and hold you any longer but all the comments here tonight were really just great and wonderful and I would just like to mention our program is up and running right now, we have been asked a lot in the past years about why we hadn't bonded. We didn't have the need to bond. Now we do and it is just a wonderful that is supported by the Land Preservation Committee and myself, to have the Town Board go ahead, we gave a lot of thought to this in the last couple of weeks and months. Now is the time to do it, this will keep our program, which I think is really the busiest it has been in the long time, not that I get that much sleep due to that but it is a good thing and just knowing that we have the ability to go out for this bond will enable the program to keep going, it will enable all the people who are out there and interested in our program at this time to come in and to keep us going forward in the same direction we have been. As I said, the Committee and I both support the adoption of this and thank you. SUPERVISOR RUSSELL: Thank you, Melissa. Page 86 February 27, 2007 Town of South old Board Meeting Minutes COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board on this issue? (No response) Okay. Can I get a motion to close this hearing? RESULT: CLOSED [UNANIMOUS) MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. 4. Statement SUPERVISOR RUSSELL: That concludes that business. Would anybody like to come up and address the Town Board on any issue of mutual interest? Mr. Horton. JOSHUA HORTON: Thanks for recognizing me. I do have to get out of here. Again, Josh Horton, Village of Greenport. And I don't know if this is something that is on your agenda or whether it is an active discussion at the Board level. I flipped through the paper last week and I can't even, I honestly don't recall the article and I hate to come before the Town Board and say I read something in the newspaper but you know, it is an opportunity to get you all in one place at the same time and touch base with you. And the article, I think it was about the traffic study and what have you and I don't know who the idea was attributed to and this is really just a blanket, to the Board, the discussion of impact fees. Or the possibility of them. And I just have to say how patently opposed to impact fees I am as a business owner in Southold Town. We operate our business in the Village of Greenport, they are not talking about impact fees there, we employ nine people and you know, with Workman's Compensation, we provide 401.k we contribute to that, we provide health benefits for our employees and we are looking, we are expanding and we are growing and I am thinking, looking at property throughout Southold Town to purchase and I am thinking down the road in 10 years if we purchase the property now, in 10 years if we have to expand, you know, the thought of A. having to purchase the development right to expand my business in the town that you know, I love and live in and want to stay in or to have to pay an impact fee, whatever that might be. It frightens me as a business owner and I think that, well, I am asking you to just sort of stop discussing and exploring that idea all together but if I can't get you to do that, please, please look at it through the lens of a business owner in Southold Town. If you take the, use the case in Riverhead, what is happening right now and I really don't want to suggest that you are actively discussing that, I don't want to propose that but I just, literally, I saw that in the paper and it concerned me but if you use the Riverhead model right now and Riverhead has got big initiatives to attract people to invest in their downtowns and redevelop, revitalize downtown Riverhead and god bless them, I hope they are successful but if you look at what is happening right now, there is only one company really investing in downtown Riverhead and that is a Fortune 500 company. That is Apollo. Apollo is really the only company that is able to cough up the money and reinvest in downtown Riverhead and I maintain and I submit the reason for that is, is because there is a development rights transfer or purchase of a development rights that has to take place in order to expand "a pre-existing, non-conforming lot". Now Riverhead, downtown Riverhead, is made up of a lot of and mostly pre-existing, non-conforming lots. And we love that. We love the feel of downtown Riverhead, we love the feel of downtown Southold and Cutchogue and it is that pre-existing, non-conforming feel of that that really quite Page 87 February 27,2007 Town of South old Board Meeting Minutes frankly is attractive to people. But the average property owner in downtown Riverhead, who is not making it on Main Street right now, in a seasonal economy that extends from the Expressway out or Roanoke Avenue out, that person can't afford to expand because they can't afford to pay $100,000 a development right and I sort of lump development rights into the impact fee category. They can't afford that. They are not making it in downtown Riverhead right now, they can't afford $100,000 for development right, if they have to buy two or three development rights on top of everything else that they are going to have to pay, it is a way to A. discourage and dissuade the local guy from investing in the community and expanding their business and attract the Fortune 500 guys that we don't want or that we are not particularly trying to attract and I think that is the unintended consequence from things like impact fees or the mandated purchasing of development rights to expand business that may be pre-existing, non-conforming and in fact, I know all of you and I have worked with all of you and I know that there is a sense of what can we do to foster local business growth and business development. I think that is a direction that is contrary to that belief of fostering local business. But I just wanted to put that on the table. I hope that I read that incorrectly and I am not just speaking sort of out of slew. SUPERVISOR RUSSELL: Actually, you read it correctly. The, what had happened was the traffic consultant, after the body of work that he did the empirical analysis for the traffic had included a series of mitigating suggestions for each of the zones throughout the towns that he had studied and each of the zones more or less had the same suggestions. One was impact fees on traffic generating, traffic generators. Another one was the roundabouts, which we all love but we can't afford and can't wait 20 years for and the third was widening the roads. The, to be honest, this Town Board hasn't had any meaningful discussion on the idea of impact fees. I wouldn't support it in any, the irony here is that they also suggested in the same study that the biggest traffic generators were wineries and farm stands and we know that we are never going to assign an impact fee on a winery or a farmstand. In fact, we have been spending money trying to get them out here to visit the wineries and the farmstands but we haven't had any discussion of any kind, I can't speak for the rest of the Board but I don't see us going in that direction at all. The TDR thing is another discussion I happen to agree with you on. I would like to talk about that another time. COUNCILMAN ROSS: But really the Riverhead impact fees you are talking about are for sanitary flow credits. MR. HORTON: No, they are not. COUNCILMAN ROSS: They are for zoning credit? In Riverhead? MR. HORTON: That is correct. That is to expand a pre-existing, non-conforming building in... SUPERVISOR RUSSELL: I don't think they need sanitary flow, they have public sewers. MR. HORTON: They have sewers. COUNCILMAN KRUPSKI: You are way ahead of us, talking about Riverhead here. We are Page 88 February 27, 2007 Town of Southold Board Meeting Minutes not... MR. HORTON: Using that as an example of an impact fee that I think would be detrimental. Whether it is the TDR or an impact fee for traffic generating use was the point I was really trying to make and you have definitely spoken to it. I appreciate it. SUPERVISOR RUSSELL: John had told me about a year ago and he is 100 percent right, if you make it so difficult for small business to invest in this Town that at the end of the day, the only people left are the CVS's. And that was when we were discussing the box store legislation, design standards and things. Weare trying to discourage one thing but promote another and that is exactly right. But I really think that that was something that was discussed in the paper because it was in the report but the town hasn't, you know, in any regard discussed that issue. MR. HORTON: I appreciate your time and congratulations on your vote on the $22.5 million. SUPERVISOR RUSSELL: Thank you very much. I appreciate your comments. TONY COCHEO: Tony Cocheo, East Marion. Southold Business Alliance. I want to reiterate what Josh had said and I think you might hear more from some other people tonight on this issue. The Town Board, reading this study and the way that we have read it, it talks about curtailing traffic, curtailing business. We are about helping the economy and the business community, the small business community in the town of Southold. And again, to reiterate the area of impact fees, to think that we want to apply a fee to hold back successful businesses and their growth and new businesses and would that fee apply to people building homes and coming out here where we say to them, well, there is going to be more traffic if you build a home and start to come on weekends or full-time. Are we going to charge a fee for that? So these things should be taken into consideration. My thought is, we need to manage traffic, rather than curtail it. And I really implore the Board to consider the small business community and its growth opportunities for the economic health of the Town of Southold. Thank you. SUPERVISOR RUSSELL: Thank you. COUNCILMAN KRUPSKI: I think what you have to remember too, is the Town Board didn't write that study. MR. COCHEO: I know. SUPERVISOR RUSSELL: We just paid $90,000 for it. COUNCILMAN WICKHAM: I don't think it was $90,000. SUPERVISOR RUSSELL: It was $90,000 I think. $80,000 on finance and it was $90,000 total. $80,000 was not budgeted for. $10,000 we had budgeted for. That is where the $90,000. COUNCILMAN WICKHAM: It was not $90,000. Page 89 February 27, 2007 Town of Southold Board Meeting Minutes COUNCILMAN KRUPSKI: Anyone else, any other comments? SUPERVISOR RUSSELL: John? JOHN NICKLES, JR: Well, the impact fee was the glaring thing in here. SUPERVISOR RUSSELL: It wasn't the St. Patty's Day parade. See, I figured you guys wrong. MR. NICKLES: So ifthat is something that this Board is just taking under advisement and there is no serious consideration to it, than that makes me happy. There are other things that are in this study though that if you support and the mitigating traffic concepts like volume and capacity ratios and doing those types of things and putting caps on volume and capacity ratios in different parts of town, not just for Cross Sound ferry but establishing some type of law that is going to make that apply to all businesses or all development in the Town of Southold, that is a pretty serious matter right there as well beyond the impact fees. So I am very concerned about some of the things I read in here. I think that you really could have gotten some better information on how to mitigate the existing traffic. Instead what you got here is a document that looks like it is built to figure out another way to extract a fee out of somebody. Another way to control all the growth that is going on in town not just the ferry but all the businesses, all future residential development and it's from, from an outsider looking in, it makes me very concerned that this is a study that was done and I think that at least according to here, when the traffic volume was counted was in the middle of last sununer and I think we were all wondering where the study was. It took a very long time for it to come. Just from an outsider looking in it looks like some of this stuff has been contrived and it maybe is not the result that the Town was looking for to control the ferry or it didn't produce the zone I is showing where the biggest problems are, so it looks like these other zones have to be part of these recommendations which could have anything to do from impact fees to volume and capacity ratios and I am concerned. Thanks. SUPERVISOR RUSSELL: Thank you, John. I am sorry, I didn't see John Cushman. I hate to put you on the spot. John, how much was our traffic study? About $80,000? JOHN CUSHMAN: Inaudible SUPERVISOR RUSSELL: You have been at this game longer than me, John. BOB VANBOURGONDIEN: Bob Van Bourgondien. Gentlemen, live and learn. The $80,000 would have been better spent for a development right and avoided three cars. SUPERVISOR RUSSELL: You know, I have got to tell you, you all know that I voted against it but you know, it was done. We needed something, we did it, now we need, you all know that I voted against it but you know, it was done. We needed something, we did it, now we need to move forward. I think this Board is focused on having a good discussion with the ferry, solving our mutual problems and just putting this chapter behind us and moving forward. I have been meeting, with myself and Dan Ross, we have been meeting with representatives and having productive discussions and we need to stay on that course. Page 90 February 27, 2007 Town of South old Board Meeting Minutes COUNCILMAN WICKHAM: In case anyone hasn't been on the south fork and seen how traffic congestion can really tie up a part of eastern Long Island, just go there. We have an incipient traffic problem here on the north fork. As a gentleman said a little while ago, we need to learn how to manage it. It is basically a management problem. We are not trying to curtail traffic, we are trying to primarily to manage it. In order to manage it, you need to have some idea what the problem is. You need to have some idea how much traffic we have, how best to deal with it. That is why we did a corridor wide traffic study from one end to the other. There was nothing in that traffic report that is aimed at curtailing small businesses. There is nothing in there that is aimed at trying to, there is a suggestion that we could try impact fees where there are serious problems that need to be addressed. Just a suggestion. As Scott said, nobody in the Town Board has taken that up seriously in terms of levying impact fees. In fact, when we asked the people who wrote the report is there any, are there any examples of that being done on Long Island, they said no. Are there any examples even in the state of New York? They had to go to Massachusetts to find some examples of it. I don't think that is on the horizon. I do think that there is logic and importance to that traffic study that will form part of the foundation of where we are going as a town but not in terms of taxation. COUNCILMAN ROSS: I would just mirror that. There is no discussion or consideration of impact fees, there is no consideration for caps on traffic. I don't even know how we would do it. That is not on the horizon. COUNCILMAN WICKHAM: Legally you can't. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on any issue? Stan? STAN MICKUS: Good evening. Stan Mickus with Cross Sound ferry in Orient. I am here to provide our comments on the SchneiderlSouthold Town corridor study. As this Board is well aware, when this Board resolved to accept Mr. Schneider and Schneider Engineering to conduct this corridor wide study back in June of 2006, we expressed our concerns for a number of reasons. There were questions revolving around Mr. Schneider's objectivity, his proposed methodology but most of all there were questions around his perceived conflict of interest. Mostly that Mr. Schneider had been retained and hired by Southold Citizens for Safe Roads to conduct work and testifY on behalf of that organization against both Cross Sound ferry and this Town Board, not the present Town Board but previous Town Board when we were working together back in 2001. After the submission about two weeks ago of the Schneider report our concerns have been greatly realized and we wish to go on the record with these concerns because we believe that this study was flawed in numerous ways. Much of the study appears to be based on nothing more than misguided speculation and false assumption. It also appears that the report spends an inordinate amount of time dealing with ferry related traffic issues. But at the same time, this report did recognize that volumes on State Route 25 near the ferry were the lowest of anywhere in Southold Town. It appears the ferry has been unfairly singled out in the study as a disproportionate amount dwells on ferry issues. The fact that the consultants did not even conduct traffic counts during the fall season on the north fork, with the consensus being this is Page 91 February 27,2007 Town of Southold Board Meeting Minutes one of the busiest times of the year for Southold is a clear indication that the study is flawed. In his initial scope, Mr. Schneider did report that he would be doing counts after Labor Day but he did not. References that the consultants made regarding the difficulty making a left hand turn onto State Route 25, specifically at the ferry, with no hard data such as a gap study to substantiate these claims, are entirely baseless as he simply cites "complaints" and associates these complaints with the ferry. During Mr. Schneider's presentation to the Board two weeks ago, he publicly cited figures such as Cross Sound vehicle ferries operating at 95 percent capacity and the Sea Jet as 67 percent capacity, which is absolutely false. The consultants never requested ferry ridership statistics. It is completely presumptuous for the consultant to conclude that we operate at those capacities when the facts clearly indicate otherwise. Assuming that he might have arrived at these figures based upon the location of his traffic counters is also completely flawed and misleading. His counters were placed too far west of the ferry entrance and therefore included traffic headed to the Plum Island facility, the marina and the subdivision located on Lands End Road. In fact, other traffic studies conducted by professional traffic engineers have shown that from 2004 to 2006, traffic just outside the ferry entrance has increased by only 8 percent, while at the blinking light in Greenport, just east of that, it has increased by as much as 67 percent. During this same period of time, ferry ridership has actually decreased 7 percent for vehicles and 8 percent for passengers and 5 percent for the Sea Jet. We therefore request that the Board rescind its acceptance of the Southold corridor study provided by Schneider Engineering as complete. We further request that the study not be adopted and its recommendations not be implemented due to its abundant flaws, gross and baseless assumptions and its clear bias against one business in town, Cross Sound ferry. He did make one note as well, and I found this completely unbelievable. Finally on page 39 the report states, 'Port Jefferson would welcome the expansion of the ferry since the shop owners welcome the congestion.' He never provided any source for this statement, it seems completely out of context and if any statement that would be as arbitrary and as baseless backed up by nothing, no facts, studies or surveys, should not be part of the Town accepted report. So, thank you for your time. I do have a letter that I would like to submit it for the record. COUNCILMAN ROSS: Mr. Mickus, you indicated that the consultant never requested ridership information. MR. MICKUS: He did not. COUNCILMAN ROSS: Last time you were before this Board, I requested it and the request is out standing. We would love to have it. It would help in our endeavors and if, you know, you provided us with a weekend of ridership, we understand it is the biggest weekend, the most traveled weekend but if we could have a broader look at what your actual carrying capacities or actual ridership, cars and passengers, it would be tremendously helpful and I just reiterate that request. MR. MICKUS: And we have made it clear to a few of you, that as per terms of settlement, we would share, be happy to share ridership figures with you. As per terms of settlement. COUNCILMAN KRUPSKI: And I think that would be, that is a step in the right direction. Page 92 February 27, 2007 Town of South old Board Meeting Minutes Because you have the Supervisor and Councilman Ross who are happy to meet with you, who have met with you and I think that the whole Board has a will to resolve this problem. MR. MICKUS: And there has been positive dialogue. As the Supervisor has mentioned and some of you have been part of that, so we appreciate that. SUPERVISOR RUSSELL: Thanks, Stan. Would anybody else like to come up before the Town Board and discuss any issue of mutual interest? Any issue at all. MR. NICKLES, JR.: Stan makes a very good point and it was something that hadn't occurred to me but has occurred to me in past studies, after the fact, after adopted. If the Town Board doesn't think that impact fees are something that they agree with, if they don't think that volume capacity limits in the Town of Southold are something that they agree with; we all like the roundabouts, we have heard that idea before. But otherwise, this study seems to lack a lot of merit and I would also ask the Town Board not to have adopted this. If you have already adopted it, to rescind it. It is just going to get brought back out at some later date and the context of this meeting will be forgotten. But the black and white will be remembered. And somebody will say, look, in 2007 this is the study that the Town paid for and adopted, by the way, and it happens time and time again. I would like you to set a precedent here. Thank you. SUPERVISOR RUSSELL: Just let me point out one thing. That same study says we should give you 100 or 200 parking spaces out there so, there are aspects of it maybe we can work with. I guarantee you in any study that is done, there is going to be huge points of contention but let's continue with the dialogue and see where we are going, not focus entirely on one study. Would anybody else like to address the Town Board? (No response) Okay, can I get a motion to adjourn? 5. 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 6:25 P.M. * * * * * r!!~4/a10-q'f(A~ Eliza eth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Page 93