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Home My WebLink AboutTB-06/05/2007 ELIZABETH A. NEVILLE TOWN CLERK Town Hall, 53095 Main Road POBox 1179 Southold, NY 11971 Fax (631)765-6145 Telephone: (631) 765 - 1800 southoldtown .northfork.net REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES June 5, 2007 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, June 5, 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 Absent Scott Russell Town of South old Supervisor Present Elizabeth A. Neville Town of Southold Town Clerk Present Patricia A. Finnegan Town of Southold Town Attorney Present I. Reports 1. North Fork Animal Welfare League March. 31, 2007 & 2006 2. Recreation Monthly Report April 2007 3. Budget Report Month ended April 30, 2007 4. Justice Bruer May 2007 Page I June 5, 2007 Southold Town Board Meeting Minutes II. Public Notices 1. Appliction to US Army Corps of Engineeers James McCarthy, 200 4th St., Greenport to construct a dock, float dolphins and a tie-off pile Greenport Harbor 2. Application to U S Army Corps of Engineers Nancy Pope, 2555 Youngs Ave, Southold to construct a pier with a walkway, pier, ramp, and floating dock. Sterling Basis adjacent to the Greenport Harbor. 3. Appliction to NYS Liquor Authority for an On-Premises Liquor License Top Fork Food, LLC, 240 Love Lane, Mattituck III. Communications IV. Discussion 1. 9:00 AM - David Bergen Dredging 2. 9:30 AM Trustees Abandoned/Illegal Mooring Removal Proposal 3. 10:00 AM Jim Bunchuck Mulch 4. 10:30 AM Mark Terry, John Sepenoski Land Stewardship Program 5. Fireworks At Strawberry Fields 6. Request for Use of Strawberry Fields 7. Amendment to the Code Re: Signage 8. Administrative Assistant (promotion) 9. No Parking At Bay Shore Road 10. CAC Interviews/Appointment 11. 1:00 PM Executive Session - Melissa Spiro Page 2 June 5, 2007 Southold Town Board Meeting Minutes Property Acquisition 12. Executive Session Property Acquisition 13. Executive Session Labor 14. Animal Shelter 15. Home Rule Request S.1842-A A.3474-A Special Presentation 7:30 PM - Special Recognition: Unraveling Racism COMMENTS - Current Meeting: Laurie (inaudible), Chief Carlisle Cochran, Captain Martin Flatley, (inaudible) Meyers, Andrea (inaudible) she actually was representing Mattituck High School, Shelly Pickering, Cynthia Smith. Just as a point of information, these actually, the individuals represented the Anti-Bias Task Force, members of law enforcement, from the local schools. Very, very cooperative effort on everyone's part. Valerie Shelby, (inaudible) Watson, (inaudible) MERLE LEVINE: (inaudible) for two days is very demanding. And it is demanding not only to learn about what racism means in the job and society but what ones own mind and (inaudible). So it is (inaudible) and we were so pleased to have the police department, the teachers in the schools (inaudible) as a member of the Anti-Bias Task Force, is also the pastor of the (inaudible) and we did a have a reception from (inaudible) and (inaudible) and it is something that the Anti- Bias Task Force has wanted to do for such a long time. So we are very pleased and particularly pleased that the Supervisor was so supportive. I thank him, too. Openin2 Remarks 16. Statement SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. Before we get the meeting underway, we just want to take care of some business and recognize some of our people, members of the Anti-Bias Task Force. I have my police Chief and my police Captain here. They recently participated in a two day, all day event. It is a seminar to erase racism. The important role that they play in bringing their knowledge back to this community is something that I know we all support. The Town Board wanted to recognize them for giving up their time, attending this conference and then coming back here and we look forward to the future reference on their part in helping us institute a lot of the recommendations that were made. What I am going to do is present these proclamations, certificates of Page 3 June 5, 2007 Southold Town Board Meeting Minutes appreciation on behalf of the Town Board. I am going to come down there. I am just going to ask, I see we probably don't have a lot of the members here tonight but I will read the names off. As I mispronounce your name, you can kind of come on up and get your proclamation. Joan Egan, East Marion SUPERVISOR RUSSELL: Okay. Now, everyone has a copy of the agenda. Would anybody like to come up and address the Town Board on any item as it appears on the agenda? Mrs. Egan? JOAN EGAN: Good evening, Joan Egan, East Marion. I am going to start the meeting off with a good note, congratulations to Mrs. Finnegan's girl, she went ahead on her own, she didn't cop out with it is not my job. She persevered on the channel 22, we don't have all the clarification but we are getting there and she ran into a lot of obstacles, to call this number, to call that number so, congratulations. Thank you very much, I am glad we got it done. And I see they are here with your little gadgets, for $350 a month or $75. You have got that going? Now, 504, now this is only in relationship to the Mattituck Fire Departments 100th anniversary? That is great. SUPERVISOR RUSSELL: Yes, it is a ceremony for the Mattituck Fire District. MS. EGAN: But it is just for the... SUPERVISOR RUSSELL: I am sure they are going to have a lot of other fire departments represented at the event, but it is to celebrate their 100th anniversary. MS. EGAN: Right. Where will it be, really? SUPERVISOR RUSSELL: It is actually going to be, it is going to be at Strawberry Fields, I think they are going to have a parade, I don't know that the route has been firmly established but they are working on a very big event. COUNCILMAN ROSS: It is going to be in the hamlet. The parking is Strawberry Fields and there will be a parade. But the event will be in the hamlet, Love Lane and the area. MS. EGAN: Good. Now, there is another, well, we will do 505 but it will encompass more than that. There are a lot of these student interns. Are these all students from here? From our schools? SUPERVISOR RUSSELL: Yes. This particular student is from Southold High School. MS. EGAN: And they are all from local schools here? SUPERVISOR RUSSELL: Yes. MS. EGAN: Good. And where do we need a new item? 5077 And where do we need a new position of Senior Clerk Typist? Page 4 June 5, 2007 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: That is not a new posItIOn, it is a promotion for an existing employee. All this does is establishes the salary for this position. MS. EGAN: Oh. Good. Oh, this one intrigued me, 509. Who is going to go to that? SUPERVISOR RUSSELL: That is a seminar that is going to be offered right here at Southold Town Hall. What that is, there is new state law that requires continuing education for PI arming Boards and Zoning Boards of Appeal. The Zoning Boards of Appeal actually put that training together and then offered the training to all other offices in town government, since it is a broad topic considering utilizing surveys, etc. It is probably of interest to many different departments, Trustees, Assessors, etc. And it will be right here at Town Hall. MS. EGAN: Oh, I should say so, because you know with this affordable housing coming up there is a lot of unsettle, unhappy people. And I see you are going to need help with the Justice Court and they always need more help, especially at this time of year because of vacations but because there are more people out here, more fines, more problems. Oh, item 512, I see recreation. Where are we on, I know you had a meeting I think a week ago Tuesday night on the purchase of the Peconic School as the recreation. Where is that now? SUPERVISOR RUSSELL: Actually that was an informational hearing. We didn't get a huge turnout, to say the least. So far the public has been fairly quiet on the issue, either pro or con. I have gotten some personal cornments from people who generally support it. I support it, so I feel like I am sort of shading the debate but in the next couple of weeks we will be taking the issue up and hopefully getting a more robust response from the public. MS. EGAN: Good. Oh, I see we have 514, changing his status from seasonal to full time, Bay Constable Robert Conway. I keep telling you and I say it over again, you are going to need more police, more bay constables. I mean, it is a zoo out there. Oh, and item 515, why do we need two more people as gate keepers at the dump? SUPERVISOR RUSSELL: The summer gets to be a very active season up there because of the summer residents... MS. EGAN: Yeah. SUPERVISOR RUSSELL: These are part time positions for the summer. MS. EGAN: Just for the summer? SUPERVISOR RUSSELL: Yes. MS. EGAN: And what does the summer encompass? SUPERVISOR RUSSELL: Until the crowds stop being so heavy. Page 5 June 5, 2007 Southold Town Board Meeting Minutes MS. EGAN: That is not an answer. That is cop out. SUPERVISOR RUSSELL: You are dam right it is. MS. EGAN: Your children are teaching you well. SUPERVISOR RUSSELL: Thank you. MS. EGAN: Oh, now, no this is another one, this is a beautiful thing, 523. That is coming up next week, a grant for the Wounded Warrior project. That is a beautiful, is that how they got.... SUPERVISOR RUSSELL: That would be my presumption but I will let Betty answer. TOWN CLERK NEVILLE: Yeah. SUPERVISOR RUSSELL: They were stored in the basement for quite a few years. TOWN CLERK NEVILLE: Yes, they were in the basement and one of the walls was cracked down there and when we get a north easter we get water downstairs, there doesn't seem any stopping it. MS. EGAN: Yeah, well, shame on Town Hall that this ever happened because that basement has been a mess since the best of my knowledge, for seven, eight, nine, ten years. So shame on any and all of you who were Town Hall people and didn't latch onto it. I know I did. SUPERVISOR RUSSELL: She is talking to you, you Ryder Farm Lane people. MS. EGAN: Now, is this, 531, this is repetition really, isn't it? Fines and parking and all of that? 532, we have gone over all of that. SUPERVISOR RUSSELL: I am sorry, 531 is actually a proposal for a sign law, for the temporary sign law that is getting out of hand. The other issue, 532, for the parking issues. One is in reference to Mattituck High School, one is in reference to Greenport High School. MS. EGAN: Yeah. We don't have any of those flashing lights yet. That is it for now, thank you. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board on the agenda? (No response) Hearing none, let's move ahead. V. Resolutions 2007-502 CATEGORY: DEPARTMENT: Audit Town Clerk Page 6 June 5, 2007 Southold Town Board Meeting Minutes Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated June 5. 2007. .t' Vote Record ~ Resolution RES-2007-S02 Yes/Aye NolNay Abstain Absent Ii'I Adopted Albert Krupski Jr. Voter Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'I 0 0 0 0 Defeated Daniel C. Ross Seconder Ii'I 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 Ii'I Scott Russell Voter Ii'I 0 0 0 2007-503 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Next Meeting RESOLVED that a SPECIAL MEETING of the Town Board will be held Wednesday, June 6, 2007 at 9:00 AM at the Executive Board Room in the Town Hall Annex, Southold, New York, and be it further RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, June 19.2007 at the Southold Town Hall, Southold, New York at 4:30 P. M.. ./ Vote Record - Resolution RES-2007-SOJ Yes/Aye NolNay Abstain Absent Ii'I Adopted Albert Krupski Jr. Seconder Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'I 0 0 0 0 Defeated Daniel C. Ross Voter Ii'I 0 0 0 0 Tabled Thomas H Wickham Initiator Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 Ii'I Scott Russell Voter Ii'I 0 0 0 2007-504 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Mattituck Fire Department to Use Strawberry Fields on September 7 - 9, 2007 From 8: 00 Am to 10:00 Pm for the Celebration of the Fire Department's I OOTh Anniversary Celebration RESOLVED that the Town Board of the Town of Southold hereby e:rants permission to the Mattituck Fire Department to use Strawberry Fields on September 7 - 9. 2007 from 8:00 am to 10:00 pm for the celebration of the Fire Department's 100th Anniversary Celebration Page 7 June 5, 2007 Southold Town Board Meeting Minutes as outlined in their application, provided they file with the Town Clerk a one million dollar Certificate of Liability Insurance naming the Town of South old and the County of Suffolk as additional insured for $1,000,000.00 each and contact Captain Flatley of the Southold Town Police Department immediately upon receipt of the approval of this resolution to coordinate traffic control. of' Vote Record - Resolution RES-2007-S04 Yes/Aye NolNay Abstain Absent It! Adopted Albert Krupski Jr. Initiator It! 0 0 0 0 Adopted as Amended William P. Edwards Seconder 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 0 0 0 It! Scott Russell Voter It! 0 0 0 2007-505 CATEGORY: DEPARTMENT: Employment - Town Accounting Hire Leah Bujkins As Student Intern RESOLVED that the Town Board of the Town of South old hereby appoints Leah Bulkins to the position of a Student Intern for the Supervisors Office, effective June 5, 2007, at a rate of $11.27 per hour. ./ Vote Record - Resolution RES-2007-SOS Yes/Aye NolNay Abstain Absent It! Adopted Albert Krupski Jr. Voter 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 Seconder It! 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 It! Scott Russell Voter It! 0 0 0 2007-506 CATEGORY: DEPARTMENT: Employment - Town Accounting Appoint 5 AEOs to the Highway Department RESOLVED that the Town Board of the Town of Southold hereby appoints the followinl!: to the position of Auto Equipment Operators for the Highway Department, effective June 21,2007, at a rate of$19.8696 per hour: Page 8 June 5, 2007 Southold Town Board Meeting Minutes Jayme L. Bednoski Donald J. Dejesus David A. Doroski Donald R. Sayre Jr. Michael Sweeney Jr. ./ Vote Record - Resolution RES-2007-506 Yes/Aye NolNay Abstain Absent Ii!l Adopted Albert Krupski Jr. Voter Ii!l 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii!l 0 0 0 0 Defeated Daniel C. Ross Initiator Ii!l 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii!l 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 Ii!l Scott Russell Voter Ii!l 0 0 0 2007-507 CATEGORY: DEPARTMENT: Employment - Town Town Clerk Create Position of Senior Account Clerk-Typist RESOLVED that the Town Board of the Town of South old hereby creates the position of Senior Account Clerk- Tvpist and establishes the followinl! salarv scale for 2007: Entry $38,781.28 Step I $42,036.95 Step 2 $43,339.21 Step 3 $45,091.07 Step 4 $46,393.33 Step 5 $49,624.19 ./ Vote Record - Resolution RES-2007-S07 yes/i\ye No/Nay Abstain Absent Ii!l Adopted Albert Krupski Jr. Voter Ii!l 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii!l 0 0 0 0 Defeated Daniel C. Ross Seconder Ii!l 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii!l 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 Ii!l Scott Russell Voter Ii!l 0 0 0 2007-508 CATEGORY: DEPARTMENT: Employment - Town Town Clerk Appoint Adam Sotiryadis to the Position of Pump-Out Boat Operator RESOLVED that the Town Board of the Town of South old hereby appoints Adam Sotirvadis Page 9 June 5, 2007 Southold Town Board Meeting Minutes to the position oePump-Out Boat Operator for the Board of Trustees, effective June 8, 2007 through the weekend of October 6, 2007, at a rate of$12.00 per hour. -/ Vote Record - Resolution RES~2007-508 Yes/Aye NolNay Abstain Absent Ii'! Adopted AJ~ert Krupski Jr. Initiator Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Seconder Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 Ii'! Scott Russell Voter Ii'! 0 0 0 2007-509 CATEGORY: DEPARTMENT: Attend Seminar Town Clerk Approve Seminar by Anthony Abruzzo RESOLVED that the Town Board of the Town of South old hereby approves the seminar offered by Anthony Abruzzo, NYS licensed surveyor, to be held on June 9. 2007. to Qualify as traininl!: to satisfy the requirements oeNYS Town Law Sections 267 and 271 relatinl!: to mandatorv traininl!: for Zoning Board and Planning Board members. ./ Vote Record - Resolution RES-2007-S09 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Seconder Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 Ii'! Scott Russell Voter Ii'! 0 0 0 2007-510 CATEGORY: DEPARTMENT: Employment - Town Town Clerk Heather Domino As a Summer Intern In Justice Court RESOLVED that the Town Board of the Town of Southold hereby appoints Heather Domino as a summer intern in the South old Town Justice Court. effective June I, 2007. She is to serve in this capacity with no compensation. Page 10 June 5, 2007 Southold Town Board Meeting Minutes ./ Vote Record - Resolution RES-2007-SI0 Yeslt\ye NolNay Abstain Absent Iil Adopted Albert Krupski Jr. Voter Iil 0 0 0 0 Adopted as Amended William P. Edwards Voter Iil 0 0 0 0 Defeated Daniel C. Ross Initiator Iil 0 0 0 0 Tabled Thomas H. Wickham Seconder Iil 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 Iil Scott Russell Voter Iil 0 0 0 2007-511 CATEGORY: DEPARTMENT: Budget Modification Town Attorney Budget Modification - Town Attorney RESOLVED that the Town Board of the Town of Southold hereby modifies the 2007 General Fund Whole Town bud~et as follows: From: AI990.4.1 00.1 00 Contingencies $7,015.62 To: A 1420.4.500.1 00 Town Attorney, Legal Counsel $1,125.00 AI420.4.600.100 Town Attorney, Litigation Expenses $5,890.62 ./ Vott Record - Resolution RES-2007-S11 Yes/Aye NolNay Abstain Absent Iil Adopted Albert Krupski Jr. Voter Iil 0 0 0 0 Adopted as Amended William P. Edwards Voter Iil 0 0 0 0 Defeated Daniel C. Ross Seconder Iil 0 0 0 0 Tabled Thomas H. Wickham Initiator Iil 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 Iil Scott Russell Voter Iil 0 0 0 2007-512 CATEGORY: DEPARTMENT: Employment - Town Recreation Hire Seasonal Employees - Issue Beach Permits Page 11 June 5, 2007 Southold Town Board Meeting Minutes Resolved that the Town Board of the Town of Southold appoint the following 2007 seasonal summer staff for the period June 23 - September 3, 2007 as follows: STILLWATER LIFEGUARDS HOURLY SALARY 1. Thomas Anderson (3rd year)... ... ...... ... .............. ... ... ... ... ... $12.72 2. Gibson Campbell (5th year)............................................ $13.27 3. Con or Corridan (4th year).......................................... .... $12.99 4. Francesca Dellaquilla (1st year).............................. ... ...... $12.17 5. Jordan Doroski (5th year).............................................. $13.27 6. Elissa Fondiller (4th year)................................. ............. $12.99 7. Julianne Hall (1st year)...... ......... ............... ........ ... ......... $12.17 8. Benjamin Johnson (1st year).......................................... $12.17 9. Alyssa Knoernschild (1st year)............ ...... ..................... $12.17 10. Brittany Knote (2nd year)... ... ....... ... ... ... ... ................. ... .... $12.44 11. Ryan Kraemer (4th year).............................................. $12.99 12. Jaimie MacDonald (3rd year)......................................... $12.72 13. Kathleen MacDonald (5th year)...... ...... ...... ...... ...... ...... .. $13.27 14. Faye Miller (1st year)...... ......... ..................... .......... ...... $12.17 15. Colin Palladino (2nd year).............................. ................. $12.44 16. Lindsay Riemer (5th year)............ ..................... ...... ....... $13.27 17. Thomas Smith (1st year)............... ............ ............ ........ $12.17 18. Jennifer Whyard (8th year)............ ................................. $14.09 19. Sean Whyard (4th year)................................................. $12.99 20. Laura Young (6th year)...... ....................................... ..... $13.54 BEACH ATTENDANTS 1. Krista Bracken (1st year)............... ..................... ............ ..$9.42 2. William Bunchuck (1st year)............................................ $9.42 3. James Crosser (1st year)............ ........................ ...... ..... $9.42 4. Kaitlyn Fingerle (1st year)...... ......................................... $9.42 5. Carlos Katz (5th year).................................................... $10.08 6. Cynthia Murray (5th year)............ ................................... $10.08 7. Jason Petrucci (2nd year)................................................ $9.58 8. Megan Ross (1st year)........................... ................... ..... $9.42 Page 12 June 5, 2007 Southold Town Board Meeting Minutes RECREATION SPECIALISTS (WATER SAFETY INSTRUCTORS) 1. Elizabeth Bannon (2nd year).................................... ... ...... $16.82 2. Emily Harper (4th year).......................................... ... ..... $17.32 BEACH MANAGERS 1. Arthur Quintana (19th year)............................................ 2. Timothy McElroy (1st year)...... ... ... ... ... ... ... ... .............. ..... $15.94 $13.54 RECREATION AIDES (PLAYGROUND INSTRUCTORS) 1. Kara Erdman (3rd year)................................................. $11.84 2. KaitieMazzaferro (2nd year)........................................... $11.59 LIFEGUARD TRAINER 1. Deborah Hennenlotter (6th year)...... ........................... ..... $16.99 Resolved that the Town Board of the Town of Southold authorize the issuance of free beach parking permits to the following employees: Water Safety Instructors, Beach Attendants, Lifeguards, Beach Managers, and Recreation Supervisor Ken Reeves. ./ Vote Record - Resolution RES-2007-512 Yes/Aye NolNay Abstain Absent 6i:I Adopted Albert KJ'llpski Jr. Initiator 6i:I 0 0 0 0 Adopted as Amended William P. Edwards Seconder 6i:I 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 6i:I 0 0 Tabled Thomas H. Wickham Voter 6i:I 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 6i:I Scott Russell Voter 6i:I 0 0 0 2007-513 CATEGORY: DEPARTMENT: Public Service Town Clerk Grant Permission to the Southold Yacht Club to Park Overflow Vehicles In the Town's Parking Lot At Goose Creek Beach During Certain Club Functions RESOLVED that the Town Board of the Town of Southold hereby !!rants permission to the Southold Yacht Club to park overflow vehicles in the town's parkin!! lot at Goose Creek Beach durin!! the followin!! Club's functions: June 23 - Sailing School Orientation/Welcome Reception July 8 - World's Longest Sunfish Race Around Shelter Island July 14 - Southold Yacht Club Fund Raiser Beach Party Page 13 June 5, 2007 Southold Town Board Meeting Minutes July 21 & 22 - USSCA Junior North American Sunfish Championship July 27 - Carol Smith Regatta August 19 - Southold Yacht Club Awards Ceremony and these vehicles shall be exempt from the Southold Town parking fees on the dates listed, provided the cars are displaying a special Southold Yacht Club Parking Permit and the yacht club contacts Captain Martin Flatley of the Southold Town Police Department immediately for instructions for the proper placement of the permits. -/ Vote Record ~ Resolution RES-2007-SlJ Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Seconder Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 Ii'! Scott Russell Voter Ii'! 0 0 0 2007-514 CATEGORY: DEPARTMENT: Employment - Town Police Dept Change Status From Part Time to Seasonalfor Bay Constable Robert Conway RESOLVED that the Town Board of the Town of Southold hereby changes the status of Bav Constable Robert Conwav from Part Time to Seasonal Bav Constable effective Wednesdav. June 20. 2007. .;' Vote Record - Resolution RES-2007-S14 Yes/Ay~ l'lo/Nay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii'! 0 0 0 0 Defeated Daniel C. Ross Initiator Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 Ii'! Scott Russell Voter Ii'! 0 0 0 2007-515 CATEGORY: DEPARTMENT: Employment - Town Solid Waste Management District Duplicate of2007-516 Part Time Gatekeepers RESOLVED that the Town Board of the Town of Southold hereby appoints Richard T. Page 14 June 5, 2007 Southold Town Board Meeting Minutes Olszweski and Stanlev Zurek to the position of Part-Time Gatekeeper at the Cutchol!:ue Transfer Station, effective June 8, 2007 at a rate of$12.01 per hour. v' Vote Record - Resolution RES-2007-515 Yes/Ay~ No/Nay Abstain Absent I1l Adopted Albert~rupskiJr. Voter I1l 0 0 0 0 Adopted as Amended William P. Edwards Voter I1l 0 0 0 0 Defeated Daniel C. Ross Seconder I1l 0 0 0 0 Tabled Thomas H. Wickham Initiator I1l 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 I1l Scott Russell Voter I1l 0 0 0 2007-516 CATEGORY: DEPARTMENT: Employment - Town Accounting Hire Zurek and Olszewski As Guards At Solid Waste RESOLVED that the Town Board of the Town of South old hereby appoints Stanlev Zurek and Richard Olszewski to the position of Guard for the Solid Waste District, effective June 8, 2007, at a rate of $12.01 per hour. .t' Vote Record - Resolution RES-2007-S16 Yes/Aye NolNay Abstain Absent I1l Adopted Albert J<(l"lipski Jr. Initiator I1l 0 0 0 0 Adopted as Amended William P. Edwards Voter I1l 0 0 0 0 Defeated Daniel C. Ross Seconder I1l 0 0 0 0 Tabled Thomas H. Wickham Voter I1l 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 I1l Scott Russell Voter I1l 0 0 0 2007-517 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification -- Accounting & Finance RESOLVED that the Town Board of the Town of South old hereby modifies the 2007 Accountinl!: & Finance Department budl!:et as follows: To: A. 1310.1.1 00.1 00 Regular Earnings $ 2,900.00 From: A. 131 0.1.1 00.400 Sick Earnings $ 2,900.00 Page 15 June 5, 2007 Southold Town Board Meeting Minutes ./ Vote Record - Resolution RES-2007-517 Yes/Aye N()/Nay Abstain Absent Ii'! Adopted Albert Krupski Jr. Seconder Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 Ii'! Scott Russell Voter Ii'! 0 0 0 2007-518 CATEGORY: DEPARTMENT: Budget Modification Accounting Create Capital Budget for Assessment Book Mold Removal RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the followine Capital Proiect in the 2007 Capital Budeet: Capital Project Name: Assessment Book Mold Removal Financing Method: Transfer from General Fund Whole Town Budget: Revenues: H.5031.15 Interfund Transfers $2,000 Appropriations: H.J 460.2.400.100 Records Management Capital Outlay Assessment Book Mold Removal $2,000 -/ Vote Record. Resolution RES-2007-518 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii'! 0 0 0 0 Defeated Daniel C. Ross Initiator Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 Ii'! Scott Russell Voter Ii'! 0 0 0 2007-519 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Fishers Island Harbor Committee RESOLVED that the Town Board of the Town of South old hereby reappoints Gaines Gwathmev and Steven Malinowski to the Fishers Island Harbor Committee, effective Page 16 June 5, 2007 Southold Town Board Meeting Minutes immediately through March 31, 2012; and RESOLVED to replace Twi!!: Sticknev with Peter Ru!!:!!: representing West Harbor; and BE IT FURTHER RESOLVED that all appointments to this committee shall be extended from the December 31 expiration date to March 31 of the following year, in keeping with all other town committees. ./ Vote Record - Resolution RES-2007-519 Yes/Aye No/Nay Abstain Absent It! Adopted Albert Krupski Jr. Voter It! 0 0 0 0 Adopted as Amended William P. Edwards Voter It! 0 0 0 0 Defeated Daniel C. Ross Seconder It! 0 0 0 0 Tabled Thomas H. Wickham Initiator It! 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 It! Scott Russell Voter It! 0 0 0 2007-520 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Appoint Chris Kempner and Charles D. Hardy As CAC Members RESOLVED that the Town Board of the Town of South old hereby appoints Chris Kempner as a member ofthe Southold Town Conservation Advisorv Council effective immediately through March 31, 20 I 0 to fill an existing vacancy, and be it further RESOLVED that the Town Board of the Town of Southold hereby appoints Charles D. Hardv as a member of the Southold Town Conservation Advisorv Council effective immediately through March 31, 2008 to fill an existing vacancy v' Vote Record - Resolution RES~2007-520 Yes/Ay~ N()fNay Abstain Absent It! Adopted AlbeIt I(n.ipski Jr. Initiator It! 0 0 0 0 Adopted as Amended William P. Edwards Seconder iii 0 0 0 0 Defeated Daniel C. Ross Voter It! 0 0 0 0 Tabled Thomas H. Wickham Voter iii 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 iii Scott Russell Voter It! 0 0 0 2007-521 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Community Development 2007 CDBG Agreement Page 17 June 5, 2007 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of South old hereby authorizes and directs Supervisor Scott A. Russell to sien an Aereement with the County of Suffolk in connection with 2007 Community Development Block Grant Proeram In the amount of $136,000, all in accordance with the approval of the Town Attorney. ./ Vote Record - Resolution RES-2007-S21 yesli\,ye NOIN8Y Abstain Absent '"' Adopted Albert Krupski Jr. Seconder '"' 0 0 0 0 Adopted as Amended William P. Edwards Initiator '"' 0 0 0 0 Defeated Daniel C. Ross Voter '"' 0 0 0 0 Tabled Thomas H. Wickham Voter '"' 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 '"' Scott Russell Voter '"' 0 0 0 2007-522 CATEGORY: DEPARTMENT: Bid Acceptance Town Clerk Accept the Bid of Pi rates Cove Marine, Fishers Island, New York, In the Amount of$2,194./7 for Repair and Placement of Channel Markers to be Placed In Both West Harbor and Hay Harbor, Fishers Island RESOLVED that the Town Board of the Town of South old hereby accepts the bid of Pirates Cove Marine. Fishers Island. New York. in the amount of $2.194.17 for repair and placement of channel markers to be placed ip both West Harbor and Hav Harbor. Fishers Island. New York, as well as repairin!!: and replacin!!:. or returnin!!: missin!!: markers and instructional floats that are lost durin!!: the season. at a rate of $55.00 per marker plus the cost of necessary materials, buoys to be prepared and placed at the beginning of the season, and removed and stored by October 15,2007; foregoing all in accordance with the bid proposal. ./ Vote Record. Resolution REs..2007.522 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 Initiator '"' 0 0 0 0 Tabled Thomas H. Wickham Seconder '"' 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 '"' Scott Russell Voter '"' 0 0 0 2007-523 CATEGORY: DEPARTMENT: ClosefUse Town Roads Town Clerk Grant Permission to the Wounded Warrior Project/Soldier Bicycle Ride on June 16, 2007 Page 18 June 5, 2007 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of South old hereby erants permission to the Wounded Warrior Proiect/Soldier Bicvcle Ride on June 16.2007, beginning at 10:00 AM in Orient and permitting a police escort as requested, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon the approval of this resolution, to coordinate traffic control and the police escort. -/ Vote Record - Resolution RES-2007-523 Yes/Aye No/Nay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 Ii'! Scott Russell Voter Ii'! 0 0 0 2007-524 CATEGORY: DEPARTMENT: Seqra Town Attorney Finds that the Adoption of the Local Law Entitled "A Local Law In Relation to No Parking Area on Mary's Road, Pike Street and Maple Avenue In Mattituck During School Hours" is Classified As a Type II Action Pursuant to SEQRA Rules and Regulations RESOLVED that the Town Board of the Town of South old hereby finds that the adoption of the local law entitled "A Local Law in relation to No Parkine Area on Marv's Road, Pike Street and Maple Avenue in Mattituck Durine School Hours" is classified as a Tvpe II Action pursuant to SEORA Rules and Reeulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. ./ Vote Record - Resolution RES-2007-S24 Yes/Aye NolNay Abstain Absent Ii'! Adopted i\lbert 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 0 0 0 Ii'! Scott Russell Voter Ii'! 0 0 0 2007-525 CATEGORY: DEPARTMENT: Seqra Town Attorney Page 19 June 5, 2007 Southold Town Board Meeting Minutes Finds that the Adoption of the Local Law Entitled "A Local Law In Relation to No Parking Area on Oak Street and Maple Street In Greenport During School Hours" is Classified As a Type II Action Pursuant to SEQRA Rules and Regulations RESOLVED that the Town Board of the Town of Southold hereby finds that the adoption of the local law entitled "A Local Law in relation to No Parkin!!: Area on Oak Street and Maple Street in Greenport Durin!!: School Hours" is classified as a Tvpe II Action pursuant to SEORA Rules and Re!!:ulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. ,/ Vote Record - Resolution RES-2007-525 Yes/Aye NolNay Abstain Absent 0 Adopted Albert Krupski Jr. 0 0 0 0 0 Adopted as Amended William P. Edwards 0 0 0 0 0 Defeated Daniel C. Ross 0 0 0 0 0 Tabled Thomas H. Wickham 0 0 0 0 Ii'I Withdrawn Louisa P. Evans 0 0 0 0 Scott Russell 0 0 0 0 2007-526 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Fishers Island WWTF Annual Certification Form RESOLVED that the Town Board of the Town of South old hereby authorizes and directs Supervisor Scott A. Russell to execute the Annual Certification Form between the NYS Department of Environmental Conservation and the Town of South old for the POTW Desi!!:n. Plannin!!: and Flow Mana!!:ement ofthe Fishers Island Wastewater Treatment Facilitv. subject to the approval of the Town Attorney. ,/ Vote Record - Resolution RES-2007-S26 Yes/Aye NolNay Abstain Absent Ii'I Adopted Albert Krupski Jr. Voter Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii'I 0 0 0 0 Defeated Daniel C. Ross Initiator Ii'I 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 Ii'I Scott Russell Voter Ii'I 0 0 0 2007-527 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Clerk Page 20 June 5, 2007 Southold Town Board Meeting Minutes Munters Moisture Control Services Agreement RESOLVED that the Town Board of the Town of South old hereby authorizes and directs Supervisor Scott A. Russell to execute an ae:reement between the Town of Southold and Munters Moisture Control Services to perform the cleaning of eight (8) historical assessment books at an all inclusive cost of$I,718.85, all in accordance with the approval of the Town Attorney. '" Vote Record - Resolution RES-2007-S27 yes/Aye NolNay Abstain Absent Ii! Adopted f\.lbe~K.r1JpskiJr. Voter Ii! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii! 0 0 0 0 Defeated Daniel C. Ross Seconder Ii! 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii! 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 Ii! Scott Russell Voter Ii! 0 0 0 2007-528 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Clerk Appoint Michael Conroy As a Full Time and Appoint John Evans and George Peabody As Part- Time Fishers Island Bay Constables RESOLVED that the Town Board of the Town of South old hereby appoints Michael Conroy as a full-time Fishers Island Bay Constable, and hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement between the Town of South old and Michael Conroy, Fishers Island, to perform services as a Fishers Island Bay Constable for the purpose of patrolling the waters in and around the Town of South old at Fishers Island, at a compensation of $2,500.00 per annum, effective January 1,2007 through December 31, 2007, the Town to pay all expenses for fuel required for the operation of Mr. Conroy's boat while he is performing services for the Town, and up to $250.00 during the term of the agreement for the servicing of the motor of Mr. Conroy's boat, and shall reimburse Mr. Conroy for expenses for dock space, not to exceed $1400.00 per annum; and be it further RESOLVED that the Town Board of the Town of South old hereby appoints John Evans and Geore:e Peabody as part-time Fishers Island Bav Constables, and hereby authorizes and directs Supervisor Scott A. Russell to execute agreements between the Town of Southold and Page 21 June 5, 2007 Southold Town Board Meeting Minutes John Evans, Fishers Island, and George Peabody, Fishers Island, to perform services as Fishers Island Bay Constables for the purpose of patrolling the waters in and around the Town of Southold at Fishers Island, at a compensation of $1 ,250.00 per annum, effective January I, 2007 through December 31, 2007, the Town to pay all expenses for fuel required for the operation of Mr. Evans' boat and Mr. Peabody's boat while they are performing services for the Town, and up to $250.00 during the term of the agreement for the servicing of the motor of Mr. Evans' boat and Mr. Peabody's boat, all in accordance with the approval of the Town Attorney. ,/ Vote Retord - Resolution RES-ZOO7-S28 Yes/Aye NolNay Abstain Absent Ii!I Adopted Albert Krupski Jr. Initiator Ii!I 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii!I 0 0 0 0 Defeated Daniel C. Ross Voter Ii!I 0 0 0 0 Tabled Thomas H. Wickham Voter Ii!I 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 Ii!I Scott Russell Voter Ii!I 0 0 0 2007-529 CATEGORY: DEPARTMENT: Fmla Town Clerk Approve Leave of Absence for Employee No. 8886 BE IT RESOLVED that the Town Board of the Town of Southold hereby e:rants retroactive approval of the request of Employee No.8886 for a leave of absence pursuant to the Family Medical Leave Act for the dates of December 20, 2006 through March 13, 2007; BE IT FURTHER RESOLVED that the Town Board hereby approves an unpaid leaye of absence for Employee No. 8886 for the period of May 16.2007 throue:h July 9. 2007, in accordance with Section 18.2 of the Town of Southold - CSEA collective bargaining agreement. ,/ Vote Record - Resolution RES-2007-S29 Yes/Aye NolNay Abstain Absent Ii!I Adopted Albert Krupski Jr. Seconder Ii!I 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii!I 0 0 0 0 Defeated Daniel C. Ross Voter Ii!I 0 0 0 0 Tabled Thomas H. Wickham Voter Ii!I 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 Ii!I Scott Russell Voter Ii!I 0 0 0 Page 22 June 5, 2007 Southold Town Board Meeting Minutes 2007-530 CATEGORY: DEPARTMENT: Seqra Land Preservation Deerkoski - SEQRA WHEREAS, the Town Board of the Town of South old wishes to purchase a development rights easement on a certain parcel of property owned by Felix Deerkoski pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Code of the Town of Southold. Said property is identified as part ofSCTM #1000-101-1-2.3. The address is 4600 Elijah's Lane, Mattituck, New York, and is located at the northwest intersection of Elijah's Lane and Wickham Avenue where the roads meet on the northerly side of County Road 48 in Mattituck in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 17'"'- acres (subject to survey) ofthe 20.9'"'- acre parcel. The exact area of the development rights easement is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $78,000 (seventy-eight thousand dollars) per buildable acre plus acquisition costs; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of South old is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. ./ Vote Record - Resolution RESw2007-S30 Yes/Aye NolNay Abstain Absent 1<1 Adopted Albert Krupski Jr. Initiator 1<1 0 0 0 0 Adopted as Amended William P. Edwards Voter 1<1 0 0 0 0 Defeated Daniel C. Ross Initiator 1<1 0 0 0 0 Tabled Thomas H. Wickham Seconder 1<1 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 1<1 Scott Russell Voter 1<1 0 0 0 2007-531 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Clerk Page 23 June 5, 2007 Southold Town Board Meeting Minutes Hold a Public Hearing on the 3Rd Day of July, 2007 At 4:45 P.M, Proposed "Local Law In Relation to Amendments to the Sign Regulations This Proposed "Local Law In Relation to Amendments to the Sign Regulations ", WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York on the 5th day of June, 2007, a Local Law entitled "A Local Law in Relation to Amendments to the Sign Regulations", now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold New York on the 3rd day of July, 2007 at 4:45 p.m., at which time all interested persons will be given an opportunity to be heard. This proposed "Local Law in Relation to Amendments to the Sign Regulations", which reads as follows: Local Law No. Section 1. Purpose. The purpose of this Local Law is to allow for the removal of signs located on public property without notice to the beneficiary ofthe sign, and to establish a monetary penalty for violations. Section 2. Code Amendment. Chapter 280 Zoning of the Code ofthe Town of South old is hereby amended as follows: S 280-88. Unsafe, abandoned and unlawful signs. A. The ewHef beneficiarv of a sign and the owner of the premises on which such sign is located shall be jointly liable to maintain such sign, including its illumination sources, in a neat and orderly condition and good working order at all times and to prevent the development of any rust, corrosion, rotting or other deterioration in the physical appearance or safety of such sign. B. Ifthe Building Inspector shall find determines that any sign regulated herein is unsafe, insecHre, damaged, deteriorated, ar a menace te the Pllblic is an immediate peril to person or propertv, ef has been erected on propertv other than private propertv or in violation of the provisions of this chapter, he shall gi';e written netice by certified mail te the ewner efthe premises en \';hieh such sign is lecated, as shewn en the latest Tewn assessment mil. Said sign and all app\lrtenances shall be taken dewn and remeved by the owner, agent er person having the beneficial use ef the bllilding or strueRlre lIJlen 'Nhieh sllch sign may be f-olllld within 3 () days after written notiFieatien from the Bllilding Inspecter. Upon the fail\lfe to campi)' with sHch netice within the time specified therein, the Bllilding Inspector is lll!therized te remave er CaHse t-he removal ef stiCh sign at the e)(pense ef the persen er parsens namad in stiCh netice. such sign mav be removed and disposed ofbv the Town without prior notice. Upon such removal, all costs Page 24 June 5, 2007 Southold Town Board Meeting Minutes and expenses incurred by the Town for the removal and storage of such sign shall be assessed against the land en '.vhieh slleh sign was loeated the responsibility of the owner or beneficiary of such sign. The Town may pursue any and all remedies available at law to recover any unpaid costs associated with removal of any sign. including filing a statement and a statement ef slleh expenses shall Be pr-esented to the owner of the land. If slleh statement is not paid within 3 Q days after its presentment, the BllilEiing Inspeeter may file a statement with the Town Assessors, identifying the property in connection with which such expenses were incurred and the owner thereof as shown on the latest assessment roll of the Town. The Assessors, in the preparation of the next assessment roll, shall assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalty as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. The owner of the sign removed BY the Bllilding Inspeeter as hereinl3efore pro'fidel! shall net Be permitted to redeem saeh sign IHltil all expenses of removal ami storage have been paid. C. If, in the determination efthe BlIiltiing Inspeeter, a sign is an immediate peril to persons or property, he may eallse slleh sign to Be FOmoyed sammarily and without notiee. The eest of saeh romeyal SHall be paid BY tHe TO'Nfl, and slleH amollHt shall Be anl!lleeeme a lienllpen the premises in qllestien anl! shall Be levied and eelleeted in the same manner and ooder the same penalties as an assessment of a poolie improvement. C. At the discretion of the Building Inspector. a sign may be stored bv the Town and notice given bv certified mail or personal service to the owner and/or beneficiary ofthe sign. Such sign may be redeemed bv the owner or beneficiary upon payment of the removal and storage costs. Anv sign stored bv the Town and not redeemed within 30 days of the date of mailing may be disposed of without additional notice. D. The owner of property upon which a sign is located. or any person that erects. installs or maintains a sign in violation of the provisions of this chapter shall be guilty of an offense punishable bv a fine not to exceed $500. per sign. or imprisonment not to exceed 15 days. or both such fine and imprisonment. Section 3. Severability. If any section or subsection, paragraph, clause, phrase or provision of this law shall be adjudged to be invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. Section 4. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. Page 25 June 5, 2007 Southold Town Board Meeting Minutes .". Vote Record - Resolution RES-2007-S31 o Adopted o Adopted as Amended D Defeated o Tabled o Withdrawn Albert Krupski Jr. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell yes! Aye NolNay Abstain Absent 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2007-532 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact a Local Law In Relation to No Parking Area on Mary's Road, Pike Street and Maple Avenue In Mattituck During School Hours WHEREAS, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 8th day of May, 2007 a Local Law entitled "A Local Law in relation to No Parkin!!: area on Mary's Road. Pike Street and Maule Avenue in Mattituck Durin!!: School Hours" and WHEREAS the Town Board ofthe Town of Southold held 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 7:45 p.m. at which time all interested persons were given an opportunity to be heard, now therefore be it RESOLVED that the Town Board of the Town of South old hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to No Parkin!!: area on Mary's Road. Pike Street and Maule Avenue in Mattituck Durin!!: School Hours" that reads as follows: LOCAL LAW NO. 14 of 2007 A Local Law entitled, "A Local Law in relation to No Parkin!!: area on Mary's Road. Pike Street and Maule Avenue in Mattituck Durin!!: School Hours". BE IT ENACTED by the Town Board ofthe Town of Southold as follows: Page 26 June 5, 2007 Southold Town Board Meeting Minutes I. 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. II. Chapter 92 of the Vehicle and Traffic Code of the Town of South old is hereby amended as follows: g 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 3:00 p.m.. Mondavs through Fridavs from and including Sep- tember through and including June Pike Street Both 7:00 a.m. and 3:00 p.m.. Mondavs through Fridavs from and including Septem- ber through and including June Maple Avenue Both 7:00 a.m. and 3:00 p.m.. Mondavs through Fridavs from and including Septem- ber through and including June III. SEVERABILITY Location In Mattituck. from the intersection of Marv' s Road and Pike Street northerlv to the intersection of the railroad tracks and Marv's Road In Mattituck, from the intersection of Rte. 25 and Pike Street to the intersection of Pike Street and Wickham A venue In Mattituck. from the intersection of Rte. 25 and Maple A venue to the intersection of Maple Avenue and Pike Street Page 27 June 5, 2007 Southold Town Board Meeting Minutes If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect on September I, 2007, after filing with the Secretary of State as provided by law. ./ Vott Record ~ Resolution RES-2007-S32 Yes/Aye No/Nay Abstain Absent 0 Adopted Albert Krupski Jr. Seconder 0 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Initiator 0 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 0 Scott Russell Voter 0 0 0 0 2007-533 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact a Local Law In Relation to No Parking Area on Oak Street and Maple Street In Greenport During School Hours WHEREAS, there has been rresented to the Town Board of the Town of Southold, Suffolk County, New York, on the 8' day of May, 2007 a Local Law entitled "A Local Law in relation to No Parkin!!: area on Oak Street and Maple Street in Greenport Durin!!: School Hours" and WHEREAS the Town Board of the Town of Southold held 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 were given an opportunity to be heard, now therefore be it RESOLVED that the Town Board of the Town of South old hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to No Parkin!!: area on Oak Street and Maple Street In Greenport Durin!!: School Hours" that reads as follows: LOCAL LAW NO. 19 of2007 A Local Law entitled, "A Local Law in relation to No Parkin!!: area on Oak Street and Maple Street in Greenport Durin!!: School Hours". BE IT ENACTED by the Town Board of the Town of Southold as follows: Page 28 June 5, 2007 Southold Town Board Meeting Minutes I. 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. II. Chapter 92 of the Vehicle and Traffic Code of the Town of South old is hereby amended as follows: 9 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 9:00 a.m. and 3:00 p.m.. Mondavs through Fridavs from and including Sep- tember through and including June Maple Street Both 9:00 a.m. and 3:00 p.m.. Mondavs through Fridavs from and including Septem- ber through and including June 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 III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Page 29 June 5, 2007 Southold Town Board Meeting Minutes ./ Vote Record - Resolution RES-2007-S33 Yes/Aye No/Nay Abstain Absent 0 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 Seconder ItI 0 0 0 ItI Tabled 0 Withdrawn Thomas H. Wickham Initiator ItI 0 0 0 Next: Jut 31, 2007 7:30 PM Louisa P. Evans Voter 0 0 0 ItI Scott Russell Voter Ii'! 0 0 0 2007-534 CATEGORY: DEPARTMENT: Property Acquisition Purchase Land Preservation Deerkoski - Elect to Purchase WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on part of a certain parcel of property owned by Felix Deerkoski on the 5th day of June, 2007, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-101-1-2.3. The address is 4600 Elijah's Lane, Mattituck, New York, and is located at the northwest intersection of Elijah's Lane and Wickham Avenue where the roads meet on the northerly side of County Road 48 in Mattituck in the A-C zoning district; and WHEREAS, the development rights easement comprises a part of the property of approximately 1701 acres (subject to survey) of the 20.901 acre parcel. The exact area of the development rights easement is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the purchase price for the easement is $78,000 (seventy-eight thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and scenic values, and as an aquifer recharge area; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (L WRP) and the L WRP Coordinator has recommended that this action is consistent with the L WRP; and Page 30 June 5, 2007 Southold Town Board Meeting Minutes WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by Felix Deerkoski pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-101-1-2.3. The address is 4600 Elijah's Lane, Mattituck, New York, and is located at the northwest intersection of Elijah's Lane and Wickham Avenue where the roads meet on the northerly side of County Road 48, in Mattituck in the A-C zoning district. The development rights easement comprises a part of the property of approximately 1701 acres (subject to survey) of the 20.901 acre parcel. The exact area of the development rights easement is subject to a Town- provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $78,000 (seventy-eight thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. Town funding for this purchase is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code of the Town of Southold. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (L WRP) and the L WRP Coordinator has recommended that this action is consistent with the L WRP. ./ Vote Record - Resolution RE8-2007-S34 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 VI. Public Hearinl!s Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearinl!. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Russell ABSENT: Louisa P. Evans Page 31 June 5, 2007 Southold Town Board Meeting Minutes 1. Orient by the Sea Road Improvement Public Hearing COMMENTS - Current Meeting: NOTICE OF HEREBY GIVEN THAT the Town Board of the Town of Southold will hold a public hearinl! at the Southold Town Hall. 53095 Main Road. Southold. New York on the 5th dav of June 2007 at 7:45 P.M.. for the purposes of considering a written petition that has been filed pursuant to New York State 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 of October, 1974 as Map No. 7703 and further designated as SCTM#1000-15-5-25.3. Dated: May 8, 2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville, Town Clerk Councilman Wickham: There are several communications in the file. It has appeared as a legal notice in the local newspaper and has appeared as a legal notice on the Town Clerk's Bulletin Board outside in the hallway. This is a memorandum, dated May 4, 2007 to the Town Board from our Town Clerk, excuse me, our Town Attorney, Subject: Orient by The SealPetitions for Street Improvements The Town Clerk has received executed petitions from Orient By The Sea residents that own property on Park View Lane and Ryder Farm Lane for establishment of a special taxing district to address the repair of said roads. The petitions are from approximately 61 % of the owners of the road frontage sought to be improved. As you know, the Town Code provides that roads that are dedicated to the Town must be brought up to Town specifications before they will be accepted. (Councilman Wickham was advised that it was not necessary to continue reading this communication.) Councilman Wickham: We have several other documents here including an original petition from those who live out there that have designated how many people have actually signed the petition and that it meets.. and it might be useful to read the petition if it is not too lengthy, it is lengthy. "We, the undersigned, being the owners ofreal estate fronting or abutting upon either side of the public roads situate in the said Town, known as Ryder Farm Lane and Park View Lane, set forth on Map of Orient By The Sea, Section 3, filed in the Office of the Clerk of the County of Suffolk on the 16th day of October, 1974 as Map No. 7703, do hereby consent, pursuant to Section 200 of the Town Law of the State of New York respectfully request and petition that you, the said Town Board, shall improve the aforesaid roads situate in Orient by the Sea, as contained in the Map of Orient by the Sea aforesaid, a copy of which is attached hereto, by permanent paving thereof and by providing gutters and catch basins in drainage areas, and pipes for necessary and proper drainage. It is respectfully requested and petitioned that said improvements shall be made in accordance with the specifications and requirements of the Town of Southold. The maximum amount proposed to be expended for the improvement aforesaid is the sum of One Hundred Eighty Thousand ($180,000) Dollars. It is proposed that Thirty Thousand ($30,000.) Dollars, plus interest, of the expense of constructing such improvements shall be borne by local Page 32 June 5, 2007 Southold Town Board Meeting Minutes assessments upon the several lots and parcels of land especially benefited thereby as more fully provided by the statutes applying in such cases. It is expected that the remaining One Hundred Fifty Thousand ($150,000) Dollars shall be paid by the Town of Southold with a contribution from the County of Suffolk. The undersigned signers of this petition constitute owners of real estate as aforesaid owning at least one-half (1/2) of the entire frontage or bounds on both sides of that portion of said roads to be improved as aforesaid and also constitute resident owners owning not less than one-half (1/2) of the frontage owned by resident owners residing along such portion of said roads proposed to be improved; and the undersigned respectively reside at the places and own the number of frontage feet along said roads set after their respective signatures below. WHEREFORE, your petitioners pray that you, the said Town Board of the Town of Southold, proceed as provided by said Section of the Town Law to the end that the improvement hereby petitioned for may be fully authorized and completed." That's the petition. I don't believe there is much else here that we need to cover tonight. Supervisor Russell: Just for clarification......I know that there is probably some people that want to speak on this. Would we be able to create this tonight? I have to contact Suffolk County tomorrow so that they can proceed with the transfer of ownership of those roads from the County of Suffolk to the Town of Southold. I imagine that they will probably want to do that in about three minutes. But, I still have to go through the process. Councilman Wickham: I should add that I also have a notice here that this was posted on a sign board in Orient, a notice of this public hearing. Town Attorney Finnegan: It was posted on five sign boards. Supervisor Russell: That being said, would anyone like to come up and address the Town Board on this particular hearing? George H. Fitzpatrick. 1300 Parkview Lane. Orient. NY: I am representing the residents of Orient by the Sea, specifically Ryder Farm Lane and Park View Lane, we certainly would like to thank the Board for their help and the residents. I guess we got over 70% of the residents to sign the petition. We are happy to pay our portion of it. There was somebody out there cutting back the brush today. So, that is very nice. I don't know what else we can say, thank you very much. Councilman Wickham: I move we close the hearing. Councilman Ross: I second that. RESULT: CLOSED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Daniel C. Ross, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Russell ABSENT: Louisa P. Evans 2. PH LL No Parking Mattituck School 6/5/07 7:55 Pm COMMENTS - Current Meeting: Page 33 June 5, 2007 Southold Town Board Meeting Minutes COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 8th 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" AND NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 5th day of June, 2007 at 7:45 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to 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 South old as follows: I. Purpose - In order to proyide 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. II. Chapter 92 of the 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 yehicles 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 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, Page 34 June 5, 2007 Southold Town Board Meeting Minutes 4:00 p.m.. Mondavs through Fridavs from and including Septem- ber through and including June Maple Avenue Both 7:00 a.m. and 4:00 p.m.. Mondavs through Fridavs from and including Septem- ber through and including June 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 Avenue to the intersection of Maple A venue and Pike Street III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect on September 1,2007, after filing with the Secretary of State as provided by law. That is the proposed law and I have here that it has appeared as a legal on the Town Clerk's bulletin board. It has appeared as a legal in the local newspaper and those are the only communications that I have in the file. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this local law? (No response) Can I just make one recommendation on that last law? I think if we went from 7:00 AM to 3:00 PM, it would solve the problem. See, I don't want to eliminate people's use of that parking next to that athletic field and usually the athletic events are right after school, so I don't want to find ourselves in the situation where a soccer game starts a half hour before you are allowed to park there. So I thought maybe 3 :00 would be... COUNCILMAN KRUPSKI: Sounds good. COUNCILMAN WICKHAM: Okay with me. COUNCILMAN ROSS: I don't see any students from Mattituck High School out there, they will be surprised in September I suppose. TOWN ATTORNEY FINNEGAN: Well, the effective date is September 1st. Page 35 June 5, 2007 Southold Town Board Meeting Minutes COUNCILMAN ROSS: That's right. UNIDENTIFIED: Well, I am a resident of Mary's road and I would like to thank the Board to consider what you just said because it is chaos. SUPERVISOR RUSSELL: No question about that. TOWN CLERK NEVILLE: May we have your name, sir? JOHN WILCENSKI: John Wilcenski. TOWN CLERK NEVILLE: Thank you. COUNCILMAN ROSS: Move to close the hearing. RESULT: CLOSED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER: Thomas H. Wickham, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Russell ABSENT: Louisa P. Evans 3. PH LL No Parking Greenport SchooI6/S/07 COMMENTS - Current Meeting: COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 8th day of May, 2007 a Local Law entitled "A Local Law in relation to No Parkin!! area on Oak Street and Maple Street in Greenport Durin!! School Hours" AND NOTICE IS FURTHER GIVEN that the Town Board of the Town of South old will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the Sth day of June, 2007 at 7:S0 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". 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 of Southold, the Town Board finds it necessary to enact these limited parking restrictions in this school zone. Page 36 June 5, 2007 Southold Town Board Meeting Minutes II. Chapter 92 of the Vehicle and Traffic Code ofthe Town of Southold 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 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 III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided bylaw. This has appeared as a legal on the Town Clerk's bulletin board, it has appeared as a legal in the local newspaper and I have no further communications here. SUPERVISOR RUSSELL: Would anyone like to come up and address the Town Board? MARILYN CORWIN: Hi, my name is Marilyn Corwin, I live 217 Oak Street in Greenport. I have lived there for about 36 years and when we first moved into the house on Oak Street, there were no parking signs there. Okay? There was never a problem up until this year. This was the Page 37 June 5, 2007 Southold Town Board Meeting Minutes first year, you know, in all the years that I lived there that we have had a problem. When the signs originally were there, I believe they were two hour parking during school hours. There is somebody else here that lived there longer than I did and he may be able to verify that, I am not 100 percent sure, I don't really remember. We definitely have a need for it. It definitely has become a hazard. This is the first year, like I said, that we have had anyone parking there and I guess a lot of the reason is because you are not allowed to park on school property unless you have the proper license and apparently these students don't have the proper licenses. Why they are driving, I don't know but they are. But anyway, my point is, 7:00 in the morning until 4:00 in the afternoon, I mean, that is kind of like a long time. The two hour parking worked because, I mean, the students can't really park there and then run out and move their car, you know, move it somewhere else. I would even prefer to see maybe 9:00 to 3:00. I mean, that would still, because that would still stop the students. Because if you are doing you know, 7:00 to 4:00, like I usually park in front of my house in the evening, overnight you know, so that my husband can pull out of the driveway and you know, this kind of thing, so that you know, you are not jockeying the cars back and forth and all around, you know, I have parents, they are in their 80's, if they want to come and visit me, I mean, during the day, they are not going to be able to park in front of my house. So, I definitely, definitely want the no parking, there is no doubt in my mind about that. I am sure there is no such thing as a 'residents parking only', I am sure that is not legal or whatever, but if there is some way maybe we could change the wording a little bit. Because the point is just to prevent the students from parking there all day long and they are the only ones that do it, it is not the teachers or anything, it is really just the students. SUPERVISOR RUSSELL: Right. It is similar to the issue we had up in the other school district. I certainly don't have a problem with the 9:00 to 3:00, I don't think that is going to address completely what your concern might be if someone wants to come and visit during the day and I remember talking to you about this. It is a difficult issue because any you know, the way the law extends so, but if 9:00 to 3:00 is you think something that would be more satisfactory, I can ask the Board. COUNCILMAN WICKHAM: What about a two hour parking restriction? No more than two hours. A student couldn't do that because he or she has to be in school all day long. SUPERVISOR RUSSELL: That is possible. We had actually sent this to Transportation and the Police Department and the Highway Department. I can certainly send it back to them ask them. I don't know why they didn't recommend it, too, other than the enforcement issues and the difficulty in enforcement and the. . . MS. CORWIN: Well, I can understand that because they are not going to come and chalk tires, I am sure but I think it would be doable because I am sure that there are people in the neighborhood that would say, you know, this car has been parked here for a really long time kind ofthing.. . SUPERVISOR RUSSELL: Sure. MS. CORWIN: And I think if the signs were up it would help. Now, the signs would say during Page 38 June 5, 2007 Southold Town Board Meeting Minutes school hours only, correct? SUPERVISOR RUSSELL: Yeah, I don't... TOWN ATTORNEY FINNEGAN: Two hour parking between 7:00 and 4:00 or 8:00 and 4:00. SUPERVISOR RUSSELL: Yeah and that would be from September through the end of June. MS. CORWIN: During school, okay. SUPERVISOR RUSSELL: What we can do is if there is no objection, we can table it. I can go back to the Highway Superintendent and to the Police Chief and ask them. MS. CORWIN: Yeah but how long is that going to take? Because we have been waiting a really long time for this. COUNCILMAN KRUPSKI: This is government, what do you expect? MS. CORWIN: I know, I know. SUPERVISOR RUSSELL: Quite honestly, Marilyn, it is a fair question but the fact is that this wouldn't be effective until September 1st anyway, I don't think a short delay here is going to interfere with that. What we would think is September 151 but the law was structured to take effect September I st. I think we can stay on target with that just by holding back and probably within two weeks have... MS. CORWIN: The only other thing I was wondering about, too. Is there such a thing as a sign that says 'No through traffic' because of the fact that now the way that the school has changed the, it used to be you would go into the school parking lot from Oak Street, now it is an exit. You go in through Maple Street and out Oak Street. So what happens now is the cars are coming up Oak Street, so people that you know, see the sign, then the are like, backing into the driveway, trying to turn around to go out again. SUPERVISOR RUSSELL: I can talk to the school about that, it becomes a little bit trickier because it is difficult to deny public access to a public road but I will see what kind of cooperation I can get from the school and talk to them about that. MS. CORWIN: (Inaudible) I don't care at all, it is just the point is, they have no place to go. SUPERVISOR RUSSELL: Sure, okay. MS. CORWIN: Because it is one way, they can only, you know, they are not supposed to go in that way to the school, so that was the only thing I was thinking. SUPERVISOR RUSSELL: Sure. Page 39 June 5, 2007 Southold Town Board Meeting Minutes MS. CORWIN: Thank you very much for your time. SUPERVISOR RUSSELL: Okay. Thank you. Would anybody else like to address the Town Board? EUGENE MAZZAFERRO: My name is Eugene Mazzaferro, I live on 215 Oak Street for the past 50 years. When Norman Klipp was Supervisor, a couple of you might remember him but this issue came up at that time and until this year, we have had no problem. We had two hour parking on Oak Street at that time until this year. And I don't know what happened but I am glad to see that it will be taken care of. And I think Marilyn's recommendation about the 9:00 to 3:00 or something ofthat category is very, very good. Thank you. SUPERVISOR RUSSELL: Okay. Thank you. Would anybody else like to come up and address us on this issue? (No response) Can I get a motion to close the hearing? RESULT: CLOSED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Daniel C. Ross, Councilman A YES: Krupski Jr., Edwards, Ross, Wickham, Russell ABSENT: Louisa P. Evans 4. Deerkoski - Set Public Hearing COMMENTS - Current Meeting: COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesdav. June 5. 2007. at 8:00 p.m.. Southold Town Hall. 53095 Main Road. Southold. New York as the time and place for a public hearin!!: for the purchase of a development ri!!:hts easement on property owned bv Felix Deerkoski. Said property is identified as part of SCTM #1000-101-1- 2.3. The address is 4600 Elijah's Lane, Mattituck, New York. The property is located at the northwest intersection of Elijah's Lane and Wickham Avenue where the roads meet on the northerly side of County Road 48, in Mattituck in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 173:. acres of the 20.93:. 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 $78,000 (seventy-eight thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and scenic values, and as an aquifer recharge area; and FURTHER NOTICE is hereby given that a more detailed description ofthe above mentioned parcel ofland is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business Page 40 June 5, 2007 Southold Town Board Meeting Minutes hours. I have a notice that it has appeared as a legal on the Town Clerk's bulletin board, also in the local newspaper. I have a short environmental assessment form, all filled out, for unlisted action for SEQRA and I believe those are the only documents I have in the file. MELISSA SPIRO: Good evening, Melissa Spiro, Land Preservation Coordinator. As mentioned, this hearing is about the Town purchasing a development rights on about 17 acres of the property by the Deerkoski family. The Deerkoski's have been thinking about selling their development rights and talking to me and the Committee for quite some time now. the Deerkoski's are, they are doing some estate planning and they have made plans so that their son, their daughter-in-law and their granddaughter, who are all involved in the farm will be able to continue to use it for agricultural and equestrian purposes into the future. The Land Preservation Committee has always felt that this farm is a high priority for preservation, both agricultural and scenic purposes. The Committee and I worked with the Deerkoski's to develop a plan for their farm that we felt enabled them to continue to use the property as they desired but also to protect the scenic views from County Route 48. The property, especially the part on 48 on the south side, well, on the north side of 48 but on the south side of their property is highly visible from County Route 48. The easement will allow for limited agricultural structures, within the southern most part of the easement, basically from County Route 48 up north to where there is an existing home. Ag structures will be allowed within the easement on the northern end of the property. The family is reserving from the easement two acres around the existing house on Elijah's Lane and another two acre area on the west side of the property for future equestrian uses or any other type of future use that may not be allowed within the easement area. There are active farms adjacent to and in the vicinity of this property and the farm to the north is preserved already and the completion of the Deerkoski easement will complete a block of preserved farmland running from Oregon Road south to Route 48. The Committee members and I are all enthusiastic about this property and we hope to complete the project soon. We hope to close in the next month or two. We all thank the Deerkoski family for contributing to the Town's land preservation efforts, as we say each time, it can't be done without the landowners. Thanks. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board on this hearing? COUNCILMAN WICKHAM: Is there anybody from the family here tonight? (No response) Move we close the hearing. RESULT: CLOSED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Daniel C. Ross, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Russell ABSENT: Louisa P. Evans Closine Remarks Joan Egan Page 41 June 5, 2007 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Okay. That concludes the business on the agenda. Now it is time for people to come up and address the Town Board on any issue of mutual interest, any issue that you want the Town Board to hear about. Would anybody like to come up? Mrs. Egan. MS. EGAN: Incidentally, I wanted to congratulate everybody on the Memorial Day parade. It was great. I enjoyed my one block walk with you, it was great. Again, as I say like a broken record, the cell phones, please stop using them while you are driving. I have gotten a few with my horn, thank god. In light of the events of the world and the United States, I again ask you to contact the child protection agency, all of that information is in the back of your telephone book. If not, you can call up here and they can get you the correct people. Tell the police anything odd or different that you see. No big case involved, they are interested and you may help somebody else. Okay, now, is there any more progress on an overall or particular basis on the affordable housing? You are running into all kinds of roadblocks I know, in my hamlet of East Marion. I don't know about the others. Is there anything going on that... SUPERVISOR RUSSELL: We have people who come in regularly and pitch ideas to what we call a welcoming committee. It is actually a vetting committee that sits down, you know, the problem is people can come up with ideas but you have to have them come back and prove that they can get the work done. So that is what we do, we generally tell them go meet with the county, go meet with this person, that person. It is enough to dream up this wonderful formula that is going to produce affordable housing but if you are not experienced enough, if you are not experienced with development; so that is what we do now, we have people come in and pitch to us and then when they come back we will find out what is a bona fide opportunity and what is not. MS. EGAN: Well, good. Now, I am sure you are all observant up there, the water spots are getting worse. There is no way you can stop it. I know what they are doing where I live. They are spending a lot of money and it is a waste of money because the spots keep coming up, over and over and over again. We are sinking very quickly. Too much development on all of Long Island. So, and how is our disaster meeting? when are we going to be meeting on that again? SUPERVISOR RUSSELL: We actually just had a leaders forum last week, a two day forum, we will probably have another meeting in about a week or two. Updates. MS. EGAN: Thank you. SUPERVISOR RUSSELL: Emergency preparedness. Thank you. Would anybody else like to address the Town Board on any issue? John Becht JOHN BETSCH: My name is John Betsch, I am not sure if this is the proper forum but today at 2:30 there was a settlement hearing scheduled in supreme court to do with Goldsmiths Inlet, the jetty, and it was adjourned at the request of the Town Attorney and I am not sure if there was a clear explanation why it was adjourned. We had called to find out why and there was no explanation given. Page 42 June 5, 2007 Southold Town Board Meeting Minutes TOWN ATTORNEY FINNEGAN: I think it was our counsel that was handling it for us had it adjourned. We had the Town Board meeting today. It is rescheduled for two weeks from today. MR. BETSCH: Was there a rationale why apparently. Do you know? TOWN ATTORNEY FINNEGAN: I am not sure what it was. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board? Rich Glad, Cutchogue RICH GLAD: Hi, Rich Glad, Cutchogue. You know why I am here. We have problem down by Duck Pond point with the parking, with the one day beach passes that are being sold at the bait shops. It is really mess down there. There are no facilities for anyone to use down there, there is tons of garbage down there. It is a nightmare. I would like to know if there is anything we can possibly do about stopping those one day passes? COUNCILMAN KRUPSKI: We tried to put that on the agenda a couple of meetings ago and it got bumped off because we had a really full agenda and we never put it back on but can we have that on... SUPERVISOR RUSSELL: Yeah, what I am hoping to do is get that on the agenda, what I had done is met with the police chief today and you know, I was down there when you called me. I was down there removing people from the beach. I did met with him today to get him to understand that you need to get out of the cars and you need to make sure that those people are on the part of the beach, you know, we have a very small section of beach that we own and that is all that that permit would entitle them to. We talked about putting some signs up as well and then following with regular crews. So he is working with me to do a better job patrolling that area but yeah, the Town Board will have to sit down and revisit the issue you know, these so called guest fishing passes. And that will be on the agenda for two weeks. COUNCILMAN KRUPSKI: This is not the only place in town where this has come up. SUPERVISOR RUSSELL: No, it is a problem elsewhere. I actually went down there to help them last weekend to try to, and I was down there and it is really a situation that never should have gotten that bad. Okay? MR. GLAD: Okay. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? John Skabry, Peconic JOHN SKABRY: I am John Skabry from Peconic and I thank you for glVlng me this opportunity to speak to you tonight. Once again, on the wind energy. I was wondering why it was tabled, it was on the prior agenda? SUPERVISOR RUSSELL: Actually it was tabled for several reasons, first I took Page 43 June 5, 2007 Southold Town Board Meeting Minutes recommendations that I got from you just the other day and sent them over to the Alternative Energy Committee for consideration. They are looking at the aspects of the law that you had recommended such as specifying the electric production that would be allowed. Maybe capping the rooter blade length, those types of things. As a Committee, they are also considering perhaps if they want to recommend to the Town Board that a ZBA hearing would be needed. It is a work in progress, so there is nothing for the Town Board to vote on at this point. It wouldn't seem to make sense to leave it on the agenda until we get all those concerns factored back into the legislation. MR. SKABR Y: Thank you. I did leave at your office for all of the council members to see, a news article from June 15t because the Alternative Energy Committee had put an op-ed article in the paper that my criticism comes from outdated information. And it is a study from Newsday, also Syracuse and Albany papers, Buffalo papers. It is an associated press article, I won't go into detail. 326 bats were found over a five month period under 50 wind turbines at the generators that create the electricity which we use at taxpayer expense to put the lights on in this building and air condition this building at a premium. We pay a premium for what they call green energy. As I had said on a previous occasion here, one of my scouts came to the troop at II v" stayed with us till his 18th birthday, went to MIT and he is now flying for the Air Force and he can't be here today. His eagle project was to reestablishment of bats on the North Fork. To me, when it came to my mind, I was saying what kind of a project can this be? His dad is a veterinarian microbiologist on Plum Island, lives here in Southold. And once I started looking into it, I was not as aware of how important bats are to our environment. The west nile virus, bats eat thousands of mosquitoes. Mosquitoes are the reason we have west nile virus. They are carried by mosquitoes. It is just a natural way to eliminate west nile virus. And for humans there is no treatment. Just to make them comfortable. And there have been cases of west nile virus in New York city. There are alternatives to wind energy. We are in the threshold of knowledge when it comes to wind energy, as I have said before. Sixty years ago we didn't know what DDT would do. There was nothing sinister about bringing DDT to our farms, to islanders to rid themselves of mosquitoes and mosquito borne diseases and we had no idea that we would almost eliminate ospreys, our beautiful ospreys by softening their eggs, and I don't have to go on and on about it, belabor the issue. Forty years ago we didn't know what asbestos would do, some say that the industry did, that it would cause asbestosis and mesotheliomia. Fifty years ago, we didn't know that a graphite reactor would cause the damage that was caused to the environment and the thousands and thousands of cases of cancer at Chernobyl. Chernobyl, in the Ukraine, was the reactor that blew up and contaminated all the way into Finland. I don't know how many people realize where the nearest graphite cooled reactor is to Southold. Does anybody know? Brookhaven lab. It has been dismantled. But fifty years ago, I don't believe that science was aware of the damage that could be caused. Our only graphite cooled reactor now is used to make nuclear weapons in the northwest of the United States. What I am trying to say is that, batman Skabry here is in favor of his environment. He is in favor of wind energy but it is not completely green. We are on the threshold of knowledge. Take one piece out of that eco-system and we could run the same disasters we had over DDT. Thank you very much. SUPERVISOR RUSSELL: Thank you, Mr. Skabry. Would anybody else like to come up and address the Town Board on any issue? (No response) Move we adjourn the meeting. Page 44 June 5, 2007 Southold Town Board Meeting Minutes Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:36 P.M. * * * * * ~Q.nu~M) Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: William P. Edwards, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Russell ABSENT: Louisa P. Evans Page 45