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HomeMy WebLinkAboutTB-05/08/2007 ELIZABETH A. NEVILLE TOWN CLERK Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 -1800 southoldtown.northfork.net REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES May 8, 2007 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, May 8, 2007 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 7:30 PM with the Pledge of Allegiance to the Flag. Attendee Name Organization Title Status Arrived Albert Krupski Jr. Town of Southold Councilman Present William P. Edwards Town of South old Councilman Present Daniel C. Ross Town of South old Councilman Present Thomas H. Wickham Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice Present Scott Russell Town of South old Supervisor Present Elizabeth A Neville Town of Southold Town Clerk Present Patricia A Finne an Town of South old Town Attorne Present I. Reports 1. Land Tracking I st Quarter of 2007 2. Program for the Disabled April 2007 Events II. Public Notices 1. Notice of Complete Application Laskos Property 2. Suffolk County Industrial Development Agency Public Hearing May 29, 2007 at 10:00 AM at ELlH conference room in connection with Eastern Long Island Hospital Association Bond Page I May 8, 2007 Southold Town Board Meeting Minutes 3. Army Corp of Engineers Notice of application by Fishers Island Utility Company to remove dilapidated bulkhead and dock and construct dock, ramp and float. West Harbor, Fishers Island 4. Suffolk County Department of Health Services Public Health Hearing on Tuesday, May 15,2007 from 3:00PM to 5:00PM at 225 Rabro Dr East., Hauppauge, to allow residents to voice opinions and concerns with regard to the quality of Suffolk County's health care delivery system and how it services their needs. III. Communications 1. Letter to Highway Superintendent and His Staff Bill and Kathy Fibkins thanks Highway Department for facilitating the cleanup of boat ramp and effort to pave lower part of Indian Neck. IV. Discussion 1. 9:00 A.M. - Setback From Bluffs - ZBA & Waltz Decision Mike Verity 2. 9:30 A.M. - New Suffolk Drainage Project Jamie Richter 3. 10:00 A.M. - Horton Point Lighthouse Josh Horton, Gordon Moore 4. 10:30 A.M. - Media Traq Video Streaming Webcasting Daryl Blowes 5. 11:00 A.M. - Police Advisory Committee Gunther Geiss, Henry Flinter 6. Wind Energy Local Law 7. Vehicle & Traffic Local Law 8. Set Up Code Committee Meeting - Merger & Waiver - Animals, Livestock in residential areas - Recreational Uses as Special Exceptions - Other? Page 2 May 8, 2007 Southold Town Board Meeting Minutes 9. Orient by the Sea Roads 10. Property Tax Council Update Supervisor Russell 11. Mooring Code Update 12. Architectural Review Committee Mission Statement 13. Peconic School 14. Parking by Mattituck & Greenport Schools 15. Executive Session Personnel 16. 12:30 P.M. Executive Session Property Acquisition - Melissa Spiro 17. 12:45 P.M. - Executive Session Litigation - Lori Montefusco, Eric Bressler 18. Executive Session Attorney-Client V. SDecial Presentation 1. 7:30 P.M. - Arbor Day Poster Presentation COMMENTS - Current Meeting: DAVE CICHANOWICZ: What we do every year is we invite the 5th grade of all the schools in Southold township to create a poster that reflects Arbor Day. We have gotten wonderful response from them and great response with the teacher's help. We sit down as a committee and pick through these dozens and dozens of posters. It came down to not one winner but two. We got hung up on it and we decided we are going to be a little extra generous this year. And one of the winners is Shannon Geyer, this is her poster. UNIDENTIFIED: What does it say? MR. CICHANOWICZ: "Plant a tree, big or small, either way you help us all." The other one is to Michelle Serabea. Each ofthese recipients will be receiving a tree planted at their school this fall, courtesy of the Southold Town Tree Committee. SUPERVISOR RUSSELL: Thank you. I would also like to say, I don't know if there was a Page 3 May 8, 2007 Southold Town Board Meeting Minutes communication problem but the children are always welcome to come back at a future Board meeting to get the due recognition. The competition each year is amazing. What all these students do and the difficulty of making the decisions, I wouldn't want to be in your shoes. But every year it is amazing, the poignancy and the succinct message that these children come up with. So, I applaud every single one of them for every single poster you see on this wall. VI. Resolutions 1. Statement SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. Thank you. Would anybody like to address the Town, first let me just tell you before we get into the regular meeting, we were hoping to have a ceremony tonight to recognize two winners of the annual tree poster contest. We don't see the winners here yet, so we will go into the regular meeting and when they come, I am going to introduce the Tree Committee Chairman and then we will have a ceremony then, if that is okay. Would anybody like to come up and address the Town Board on any issue that appears on the agenda? Dave. DAVE BERGEN: Good evening, Dave Bergen from Cutchogue representing the Trustees. Two items, number 437 a budget modification for the pump out boat, that is to go into equipment and I don't know if there were any questions on that. That is to fund the equipment for the Fishers Island boat and that when we established the budget they had predicted that they would be able to get local donations to help equip the boat and they weren't able to do that yet and with the season upon us we wanted to go ahead and provide the money for them to equip the boat with lines and bumpers and things, so that is where a lot of that is. JUSTICE EVANS: Did you go out there today, Dave? Where you one of the Trustees? MR. BERGEN: No. No, I did not. And then 438, I appreciate you authorizing us continuing to advertise for an operator for the Southold Town local pump out boat because we did advertise for several weeks, we did not get the applicants that we needed so we are still looking to fill those positions. What I didn't notice on there that was a request for a budget modification for $1,000 for commissioning the boat and I thought that that was going to come up at this meeting. I don't see a resolution there and I, because we needed it to commission the boat for the spring season. SUPERVISOR RUSSELL: Yes, that was what I talked to you about? MR. BERGEN: Yes. SUPERVISOR RUSSELL: I don't need to do a budget mod for that out of your budget because there is no money in that budget, so I told you, if you just go ahead and have them do it, I will work with John and we will find the funds from another line item from another budget. MR. BERGEN: Great. Okay. Thank you very much, I really appreciate it and the Trustees really appreciate your support of this program. Page 4 May 8, 2007 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Sure. Would anybody else like to come up and address the Town Board on any agenda item? Mrs. Egan? JOAN EGAN: Good evening. Joan Egan from East Marion. Oh, item 388, all of these new laws that you will be voting on, will there be copies sent to the motor vehicle bureau in Riverhead and of course at our police department and copies provided to the local newspapers? SUPERVISOR RUSSELL: Are you talking about the fines? Is that 338? MS. EGAN: Yes. SUPERVISOR RUSSELL: I think that was already advertised in the local papers. And the.... JUSTICE EVANS: And we already had the hearing, too. SUPERVISOR RUSSELL: And then all of that would be at local discretion. I don't see the need to notify the motor vehicle board, they are not involved for penalties in vehicle and traffic offenses. We are. MS. EGAN: Oh. Yeah, so they wouldn't have any input on it? SUPERVISOR RUSSELL: No. MS. EGAN: But there would be copies of all of this at the police station? SUPERVISOR RUSSELL: Oh, absolutely. MS. EGAN: Good. And it should be run again in the newspapers at least one or two more times, at least I think so. Item 430, that is for the Greenport flashing light and we were supposed to get one by Mattituck also, weren't we? SUPERVISOR RUSSELL: That is right. The state has agreed to pay for the blinking light, the flashing light at the Greenport school. What happens is, we take, we create an inter-municipal agreement, we agree to maintain that. That is what the maintenance agreement is. We are waiting on one for Mattituck as well. MS. EGAN: Yeah. Now when does the speed limit change by the Town beach? Before Memorial Day or after? You don't know. SUPERVISOR RUSSELL: I don't know that we voted on changing the speed limit there. MS. EGAN: You usually do. TOWN ATTORNEY FINNEGAN: Depending on the time of year. Page 5 May 8, 2007 Southold Town Board Meeting Minutes MS. EGAN: It usually goes down at least 10 before Memorial Day. SUPERVISOR RUSSELL: Oh, it does? JUSTICE EVANS: We have to look at the code. SUPERVISOR RUSSELL: I'll have to keep that in mind when I am traveling that route. COUNCILMAN KRUPSKI: Especially with the increased fine schedule. SUPERVISOR RUSSELL: That is right. You know I have been driving for 30 years, somebody should have told me that before. UNIDENTIFIED: You never noticed it, Scott? SUPERVISOR RUSSELL: No. UNIDENTIFIED: It has been that way from Memorial Day to a little after Labor Day. It always changes then. TOWN ATTORNEY FINNEGAN: I don't think we do it (inaudible) the sign just changes. The speed limit sign. MS. EGAN: Our police officers all know about it and I know where all their hiding places are. They do have a new hiding place, you know that don't you? SUPERVISOR RUSSELL: Don't share it with the public! MS. EGAN: Why not? SUPERVISOR RUSSELL: Because that is revenue. MS. EGAN: Oh, never mind. There is goodwill, also, dear. SUPERVISOR RUSSELL: I know. You are right. MS. EGAN: Down where the Sea Shell used to be, they have that big new high fence, so if you are heading west, they are right behind that big, big fence. Now, the 434, the Recreation Center, it is in pretty good shape? SUPERVISOR RUSSELL: It needs to be in better shape. We are getting there. MS. EGAN: We are getting there. SUPERVISOR RUSSELL: And by that, I mean the building. Page 6 May 8, 2007 Southold Town Board Meeting Minutes MS. EGAN: Pardon? SUPERVISOR RUSSELL: By that I mean the building. The building needs to be in better shape. Weare getting there. MS. EGAN: Good. Item 435. Now on those you only have three, one, two, three seasonal police officers. We certainly need more of that, more of them. Is that all we are going to have for the season, is three more? SUPERVISOR RUSSELL: I don't know what the policy is on that, whether we were generally, I don't recall ever having more than three. MS. EGAN: I am not sure myself. SUPERVISOR RUSSELL: It is probably governed by the PBA contract, right? I mean how many seasonals can we hire? I don't know. I will certainly find out for you. MS. EGAN: And I will check with you. You know that. Now, does anybody know, since Mayor Kapellleft, whether you still have the Guardian Angels in Greenport? SUPERVISOR RUSSELL: I can't speak to the issue. MS. EGAN: Anybody? I will check and let you know. And 440, the Town dump. More money. Always more money. And if they do install an overhead garage electrically, I would hope, as we said before, that it can be operated manually also, in case there is a power outage. SUPERVISOR RUSSELL: Mmmhmm. MS. EGAN: Correct? SUPERVISOR RUSSELL: Yes, that is true. Also, at the kind of money we just spent up there, I would rather not use the word dump but the transfer station, if you don't mind. MS. EGAN: It will always be the dump. SUPERVISOR RUSSELL: Touche. MS. EGAN: The dump is the dump is the dump. Oh, Mr. Corazzini, this starts with 441 and he is involved in many of them. Mr. Corazzini has run-off soil, for starters, Mr. Corazzini also used to fly the American flag atop there and then at Christmas he put a, Mr. Ross, your head is not falling off, is it? He put a Christmas tree and now it looks likes the Christmas tree is there and not the flag. We spend that much money, I think he can contain his run-off soil there in Greenport and have a nice American flag. Oh, what is 450 all about? Page 7 May 8, 2007 Southold Town Board Meeting Minutes JUSTICE EVANS: That is the airport on Fishers Island. MS. EGAN: Yeah. JUSTICE EVANS: The ferry district runs that and it is paid for through the ferry district taxes. And I think that they probably have a grant that is actually covering the costs there. SUPERVISOR RUSSELL: It is an airport, it has federal standing, so they do qualify for a lot grants for their operational costs. However, we are just sanctioning this, it is not a cost to the taxpayers on this side of Southold Town. This is borne by the ferry district, the ferry district runs it. JUSTICE EVANS: A grant that covers the cost of this. MS. EGAN: Oh, good. Item 457, you had mentioned that before and if we do purchase it as a community center, when do you think it might be operable? SUPERVISOR RUSSELL: This, what you see here is actually a public notice of a public hearing, an opportunity for the public to weigh in on, so that is three weeks from now. MS. EGAN: Oh, I see. SUPERVISOR RUSSELL: We would have to get the feedback from the public and if it is affirmative, notify the school that we have accepted the offer. They would have to go out to their voters with a special vote because they cannot sell their property without a vote of the taxpayers. I don't know when they would look to schedule their vote but presumably hopefully sometime within the next few months. MS. EGAN: Oh, good. Now, on item 458, there is this kind of litigation costs us a great deal of money, is it worth it to pursue it... SUPERVISOR RUSSELL: Without a doubt. MS. EGAN: Without a doubt. SUPERVISOR RUSSELL: In this particular case, without a doubt. MS. EGAN: Good. Uh, 459, what more are we doing about Town Hall agendas? I would imagine this is in relationship to the agendas, is it not? 459? I didn't quite understand it. SUPERVISOR RUSSELL: 459 is actually to allow someone who can currently access the Town Hall minutes of a meeting on the website, this would actually allow someone to access the taped meeting itself. If you were to go to the website and click on a link, you will be able to get a little snippet of the recording of that time in the meeting that you want to hear about. In other words, if there was a resolution or public hearing set for 7:50, you would be able to go in onto the Page 8 May 8, 2007 Southold Town Board Meeting Minutes website and click in and get that timeframe downloaded right on to your computer. MS. EGAN: I don't see why we should have to pay to do that. I don't see why the taxpayer, I don't have this kind of equipment and I don't see why you have to spend this money and another monthly fee of$375.... COUNCILMAN ROSS: It is really an experimental basis, we want to see... MS. EGAN: Oh, it is an experiment? Why don't you experiment or chip in and you all chip in on an experiment on your money, not the taxpayers money? COUNCILMAN ROSS: This will allow your fans to see you 24 hours a day. Basically... MS. EGAN: Oh, come on, hey, listen... COUNCILMAN ROSS: Mrs. Egan, Mrs. Egan, we want to see if the public, we are going do this on a test run, we are going to see if the public responds and says they like it or they don't like it. It is going to allow them to see these meetings on their computers. So, we are doing it on a test basis... MS. EGAN: I think that that is terribly, terribly unfair. I don't have a computer, my family would like me to get one but I am not going to and I see no reason why we should be spending this money for those people. This isn't that big a deal, that they need it on a 24 hour basis. This is absolutely wrong. SUPERVISOR RUSSELL: You know, we had that discussion. You raise some very good points and we actually had that discussion today. We were wrestling with two issues; not spending money that the taxpayers don't want us to spend and then at the same time, try to bring as much transparency to what we do as possible. The idea is to have the Town Board's activities available to the public so if someone, I am running for reelection in November, it is no secret, but if someone wants to know what my comments were regarding a specific issue in August or whenever the issue might have been, they should be able to link in and judge for themselves whether what I said was agreeable to their point of view or not. All it is is an issue of transparency. To know where the elected officials stand on the given issues. It is just, it is no different than broadcasting it on channel 22 and someone could be here right now saying I don't own a television, why are we paying to broadcast it on channel 22? I know many people that don't have a television. They could be making that same argument right now but we are trying to balance fiscal responsibility with the idea of bringing as much information and transparency to the public as possible. As Councilman Wickham suggested, let's try it for a few months to see if this is what the public wants. And there is no commitment on our part, we can withdraw at any time. It is a month to month charge of $375 and we can decide in 3 months the public really hasn't really been receptive, they don't see any need for this so we can extinguish the idea at that point. MS. EGAN: Uh... Page 9 May 8, 2007 Southold Town Board Meeting Minutes COUNCILMAN WICKHAM: It won't take the place of this. SUPERVISOR RUSSELL: It won't take the place of this, it will be an addendum MS. EGAN: I think it is ridiculous, I think people have more than enough opportunity to get copies of the agenda out there. It is in the newspaper, it is on channel 22, I think this is another waste of money. SUPERVISOR RUSSELL: What this is authorizing is for this dialogue between myself and you right now, for someone to go onto their computer and click in and watch me and you in dialogue. It is exactly what you see on channel 22. It is just that you will be able to hone in on the issues that are of particular pertinence to you. MS. EGAN: Now, now SUPERVISOR RUSSELL: It in no way replaces 22. MS. EGAN: Excuse me, now, how is the general public, who doesn't respond, who doesn't come to Town Hall meetings, who maybe scans the paper or maybe looks at it a little bit on 22, how are they going to know that this is going to be available to them? Did we send out a special mailing that will cost us a fortune to let them know about this? SUPERVISOR RUSSELL: We will announce it on our website, which happens to get quite a few hits everyday. And let me tell you, the people are more engaged than you think. You are probably the most well-known person in Southold Town because of channel 22. That is the reality. And this is, all we are offering is in the computer form... MS. EGAN: Are you jealous of me? SUPERVISOR RUSSELL: Sometimes I am. And what we are doing is offering in a computer format what we are already offering in a television format and the television format is staying the same but instead of having to follow the schedule of the 3:00 broadcast and the 7:00 broadcast, you can go in when you get home at midnight and if you so desire, watch our show on your computer. It is offering the same format in a different venue. COUNCILMAN ROSS: Give it three months, Mrs. Egan. We will talk about it in September. MS. EGAN: You are wrong. It is absolutely wrong. JUSTICE EVANS: And not everyone gets cable, to watch channel 22. We don't. SUPERVISOR RUSSELL: Yeah, many people don't now, with the direct... MS. EGAN: Thank you. Page 10 May 8, 2007 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board on any issue besides that? No, I am just joking. Any issue. DAVE CHICANOWICZ: Dave Chicanowicz from Southold. I am also the chairperson of the Stakeholders for Peconic hamlet. And the Peconic elementary school, I think, would be a great asset to the Town, so I really think they should go forward. Discussions in the past about how the, you have a lot of trouble with the judicial system here and crowding of the Town Hall, it would be an ideal spot for that. It fits the mold of what the hamlet of Peconic has become and it would be, I fully enforce you to go after it. SUPERVISOR RUSSELL: Thank you, I agree with you 100%. COUNCILMAN KRUPSKI: Thank you. MR. CHICANOWICZ: Secondly, I don't believe our children are going to show up for their awards, so maybe we can proceed without it, if that is okay. SUPERVISOR RUSSELL: Absolutely. Let me just, I will get the agenda done and then we will come back to that. Would anybody else like to address on any issue that appears on the agenda? (No response) Okay, hearing none, what we are going to do is go into the regular meeting. The first order of business, I would like to invite David Chicanowicz, chairman of the Southold Town Tree Committee to come up and make a presentation based on these poster winners. 2007-427 CATEGORY: DEPARTMENT: Audit Town Clerk Approve 5/8/07 Audit RESOLVED that the Town Board of the Town of South old hereby annroves the audit dated Mav 8. 2007. ./ Vote Record - Resolution RES-2007-427 Yes/Aye NolNay Abstain Absent iii Adopted Al~~t1l<,t11pskiJr. Voter iii 0 0 0 0 Adopted as Amended William P. Edwards Voter iii 0 0 0 0 Defeated Daniel C. Ross Voter iii 0 0 0 0 Tabled Thomas H. Wickham Seconder iii 0 0 0 0 Withdrawn Louisa P. Evans Initiator iii 0 0 0 Scott Russell Voter iii 0 0 0 2007-428 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Page II May 8, 2007 Southold Town Board Meeting Minutes Set Next TB Meetingfor May 22,2007 At 4:30 PM RESOLVED that the next Reeular Town Board Meetine ofthe Southold Town Board be held, Tuesday, Mav 22. 2007, at the Southold Town Hall, Southold, New York at 4:30 P. M. '" Vote Record - Resolution RE8-2007-428 Yes/Aye NolNay Abstain Absent ItI Adopted Albert Krupski Jr. Voter ItI 0 0 0 0 Adopted as Amended William P. Edwards Voter ItI 0 0 0 0 Defeated Daniel C. Ross Voter ItI 0 0 0 0 Tabled Thomas H. Wickham Seconder ItI 0 0 0 0 Withdrawn Louisa P. Evans Initiator ItI 0 0 0 Scott Russell Voter ItI 0 0 0 2007-388 Tabled 4/10/20077:30 PM, 4/24/20074:30 PM CA TEGOR Y: Enact Local Law DEPARTMENT: Town Clerk Enact LLfor Vehicle & Traffic Updates WHEREAS, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 13th day of March, 2007 a Local Law entitled "A Local Law in relation to Amendments to the Vehicle and Traffic Law in the Town of South old" and WHEREAS, the Town Board ofthe Town of Southold finds that this Local Law is consistent with the L WRP; and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, NOW THEREFOR BE IT RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to the Vehicle and Traffic Law in the Town of South old" reads as follows: LOCAL LAW NO. 12 of 2007 Page 12 May 8, 2007 Southold Town Board Meeting Minutes A Local Law entitled, "A Local Law in relation to Amendments to the Vehicle and Traffic Law in the Town of Southold". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to provide for the health, safety and welfare of the citizens of the Town, it is necessary for the Town Board to make amendments to the Town's vehicle and traffic regulations, including regulations regarding parking in fire lanes, handicapped spaces, and other areas, as well as updating and consolidating the fines for various infractions. II. Chapter 189 of the Code of the Town of South old is hereby amended as follows: gI89-8. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-1973] Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation punishable by a fine as set forth below not exceeding $250 or by imprisonment for a term not exceeding IS days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. Fine Penalty at 30 days Penalty Schedule Penalty at 60 days Penalty at 90 days $W$75 $100 $150 $170 III. Chapter 193 of the Code ofthe Town of Southold is hereby amended as follows: S193-3. Regulations concerning motor vehicles. A. No person in a recreational area shall: (6) Park a ','ehiele in ather than an established er designated parking area, and sllchllse saall be in aecerdanee with the pasted instrnetiens taereat tlfld with tae instrnctiens ef any attenetlflt ""fie may be present. IV. Chapter 260 of the Code of the Town of South old is hereby amended, as follows: S260-8. Parking prohibited at all times. The parking of vehicles is hereby prohibited at all times in any of the following locations and at any other location where signage indicates "No Parking": Page 13 May 8, 2007 Southold Town Board Meeting Minutes ~260-12. Public parking lots.[Added 7-7-1981 by L.L. No. 4-1981] The parking of vehicles in the 1! public parking lot leeated iR SelHhsld eR the se\ltfl side efNew Yerk Reme 25, apprsKimately 170 feet east efWells ,^.YeH\le, is herelly prehillited fer a peried leRger thaH Rye he\lfs. for a period of more than two hours is herebv prehibited at the following locations: Name of Street Side Location New York Route 25 South In Southold. appreximatelv 170 feet east of Wells Avenue New York Route 25 North In Cutchogue. east of Griffing Street. in rear of Shopping Center (except in those spaces designated bv signage authorizing parking in excess of two hours) ~260-13. Stopping prohibited at all times. [Added 8-12-1980 by L.L. No. 4-1980] The stopping of vehicles is hereby prehibited at all times in any of the following locations and at anv other location where signage indicates "No Stopping": ~260-14. Fire zones, fire lanes, fire hvdrants. fire wells. [Added 8-12-1980 by L.L. No. 4-1980) A. The parking of vehicles is hereby prohibited at all times in the following fire laRe leeatieRs zones: AI. At the shopping center located on the north side of New York Route 25, appreximately 1,400 feet west of Cox Lane in the Hamlet of Cute hogue, eommeRly lffioWR as the "Key Feod SheppiRg Cellter," such fire lane to be 30 feet in width from the southerly sidewalk curbline on the south side (front) ofthe building and extending for the entire length of the store building. B.~. At the shopping center located on the north side of New York Route 25, having ingress and egress on both Route 25 and Factory Avenue in the Hamlet of Mattituck, eeffilReruy kHewfI as the "/I.. & P ShoppiRg Cellter," such fire lane to be 24 feet in width, from the southerly and westerly sidewalk curb line on the south and west (front) side of the building and extending the entire length of the L- shaped store building; i.e., 466 feet along the southerly face of the building and 222 feet along the westerly face. [Added 4-25-1989 by L.L. No. 5-1989] Page 14 May 8, 2007 Southold Town Board Meeting Minutes ~. The stopping, standing or parking of vehicles within 15 feet in either direction of a fire hvdrant is hereby prohibited. ~. The stopping, standing or parking of vehicles within 15 feet in either direction of a fire well is hereby prohibited. D. The stopping, standing or parking of vehicles is prohibited at all times in the areas designated and marked as fire lanes. ~260-17. Handicapped parking. [Added 12-23-1997 by L.L. No. 29-1997] No flerson skall The stopping, standing or parking of flar" or stanri a motor vehicle~ in any parking space designated for the flarking of mstor vekieles by iaaiyiooals with hanriie!lflpea lieense fllates sr fleflflits as set furth belov.., as handicapped parking bv blue markings and/or handicapped signage is prohibited unless said the vehicle displays SHeh !! valid handicapped license plate, or a valid handicapped parking permit aisfllayea in tfte mar.ner ana lseation as designated by New York State or Locallaw~or regulation, in any Iseated listed belsw: Name of Street Side Location Orehard Street [f.deee 10 12 1999 Bast by L.L. }lo. 12 1999] from the nortfteast eomer sf Village Lane and Orehard Street easterly along Orehard Street adjaeeat to tfte United Methodist Chureh SOlind .\ yeHUe Somh from tfte Presbyterian ChllFek Driveway effiranee easterly for a Distanee of 95 feet ~260-18. Additional parking regu1ations.[Added 3-26-2002 by L.L. No. 2-2002] ^ ...... }l 0 person shall flark a yehiele so as to obstruel a fire hydrant. B.A. No person shall double park a vehicle on any Town highway or roadway. G.~. No person shall park a vehicle in whole or part on a sidewalk located adjacent to a highway. I).C. No vehicle shall be parked upon any public highway or roadway without first being registered and inspected pursuant to the Vehicle and Traffic Law of the State of New York. B.D. On a one-way roadway vehicles shall be parked facing in the direction of authorized traffic movement; on a two-way roadway such motor vehicle shall Page 15 May 8, 2007 Southold Town Board Meeting Minutes be facing in the direction of authorized traffic movement on that portion of the roadway on which the vehicle rests. I<.f,. No person shall park a vehicle so as to obstruct any driveway except with express permission of the owner. G. No perseR Shllll park a vehiale eveFlime iR a time restriated pafl,iRg spllce. F. In an established or designated parking area. a vehicle is to be whollv within the markings or signage where established or designated lines and markings are indicated. ~260-27. Penalties for offenses. Every person convicted of a traffic infraction for a violation of any provision of this chapter, which is not a violation of any provision of the Vehicle and Traffic Law of the State of New York, and said traffic infraction is not covered by Subsection B below, shall, for a first conviction thereof, be punished by a fine ef Ret mere than $59 not to exceed $110 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.; fer a seasRd such eeR',iatieR ',vithiR 18 meRths thereafter, sueh perseR shall Be pooished BY a BRe ef Ret mere thEIR $190 er BY imprisenmeat fer RSt mere than 15 days, sr by Beth such BRe liftS imprisenmeat; upeR a third sr sUBseElueat eeRvietieR withiR 18 meath, after the first aew,ietieR, sueh per,eR shall Be pURishes lly a fiRe ef RSt msre than suea perseR shlllllle pooisRed BY a BRe ef Ret msre thEIR $250 er BY imprisenmaat fsr Ret mere than 90 days, ar BY Beth SileR BRe and imprisenmeat. B. All persons cited on a Town parking summons for violation of this chapter, permit parking or parking related violations shall be subject to a fine as set forth below and shall answer on or before 30 days after the issuance of the summons. Persons failing to answer before the expiration of30 days after issuance of the summons shall be subject to the penalties set forth in the penalty schedule below, in addition to the prescribed fines: Fine Schedule Section 260-8 260-9A 260-9B 260-9C 260-10 260-11 260-12 260-13 260-14A 260-14B 260-14C 260-140 Description Parking prohibited at all times Parking prohibited certain hours Between 10:00 p.m. and 6:00 a.m. Night fishing permit Parking prohibited certain months Parking limited time Parking public lots Stopping prohibited at all times Fire lanes Fire hvdrant Fire wells Fire zone Amount ~$75 ~ .liQ ~ .liQ $50 ~m ~$50 ~ .liQ $75 $75 m $75 $75 Page 16 May S, 2007 Southold Town Board Meeting Minutes 260-15 Parking or standing prohibited certain times Fine Schedule Section Description 26016 260-17 193 ;\.( ll)260-ISF Handicapped parking only Parking a vehicle in other than established or designated area Parking by Southold Town permit only Resident r!lfking rermit Permit properlv affixed Fire hydrant Double parked On sidewalk Expired registration Over 60 days Expired inspection Over 60 days Wrong side to curb Obstructed driveway Designated parking space Overtime parking No stopping zone Fire zene B us stop Loading zone 1&92f.IS9-2F IS9-3A(l) 2110 IU. 260-1SBA 260-1SGB 260-1SI:>C 260-1SI:>C 260-1 SED 260-ISFE 260-ISF 260-ISG 260-19 260 20 260-21 260-22 NOTES: · Includes NYS mandatory surcharge of$35. ~lli Amount $110. $Wru $W $75 $Wru m ~ru m-ru ~$50 $W$75 ~$50 $Wru m-$75 ~ru $75 m-$50 ~ru m ~ru ~$75 Penalty Schedule Penalty at Penalty at Penalty at Section Description Fine 30 Days 60 Days 90 Days 260-S Parking prohibited ~$75 $+G$100 ~$150 ~$170 at all times 260-9A Parking prohibited ~$50 $+G$75 ~$IOO ~$150 certain hours 260-9B Between 10:00 p.m. ~$50 $+G$75 ~$IOO ~$150 and 6:00 a.m. 260-9C Night fishing permit $50 $100 $150 $170 260-10 Parking prohibited ~$75 $+G$IOO ~$150 ~$170 certain months Page 17 May S, 2007 Southold Town Board Meeting Minutes 260-11 Parking limited time m$50 $+G$75 ~$IOO ~$150 260-12 Parking public lots m$50 $+G$75 ~$IOO ~$150 260-13 Stopping prohibited m $100 $150 $170 at all times 260-14A Fire lanes $75 $150 $225 $245 260-14B Fire hydrant $75 $150 $225 $245 260-14C Fire wells m $150 $225 $245 260-14D Fire zone $75 $150 $225 $245 260-15 Parking or standing $35lli $70$100 $105$150 $125$170 prohibited certain times 289 Ie Fire wells m $+W ~ ~ 260-17 Handicapped parking $ I 10* $IS5 $260 $2S0 Only NOTES: * Includes NYS mandatory surcharge of$35. Penalty Schedule Penalty at Penalty at Penalty at Section Description Fine 30 Days 60 Days 90 Days 193 3f,(e) Parking a vehicle in $W$75 $100 $150 $170 260-1 SF other than established or designated area IS9~2F Parking by Southold $W$75 $100 $150 $170 Town permit only IS9-3A(l) ResiEleRt flarkiag $Wm $100 $150 $170 PeFffiit Permit properlv affixed 2eO IlL\ Fire hyElrant $75 $150 $225 $245 260-ISBA Double parked m$75 $+G$IOO ~$150 ~$170 260-ISGB On sidewalk m$75 $+G$IOO ~$150 ~$170 260-ISI)C Expired registration m$50 $+G$75 ~$125 ~$150 Over 60 days $W$75 WlG$125 $+W$175 $!-m$200 260- I SI)C Expired inspection m$50 $+G$75 ~$125 ~$150 Over 60 days $W$75 WlG$125 $+W$175 $!-m$200 260-ISHD Wrong side to curb m$75 $+G$IOO ~$150 ~$170 260-ISFr; Obstructed driveway m$75 $+G$IOO ~$150 ~$170 260-ISF Designated parking $75 $100 $150 $170 space 260-19 No stopping zone mm $+G$IOO ~$150 ~$170 2eO 20 Fire zoae $75 $150 $225 $245 Penalty Schedule Penalty at Penalty at Penalty at Page IS May 8, 2007 Southold Town Board Meeting Minutes Section Description Fine 30 Days 60 Days 90 Days 260-21 260-22 Bus stop Loading zone m$75 $fG$100 m$75 $fG$100 $-l%$150 ~$170 $-l%$150 ~$170 V. SEVERABILITY If any clause, sentence, paragraph, section, or part ofthis Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. VI. APPLICABILITY AND EFFECTIVE DATE. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ./ Vote Record - Resolution RES-2007-388 Yes/Aye NolNay Abstain Absent I;>J Adopted Albert Krupski Jr. Initiator I;>J 0 0 0 0 Adopted as Amended William P. Edwards Voter I;>J 0 0 0 0 Defeated Daniel C. Ross Voter I;>J 0 0 0 0 Tabled Thomas H. Wickham Seconder I;>J 0 0 0 0 Withdrawn Louisa P. Evans Voter I;>J 0 0 0 Scott Russell Voter I;>J 0 0 0 2007-403 Tabled 4/24/2007 4:30 PM CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Modification Park & Playground RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2007 budl!:et as follows. in accordance with the Town Attornev: To: Revenues: A.2025.00 Special Recreation Facilities Park & Playground $30,500.00 Appropriations: A. 1620.2.500.350 A. 1620.2.500.825 Beach Improvements Cochran Park 58,500.00 4,000.00 From: Appropriations: A. 1620.2.500.3 75 Boat Ramp Improvements 32,000.00 Page 19 May 8, 2007 Southold Town Board Meeting Minutes .,. Vote Record - Resolution RES-2007-403 Yes/Aye ~olNay Abstain Absent t;'! Adopted f\J~ert l(rupski Jr. Voter t;'! 0 0 0 0 Adopted as Amended William P. Edwards Initiator t;'! 0 0 0 0 Defeated Daniel C. Ross Seconder t;'! 0 0 0 0 Tabled Thomas H. Wickham Voter t;'! 0 0 0 0 Withdrawn Louisa P. Evans Voter t;'! 0 0 0 Scott Russell Voter t;'! 0 0 0 2007-429 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Clerk Copywatch Audit and Review Agreement RESOLVED that the Town Board ofthe Town of South old hereby authorizes and directs SUDervisor Scott A. Russell to execute an ae:reement between CODvWatch. Inc.. Document EXDense Auditors. 48 River Road. Barrvville. New York 12719 and the Town of South old in connection with providing services for the audit and review of costs in relation to town copy machines, all in accordance with the approval of the Town Attorney. 0/ Vote Record - Resolution RES-2007-429 Yes/Aye NolNay Abstain Absent t;'! Adopted Albert Krupski Jr. Voter t;'! 0 0 0 0 Adopted as Amended William P. Edwards Seconder t;'! 0 0 0 0 Defeated Daniel C. Ross Initiator t;'! 0 0 0 0 Tabled Thomas H. Wickham Voter t;'! 0 0 0 0 Withdrawn Louisa P. Evans Voter t;'! 0 0 0 Scott Russell Voter t;'! 0 0 0 2007-430 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Amendment to Agreement #M051 096 RESOLVED that the Town Board of the Town of South old hereby authorizes and directs SUDervisor Scott A. Russell to execute an Amendment to Ae:reement #M-051096 in connection with the ae:reement Dertainine: to the installation of a tlashine: beacon lie:ht on State Route 25 at the GreenDort School. which Amendment extends the fundine: for this Ae:reement to Julv 31. 2008, subject to the approval of the Town Attorney. Page 20 May 8, 2007 Southold Town Board Meeting Minutes ./ Vote Record - Resolution RES-2007-430 Y~~^ye NolNay Abstain Absent iii Adopted AlbertKrupski Jr. Voter iii 0 0 0 0 Adopted as Amended William P. Edwards Voter iii 0 0 0 0 Defeated Daniel C. Ross Voter iii 0 0 0 0 Tabled Thomas H. Wickham . Seconder iii 0 0 0 0 Withdrawn Louisa P. Evans Initiator iii 0 0 0 Scott Russell Voter iii 0 0 0 2007-431 CATEGORY: DEPARTMENT: Employment - Town Accounting Reappoint Amy Thiel to Provisional Senior Planner RESOLVED that the Town Board of the Town of Southold, having exhausted the Civil Service list of eligibles for Senior Planner, hereby appoints Amv Thiel to the position of a provisional Senior Planner for the Planning Board, effective immediately, rate of pay to remain the same. ./ Vote Record - Resolution RES-ZOO7-431 Yes/Aye NolNay Abstain Absent iii Adopted AJb~rtl(rupski Jr. Voter iii 0 0 0 0 Adopted as Amended William P. Edwards Voter iii 0 0 0 0 Defeated Daniel C. Ross Voter iii 0 0 0 0 Tabled Thomas H Wickham Initiator iii 0 0 0 0 Withdrawn Louisa P. Evans Seconder iii 0 0 0 Scott Russell Voter iii 0 0 0 2007-432 CATEGORY: DEPARTMENT: Employment - Town Accounting Reappoint Anthony Trezza RESOLVED that the Town Board of the Town of South old, having exhausted the Civil Service list of eligibles, hereby appoints Anthonv Trezza to the position of a Provisional Senior Planner for the Planning Board, effective immediately, at the current rate of pay. ./ Vote Record - Resolution RES-2007-432 Yes/Aye 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 Page 21 May 8, 2007 Southold Town Board Meeting Minutes 2007-433 CATEGORY: DEPARTMENT: Employment - Town Accounting Reappoint Mark Terry Provisional Principal Planner RESOLVED that the Town Board of the Town of Southold, after exhausting the Civil Service list of eligibles for the position of Principal Planner, hereby appoints Mark Terry to the position of Provisional Principal Planner for the Planning Department, effective immediately, rate of pay to remain the same. ./ Vote Record - Resolution RES-2007-43J Yes/Aye NolNay Abstain Absent 0 Adopted Albert Krupski Jr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Initiator 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Voter 0 0 0 0 0 Withdrawn Louisa P. Evans Seconder 0 0 0 0 Scott Russell Voter 0 0 0 0 2007-434 CATEGORY: DEPARTMENT: Employment - Town Recreation Establish Seasonal Employee Salaries RESOLVED that the Town Board of the Town of South old hereby establishes the followinl!: seasonal emplovee salary schedule for 2007 summer emplovees of the recreation department as follows: STILL WATER LIFEGUARDS 1st year.............. ....................................................... 2nd year.............. ....................................................... 3rd year.............. ....................................................... 4th year.............. ....................................................... 5th year.............. ....................................................... 6th year... ...... .................. ......... ......... ......... ......... ...... 7th year.............. ....................................................... 8th year.............. ....................................................... 9th year+.............. ....................................................... BEACH ATTENDANTS 1st year.............. .................................................... 2nd year... ...... .................. ......... ........ .......... ......... ...... $12.17/hour $12.44/hour $12.72/hour $12.99/hour $ 13.27/hour $13.54/hour $ 13.82/hour $ 14.09/hour $14.37/hour $9.42/hour $9.58/hour Page 22 May 8, 2007 Southold Town Board Meeting Minutes 3rd year.............. ....................................................... 4th year.............. ....................................................... 5th year.............. ....................................................... 6th year.............. ....................................................... 7th year.............. ....................................................... 8th year............ ............ ......... ....... ........... ......... ......... 9th year+............... ...................................................... $9.75/hour $9.91/hour $10.08/hour $10.24/hour $10.42/hour $10.60/hour $10.78/hour RECREATION SPECIALISTS (WATER SAFETY INSTRUCTORS) 1st year... ........................ ......... ......... .......... .............. $16.57/hour 2nd year............... ...................................................... $1 6. 82/hour 3rd year.............. ....................................................... $17.07/hour 4th year.............. ....................................................... $17.32/hour 5th year...... ..................... ......... ......... ......... ......... ...... $17.57/hour 6th year............... ...................................................... $17.82/hour 7th year......... ..................... ......... ......... ......... ............ $18.07/hour 8th year...... ..................... ......... ......... ......... ......... ...... $18.32/hour 9th year+...... ..................... ......... ......... ......... ......... ...... $18.57/hour BEACH MANAGERS 1st year...... ..................... ......... ......... ......... ......... ...... 2nd year.............. ....................................................... 3rd year...... ........ .......... ......... ......... ......... ......... ......... 4th year...... ..................... ......... ......... ......... ......... ...... 5th year.... ........ ............ ........ .......... ......... ......... ......... 6th year... ...... ..................... ......... ......... ......... ............ 7th year.............. ....................................................... 8th year.............. ....................................................... 9th year+... ......... ........... ....... ......... ... ........ .......... ......... RECREATION AIDES (PLAYGROUND INSTRUCTORS) 1 st year.............. ....................................................... 2nd year... ......... ........... .......... ......... ......... ......... ......... 3rd year...... .................... .......... ......... ........ .......... ...... 4th year.............. ....................................................... 5th year...... ..................... ......... ......... ......... ......... ...... 6th year... ........... .......... ......... ......... ......... ......... ......... 7th year.............. ....................................................... 8th year......... .................. ......... ......... ......... ......... ...... 9th year+... ... ... .................. ......... ......... ......... ......... ...... LIFEGUARD TRAINER 1 st year.............. ....................................................... 2nd year...... ..................... ......... ......... ......... ......... ...... $13 .54/hour $ 13.84/hour $14.14/hour $ 14.44/hour $14.74/hour $ 15.04/hour $15.34/hour $15.64/hour $15.94/hour $11.34/hour $11.59/hour $11.84/hour $ 12.09/hour $12.34/hour $12.59/hour $12.84/hour $ 13.09/hour $ 13.34/hour $ 15.74/hour $15.99/hour Page 23 May 8, 2007 Southold Town Board Meeting Minutes 3rd year.............. ....................................................... 4th year.............. ....................................................... 5th year.............. ....................................................... 6th year.............. ....................................................... 7th year.............. ....................................................... 8th year.............. ....................................................... 9th year+.. .. .. . . . .. .. .......... .. .. .. .. .. .. . .. .. .. . . . .. .. .. . . . .. .. .. . . . .. .. .. $16.24/hour $16.49/hour $16.74/hour $16.99/hour $17.24/hour $17.49/hour $17.74/hour Please note: This is the same salary structure that was used in 2006. ./ Vote Record - Resolution RES-2007.434 Yes/Aye NolNay Abstain Absent I1J Adopted Albert Krupski Jr. Voter I1J 0 0 0 0 Adopted as Amended William P. Edwards Voter I1J 0 0 0 0 Defeated Daniel C. Ross Initiator I1J 0 0 0 0 Tabled Thomas H. Wickham Voter I1J 0 0 0 0 Withdrawn Louisa P. Evans Seconder I1J 0 0 0 Scott Russell Voter I1J 0 0 0 2007-435 CATEGORY: DEPARTMENT: Employment - Town Police Dept Request to Hire Rory Flatley, Jason Luhrs and Gregory Simmons As Seasonal Police Officers for the 2007 Season RESOLVED that the Town Board of the Town of South old hereby appoints the followin2 individuals to the position of Part Time Seasonal Police Officers for the Police Department, effective April 28, 2007, at a rate of $17.87 per hour/20 hours per week for training purposes and effective May 13, 2007, appoints the same individuals to the position of Seasonal Police Officers at the same rate of pay: Rory Flatley Jason Luhrs Gregory Simmons ./ Vote Record - Resolution RES-2007-435 Yes/Aye NoiN'ay Abstain Absent I1J Adopted Al~ert~rupslci ~~. 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 Seconder I1J 0 0 0 0 Withdrawn Louisa P. Evans Initiator I1J 0 0 0 Scott Russell Voter I1J 0 0 0 2007-436 Page 24 May 8, 2007 Southold Town Board Meeting Minutes CATEGORY: DEPARTMENT: Attend Seminar Data Processing Long Is/and Emergency Management Conference 2007 RESOLVED that the Town Board of the Town of Southold hereby erants permission to Supervisor Scott A. Russell, Network and Systems Administrator Llovd Reisenbere, Chief Carlisle Cochran. Lt. H. William Sawicki. and Code Enforcement Officer Edward Forrester to attend a seminar on Lone Island Emereencv Manaeement in Melville. NY . on Mav 30 and 31.2007. All expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2007 budget (meetings and seminars). -/ Vote Record - Resolution RES-2007-436 Yes/Aye NolNay Abstain Absent 611 Adopted Albert Krupski Jr. Voter 611 0 0 0 0 Adopted as Amended William P. Edwards Voter 611 0 0 0 0 Defeated Daniel C. Ross Voter 611 0 0 0 0 Tabled Thomas H. Wickham Initiator 611 0 0 0 0 Withdrawn Louisa P. Evans Seconder 611 0 0 0 Scott Russell Voter 611 0 0 0 2007-437 CATEGORY: DEPARTMENT: Budget Modification Town Clerk Budget Modification - Trustees RESOLVED that the Town Board of the Town of South old hereby modifies the General Fund Whole Town 2007 budeet as follows: TO: A.8090.2.200.400 Pump-Out Boat Equipment $1,500.00 FROM: A.8090.4.400.840 Pump-Out Boat Waste Disposal $1,500.00 -/ Vote Record - Resolution RE8-2007-437 Yes/Aye NolNay Abstain Absent 611 Adopted i\lbl?rt Krupski Jr. Initiator 611 0 0 0 0 Adopted as Amended William P. Edwards Seconder 611 0 0 0 0 Defeated Daniel C. Ross Voter 611 0 0 0 0 Tabled Thomas H. Wickham Voter 611 0 0 0 0 Withdrawn Louisa P. Evans Voter 611 0 0 0 Scott Russell Voter 611 0 0 0 Page 25 May 8, 2007 Southold Town Board Meeting Minutes 2007-438 CATEGORY: DEPARTMENT: Employment - Town Trustees Southold Town Pump Out Boat Operator Re Advertise RESOLVED that the Town Board ofthe Town of South old hereby authorizes and directs the Town Clerk to advertise for two (2) consecutive weeks. bel!:inninl!: on Mav 17.2007. for an operator ofthe pump-out boat under the supervision ofthe Town Trustees, on a seasonal basis starting the weekend of May 26, 1007 through the weekend of October 6, 2007, at a salary of $12.00 per hour. ./ Vote Record - Resolution RES-2007-438 Yesli\ye No/Nay Abstain Absent iii Adopted Albert Klllpski Jr. Seconder iii 0 0 0 0 Adopted as Amended William P. Edwards Initiator iii 0 0 0 0 Defeated Daniel C. Ross Voter iii 0 0 0 0 Tabled Thomas H. Wickham Voter iii 0 0 0 0 Withdrawn Louisa P. Evans Voter iii 0 0 0 Scott Russell Voter iii 0 0 0 2007-439 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the North Fork Country Club's "Two Day Member Guest Golf Tournament'" In Cutchogue for a Limited Closure Moore's Lane RESOLVED that the Town Board of the Town of Southold hereby l!:rants permission to the North Fork Country Club's "Two Dav Member Guest Golf Tournament" in Cutchol!:ue for a limited closure Moore's Lane. from the Main Road to the southerlv line of the "Countrv Club Estates" subdivision. total closure from that southerlv point south to the northern line of the William Tvree land parcel. and limited closure from that point south to the intersection of Moores Lane and New Suffolk Avenue (closures would permit access to residents of Moores Lane and "Countrv Club Estates"). bel!:inninl!: on Fridav. Julv 20 and continuinl!: throul!:h Saturday. Julv 21. 2007 provided they file with the Town Clerk a One Million Dollar Certificate of Insurance narning the Town of Southold as an additional insured and notify Capt. Flatley within ten (10) days of the approval of this resolution to coordinate traffic control. Page 26 May 8, 2007 Southold Town Board Meeting Minutes ./ Vote Record - Resolution RES-2007-439 Yes/Aye NolNay Abstain Absent 1<1 Adopted Albert Krupski Jr. Voter 1<1 0 0 0 0 Adopted as Amended William P. Edwards Voter 1<1 0 0 0 0 Defeated Daniel C. Ross Initiator 1<1 0 0 0 0 Tabled Thomas H. Wickham 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 2007-440 CATEGORY: DEPARTMENT: Consulting Solid Waste Management District Transfer Station Engineering RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a contract with L.K. McLean Associates. P.c. to provide engineering services to produce design and bid documents for the proposed installation of overhead garage doors at the Cutchogue Transfer Station, in the amount of $13,500 all in accordance with the approval ofthe Town Attorney. ./ Vote Record - Resolution RES-2007-440 Yes/Aye NolNay 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 2007-441 CATEGORY: DEPARTMENT: Bid Acceptance Town Clerk Accept Item #1 Road Treatment Bid RESOLVED that the Town Board of the Town of South old hereby accepts the bid of Corazzini Asphalt. Inc.. for furnishin!!: and placin!!: Bituminous Surface Treatment Liquid Asphalt Grades 50% MC-250 and 50% RC-250 with Screened Sand ("Oil and Sand") within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: Page 27 May 8, 2007 Southold Town Board Meeting Minutes Bituminous Surface Treatment Town (Mainland) $ 2.50 per sq. yd. Fishers Island $ 6.00 per sq. yd. Schim Mix Asphalt Concrete $ 78.00 per ton $ 165.00 per ton Fog Coat $ 2.00 per gallon $ 3.00 per gallon '" Vote Record - Resolution RES-2007-441 Yes/Aye NolNay Abstain Absent "" Adopted Albert Krupski Jr. Voter "" 0 0 0 0 Adopted as Amended William P. Edwards Voter "" 0 0 0 0 Defeated Daniel C. Ross Voter "" 0 0 0 0 Tabled Thomas H. Wickham Initiator "" 0 0 0 0 Withdrawn Louisa P. Evans Seconder "" 0 0 0 Scott Russell Voter "" 0 0 0 2007-442 CA TEGORY: DEPARTMENT: Bid Acceptance Town Clerk Accept Item #2 Road Treatment Bid RESOLVED that the Town Board of the Town of South old hereby accepts the bid of Corazzini Asphalt. Inc.. for furnishin!!: and placin!!: Bituminous Surface Treatment RC-250 Liquid Asphalt &lA Stone ("Oil and Stone") within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: Bituminous Surface Treatment Town (Mainland) $ 2.50 per sq. yd. Fishers Island $ 7.00 per sq. yd. Schim Mix Asphalt Concrete $ 72.00 per ton $ 160.00 per ton Fog Coat: $ 2.00 per gallon $ 3.00 per gallon Page 28 May 8, 2007 Southold Town Board Meeting Minutes '" Vote Record - Resolution RES-2007-442 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 r;>! 0 0 0 2007-443 CATEGORY: DEPARTMENT: Bid Acceptance Town Clerk Accept Item #3 Road Treatment Bid RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Corazzini Asphalt. Inc.. for furnishin!! and placin!! Liquid Asphalt Grades RC-250 & MC- 250 within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: Furnish and Place Within Town (Mainland) $5.00 per gallon Fishers Island $7.00 per gallon '" Vote Record. Resolution RES-2D07-443 Yes/Aye NolNay Abstain Absent r;>! Adopted Albert Krupski Jr. Seconder r;>! 0 0 0 0 Adopted as Amended William P. Edwards Initiator r;>! 0 0 0 0 Defeated Daniel C. Ross Voter r;>! 0 0 0 0 Tabled Thomas H. Wickham Voter r;>! 0 0 0 0 Withdrawn Louisa P. Evans Voter r;>! 0 0 0 Scott Russell Voter r;>! 0 0 0 2007-444 CATEGORY: DEPARTMENT: Bid Acceptance Town Clerk Accept Item #4 Road Treatment Bid RESOLVED that the Town Board of the Town of South old hereby accepts the bid of Corazzini Asphalt. Inc.. for furnishin!! and placin!! Hot Mix Asphalt Concrete Pavement "Tvpe 5 Shim" Sand Mix Asphalt within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: Page 29 May 8, 2007 Southold Town Board Meeting Minutes Town (Mainland) Fishers Island Hot Mix Asphalt Concrete Pavement 3X 500-1000 tons 4X Over 1000 tons $59.00 per ton $59.00 per ton $159.00 per ton $159.00 per ton ./ Vote Record - Resolution RE8-2007-444 Yes/Aye NOlNay Abstain Absent 6<1 Adopted Albert Krupski Jr. Voter 6<1 0 0 0 0 Adopted as Amended William P. Edwards Seconder 6<1 0 0 0 0 Defeated Daniel C. Ross Initiator 6<1 0 0 0 0 Tabled Thomas H. Wickham Voter 6<1 0 0 0 0 Withdrawn Louisa P. Evans Voter 6<1 0 0 0 Scott Russell Voter 6<1 0 0 0 2007-445 CATEGORY: DEPARTMENT: Bid Acceptance Town Clerk Accept Item #5 Road Treatment Bid RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Corazzini Brothers. Inc.. for furnishin!! and placin!! Hot Mix Asphalt Concrete Pavement "Tvpe 6 Top" within the Town of South old, all in accordance with the bid specifications and Town Attorney, and as follows: Town (Mainland) Fishers Island 3X 500-1000 tons $61.90 per ton 4X Over 1000 tons $61. 90 per ton $160.00 per ton $160.00 per ton ./ Vote Record. Resolution RES.2007-445 Yesh\ye 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 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 2007-446 CATEGORY: DEPARTMENT: Bid Acceptance Town Clerk Accept Item #6 Road Treatment Page 30 May 8, 2007 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of South old hereby accepts the bid of Corazzini Asphalt. Inc., for furnishine and placine Bituminous Surface Treatment RC-250 Liquid Asphalt "Oil & Recycled Stone" within the Town of South old, all in accordance with the bid specifications and Town Attorney, and as follows: Bituminous Surface Treatment Schim Mix Asphalt Concrete Fog Coat Town (Mainland) $ 1.95 per sq. yd. $ 78.00 per ton $ 2.00 per gallon 0/ Vote Record - Resolution RES-2007-446 Yes/Aye NolNay Abstain Absent 0 Adopted AlbertJ(IllP~kiJr~ Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Seconder 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Initiator 0 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 0 Scott Russell Voter 0 0 0 0 2007-447 CATEGORY: DEPARTMENT: Bid Acceptance Town Clerk Accept Item #7 Road Treatment Bid RESOLVED that the Town Board of the Town of South old hereby accepts the bid of Thomas H. Gannon & Sons, Inc.. for the application of Polymer Modified Emulsified Asphalt Pavement, Type II Micro-Surfacine within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: Type 1\ Micro-Surfacing Truing & Leveling (Type 5 - Shim) $ 1.82 per sq. yd. $95.00 per ton 0/ Vote Record - Resolution RES-2007447 Yes/Aye NolNay Abstain Absent 0 Adopted Albert Krupski Jr. Initiator 0 0 0 0 0 Adopted as Amended William P. Edwards Seconder 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Voter 0 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 0 Scott Russell Voter 0 0 0 0 Page 31 May 8, 2007 Southold Town Board Meeting Minutes 2007-448 CATEGORY: DEPARTMENT: Bid Acceptance Town Clerk Accept Item #8 Road Treatment Bid RESOLVED that the Town Board of the Town of South old hereby accepts the bid of East Island Asphalt Corp.. in the amount of $55.00 per ton. for the purchase of Tvpe 6 Top Hot Mix Asphalt. to be picked UP and used bv the South old Town Hiehwav Department. all in accordance with the bid specifications and Town Attorney. ./ Vote Record M Resolution RE8-Z007-448 Yes/Aye No~ay Abstain Absent It! Adopted I\l_~l?rt I<':llp*i Jr. Seconder It! 0 0 0 0 Adopted as Amended William P. Edwards Initiator It! 0 0 0 0 Defeated Daniel C. Ross Voter 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 2007-449 CATEGORY: DEPARTMENT: Seqra Town Attorney SEQRAfor LUAg PDD RESOLVED that the Town Board of the Town of South old hereby finds that the proposed "A Local Law in relation to an Aericultural Planned Development District" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated May 4,2007, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith. ./ Vote Record. Resolution RE8-2007-449 y e~/~ye N()~ay Abstain Absent It! Adopted AlbertKrups~iJr. Voter It! 0 0 0 0 Adopted as Amended William P. Edwards Voter It! 0 0 0 0 Defeated Daniel C. Ross Initiator It! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter It! 0 0 0 Page 32 May 8, 2007 Southold Town Board Meeting Minutes 2007-450 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Cost Plus Fixed Fee Consultant Agreement for Airfield Lighting Between the Town of Southold and C&S Engineers, Inc. In the Sum of $99,649.00 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Cost Plus Fixed Fee Consultant Al!reement for airfield Iil!htinl! between the Town of Southold and C&S Enl!ineers. Inc. in the sum of $99.649.00 in connection with Project No. 3-36-0029-14-07 for airfield lighting project a Elizabeth Field Airport, Fishers Island, New York, subject to the approval of the Town Attorney. ". Vote Record - Resolution RES-2007-456 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 11'1 0 0 0 0 Tabled Thomas H. Wickham Seconder 11'1 0 0 0 0 Withdrawn Louisa P. Evans Initiator 11'1 0 0 0 Scott Russell Voter 11'1 0 0 0 2007-451 CATEGORY: DEPARTMENT: Authorize to Bid Town Clerk Bidfor Elizabeth Field Airport Lighting RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the airport Iil!htinl! for Elizabeth Field Airport, on Fishers Island. ". Vote Record - Resolution RES~2007-451 Yes/Aye NolNay Abstain Absent 11'1 Adopted Albert Krupski Jr. Voter 11'1 0 0 0 0 Adopted as Amended William P. Edwards Voter 11'1 0 0 0 0 Defeated Daniel C. Ross Seconder 11'1 0 0 0 0 Tabled Thomas H. Wickham Initiator 11'1 0 0 0 0 Withdrawn Louisa P. Evans Voter 11'1 0 0 0 Scott Russell Voter 11'1 0 0 0 2007-452 CATEGORY: Contracts, Lease & Agreements Page 33 May 8, 2007 Southold Town Board Meeting Minutes DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute a Service Agreement Between the Town of Southold and Verizon Business Network Services Inc. RESOLVED that the Town Board of the Town of South old hereby authorizes and directs Supervisor Scott A. Russell to execute a Service Aereement between the Town of Southold and Verizon Business Network Services Inc. regarding the upgrade ofthe network connection from Town Hall to the Police Department, subject to the approval of the Town Attorney. ./ Vote Record - Resolution RES--2007-452 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Initiator Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-453 CATEGORY: DEPARTMENT: Property Acquisition Public Hearing Land Preservation Tuthill Set Public Hearing 5/22/07 4:50 PM RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of South old hereby sets Tuesdav. Mav 22. 2007. at 4:50 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 Hallock E. Tuthill. Said property is identified as part ofSCTM #1000-101-2-22. The address is 4508 Alvah's Lane in the A-C zoning district and located approximately 813 feet southeasterly from the intersection of County Road 48 and Alvah's Lane in Cutchogue, New York, sharing its northwesterly boundary with LIRR. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 5"= acres (subject to survey) of the 7.1"= acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $72,000 (seventy-two thousand dollars) per buildable acre for the 5"= acre easement plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value, and as an aquifer recharge area; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel ofland is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Page 34 May 8, 2007 Southold Town Board Meeting Minutes Route 25, Southold, New York, and may be examined by any interested person during business hours. ./ Vote Retord - Resolution RES-2007-453 Yes/Aye NolNay 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 2007-454 CATEGORY: DEPARTMENT: Budget Modification Town Attorney Budget Modification RESOLVED that the Town Board of the Town of Southold hereby modifies the 2007 General Fund Whole Town bude:et as follows: To: A. 1910.4.300.700 Insurance Deductibles & Coinsurance +$2,500.00 From: A. 1990.4.1 00.1 00 Contingencies -$2,500.00 ./ Vote Record - Resolution RES-2007-454 Yes/Aye NolNay Abstain Absent 1<1 Adopted Albert Krupski Jr. Voter 1<1 0 0 0 0 Adopted as Amended William P. Edwards Voter 1<1 0 0 0 0 Defeated Daniel C. Ross Initiator 1<1 0 0 0 0 Tabled Thomas H. Wickham Voter 1<1 0 0 0 0 Withdrawn Louisa P. Evans Seconder 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2007-455 CATEGORY: DEPARTMENT: Authorize to Bid Engineering Bid for New Suffolk Drainage Improvement RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the New Suffolk Drainae:e Improvement proiect, all according to the plans and specifications provided by L. K. McLean Associates, P.C.. Page 35 May 8, 2007 Southold Town Board Meeting Minutes .;' Vote Record - Resolution RE8-2007-455 Yes/Aye NolNay Abstain Absent iii Adopted AJbertl(l1Ips~iJr. Seconder iii D D D D Adopted as Amended William P. Edwards Voter iii D D D D Defeated Daniel C. Ross Voter iii D D D D Tabled Thomas H. Wickham Voter iii D D D D Withdrawn Louisa P. Evans Initiator iii D D D Scott Russell Voter iii D D D 2007-456 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Memorial Day Parade - Orient RESOLVED that the Town Board of the Town of Southold hereby l!:rants permission to the Orient Fire Department to use the followinl!: roads for its Annual Memorial Dav Parade in Orient on Mondav. Mav 28. 2007 beginning at 7:30 AM: Tabor Road, Orchard Street, Navy Street aod Village Laoe, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as ao additional insured aod notify Capt. Flatley within ten (10) days of the approval of this resolution to coordinate traffic control. '" Vote Record - Resolution RES-2007-456 Yes/Aye NolNay Abstain Absent iii Adopted Albert Krupski Jr. Voter iii D D D D Adopted as Amended William P. Edwards Voter iii D D D D Defeated Daniel C. Ross Voter iii D D D D Tabled Thomas H. Wickham Initiator iii D D D D Withdrawn Louisa P. Evans Seconder iii D D D Scott Russell Voter iii D D D 2007-457 CATEGORY: DEPARTMENT: Misc. Public Hearing Town Clerk Peconic School Public Hearing RESOLVED that the Town Board of the Town of South old will hold a public hearinl!: on Tuesdav. Mav 29 at 7:00 p.m. to hear citizens views on the Town purchase ofthe Peconic School (located on Peconic Lane. Peconic) from the South old School District, for use as a community center, said hearing to be held at the Southold Town Hall, Main Road, Southold, NY; aod be it further Page 36 May 8, 2007 Southold Town Board Meeting Minutes RESOLVED that the Town Clerk is authorized to advertise this hearing in The Suffolk Times. ./ Vote Record - Resolution RE8-2007.457 Yesh\.ye No/Nay Abstain Absent iii Adopted Albert KrupskiJr~ 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 2007-458 CATEGORY: DEPARTMENT: Litigation Town Attorney Authorizes and Directs the Town Attorney's Office to Commence an Action In Supreme Court, Suffolk County, Against Anthony Scarmato RESOLVED that the Town Board of the Town of South old hereby authorizes and directs the Town Attornev's Office to commence an action in Supreme Court. Suffolk County. al!:ainst Anthonv Scarmato to direct Mr. Scarmato to remove an illegal fence extending from his property into Gardiners Bay. ./ Vote Record - Resolution RES-2007-458 Y~s1~ye: N"c./J'Ilay Abstain Absent iii Adopted Albert Krupski Jr. Seconder iii 0 0 0 0 Adopted as Amended William P. Edwards Initiator iii 0 0 0 0 Defeated Daniel C. Ross Voter iii 0 0 0 0 Tabled Thomas H. Wickham Voter iii 0 0 0 0 Withdrawn Louisa P. Evans Voter iii 0 0 0 Scott Russell Voter iii 0 0 0 2007-459 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Clerk Media Traq Video Streaming RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a contract between the Town of Southold and 10M2 InteIlil!:ent Meetinl!: Manal!:ement in connection with providing services of Media Traq Video Streaming of Town Board Meetings at a cost of a one time set-up fee of $350.00, and monthly fee of $375.00, all in accordance with the approval ofthe Town Attorney. Page 37 May 8, 2007 Southold Town Board Meeting Minutes ./ Vote Record - Resolution RE8-2007-4S9 Yes/Aye NolNay Abstain Absent 6'1 Adopted Albert Krupski Jr. Voter 6'1 0 0 0 0 Adopted as Amended William P. Edwards Seconder 6'1 0 0 0 0 Defeated Daniel C. Ross Initiator 6'1 0 0 0 0 Tabled Thomas H. Wickham Voter 6'1 0 0 0 0 Withdrawn Louisa P. Evans Voter 6'1 0 0 0 Scott Russell Voter 6'1 0 0 0 2007-460 CATEGORY: DEPARTMENT: Misc. Public Hearing Town Clerk Orient by the Sea Road Improvement Public Hearing WHEREAS a written petition was duly filed on April 20, 2007 pursuant to New York State Town Law Section 200 for the improvement of highways in the hamlet of Orient, Town of Southold known as Ryder Farm Lane and Park View Lane and designated on a map known as "Map of Orient by the Sea, Section 3" filed in the Suffolk County Clerk's Office on the 16th day of October, 1974 as Map No. 7703 and further designated as SCTM# 1000-15-5-25.3; and WHEREAS it appears that such petition has been duly signed by the owners of real estate owning at least one-half of the entire frontage or bounds on both sides of said highways and it further duly appears that the petition was also signed by resident owners owning not less than one half of the frontage owned by resident owners residing in or along such highways; and WHEREAS such petition was duly acknowledged by all the signers thereof in the same manner as a deed to be recorded; and WHEREAS the maximum amount proposed to be expended for the improvement of said highways as stated in the petition is the sum of 180,000 to be paid as follows: 30,000 to be paid by Petitioners 60,000 to be paid by County of Suffolk 90,000 to be paid by Town of South old pursuant to the provisions of Section 200 of New York State Town Law, it is hereby Page 38 May 8, 2007 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold will hold a public hearin!!: at the South old Town hall. 53095 Main Road. Southold, N.Y. on the 5th dav of June at 7;45 p.m., for the purposes of considering said petition and hearing all persons interested in the subject. ./ Vote Record - Resolution RES-2007-460 Yes/Aye NolNay Abstain Absent 11'1 Adopted Albert Krupski Jr. Voter 11'1 0 0 0 0 Adopted as Amended William P. Edwards Voter 11'1 0 0 0 0 Defeated Daniel C. Ross Voter 11'1 0 0 0 0 Tabled Thomas H. Wickham Seconder 11'1 0 0 0 0 Withdrawn Louisa P. Evans Initiator 11'1 0 0 0 Scott Russell Voter 11'1 0 0 0 2007-461 CA TEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Agreement with Employee Dated 4/10/07 RESOLVED that the Town Board of the Town of Southold hereby approves an a!!:reement with a Town emplovee dated April 10. 2007. ,; Vote Record - Resolution RES-2007-461 Yes/Aye NolNay Abstain Absent 11'1 Adopted Alb~Itl(rupsk,i Jr. Voter 11'1 0 0 0 0 Adopted as Amended William P. Edwards Voter 11'1 0 0 0 0 Defeated Daniel C. Ross Voter 11'1 0 0 0 0 Tabled Thomas H. Wickham Initiator 11'1 0 0 0 0 Withdrawn Louisa P. Evans Seconder 11'1 0 0 0 Scott Russell Voter 11'1 0 0 0 2007-462 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Agreement with Employee 4/25/07 RESOLVED that the Town Board of the Town of Southold hereby approves an a!!:reement with a Town emplovee dated April 25. 2007. Page 39 May g, 2007 Southold Town Board Meeting Minutes ./ Vote Record - ResolutjOD RES-2007-462 Yes/Aye NolNay Abstain Absent 0 Adopted Albert KrupskiJr. Initiator 0 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Voter It! 0 0 0 0 Tabled Thomas H. Wickham Seconder It! 0 0 0 0 Withdrawn Louisa P. Evans Voter It! 0 0 0 Scott Russell Voter It! 0 0 0 2007-463 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Attorney PH LL No Parking Mattituck School 6/5/07 7:55 Pm WHEREAS, there has been presented to the Town Board ofthe Town of Southold, Suffolk County, New York, on the gtb day of May, 2007 a Local Law entitled "A Local Law in relation to No Parkin!!: area on Marv's Road. Pike Street and Maple Avenue in Mattituck Durin!!: School Hours" now, therefore, be it RESOLVED that the Town Board ofthe Town of South old will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 5th day of June, 2007 at 7:55 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to No Parkin!!: area on Marv's Road. Pike Street and Maple Avenue in Mattituck Durin!!: School Hours" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to No Parkin!!: area on Marv's Road. Pike Street and Maple Avenue in Mattituck Durin!!: School Hours". BE IT ENACTED by the Town Board of the Town of Southold as follows: II. Purpose - In order to provide for the health. safety and welfare of the citizens of the Town of Southold, the Town Board finds it necessary to enact these limited parking restrictions in this school zone. Page 40 May 8, 2007 Southold Town Board Meeting Minutes III. Chapter 92 of the Vehicle and Traffic Code of the Town of South old is hereby amended as follows: ~ 92-42. Parking Prohibited during certain hours. The parking of vehicles is hereby prohibited between the hours indicated in any of the following locations: Name of Street Side Between the Hours of Mary's Road Both 7:00 a.m. and 4:00 p.m.. Mondays through Fridays from and including Sep- tember through and including June Pike Street Both 7:00 a.m. and 4:00 p.m.. Mondays through Fridays from and including Septem- ber through and including June Maple Avenue Both 7:00 a.m. and 4:00 p.m.. Mondays through Fridays from and including Septem- ber through and including June IV. SEVERABILITY Location In Mattituck. from the intersection of Mary's Road and Pike Street northerly to the intersection of the railroad tracks and Mary's Road In Mattituck, from the intersection of Rte. 25 and Pike Street to the intersection of Pike Street and Wickham Avenue In Mattituck. from the intersection of Rte. 25 and Maple A venue to the intersection of Maple Avenue and Pike Street If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Page 41 May 8, 2007 Southold Town Board Meeting Minutes V. EFFECTIVE DATE This Local Law shall take effect on September I, 2007, after filing with the Secretary of State as provided by law. ./ Vote Record - Resolution RES-2007-463 Yes/Aye No/Nay Abstain Absent Ii'! Adopted ;\1~ertKrupski Jr. Seconder Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-464 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Attorney PH LL No Parking Greenport Schoo/6/5/07 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 8th day of May, 2004 a Local Law entitled "A Local Law in relation to No Parkin!!: area on Oak Street and Maple Street in Greenport Durin!!: School Hours" 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 5th day of June, 2007 at 7:50 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 No Parkin!!: area on Oak Street and Maple Street In Greenport Durin!!: School Hours" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to No Parkin!!: area on Oak Street and Maple Street Durin!!: School Hours". Page 42 May 8, 2007 Southold Town Board Meeting Minutes BE IT ENACTED by the Town Board ofthe Town of Southold as follows: VI. Purpose - In order to provide for the health, safety and welfare of the citizens of the Town of Southold, the Town Board finds it necessary to enact these limited parking restrictions in this school zone. VII. Chapter 92 ofthe Vehicle and Traffic Code of the Town of South old is hereby amended as follows: S 92-42. Parking Prohibited during certain hours. The parking of vehicles is hereby prohibited between the hours indicated in any of the following locations: Name of Street Side Between the Hours of Oak Street Both 7:00 a.m. and 4:00 p.m.. Mondavs through Fridavs from and including Sep- tember through and including June Maple Street Both 7:00 a.m. and 4:00 p.m.. Mondavs through Fridavs from and including Septem- ber through and including June VIII. SEVERABILITY Location In Greenport. from the intersection of Sixth A venue and Oak Street to the terminus of Oak Street In Greenport, from the intersection of Sixth A venue and Maple Street to the terminus of Maple Street 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. IX. EFFECTIVE DATE Page 43 May 8, 2007 Southold Town Board Meeting Minutes This Local Law shall take effect immediately upon filing with the Secretary of State as provided bylaw. .; Vote Record - Resolution RES-2007-464 Yes/Aye NOlNay Abstain Absent It! Adopted AJ~ertJ(rupski 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 VII. Public Hearinl!:s 1. Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: RESOLVED that this meeting ofthe Southold Town Board be and herebv is declared Recessed in order to hold a nublic hearinl!:. RESULT: ADOPTED [UNANIMOUS) MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell 2. 7:45PM on 5/8/07 PH LL Ag PDD COMMENTS - Current Meeting: Public Hearing opened at 8: 13 PM COUNCILMAN WICKHAM: WHEREAS there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 10th day of April, 2007 a Local Law entitled "A Local Law in relation to an Al!:ricultural Planned Develonment District", now, therefore, be it RESOLVED that the Town Board of the Town of South old will hold a nublic hearinl!: on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road. Southold, New York. on the 8th dav of Mav at 7:45 n.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 an Al!:ricultural Planned Develonment District" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to an Al!:ricultural Planned Develonment District" . Page 44 May 8, 2007 Southold Town Board Meeting Minutes BE IT ENACTED by the Town Board of the Town of South old as follows: Lel!:islative Intent. Farmland is a critical component of the Town of Southold's rural character. Agriculture provides the cornerstone of the land use environment valued by year-round residents as well as visitors. Numerous planning documents and studies in the Town's comprehensive planning over the past 20 years have recognized this value and have recommended strategies to preserve this key resource. In recent years, the Town has engaged in an aggressive effort to preserve farmland through the use of a variety of conservation tools, most notably the purchase of development rights. The Town has joined with other governmental agencies at the Federal, State and County levels, and with conservation groups such as the Peconic Land Trust to further its efforts. In addition, the Town has made use of various long- and short-term funding options to purchase interests in farmland, such as the Community Preservation Fund (CPF) transfer tax, voter- approved bonds and grants. The Town Board recognizes that preservation efforts must continue in accordance with the Town's comprehensive planning efforts and initiatives. Additional funds will be required, and if possible, leveraged, to enable the Town to continue to purchase interests in farmland and retain the Town's rural character. The Town Board determines that its land preservation efforts can best be accomplished through a number oflegislative initiatives. This local law creates an Agricultural Planned Development District, a floating zone classification. The Agricultural Planned Development District is intended to encourage the preservation and conservation of farmland, while preserving land equity. It is intended to provide incentive to Landowners dedicated to the preservation and conservation of farmland. New York State Town Law Sections 261-a and 261-c provide the framework to accomplish these goals. The Town Board seeks through this legislation to provide for the incremental sale of development rights by landowners whose property is actually used in agricultural production. This will be accomplished by providing a source of funds to facilitate agricultural production without requiring the sale of all development rights applicable to the property, at the same time reducing the density potential on the property. The benefit to the Town, in addition to facilitating agricultural production, is the assurance that the Town will have the option purchase the remaining development rights on a parcel, excepting those that are necessary for a conservation subdivision at the density/open space percentage as required by this legislation. Chanter 280 of the Code of the Town of Southold is hereby amended to create a new Article XXX, as follows: Sec. 280-170. Puroose. The Agricultural Planned Development District emphasizes the importance of agriculture as both a vital economic base and as a land form that provides the town with much of its rural character and scenic beauty. This program will provide the landowner with another mechanism to access the equity in his land by providing him with development rights that can be immediately transferred or sold, incrementally or at one time, to facilitate the preservation of farmland without having to subdivide his property. The development rights can be sold on an incremental basis while assuring the Town of the opportunity to purchase the remaining development rights applicable to the property, except those that may be used to develop a conservation subdivision. This Agricultural Planned Development District creates a mechanism whereby the property can be rezoned upon application ofthe landowner. Page 45 May 8, 2007 Southold Town Board Meeting Minutes 280-171 Definition DEVELOPMENT RIGHTS -- The rights permitted to a lot, parcel, or area of land under a zoning ordinance or local law regarding permissible use, area, density, bulk, or height of improvements executed thereon. Development rights may be calculated and allocated in accordance with such factors as area, floor area, floor area ratios, density, height limitations or any other criteria that will effectively quantify a value for the development right in a reasonable and uniform manner that will carry out the objectives of this chapter 280-172. Classification. A. The Agricultural Planned Development District (AgPDD) is established as a Planned Development District pursuant to Town Law Section 261-c. B. The AgPDD classification may be considered on a floating zone basis. Upon rezoning to the AgPDD classification, all principal and accessory uses, restrictions and controls listed in the specific AgPDD shall govern the lands subject to the rezoning. 280-173. Requirements for Eligibilitv. All properties meeting the standards and criteria set forth in this Article shall be deemed eligible for rezoning as an AgPDD. In order to be considered for rezoning to AgPDD, lands in the Town of South old must meet all of the following criteria: A. The lands must consist of a sub-dividable parcel of at least seven (7) acres meeting the Town's preservation goals and included in the Community Preservation Project Plan (CPPP), which may consist of a lot designated as a separate tax map number, or oftwo or more contiguous lots with separate tax map numbers. A landowner may also apply for the rezoning of a parcel contiguous to property already zoned AgPDD or already preserved, even if smaller than seven (7) acres. B. The parcel must be enrolled in an agricultural district or individual commitment, pursuant to Article 25AA of New York State Agriculture and Markets Law. C. The Town Board must find that the parcel provides an environmental, physical, economic, aesthetic, social or cultural benefit to the Town. 280-174. Zoning Approval; Application and review procedure. The Town Board may rezone lands from that of their underlying zoning district to the AgPDD classification upon written application of the landowner pursuant to this Article. A. Application. An applicant shall submit two (2) copies of the following to the Town Board: 1. Form of Application approved by the Town Board, including the name of the owner and/or applicant, description of current use of the property, and disclosure affidavit; 2. Deed(s) covering all lands for which application is made; 3. Survey(s) or map(s) showing all lands proposed to be rezoned to AgPDD, and any improvements on those lands. Page 46 May 8, 2007 Southold Town Board Meeting Minutes B. Upon receipt of a completed application, the Town Board shall review the application at a work session and make a preliminary determination whether the Board is interested in considering rezoning of the parcel to AgPDD. If the Town Board is interested in considering the rezoning, it shall refer the application to the Planning Board and to the Land Preservation Committee and, as applicable, to the Agricultural Advisory Committee, for review and recommendation. C Upon receipt of the application, the Land Preservation Committee shall consider the application at its next meeting and prepare recommendations to the Town Board with a copy to the Planning Board. D. If the applicant seeks an agricultural structure area and/or residential structure area, the placement shall be agreed upon between the Land Preservation Committee, the Planning Board and the landowner. E. Upon recommendation of the Planning Board and the and the Land Preservation Committee, the Land Preservation Coordinator shall commission a survey and a title search of the property, which will be forwarded to the Planning Department upon receipt. F. The Planning Department will calculate the yield on the parcel based on the zoning in effect at the time of the application. Yield will be calculated as follows: Buildable Lands -;- Minimum Lot Area of Zoning District= Yield on Entire Parcel. The landowner will be informed ofthe number of development rights available on the parcel. G. Environmental Review. The Town Board shall comply with SEQRA in acting upon any application for the rezoning of any lands to the AgPDD classification. H. The Planning Board and other committees shall provide a report within ninety (90) days of the date of the meeting at which the referral is received from the Town Board. No action shall be taken by the Town Board until receipt of the Planning Board report and other Committee reports, as applicable, or the expiration of its 60-day review period, whichever comes first. The review period may be extended by mutual consent of the applicant, the Town Board, the Planning Board, and, as applicable, the Land Preservation Committee and/or the Agricultural Advisory Committee. 1. Planning Board Report. The Planning Board may recommend approval, approval with conditions, or disapproval of the proposed rezoning. In preparing its report, the Planning Board shall take into account the recommendations of the Southold Town Farm and Farmland Protection Strategy, adopted as policy by Town Board resolution of January 18, 2000 and supporting documents, the recommendations of the Land Preservation Committee, the Agricultural Advisory Committee, the studies contained in the Town's comprehensive planning efforts and initiatives, the existing characteristics of the property and the surrounding properties, the environmental, social, physical, aesthetic, economic and cultural aspects of the property and its surroundings, and such other factors as may be necessary to carry out the purposes of this Article and this Chapter. The Planning Board's report shall provide detailed reasons for its recommendation. J. Public Hearing. Within thirty (30) days of the receipt of the Planning Board report, or the expiration of the Planning Board review period, whichever occurs Page 47 May 8, 2007 Southold Town Board Meeting Minutes first, the Town Board may schedule a public hearing on the application, with the same notice prescribed for zoning amendments. K. Town Board Action. Within thirty (30) days ofthe date ofthe closing of the public hearing, the Town Board shall either approve or disapprove the rezoning and file its decision with the Town Clerk, with notice to the applicant. In approving such rezoning, the Town board shall determine, after considering the Planning Board's recommendation, that the subject parcel contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and that there will be no significant environmentally damaging consequences. If approved, the Town Board shall amend the zoning map of the Town in accordance with the approval and forward a copy of the resolution containing the decision to the Planning Board, the Land Preservation Committee, the Agricultural Advisory Committee, and the applicant. Any such approval shall be subject to the Conditions of Approval as set forth below in 280-175 of this Chapter. 280-175. Conditions of Approval. A. The boundaries of the re-zoned property, permitted uses thereon, and number of development rights shall become part ofthis Town Code and the Zoning Map shall be amended accordingly. B The Land Preservation department shall coordinate the closing and filing of the easement in accordance with their normal procedures for purchase of development rights. C Easement. I. Following a public hearing and approval of the rezoning pursuant to Chapter 280 of the Town Code and Chapter 247 of the General Municipal Law, the Landowner shall sell at least one (I) development right to the Town. The landowner shall file a Preservation Easement (the "Easement") on the property following the sale, in the form provided by the Town, which shall indicate that at least one (1) development right has been sold, and shall also indicate the number of remaining development rights available for sale or transfer from the parcel. a. The easement shall be acceptable to the Landowner, the Town Attorney's office and shall be consistent with the terms of the AgPDD. b. The easement shall be recorded in the Office of the Suffolk County Clerk. 280-176 Price for Development Rights The Town Board shall by resolution, at least annually, set a price to be paid by the Town for AgPDD development rights sales. This price shall be based on a recommendation from the Land Preservation Committee and shall be based on comparable sales data. 280-177. Subsequent Development Right Sales to the Town A. At any time, the landowner may offer to sell development rights on all or part of Page 48 May 8, 2007 Southold Town Board Meeting Minutes the parcel that has been zoned AgPDD. The development rights may be sold to the Town or to others provided that the landowner enters into a conservation easement on the property in a form acceptable to the Town. The conservation easement shall list the number of development rights sold and the number remaining, based on the yield for the parcel as set forth at the time of rezoning to AgPDD. B. At the discretion of the Town, the Town may commission a new survey and a title search of the property. C. The Land Preservation Coordinator shall make a determination of the number of development rights remaining for purchase on the parcel based on the original yield as calculated by the Planning Department less any development rights sold, and shall so advise the Land Preservation Committee. The Land Preservation Committee shall make a recommendation to the Town Board on the purchase of development rights. D. The Town Board shall hold a public hearing on the question of the purchase of development rights from the AgPDD zoned parcel, and may adopt a resolution approving or disapproving the sale. Any resolution shall set forth the number of development rights purchased and the number remaining on the parcel. At the time of sale, a preservation easement as set forth above in 280-175 shall be filed indicating the additional number of development rights that have been extinguished from the parcel, and the remaining number of development rights. E. Development rights may be purchased by the Town in increments of one-half (1/2) of a development right. F. The Town Board shall not be required to purchase development rights from a parcel zoned AgPDD sooner than six (6) months after the previous purchase on the same parcel. G. Upon the landowner's application, the Town shall purchase up to at least ten percent (10%) of the landowners residual development rights, or not less than one full development right, per year. The Town has the option, if requested by the landowner, to purchase more than ten percent each year. 280-178. (Reserved) 280-179. Clearing House. The Land Preservation Coordinator will maintain a log indicating the development rights sold and remaining on any parcel zoned AgPDD. The easement executed and recorded by the landowner at the time of each sale will indicate the number of development rights sold and the number remaining on the parcel. &280-180 Conditions A. Any reserved area for development shall be set by the Town Board and defined in the Town Code at the time of rezoning to AgPDD. A landowner may apply to the Town Board to amend such code if circumstances have changed since the rezoning. Any additional reserved area will be deducted from the available development rights on the parcel. Page 49 May 8, 2007 Southold Town Board Meeting Minutes B. Any structure proposed on a parcel which is zoned AgPDD will require the approval of the Land Preservation Committee prior to issuance of a building permit. The approval of the committee shall take into account the conditions set forth in the preservation easement on the property. C. If a residential structure exists on property zoned AgPDD, any new non- agricultural structure must be located within 150 feet of the existing residential structure. &280-181 Subdivision A. If the landowner of property zoned AgPDD files for subdivision of the property, the land Preservation Coordinator shall advise the Planning Board of the number of development rights remaining on the parcel. B. Any conservation subdivision of AgPDD property must accomplish preservation of eighty percent (80%) of the parcel, and density reduction of seventy-five percent (75%) ofthe original yield. If the landowner elects to pursue this Conservation Subdivision, the land preserved by sale of development rights shall apply toward the required preservation component. C. If the Town is unable to meet its obligation to purchase 10% of development rights as set forth in 280-176G, the landowner may pursue a Standard Subdivision based on the zoning in effect on the parcel at the time it was zoned AgPDD. Any land preserved by sale of development rights shall not be applied toward any preservation or subdivision open space requirement. 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 ofthis law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided bylaw. I have a memo, first I have indications that it has been filed on the Town Clerk's bulletin board outside and it has also appeared as a legal in the local newspaper. I have a memo from Mark Terry, our L WRP coordinator, "The proposed local law has been reviewed according to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) 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." And a memo from the Planning Board, dated May 8th, 2007. "The Planning Board supports the Local Law in relation to AgPDD with consideration of the following below comments: I. Zoning Approval application etc on buildable lands. Although the intent of establishing "Buildable Lands" for purposes of calculating yield is clear, Page 50 May 8, 2007 Southold Town Board Meeting Minutes the mapping requirements needed to establish an accurate yield on a parcel is unclear. It is recommended to facilitate and expedite the process of calculating yield on parcels in the program; that the applications requirements list the non-buildable lands consistent with the ERSAP requirements listed in Chapter 240-10, technical requirements and require that the areas be mapped. This recommendation will also assist the Planning Board and town Board with the assessment and establishment of the "reserved areas for development" on participating parcels." And they go on to describe the buildable lands section of the Town Code, which is Chapter 240 and that is in the memo here, what that definition is. "Item 2, Chapter 280 of the Town Code states "Any reserved area for development shall be set by the Town Board and defined in the Town Code" It is recommended that the legal instrument to define a reserved area for development be clarified." In other words, how is this going to be defined? "Item 3, in this proposed law it states that any structure proposed on a parcel zoned AgPDD will require the approval of the Land Preservation Committee. It is recommended that this section be clarified. Will the entire legal parcel be zoned AgPDD? Will structures located within the "reserved area for development" be required to apply for the Land Preservation approval? 4. Chapter 280 of this proposed law proposes that "any new non-agricultural structure must be located within 150 feet of an existing residential structure." This requirement may prohibit a well designed subdivision and force development in unsuitable areas. Many agricultural parcels are currently developed with single residential structures (homesteads) along the Town's New York State Scenic Byways and other roadways with important scenic qualities. This requirement would force the increased development of such areas. In addition, the layout of many of the Town's parcels in agricultural use are linear with prime agricultural soils located in the center of the parcel. In these instances, the Planning Board may apply a "split-cluster" concept to include the areas that should be conserved in open space. The requirement, as proposed, would prevent the Planning Boards ability to effectively apply the split-cluster and achieve good design relative to a parcel's characteristics. It is therefore recommended that the terms "if practical" be added to the requirement." There is another memo here from the Land Preservation Committee, which I could sununarize or I could leave them to summarize it. CHRIS BAlZ: I can summarize it or read it, whatever you prefer. COUNCILMAN WICKHAM: Why don't I let you do it? And then, that is the last one of the notices here in the file. MR. BAIZ: Good evening members of the Town Board. My name is Chris Baiz. I am a member of the Land Preservation Committee. I have been volunteered this evening by the chairman of the Land Preservation Committee to extend our remarks and comments to the proposed Agricultural Planned Development District. We have met twice, April 19th and May 1st to review the proposed legislation. In addition, the Agricultural Advisory Committee met on April 18th to review this as well, since the primary criteria or one of the primary criteria in joining the AgPDD is that the lands must be in a certified agricultural district, the sense of Agricultural Advisory Committee was that they were not necessary to be notified as applicable or what have you with regard to parcels that would be entered into that. Also in the legislation, proposed legislation, in the yield formula adding the words "rounded down" in the proposed legislation for that yield analysis so that it coincides with the way the Planning Department Page 51 May 8, 2007 Southold Town Board Meeting Minutes would handle that. In law 280-174-H to remove the Ag Advisory Committee, as we said before, with regard to agricultural district lands, remove also the words "as applicable" for the Land Preservation Committee in the section describing the extension of the review period and explicitly listing the Land Preservation Committee as providing a report instead of "other Committees" as proposed. The Land Preservation Committee should always submit a report as described. Point number 4 with regard to the proposed legislation, clarifying the meaning of the phrase "up to at least ten percent" in section 280-177 G. And I thought this evening in the shower before I came down here that I got it at last and now I am not sure that I get it at all, it appears that this is intended to require the Town to only purchase 10 percent of the outstanding development rights per transaction but as written means the Town is responsible for thelOO percent of the outstanding development rights since 100 % is "up to at least ten percent." So, 1 think there is some confusion there and I see it as sort of an oxymoron, up to at least. Up to suggests not any higher and at least suggests not any lower, so I am not quite sure where we are on that. SUPERVISOR RUSSELL: Good point. MR. BAIZ: Also, adding language in section 280-180-A, making it clear that should a landowner reduce their reserve area the available development rights will increase accordingly. Now, in regard to the law, we have some other comments that I will try to go through and be as entertaining as our normal resolutions here, if you will forgive me and indulge me. The Land Preservation Committee agrees that the ability of farmland owners to sell development rights incrementally is a useful tool that would potentially attract farmland owners that are not in a position to sell all or most of their development rights in a single transaction. This is due to tax consequences, estate issues, business plans etc. Being able to attract such farmland owners to the preservation program would increase the preservation rate currently being achieved with the tools available in the existing program. However, the Land Preservation Committee has concerns that many of the details outlined in the proposed legislation will not result in a program that does in fact attract farmland owners as described above or that the proposed legislation may in fact end up hurting the existing program. The following summarizes our concerns: I. The proposed language determining the price to be paid for development rights under the AgPdd is vague and does not guarantee that farmland owners will receive current market value for their development rights. Since incremental sales will likely not qualify for bargain sales it is important that the owners joining the Ag PDD have assurances that they will be treated fairly as the program continues and members of the Town Board and Land Preservation Committee change over time. The Land Preservation Committee recommends that language be added making it clear that the price is based on a defined formula without the possibility of future Town Boards or Land Preservation Committee policies reducing the price. 2. The proposal for the Town to reserve the funds to purchase 10% of the development rights enrolled in the AgPDD may damage the existing preservation program. In recent years the Town's program has been very successful in closing preservation deals with "take it or leave it" time line required by landowners. Having to reserve funds for the AgPDD that mayor may not be needed for the AgPDD program may hinder the Town's ability to continue with such projects and would result in the Town losing other projects using the current program. The Land Preservation Committee recommends that if an incremental development rights program is established, the Town should Page 52 May 8, 2007 Southold Town Board Meeting Minutes fund it with anticipation bonds dedicated to the incremental program and not use Community Preservation Funds. 3. In an earlier version of the AgPDD it was assumed that farmland owners that joined could still take advantage of the existing PDR program." And I am not sure, Tom, in your most recent reading this evening, a synopsis, whether that's changed again. I sort of got the impression that a farmland owner could sell once or twice incrementally and then decide, boom, I want to sell it all now, several years down the road and yet, the versions that we have been seeing in the past "up to at least" 10 %. "Based on the Ag Advisory meeting held on 4/18/07, this has changed and the new intent is that if farmland owners join the AgPDD they will no longer be able to participate in the exiting PDR program. The Land Preservation Committee is against this concept and recommends that farmland owners enrolled in the AgPDD still have the ability to participate in the existing PDR program." Now, okay, that was, I mean every time we meet, we see, you know, COUNCILMAN ROSS: That is not the intent. MR. BAIZ: Okay. Good. COUNCILMAN EDWARDS: But it has to be at the Town's discretion. MR. BAIZ: Okay. Fine. COUNCILMAN ROSS: Just like the regular program. MR. BAIZ: Fine. But in other words a landowner could come in after selling three development rights over 10 years and say, okay, I want to do the next 25 today. COUNCILMAN KRUPSKI: Correct. MR. BAIZ: Fine. Good. JUSTICE EVANS: Oh, but the Town doesn't have to buy the next 25, they only have to buy the 10%. MR. BAIZ: Okay. Okay. Okay. Now you have clarified the error. And that is, that if a landowner were to be able to come in after selling three development rights over six years and comes in in the seventh year and says, okay, I want to sell the next 25 development rights, he could do that within the context of the CPF funds, rather than the way the Land Preservation Committee is recommending that the incremental purchases by paid out of a separate and distinct bond... COUNCILMAN EDWARDS: Setting aside the issue of funding for it because that really isn't what is relevant here, what is relevant here is if a landowner is in the AgPDD program then the Town, just on any other one of these deals, the Town does have the right to say no we are not ready to buy all of your development rights, we will buy, you know, 10%. That is the issue, when you are in the AgPDD program, the Town does have the right to say no, just as they do Page 53 May 8, 2007 Southold Town Board Meeting Minutes with any other deal. MR. BAIl: Okay. COUNCILMAN EDWARDS: But that does not, as long as the Town is willing to buy 10%, free the landowner from the AgPDD. JUSTICE EVANS: Before the Town could buy everything that the landowner wanted to sell. MR. BAIl: Right. TOWN ATTORNEY FINNEGAN: Are you asking, too, does he have to go by the price that is set by the Board or can he, does he have the ability to negotiate his own deal? I think he still does. COUNCILMAN KRUPSKI: He should be able to go to the traditional program and negotiate the deal as currently available. MR. BAIl: Yes. You guys got it. And, let's as Bill said, assume, disregard funding sources on this question the point is that a landowner should be able to come in after doing some incremental sales and for whatever family reason or estate reason or what have you, the next, the last 25 need to go on a timely basis because otherwise, you know, somebody at 85 years of age could get stuck in a do loop for the next 25 years, at one a year. Right? JUSTICE EVANS: But if you entered the program, the Town is only required to buy the 10%. They may buy the entire thing but they are only required to buy the 10%. That is right, Pat, isn't it? TOWN ATTORNEY FINNEGAN: Right. COUNCILMAN KRUPSKI: That is correct. MR. BAIl: Yes. Okay. In my concluding comments, you will see that this is an area that really needs to be opened up. JUSTICE EVANS: And that was put that way because... TOWN ATTORNEY FINNEGAN: The Town is committing to buy the 10% but the Town could still be unable to buy the 10%, I mean, it is a matter of (inaudible) and saying, oh, gee, we don't have the money this year or whatever and then the person can go do a standard subdivision ifthey wanted to. But... MR. BAIl: Right, okay. Fine. We still have some talking to do. "Point number 4. The change implied in the proposed program for farmland owners being paid per development right instead of per acre as is the usual case under the existing program needs to be analyzed in detail in order Page 54 May 8, 2007 Southold Town Board Meeting Minutes to avoid unintended consequences. Depending on exactly how development rights are defined, the yield formula outlined in the proposed code may give a bonus to the same parcel in the incremental sales program compared to the existing program. While a bonus to encourage preservation is not necessarily a bad thing, in the case of the AgPDD the bonus was intended to be the ability to sell development rights incrementally; offering an incentive over and above this may result in landowners that would currently apply to the existing program with large projects to apply to the new program with much smaller projects which would decrease the preservation rate." i.e., the Land Preservation Committee is interested in maximizing land preservation rates. "The Land Preservation Committee recommends that the definitions and formulas used be analyzed in detail so that their impact on values and the existing program is known. 5. The proposed legislation requires that easements be filed on lands participating in the AgPDD as development rights are sold. It is unclear whether the intent is for such easements to be negotiated for each project or each increment or be standard easements for each project. Given that the development rights price for the AgPDD is intended to be a standard price for all participants in the AgPDD, the Land Preservation Committee recommends that the easements also be standardized so that they are the same for all participants and all increments in one participants property." We don't need one development right saying, okay, 2 percent ag structure coverage and then the adjacent development right saying 30 percent, etc. we need consistency. "Further, the Land Preservation Committee recommends that the standard easement restrict residential development only (because that is what the posted price is, it is for the removal of the ability to build residential development on the land) and that all agricultural rights remain intact. 6. One of the existing issues that sparked the initial interest in an incremental development rights program is the IRS capital gains regulation that requires payment of full capital gains up front, even in cases where the landowner accepts installment payments over time. It has been assumed that the proposed AgPDD program is a way around this point, that will provide important tax benefits to the participants and therefore be an incentive to join the program. The Land Preservation Committee recommends that this should be researched and confirmed or denied (in a private letter ruling or what have you) by the IRS (because this is a new contrary to the regular plan issue that we want to make sure the IRS is not going to say no, no, no etc., that you are just doing a delayed installment sale or something like that and still hit somebody up front for all the capital gains due on that delayed installment sale) so that the Town and farmland owners know exactly what the tax consequences of the program will be." In conclusion, the Land Preservation Committee supports the concept of an incremental development rights program as an additional tool to the Town's land preservation tools. We know of personally two farm families here who in the current generation have said that if their parents had had this available to them years ago, they would have taken the opportunity then and so I think going forward, this will be valuable for us to have as an additional tool. However, there are many details of the current proposal that need to be addressed in order to end up with a successful program that enhances the current program or existing programs. The Land Preservation Committee would like to request a joint meeting with the Town Board and or Code Committee to discuss these issues in more detail prior to any formal vote on the matter. I thank you for your time, I respectfully submit this report on behalf of the Land Preservation chairman and its members. Thank you. SUPERVISOR RUSSELL: Thank you very much. Page 55 May 8, 2007 Southold Town Board Meeting Minutes COUNCILMAN KRUPSKI: Can I just answer some of those briefly? SUPERVISOR RUSSELL: Sure. Did anyone else from the public want to speak on the issue? Okay. Go ahead, Albert. COUNCILMAN KRUPSKI: I just wanted to answer some of those briefly and just a bit of explanation, maybe I should have started with this. Councilman Edwards and Melissa Spiro of the Land Preservation Department and John Sepenoski and I have been working on this issue for quite a while. It started as a very simple concept of incremental sale of development rights. What it turned into is the devil in the details here. And I really appreciate your comments. I have heard a lot similar comments from people throughout the community about different things that have to be worked out. Obviously, it is a valuable tool for land preservation. On the other hand, it has to be tailored one, to protect the Town and two, to encourage farmers into the program ultimately. MR. BAIZ: Exactly. COUNCILMAN KRUPSKI: Because without that it will be totally useless. MR. BAIZ: It will be a dead tool. COUNCILMAN KRUPSKI: So we have to, I appreciate the positive comments and I hope there are other comments tonight and this is something that we want to continue to work on, till we get it, till we get the details straightened out. MR. BAIZ: Right. Good. Thank you. COUNCILMAN EDWARDS: I would add to that, that rather than a huge meeting involving the whole Town Board etc., we have and we may yet hear more from the public. We have got the letter from the Land Preservation Committee, the letter from the Planning Board and my thinking had been along the lines to go back to the original working group that Al mentioned plus somebody from Planning, either the Town Attorney or the Assistant Town Attorney and possibly one more person from Land Preservation, because John Sep has been involved in this throughout, to basically go in, I haven't heard anything in either one of those letters that would in my opinion, kill the deal. It is a matter of tweaking the legislation, which is why we have hearings, and we recognize that this is probably in some ways the most radical and will give credit to Al who came up with the idea of floating development rights, innovative preservation tool since the original 2 %. And so, my goal would be to get together a meeting very quickly to go through the issues that have been raised and address those as to how to work them out because I haven't heard anything that can't be worked out. MR. BAIZ: Right. Right. Oh, absolutely. But again, paraphrasing various members of the Town Board, devil's in the details, the details are very important in this kind of legislation because they must be very specifically spelled out so that future Town Board's and future Land Page 56 May 8, 2007 Southold Town Board Meeting Minutes Preservation Committee's are guided by those details and can't.... COUNCILMAN KRUPSKI: Manipulate them? MR. BAIZ: Well, I wouldn't even say that. Just look askance at them. COUNCILMAN EDWARDS: I think that one of the interesting things that you brought up here is based on informal conversations that I have had with a couple of attorneys, it would appear that there is not, that this does allow for the installment sale that everybody has been looking for years but you are right, we need a letter from the IRS. . . MR. BAIZ: Yes, absolutely. COUNCILMAN EDWARDS: ...that would give landowners a comfort level that they in fact (inaudible) MR. BAIZ: (Inaudible) because this published price is going to be the Town's poster child for land preservation in the future in this Town and regardless of what the other big project transactions are coming from Melissa's office, where we are buying all the development rights on separate parcels, as opposed to this incremental plan. But that one number up there is going to be everybody's incentive or disincentive to consider land preservation in Toto. So it is very, very important that we put all the boilerplate and bullet proofing that we can to the credibility and veracity of that number. Thank you. SUPERVISOR RUSSELL: I think AI, Bill and others made a very good effort. Now the input and the feedback we got from Land Preservation, Planning etc will make for a good law. And that is much appreciated and I think we are committed to working on it and polishing and honing those different abstract issues. MR. BAIZ: Super. SUPERVISOR RUSSELL: Thank you. Anybody else? By all means. ED BOOTH: Good evening, members of the Town Board. My name is Ed Booth, I have looked over this document, actually quite some time ago, I haven't seen the most recent addition but from what Mr. Wickham said, it is the same thing. I guess I am sad by the fact that you excluded the open space people and it seems so gratuitous, it seems such a throwaway. Thirty percent of the available land is open space. But you carefully wrote this so that they could not participate. I don't know why. The idea is preservation, why not include everybody? So that is my big problem with it. But in a detail or two, since it is for farmers, than what do you do if a farmer, say after two years, decides not to farm anymore? Are you going to cut his buttons off or what? What do you do then? Take it away from him? You can't. Think about that a little bit. Chris came up with several of the little problems about the, it is coming out of Land Preservation Committee, it seems to me I read in the paper in the New York Times even a few weeks ago, that Mr. Bishop was going to Washington trying to fix this problem with the incremental sale. I Page 57 May 8, 2007 Southold Town Board Meeting Minutes don't know whether you have seen that or not and that may save you guys and farmers in the end. But see, that is most of my complaints. I think it is a great thing, I mean, it is good to have one more tool in the toolbox as John Halsey would like to say. I am sorry that the toolbox isn't available to everybody. The question that came up in my mind was this one on comparable sales. Comparable sales of what? Comparable sales of DDR's or comparable sales in development? For example, if you look around and say, oh, land is going for $100,000 an acre around town as I can see from comparable sales in full developments, am I going to scale that down by some number, say 60%? Fix that as a proper development rights sale. Am I going to do something like saying, what can this land be sold for after the development right are stripped? Okay, $20,000 an acre. It is sold on the market normally for $100,000 so we will give everybody $80,000. I want to know what comparable sales you are talking about. Are they comparable DDR sales or full development sales? I can't think of anything else. Thank you. SUPERVISOR RUSSELL: Thank you very much. COUNCILMAN KRUPSKI: Just to answer that question about why we made the decision to limit this to agricultural land. We did give that a long, hard look in the very beginning. But we are sort of in the land of limited resources here money wise and we wanted to give, I think, full advantage to the agricultural industry to try to preserve that, where most of the open space purchases by the Town are fee title so the Town will own then and then use them as town owned resources whereas the development rights purchases are generally on farmland where the fee title is still owned by the farmer. MR. BOOTH: Maybe if you allowed the open space people to come in, you would find that that would change. COUNCILMAN KRUPSKI: Oh, I think there is still.... MR. BOOTH: It should be attractive to them as well as to the farmers. COUNCILMAN KRUPSKI: They still could use the regular program. COUNCILMAN EDWARDS: Yeah. I would like to respond on the comp's issue, Ed, because it is not clear from the legislation the methodology that we worked out and maybe we should write that into the legislation. What we decided because anytime you appraise a particular piece of property, you have to take into consideration the peculiarities of that property, road frontage, waterfront, whatever. We said once a year the Town would commission two separate appraisers to take a hypothetical 20 acre parcel with an average amount of road frontage, in other words it is going to be a 20 acre parcel and to come back to the Town and say based on comp's for development rights or indeed for actual sales of farmland because they can decide how much of that value is development rights and how much is the actual value of the farmland, the DRS land, to come back with a number that represents a cost per acre of development rights. We would average the two and convert that to a development rights value and that would be set by resolution. Now in times of high volatility we might adjust that every six months but basically the goal is to have something that is based on what is happening out there. Now if we use a 20 Page 58 May 8, 2007 Southold Town Board Meeting Minutes acre parcel, what is going to tend to happen is we are going to tend to attract owners of larger parcels because they are going to see that obviously as you know in the appraisal process smaller parcels for more per acre, so we are going to tend, we think, to attract people who own 30, 40 acre parcels more so than ones who own parcels under 20 acres. Also, they have more development rights to sell so they might be more attracted by the incremental process. But it is actually going to be a methodology based on appraisal and based on comp's but it is based on a hypothetical 20 acre parcel, not an actual parcel because we really want to say overall what is land selling for? And that is the goal, and that number will be, that will be commissioned by the Land Preservation Committee and they will come back with that number to the Town Board. MR. BOOTH: The land being sold, in other words, for full development? SUPERVISOR RUSSELL: Can I just... COUNCILMAN EDWARDS: Well, for whatever purpose. MR. BOOTH: But it is quite different. SUPERVISOR RUSSELL: Can I just caution that we don't want to codify definitions for comparable value? Appraisal is a profession and that profession is regulated by professional standards. I would leave it to the appraiser to provide what he, there are 15 different terms that comparable could fall under. I would leave it to the appraiser to do the appraising and then we can simply either take it at face value or go over it with the appraiser to determine if he followed an approach that we are comfortable with but I wouldn't want to presume in the Town code what a profession and professional standards already do. MR. BOOTH: But at the least it seems to me, make it clear whether or not we are talking about the comparable sales of development rights around town or you know, full development. COUNCILMAN EDWARDS: Well, you have to look at land sales because otherwise in effect your comparables are yourself. I mean, we are the ones that are buying development rights. MR. BOOTH: Right. Exactly. COUNCILMAN EDWARDS: But I mean a good appraiser is going to say that this is what the land is going for and I mean, the appraisals the Land Preservation Committee looks at all the time are transactions involving farmland with development rights intact. If we only use for comp's, what people are paying for development rights, we are the ones who are buying it and you know, you can't measure yourself against yourself, you have to measure yourself against the market. MR. BOOTH: Right. COUNCILMAN EDWARDS: And I will concur with Scotts actually warning me off the idea of codifying the methodology but the methodology basically will be based on two independently Page 59 May 8, 2007 Southold Town Board Meeting Minutes arrived at appraisals by professional appraisers. It is not some number... SUPERVISOR RUSSELL: In a perfect world, if you are buying land or if you are buying development rights, in a perfect world you will have enough transactions in the open market to establish values pretty quickly with comparables but that is not a likely scenario because there are so many nuances to the outright sale of development rights in the traditional program that it is going to be difficult to say, it is not like pulling three houses that match yours and coming up with a comparable value. There is a great deal of methodology determining in that so, but I understand your point regarding the specifics of. . . COUNCILMAN EDWARDS: There is one other thing that hasn't been mentioned tonight, Ed, at any point that is implicit in all of this and that is that once a landowner is in the AgPDD, their zoning is locked in perpetuity. This actually becomes a chapter in the Town Code, this agreement. MR. BOOTH: No, that is the hook. SUPERVISOR RUSSELL: Mr. Kayton, did you come in here to yell at me about drainage on Bray? JUSTICE EVANS: We are still in the hearing. SUPERVISOR RUSSELL: Oh, we are still in the hearing. Okay. We are still in the public hearing on Agricultural PDD. Let me see if I exhaust all interest... MR. KA YTON: You should have this in a private session, really. This is ridiculous. SUPERVISOR RUSSELL: It is a public hearing, so by law we have to have it in public. Would anybody else like to address the Town Board on the issue? JOHN NICKLES, JR.: John Nickles, Jr. Southold. I wasn't planning on speaking on this issue tonight. I only read it once. I think you need to read it a couple more times to get the full understanding of it. I think that this issue about how you are going to come up with the price is probably the most important thing, one of the most important things in this law. And if you are going to set it once a year, you know, you have to look and decide whether or not that is going to help you or hurt you. Especially if the market is moving rapidly. So if you are setting it at the beginning of the year or at some point in the year, well, a landowner could be looking at it and thinking, well the market is moving rapidly here this price is way outdated. So if you could think of a way that you could index this to some current market statistic on what sales are going on out here, I think that might be helpful. That is my only suggestion. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to comment on the subject of the public hearing? (No response) Move we close the hearing. This hearing was closed at 8:59 PM Page 60 May 8, 2007 Southold Town Board Meeting Minutes RESULT: CLOSED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell 3. Statement SUPERVISOR RUSSELL: With that out of the way, would anybody like to come up and address the Town Board on any issue? Mr. Kay ton? CHUCK KA YTON: Chuck Kayton, Bray Avenue, Lake Bray. (Inaudible) SUPERVISOR RUSSELL: I had the engineer do a drainage plan, first of all, we have already a leeching field on that property, well, we do Charlie. Let me tell you, what we did was we came up with three different options for that site. All are very expensive and we plan on doing all of them but I already had drainage projects that we started. We need to finish those so I can pull the resources and the man power over to Bray. Every single option that we looked at requires raising the level of that lot. But, you know where I work. You can come in and I will show you the four plans. I mean, we are working on that, I told you that. Jamie... MR. KA YTON: Someone is going to drown here one of these days if you don't take care of this problem. I mean, this is insane. If you guys lived next to this, this thing would have been done a long time ago. SUPERVISOR RUSSELL: And I have to be honest, you are 100% right. But I have this all over Southold Town and we already started drainage plans in other areas. I had the engineer do four different drainage plans, just like a I promised you and I will go over all of them with you, every single one of them is going to be a very expensive process and we are committed to it but I need to finish up, I have a couple of projects in Cutchogue, I have one in New Suffolk that has been waiting for 30 years with the same problem. Every one ofthem will be done. MR. KA YTON: This is a main road though. This is not a, you know, a local street. This is practically a major highway there. Every time I turn around (inaudible) and nobody is doing nothing but looking at water. I mean, this should have been done a long, this was on the list for 30 years. SUPERVISOR RUSSELL: That is right. MR. KA YTON: That is why it should be done first. I don't think anybody has been waiting that much longer than we have. (Inaudible) SUPERVISOR RUSSELL: Huh? I sat down with Jamie and Mr. Kayton has been with me a few times, I sat down with Jamie and we came up with four different dredging, I am sorry, leeching field and drainage options. They are going to be expensive. We are committing to this but I still need the New Suffolk, which we are supposed to authorize for bond today. All these pending projects that were here before I got here need to be executed and done. And then I will have the manpower from Highway and a little bit from DPW to get over there and get that done. Page 61 May 8, 2007 Southold Town Board Meeting Minutes But I have pictures like that throughout all of Southold Town particularly with the rain we have been getting with the frozen ground just a month or so ago. And all of these communities are right and nobody, they haven't prior to the past couple of years, there hasn't been a real focus on drainage but there is now. MR. KA YTON: Well, why don't we just let the water go right into the lake until you get this thing straightened out? SUPERVISOR RUSSELL: DEC will not let me do that. MR. KA YTON: DCC don't even know about it. SUPERVISOR RUSSELL: The DEC is out here every day. MR. KA YTON: They don't know they are alive anyway. How can you shut off water, a creek, that has been going there for 100 years until they decide to fix it? Now this has been 10 years of water going down, do you know what that water. . .. SUPERVISOR RUSSELL: I can't get the water over there unless I knock down that garage on that person's property. You know that. I am not going to knock down a garage that was CO'd when I was in the 6th grade. MR. KA YTON: Listen, you don't have to knock down any... SUPERVISOR RUSSELL: How am I going to get it over there? MR. KA YTON: With a pipe under the ground. Let it go down until you get the damn thing fixed. SUPERVISOR RUSSELL: Under whose? Under the neighbors? It goes right across the property. MR. KA YTON: It is not the neighbor, that is an easement. You guys have an easement. SUPERVISOR RUSSELL: That is where the garage sits. MR. KAYTON: No... SUPERVISOR RUSSELL: There is another one? MR. KA YTON: A little over from the garage. You can get right by there on that easement. SUPERVISOR RUSSELL: The DEC comes out, they have actually violated public officials within the past few months. They are out here all the time. Ifit were that easy, I would solve the drainage issues throughout the entire town. My problem is is that they historically spent their Page 62 May 8, 2007 Southold Town Board Meeting Minutes drainage money on putting it into the creeks and the federal and the state and the town and the county say that is bad policy. So we are trying to retrofit every community out here with proper drainage. MR. KA YTON: Well, let me tell you something about the mosquito situation there. We get loads of mosquitoes, they bring malaria because you got people in this country that's carrying malaria in here, all types of, diphtheria. . . SUPERVISOR RUSSELL: You are right. MR. KA YTON: I hate to tell you this what they are carrying but I am not even going to bring that up. Now the longer we wait, supposing somebody gets bit by a mosquito because of that water laying there, it is a perfect nest for mosquitoes, it is unbelievable. They come out the size of horseflies. Now we have been looking at this now for quite a few years, 30 years and you can see the pictures. It hasn't changed any so I think maybe we should get on the ball here. Do something with that water. Either go down and dig holes down there, just put something there, do something, hold it up to get a little break on that water. You can see those pictures. That was taken last week. SUPERVISOR RUSSELL: That is right. And I had pictures like that throughout the entire town. And we have drainage projects that we are working on right now. We are getting to all of them. We got the resources, this Board committed to resources this past year, Highway Superintendent personnel, we have added personnel there to get all of this done. I sat down with you, you had a lot of good engineering suggestions, I gave them to the engineer who incorporated them in a few of the four different plans he came up with and we are, this is on our list of items to get done. But I already had some started that needed to be finished. MR. KA YTON: You know what how many years. . . SUPERVISOR RUSSELL: And honestly, if you were from New Suffolk right now or Aquaview Lane, I can think of dozens of streets where they could be saying the same exact thing you are saying and they have been saying that because they have been ignored for 30 years too. I agree. MR. KA YTON: I don't know about that. Anyway, the lady who lives next door to the lake Bray never complains about anything but when the water starts going in here house and takes her plants out of the ground I think maybe we should start thinking about that poor lady living there. SUPERVISOR RUSSELL: You are right. MR. KA YTON: At least they said they are right. (Inaudible) SUPERVISOR RUSSELL: Yeah, put them in with the other ones you have given me. I know it is there, we went out and did four. . . MR. KA YTON: (Inaudible) Page 63 May 8, 2007 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Charlie, I don't understand your point tonight. I told you I would direct the engineer to come up with a drainage plan, he came up with four. So, I agree with you, we know it is a problem. We are getting to it. I have got problems all over Southold Town. Bray isn't unique. I have got flooding all over this entire Town. I have got places that have been ignored for 30 or 40 years all over town. This Board is committed to putting a focus on it now. We have a drainage committee. We have, we meet every two weeks. We have men working every day in the field. I have projects pending right now in probably three different locations. We have another one we just went out to bond for tonight, to authorize for bids for New Suffolk which has been waiting more than 30 years. They are all important and yours is important, too and we are getting to it. We didn't ignore you when you came to the last meeting. We came up with a specific plan to address it. MR. KA YTON: I am proud of you. Listen, one more thing while I have got you talking about drainage. If you can consider it, start a little sooner on it, it would be appreciated because a lot of people down there are moving. They just had enough of it. I mean, we got people right across from the lake Bray, they decided to get out of here. I hate to see that happen. So, I am at your mercy. And by the way, Frank Carlin will be back next meeting. I thought you fellas would like to hear that. Thank you for your time. SUPERVISOR RUSSELL: I was wondering what happened to him. Thanks. Thank you, Mr. Kay ton. Would anybody else like to address the Town Board? Mr. Wills. FRANK WILLS: Frank Wills, Mattituck. I hate to be the bearer of bad news, basically on a subject that was a great idea. I am talking about the new traffic light at Westphalia and 48 in Mattituck. Regrettably, although there were signs posted on Westphalia saying there is a new traffic light, I don't think anything was done on 48 and at quarter to 7 tonight, the first accident happened at that intersection. Because most people who drive on 48 are doing as a minimum maybe 50 or probably 60 miles per hour and all of a sudden woops, they see a red light. Well, they can't stop. There were six police cars and an ambulance when I went by. SUPERVISOR RUSSELL: And the county didn't put any type of indication.. . MR. WILLS: Not on 48. On Westphalia a sign was up, new traffic light. SUPERVISOR RUSSELL: That is not where the high speed traffic is, it is on 48. MR. WILLS: Exactly. So my suggestion is to urge the Town to get after whoever is supposed to do... SUPERVISOR RUSSELL: The county. I will do, the first thing tomorrow. MR. WILLS: To put flashing lights on 48 because it is going to take a while for people to get used to a traffic light. Page 64 May 8, 2007 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: You are exactly right. I didn't know that. The Department of Transportation of Suffolk County, we will call them first thing tomorrow morning. Thank you very much for bringing it to our attention. Would anybody else like to comment on any issue? Mrs. Egan. JOAN EGAN: Joan Egan, East Marion. My little speech, the last Town Hall meeting, people are doing much better on the cell phones. I only got one in the last two weeks. And please, please again, no cell phones when driving. Report to the police and get to know your neighbors in a friendly way. It helps, it really does. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? (No response) Okay. Can I get a motion to close? 4. 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 9: 1 0 P.M. . . . . . ~_L.aQ--'~U.. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS) MOVER: Thomas H. Wickham, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Page 65