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HomeMy WebLinkAboutTB-07/03/2007 ELIZABETH A. NEVILLE TOWN CLERK Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631)765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMA nON OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES July 3, 2007 4:30 PM A Regular Meeting of the Southold Town Board was heldTuesday,July 3,2007 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 4:30 PM with the Pledge of Allegiance to the Flag. I. Reports 1. Island Group Claim Lag Plan year 6/1/06 - 5/31/07 2. Budget Report May 2007 3. North Fork Animal Welfare League 2007 Annual DCO-Shelter Compliance Report II. Public Notices 1. Notice.ofPermit Application Dept of the Army- Paradise Point Association 2. Notice of Liquor License Renewal Pellegrini Vineyards 3. Notice of Liquor License Renewal Porto Bello Restaurant July 3, 2007 Southold Town Board Meeting Minutes Page 2 III. Communications IV. Discussion 1. 10:00 A.M. Agricultural Codes Joe Gergela & LI Wine Council 2. Wind Code 3. 11:00 A.M. Scavenger Waste Plant Mayor Nyce, Trustee Corwin, Attorney Joe Prokop 4. Animal Shelter Sprinkler System 5. Closure of Love Lane for Movie Night Possible resolution July 21, 2007 & August 11,2007 6. Greenport Village Cooperative Board Councilman Edwards 7. Confidential Openinl!: Statements SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. Thank you. 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. Let's hope we all have a healthy and safe July 4th. Mr. Wickham, you know how rumors go around here. Somebody told me that you might be moving down to live in one of the homes in East Marion that you own. Is that so? Then you and I could be walking neighbors. COUNCILMAN WICKHAM: I don't own any homes in East Marion but I would love to be your neighbor. MS. EGAN: Oh. Maybe your wife does. Oh, on item 570, now that is a special meeting? COUNCILMAN KRUPSKI: Yes, that is to work on the, just a meeting to discuss the transfer of development rights program that is being worked on. Trying to work out the details. MS. EGAN: Very dangerous thing. Item 572. Where are we getting these gifts and donations? COUNCILMAN ROSS: That came from the Lions Club in connection with the Strawberry Festival. July 3, 2007 Southold Town Board Meeting Minutes Page 3 MS. EGAN: We got more, we made money on that? SUPERVISOR RUSSELL: The Mattituck Lions Club, after the event was over, came and presented us with a check for $2,000. To offset the cost of managing and maintaining that property. MS. EGAN: Good. And the same with the one below it? Another $2,000. Miscellaneous supplies. Or is that all in the same category? COUNCILMAN KRUPSKI: That is just the same category. SUPERVISOR RUSSELL: Yes. It is taking it from gifts and donations and moving it to buildings, grounds and supplies. That would be the division of the accounting office where we would get the funds for maintaining the Strawberry Fields which is the purpose of the money. MS. EGAN: Okay. Now on item 578 but in that connection when will the vote come from when the Town, I guess in Peconic, to buy that school for the recreation center? When is that going to happen? SUPERVISOR RUSSELL: That is the school board will have to schedule that, to have a referendum at the school district wide referendum. I don't know if they have scheduled that yet. TOWN ATTORNEY FINNEGAN: Sometime in the fall. SUPERVISOR RUSSELL: Probably looking at a fall date for that vote. MS. EGAN: Not till the fall? SUPERVISOR RUSSELL: They couldn't proceed with a sale to the town without approval from their voters. MS. EGAN: Good. Oh, this item 579, again somebody new at the Human Resource Center and I keep repeating over and over, too many changes up there. Something has to be wrong. Oh, item 581, that is a vehicle that the town has to sell or try to sell and I think if they can't sell it and get a decent price, I would again say that it would be a good idea to give it to one of the schools for them to work on, for the students to leam from. I know that Greenport has it, I don't know whether or not the other schools have that kind of program. Oh, the 584, I think that is good, I guess that closing of the road in Mattituck worked out and it would be absolutely marvelous if they had those flashing lights working there before this happened and kept them on seven days a week, 24 hours because that might slow the traffic up coming around up to Love Lane and it makes a big, big difference. None of those flashing lights are working Greenport or there. Oh, 587, of course you know what I think of their title of the aging and all of that but why do we need the Town Attorney, to the approval of the Town Attorney. 587? Anybody? July 3, 2007 Southold Town Board Meeting Minutes Page 4 TOWN ATTORNEY FINNEGAN: We review all the contracts. MS. EGAN: Hmm? TOWN ATTORNEY FINNEGAN: We review all the contracts. That is for a contract. MS. EGAN: And you have to go over it? TOWN ATTORNEY FINNEGAN: Yes. We review them before the Supervisor signs them. MS. EGAN: Good. That is what you get paid for, right dear? TOWN ATTORNEY FINNEGAN: Right. MS. EGAN: I like to see people earning their dollars. Oh, who is going to be aboard for the parade tomorrow? Mr. Wickham? COUNCILMAN WICKHAM: I am not sure that I will be there. MS. EGAN: Aww. Anyone else? No? Shame on all of you. COUNCILMAN KRUPSKI: Well, it is time to plant sprouts, Mrs. Egan. You know, we have got to feed the babies. MS. EGAN: Please. I had four babies and I got to all the parades. COUNCILMAN KRUPSKI: But we have to plant sprouts so they have something to eat. I have to plant sprouts tomorrow so they have something to eat. SUPERVISOR RUSSELL: I saw AI's baby. She is 5' 10". MS. EGAN: Huh? Now, you have a resignation at the accounting, a retirement. Do we need to replace or are we replacing? That is 591. SUPERVISOR RUSSELL: That is housekeeping for someone who opted not to continue to work for the town as a summer beach attendant. MS. EGAN: Are we replacing that person? SUPERVISOR RUSSELL: Already have, I believe. In fact, a resolution about three weeks ago. No, it would have been two weeks ago, I am sorry. MS. EGAN: Good. Oh, this is another one. 597, now you have a dredge committee. That is the problem up here, there are too many committees. And everybody has to get their two cents in and they have to get it approved. Why do we need a dredge committee? We don't have enough with the Trustees? July 3, 2007 Southold Town Board Meeting Minutes Page 5 COUNCILMAN KRUPSKI: In the past, the Trustees handled that sort of obligation but unfortunately, times have changed and Suffolk County and Federal Fish and Wildlife and the Army Corps have completely changed the rules on dredging. Suffolk County will no longer be able to dredge as they did for the town in the past and so the procedures have changed completely and we are reaching out to the community for input on which creeks should be dredged and how. It is going to a different program now. MS. EGAN: So now we are going to have the Trustees, now we are going to have another dredge committee. SUPERVISOR RUSSELL: The dredge committee is only going to work on the very narrow issue of dredging. Trustees cover a huge, a much broader scope of work. MS. EGAN: Yeah. And who will they just answer to? The Trustees or to all of you? COUNCILMAN ROSS: They will answer to the Town Board and there will be a liaison between the Town Board and the committee and the Trustees and the committee. MS. EGAN: Whose idea was this? COUNCILMAN ROSS: Mine, Mrs. Egan. MS. EGAN: It figures. SUPERVISOR RUSSELL: Don't knock the committees so much. You are practically on my emergency management committee. You are my best attendee. MS. EGAN: I haven't even whispered a word. SUPERVISOR RUSSELL: You are my best attendee at those. MS. EGAN: Are these paid employees? COUNCILMAN ROSS: No, Mrs. Egan. These are people who are interested in making sure that the dredging in Southold is done properly and they are going to help the Town Board in seeing that through. MS. EGAN: I don't know, dear. I think you are creating more of a problem than you are solving. And the Land Preservation building, I believe, has a great deal of run-off soil. Thank you. SUPERVISOR RUSSELL: Thank you. Would anyone else like to come up and address the Town Board on any item as it appears on the agenda? (No response) Let's move forward. July 3, 2007 Southold Town Board Meeting Minutes Page 6 V. Resolutions 2007-568 CATEGORY: DEPARTMENT: Audit Town Clerk Approve Audit Dated 7/3/07 RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated Julv 3. 2007. ,/ Vote Retord - Resolution RES-2D07-S68 Yes/Aye No/Nay Abstain Absent Ii'! Adopted Albert ,Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-569 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Next Meeting Date 7/17/074:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, July 17,2007 at the Southold Town Hall, Southold, New York at 4:30 P. M.. ,/ Vote Record - Resolution REs..2007.S69 Yes/A:ye NolNay Abstain Absent Ii'! Adopted Albt:rt Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-570 CATEGORY: DEPARTMENT: Set Meeting Town Attorney Special Town Board Work Session 7/12/072:00 Pm RESOLVED that a Special Town Board Work Session of the Southold Town Board will be held, Thursday, July 12,2007 at the Southold Town Hall Annex, North Fork Bank, Executive July 3, 2007 Southold Town Board Meeting Minutes Page 7 Board room, 54375 Main Road, Southold, New York at 2:00 P. M., to discuss a Transfer of Development Rights Program. '" Vote Record ~ Resolution RE8-2007-570 Yes/Aye NolNay 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 Voter It! 0 0 0 0 Tabled Thomas H. Wickham Seconder It! 0 0 0 0 Withdrawn Louisa P. Evans Initiator It! 0 0 0 Scott Russell Voter It! 0 0 0 2007-571 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification -- Pump-Out Boat Spring Commis RESOLVED that the Town Board of the Town of South old hereby modifies the 2007 General Fund Whole Town bude:et as follows: To: A.8090.4.400.600 Trustees, C.E. Equipment Maintenance & Repairs $ 1,290 From: A.1990.4.1 00.1 00 Contingent, C.E. Unallocated Contingencies $ 1,290 ,/ Vote Record - Resolution RES-2007~S71 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 It! 0 0 0 Scott Russell Voter It! 0 0 0 2007-572 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification to Appropriate a Donation RESOLVED that the Town Board of the Town of South old hereby modifies the 2007 General Fund Whole Town bude:et as follows: July 3, 2007 Southold Town Board Meeting Minutes Page 8 To: Revenues: A.2705AO Gifts and Donations $ 2,000.00 To: A.1620A.I 00.1 00 Buildings & Grounds, C.E. Miscellaneous Supplies $ 2,000.00 ./ Vote Record - Resolution RE8-2007-S72 Y~s/;\)'e NolNay Abstain Absent Ii'! Adopted AI~ert Krupski Jr. Seconder Ii'! D D D D Adopted as Amended William P. Edwards Initiator Ii'! D D D D Defeated Daniel C. Ross Voter Ii'! D D D D Tabled Thomas H. Wickham Voter Ii'! D D D D Withdrawn Louisa P. Evans Voter Ii'! D D D Scott Russell Voter Ii'! D D D 2007-573 CATEGORY: DEPARTMENT: Employment - Town Accounting Appoint Janice Foglia to Principal Account Clerk RESOLVED that the Town Board of the Town of South old hereby promotes Janice Foelia to the position of a Principal Account Clerk for the Accounting Department, effective July 5, 2007, at a rate of 54,142.20 annually. ./ Vote Record - Resolution RES-2007-S73 Yes/Aye No/Nay Abstain Absent Ii'! Adopted Albertl~rupski Jr. Voter Ii'! D D D D Adopted as Amended William P. Edwards Voter Ii'! D D D D Defeated Daniel C. Ross Initiator Ii'! D D D D Tabled Thomas H. Wickham Voter Ii'! D D D D Withdrawn Louisa P. Evans Seconder Ii'! D D D Scott Russell Voter Ii'! D D D 2007-574 CATEGORY: DEPARTMENT: Employment - FIFD Accounting .Appoint Edward J Bridgeman PT Deckhand FIFD RESOLVED that the Town Board of the Town of Southold hereby appoints Edward J. Brideeman to the position of a part time deckhand for the Fishers Island Ferry District, effective June 20, 2007, at a rate of $9.50 per hour. July 3, 2007 Southold Town Board Meeting Minutes Page 9 '" Vote Record - Resolution RES-2007-S74 Y~s/t\y~ No/Nay Abstain Absent iii Adopted Albert Krupski Jr. Voter iii 0 0 0 0 Adopted as Amended William P. Edwards Voter iii 0 0 0 0 Defeated Daniel C. Ross Voter iii 0 0 0 0 Tabled Thomas H. Wickham Seconder iii 0 0 0 0 Withdrawn Louisa P. Evans Initiator iii 0 0 0 Scott Russell Voter iii 0 0 0 2007-575 CATEGORY: DEPARTMENT: Employment - FIFD Accounting Appoint Nicholas Powell As Seasonal PT Laborer RESOLVED that the Town Board of the Town of Southold hereby appoints Nicholas Powell to the position of a seasonal laborer for the Fishers Island Ferry District June 20, 2007 thru September 30,2007, at a rate of$9.00 per hour. effective ./ Vote Retard - Resolution RES-2007-S7S Yes/Aye NolNay Abstain Absent iii Adopted AlbettKrupski Jr. Voter iii 0 0 0 0 Adopted as Amended William P. Edwards Seconder iii 0 0 0 0 Defeated Daniel C. Ross Voter iii 0 0 0 0 Tabied Thomas H. Wickham Initiator iii 0 0 0 0 Withdrawn Louisa P. Evans "Voter iii 0 0 0 Scott Russell Voter iii 0 0 0 2007-576 CATEGORY: DEPARTMENT: Employment - FIFD Accounting Increase FIFD Laborer Donald Brown Salary to $14.0 RESOLVED that the Town Board of the Town of South old hereby increases the salary of Donald Brown, laborer for the Fishers Island Ferry District, effective June 1,2007, to a rate of $15.00 per hour. ./ Vote Record - Resolution RES-2007-S76 Yes/Aye No/Nay Abstain Absent iii Adopted Albert Krupski Jr. Initiator iii 0 0 0 0 Adopted as Amended William P. Edwards Seconder iii 0 0 0 0 Defeated Daniel C. Ross Voter iii 0 0 0 0 Tabled Thomas H. Wickham Voter iii 0 0 0 0 Withdrawn Louisa P. Evans Voter iii 0 0 0 Scott Russell Voter iii 0 0 0 July 3, 2007 Southold Town Board Meeting Minutes Page 10 2007-577 CATEGORY: DEPARTMENT: Employment - FIFD Accounting Increase Salaries of Two FIFD Employees RESOLVED that the Town Board of the Town of South old hereby increases the salaries of Debra Dixon and Debra Doucette part time clerks for the Fishers Island Ferry District effective June 7, 2007, at a rate of3% per hour. ./ Vote Record - Resolution RES-2007-577 Yesh\ye No/Nay Abstain Absent It! Adopted Albert Krupski Jr. Seconder It! 0 0 0 0 Adopted as Amended William P. Edwards Initiator It! 0 0 0 0 Defeated Daniel C. Ross Voter It! 0 0 0 0 Tabled Thomas H. Wickham Voter It! 0 0 0 Withdrawn Louisa P. Evans Voter It! 0 0 Scott Russell Voter It! 0 0 0 2007-578 CATEGORY: DEPARTMENT: Employment - Town Recreation Hire Seasonal Employees RESOLVED that the Town Board of the Town of South old appoint the followine: 2007 seasonal summer staff for the period of June 23 - September 3. 2007 as follows: STILL WATER LIFEGUARD Thomas Boucher (1st year) HOURLY SALARY $12.17 RECREATION AIDE (PLAYGROUND INSTRUCTORS) Doreen Mazzaferro (I st year) $11.34 ./ Vote Record - Resolution RES-2007-578 Yeslt\ye ]'lJ()fNay Abstain Absent It! Adopted Albert KrupskiJr. Voter It! 0 0 0 0 Adopted as Amended William P. Edwards Voter It! 0 0 0 0 Defeated Daniel C. Ross Initiator It! 0 0 0 0 Tabled Thomas H. Wickham Voter It! 0 0 0 0 Withdrawn Louisa P. Evans Seconder It! 0 0 0 Scott Russell Voter It! 0 0 0 2007-579 CATEGORY: DEPARTMENT: Employment - Town Accounting July 3, 2007 Southold Town Board Meeting Minutes Page II Amend Resolution Appointing Senior Citizen Site Manager RESOLVED that the Town Board of the Town of South old hereby amends resolution number 2007-402 adopted on April 24. 2007 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints Jacqueline E. Martinez from the Suffolk Countv Civil Service Department's certified list of elilribles to the permanent position of Senior Citizens Center Manae:er for the Department of Human Services, effective May 7,2007, at an annual rate of $54,447.96. ./ Vote Record - Resolution RES-2007~S79 Yes/Aye NolNay 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 Voter It! 0 0 0 0 Tabled Thomas H. Wickham Seconder It! 0 0 0 0 Withdrawn Louisa P. Evans Initiator It! 0 0 0 Scott Russell Voter It! 0 0 0 2007-580 CATEGORY: DEPARTMENT: Budget Modification Town Attorney Budget Modification - Town Board RESOLVED that the Town Board ofthe Town of South old hereby modifies the 2007 General Fund Whole Town bude:et as follows: From: A. I 990.4.1 00.1 00 Contingencies $273.60 To: A.I 01 0.4.500.500 Town Board, Planning Consultant $273.60 ./ Vote Record - Resolution RES-2007-580 Yes/Aye NolNay Abstain Absent It! Adopted A.l~~rt.I<.rupski}r. Voter It! 0 0 0 0 Adopted as Amended William P. Edwards Voter It! 0 0 0 0 Defeated Daniel C. Ross Voter It! 0 0 0 0 Tabled Thomas H. Wickham Initiator It! 0 0 0 0 Withdrawn Louisa P. Evans Seconder It! 0 0 0 Scott Russell Voter It! 0 0 0 July 3, 2007 Southold Town Board Meeting Minutes Page 12 2007-581 CATEGORY: DEPARTMENT: Advertise Police Dept Advertisefor Bidsfor Surplus Police Vehicle RESOLVED that the Town Board of the Town of Southold hereby declares the followine: equipment to be surplus equipment: 2004 Ford Crown Victoria - 2F AHP71 WX4XI64587 Contact person is Lt. H. William Sawicki - (631) 765-2600. Vehicle in "as is" condition and may be viewed at Police Headquarters by making arrangements with Lt. Sawicki. Be it further RESOLVED that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same. ., Vote Record - Resolution RES-2007-581 Yesl~Ye: NorNay Abstain Absent iii Adopted Albert Krupski Jr. Initiator iii 0 0 0 0 Adopted as Amended William P. Edwards Seconder iii 0 0 0 0 Defeated Daniel C. Ross Voter iii 0 0 0 0 Tabled Thomas H. Wickham Voter iii 0 0 0 0 Withdrawn Louisa P. Evans Voter iii 0 0 0 Scott Russell Voter iii 0 0 0 2007-582 CATEGORY: DEPARTMENT: Employment - Town Accounting Appoint Bonnie Doroski to Administrative Assistant RESOLVED that the Town Board of the Town of Southold hereby promotes Bonnie Doroski to the position of a Administrative Assistant for the Town Clerks office, effective July 5,2007, at a rate of $44,549.48 per annum. " Vote Record - Resolution RES-2007-S82 Yes/Aye l'l()ll'Jay Abstain Absent iii Adopted Albert~Jl.lpskiJr. Seconder iii 0 0 0 0 Adopted as Amended William P. Edwards Initiator iii 0 0 0 0 Defeated Daniel C. Ross Voter iii 0 0 0 0 Tabled Thomas H. Wickham Voter iii 0 0 0 0 Withdrawn Louisa P. Evans Voter iii 0 0 0 Scott Russell Voter iii 0 0 0 2007-583 July 3, 2007 Southold Town Board Meeting Minutes Page 13 CATEGORY: DEPARTMENT: Employment - Town Town Clerk Pump Out Boat Operator RESOLVED that the Town Board of the Town of South old hereby appoints David Commando to the position of Pump-Out Boat Operator for the Board of Trustees, effective July 7, 2007 through October 7, 2007, at a rate of$12.00 per hour. ,/ Vote Record - Resolution RE8-2007-583 YeslAye NO/Nay Abstain Absent 6'1 Adopted Albert Krupski Jr. Voter 6'1 0 0 0 0 Adopted as Amended William P. Edwards Voter 6'1 0 0 0 0 Defeated Daniel C. Ross Initiator 6'1 0 0 0 0 Tabled Thomas H. Wickham Voter 6'1 0 0 0 0 Withdrawn Louisa P. Evans Seconder 6'1 0 0 0 Scott Russell Voter 6'1 0 0 0 2007-584 CATEGORY: DEPARTMENT: CloselUse Town Roads Town Clerk Closure of Love Lane for Movie Nights 2007 RESOLVED that the Town Board of the Town of Southold hereby erants permission to the Mattituck Chamber of Commerce to use Loye Lane. Mattituck at the intersections of Pike Street and State Route 2S for the purpose of Movie Nieht on Saturday, Julv 21 and Aueust 11.2007 durine the hours of 4:00 PM to 12:00 AM (midnieht) provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured for both events and notify Cap!. Flatley within ten (10) days of the approval of this resolution to coordinate traffic control. ./ Vote Record - Resolution RES-2007-584 Y~~;\ye NolNay Abstain Absent 6'1 Adopted AlbetiKrupski Jr. Voter 6'1 0 0 0 0 Adopted as Amended William P. Edwards Voter 6'1 0 0 0 0 Defeated Daniel C. Ross Voter 6'1 0 0 0 0 Tabled Thomas H. Wickham Voter 6'1 0 0 0 0 Withdrawn Louisa P. Evans Initiator 6'1 0 0 0 Scott Russell Seconder 6'1 0 0 0 2007-585 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Clerk July 3, 2007 Southold Town Board Meeting Minutes Page 14 Amend Signage PH to 7/17/074:45 Pm RESOLVED that the Town Board of the Town of South old hereby amends resolution 2007- 531. adopted at the June 5. 2007 rel!:ular Town Board meetinl!: to read as follows: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York on the 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 17th day of Julv. 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 of the sign, and to establish a monetary penalty for violations. Section 2. Code Amendment. Chapter 280 Zoning of the Code of the Town of Southold is hereby amended as follows: S 280-88. Unsafe, abandoned and unlawful signs. A. The ewHeI' beneficiary 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. If the Building Inspector shall Mne determines that any sign regulated herein is unsafe, inseeure, damaged, deteriorated, or a mellaee te the ptiblie 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 gj-.'e 'mittelllletiee by sertiMeemail te the e'liHer eftile premises en whish slleh sign is leeateEl, as showH oil the latest TewH assessmellt rell. Saie sign aHd all appll!'teHlHlees shall be takell dewH aDd remeved by the e'_er, agellt or persell having tile BBneMeialllse efthe BlIilding of strueMe IIpon whieh slIsh sign may Be felllld within 30 eays July 3, 2007 Southold Town Board Meeting Minutes Page IS after ?,TitteH HatifieatieH frem the BlIildiHg 1Bslleeter. UlleH the fail lire te eaffiJlly with slish Betiee withiH tile time spesifies tIlereiH, the Bliilaiflg IHspeeter is alItherizea te rem eve er eallse the remayal ef slieh sigH at the e)(-jleBse ef the perseH er perseHs Ramea iH slleh Hetiee. such sign may be removed and disposed of by the Town without prior notice. Upon such removal, all costs and expenses incurred by the Town for the removal !IfIS sterage of such sign shall be assessea agaiHst tke laRa eH whieh slich sigH was leeates the responsibilitv of the owner or beneficiary of such sign. The Town may pursue any and all remedies available at law to recover anv unpaid costs associated with removal of any sign. including filing a statement !IfIS a statemeHt of slieh e)(peHSeS shall be preseHtes te the eWRer efthe lana. If slieh statemeHt is Het paia withiH 30 aays after its preseRtmeHt, the Bliilaillg IHspeeter may file a statemeHt 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 ofSouthold~ The e?mer eftke sigH remeves by the Blii18iHg IHspeeter as hereiHllefere previaea shall Het be permitted ta redeem slleh SigH lilltil all eRjleHses ef rema'/al ana gtefllge fla';e beeR paia. C. If, iH the aetermiHatieH efthe BliikliBg IRspeeter, a SigH is an immeaiate peril te persells Sf preperty, he may e!lllse slieh sigH te be remevea sHmmarily !IfId withem Retiee. The eest ef slish reme'/aI shall be pais by the T eWR, !IfIS sHeh amellRt shall be !IfIa besame a lieR lifleR the premises iH fjHeiltieH ana shall be leviea !IfIa 6elleetea iH the same mar.ner aHallfiser the same peaalties as an assessmeHt ef a pHblie iffiJlrevemeHt. C. At the discretion ofthe Building Inspector. a sign mav be stored bv the Town and notice given bv certified mail or personal service to the owner and/or beneficiary of the sign. Such sign may be redeemed bv the owner or beneficiary upon payment of the removal and storage costs. Any sign stored by 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 IS davs. 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. July 3, 2007 Southold Town Board Meeting Minutes Page 16 ./ Vote Record - Resolution RES-2007-58S Yesi^ye NolNay Abstain Absent Ii'I Adopted Albert Krupski Jr. Voter Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'I 0 0 0 0 Defeated Daniel C. Ross Voter Ii'I 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii'I 0 0 0 0 Withdmwn Louisa P. Evans Seconder Ii'I 0 0 0 Scott Russell Voter Ii'I 0 0 0 2007-586 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Cooperative Agreement Between the United States of America Commodity Credit Corporation Working Through the Natural Resources Conservation Service and the Town of South old for the Farm and Ranch Lands Protection Program In Connection with the Pending Conservation Easement on the Pfeifle and Roses Vineyards RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Cooperative Al!reement between the United States of America Commoditv Credit Corporation workinl! throul!h the Natural Resources Conservation Service and the Town of Southold for the Farm and Ranch Lands Protection Prol!ram in connection with the pendinl! Conservation Easement on the Pfeifle and Roses Vinevards, subject to the approval ofthe Town Attorney. ./ Vote Record - Resolution RES-2007-S86 Yes/Aye NOINIIY Abstain Absent Ii'I Adopted Albert Krupski Jr. Voter 0 0 Ii'I 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 Seconder Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'I 0 0 0 Scott Russell Voter Ii'I 0 0 0 2007-587 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between the Suffolk County Office for the Aging and the Town of Southold for the III-C Nutrition Program, IFMS No. SC EXE 0000000-001 -6790-4980- 95284 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Al!reement between the Suffolk Countv Office for the Al!inl! and the Town of Southold for the III-C Nutrition Prol!ram, IFMS No. SC July 3, 2007 Southold Town Board Meeting Minutes Page 17 EXE 0000000-001-6790-4980-95284, for the period January I, 2007 through December 31, 2007 for Congregate Meals, and for the period April I, 2007 through December 31, 2007 for Home-Delivered Meals, with four one-year extensions at the County's option, subject to the approval of the Town Attorney. ./ Vote Ruord - Resolution RES-2007-587 YesJ~ye No/Nay Abstain Absent J;>J Adopted Albert Krupski Jr. Initiator J;>J 0 0 0 0 Adopted as Amended William P. Edwards Seconder J;>J 0 0 0 0 Defeated Daniel C. Ross Voter J;>J 0 0 0 0 Tabled Thomas H. Wickham Voter J;>J 0 0 0 0 Withdmwn Louisa P. Evans Voter J;>J 0 0 0 Scott Russell Voter J;>J 0 0 0 2007-588 CATEGORY: DEPARTMENT: Employment - Town Accounting Part-Time Employee 3% Salary Increase RESOLVED that the Town Board of the Town of South old hereby approves a 3% rate increase for the followin2 Fishers Island personnel, effective June 7, 2007: NAME NEW RATE Ben Burdick $11.67 Charlis Burgess $30. J3 Edward Carboni $11.33 Josh Davis $10.08 Eric Easter $11.14 Tom Evanko $10.61 Scott Fenton $ 9.83 Nick Gauthier $ 9.54 Mike Gelman $11.54 Pete Gilmore $ 9.78 Logan Glidewell $ 9.27 Dave Grote $14.46 Steve Gural $16.33 Tim Keating $22.50 July 3, 2007 Southold Town Board Meeting Minutes Page 18 Chris Killam $13.79 David Lynch $ 9.27 Derek Marks $ 9.27 Jason Marks $ 9.54 Anthony Mirabelli $22.50 Kenneth Ricker $23.35 Jack Searle $11.27 Russell Smith $10.08 Andrew Tulba $ 9.27 JM Walker $11.14 Matt Willett $ 9.54 Jim Wright $11.33 David Yale $10.08 ./ Vote Record - Resolution RES-2007-S88 Yes/Aye NolNay Abstain Absent It! Adopted Albert Krupski Jr. Voter It! 0 0 0 0 Adopted as Amended William P. Edwards Seconder It! 0 0 0 0 Defeated Daniel C. Ross Initiator It! 0 0 0 0 Tabled Thomas H. Wickham Voter It! 0 0 0 0 Withdrawn Louisa P. Evans Voter It! 0 0 0 Scott Russell Voter It! 0 0 0 2007-589 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the New Suffolk Civic Association to Use Certain Town Roadsfor Its Annual Independence Day Parade on Wednesday, July 4, 2007 RESOLVED that the Town Board of the Town of South old hereby I!rants permission to the New Suffolk Civic Association to use the followinl! roads for its Annual Independence Day Parade on Wednesday. July 4. 2007 beginning at 11:00 AM (line up begins at 10:30 AM): Old Harbor Road, Tuthill Road, New Suffolk Road, Fifth Street, Main Street, First Street and Town Beach, provided they file with the Town Clerk a One Million Dollar Certificate ofInsurance naming the Town of Southold as an additional insured and notify Capt. Flatley to coordinate traffic control. July 3, 2007 Southold Town Board Meeting Minutes Page 19 .t' Vote Record - Resolution RES-2007-589 Yes/Aye NolNay 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 Voter It! 0 0 0 0 Tabled Thomas H. Wickham Seconder It! 0 0 0 0 Withdrawn Louisa P. Evans lnitiator It! 0 0 0 Scott Russell Voter It! 0 0 0 2007-590 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement with the Suffolk County Office of the Agingfor Community Services for the Elderly Residential Repair Program RESOLVED that the Town Board ofthe Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Al!:reement with the Suffolk Countv Office of the Al!:inl!: for communitv services for the Elderlv Residential Repair Prol!:ram, IFMS No. SCS EXE 0000000 No. 001-6777-4980-95285 from April I, 2006 through March 31, 2008, subject to the approval of the Town Attorney. ./ Vote Retard - Resolution RES-2007-S90 Yes/t\.ye NolNay Abstain Absent It! Adopted Albert Krupski Jr. Voter It! 0 0 0 0 Adopted as Amended WiJliam P. Edwards Voter It! 0 0 0 0 Defeated Daniel C. Ross Voter It! 0 0 0 0 Tabled Thomas H. Wickham Initiator It! 0 0 0 0 Withdrawn Louisa P. Evans Seconder It! 0 0 0 Scott Russell Voter It! 0 0 0 2007-591 CATEGORY: DEPARTMENT: Retirement/Resignation Accounting Resignation of William Bunchuck RESOLVED that the Town Board of the Town of South old hereby accepts the resignation of Southold Town Beach Attendant William Bunchuck effective immediately. July 3, 2007 Southold Town Board Meeting Minutes Page 20 "" Vote Record - Resolution RES-2007-591 Y~s/t\ye Noll'Jay 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 It! 0 0 0 Scott Russell Voter It! 0 0 0 2007-592 CATEGORY: DEPARTMENT: Equipment Town Attorney Approves the Hiring, on an Emergency Basis for the Immediate Repair of the Fishers Island Sewer District's Ejjluent Station, of Harold's LLC RESOLVED that the Town Board of the Town of South old hereby approves the hirine:. on an emere:encv basis for the immediate repair of the Fishers Island Sewer District's effluent station. of Harold's LLC to perform pump-out and sandbagging services at a cost not to exceed $3,105. '" Vote Record - Resolution RES-2007-592 Yes/Aye NolNay Abstain Absent It! Adopted Albert Krupski Jr. Seconder It! 0 0 0 0 Adopted as Amended William P. Edwards Initiator It! 0 0 0 0 Defeated Daniel C. Ross Voter It! 0 0 0 0 Tabled Thomas H. Wickham Voter It! 0 0 0 0 Withdrawn Louisa P. Evans Voter It! 0 0 0 Scott Russell Voter It! 0 0 0 2007-593 CATEGORY: DEPARTMENT: Equipment Town Attorney Hereby Approves the Hiring, on an Emergency Basis for the Immediate Repair of the Fishers Island Sewer District's Ejjluent Station. of Water & Waste Equipment RESOLVED that the Town Board of the Town of South old herebv approves the hirine:. on an emere:encv basis for the immediate repair of the Fishers Island Sewer District's effluent station. of Water & Waste Equipment to perform emergency repairs at a cost not to exceed $20,654.1 O. July 3, 2007 Southold Town Board Meeting Minutes Page 21 ./ Vote Record - Resolution RES-2007-S93 Yes/Aye No~ay 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 Withdmwn Louisa P. Evans Voter Iil 0 0 0 Scott Russell Voter Iil 0 0 0 2007-594 CATEGORY: DEPARTMENT: Budget Modification Town Clerk ModifY the 2007 General Fund Part-Town Budgetfor the Planning Department RESOLVED that the Town Board of the Town of Southold hereby modifies the 2007 General Fund Part-Town budl!:et as follows: From: B.8020.4.500.500 Planning Consultant $3000.00 To: B.8020.4.600.200 Planning: Meetings & Seminars $3000.00 ./ Vote Record - Resolution RES-2007-594 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 Voter Iil 0 0 0 0 Tabled Thomas H. Wickham Seconder Iil 0 0 0 0 Withdrawn Louisa P. Evans Initiator Iil 0 0 0 Scott Russell Voter Iil 0 0 0 2007-595 CATEGORY: DEPARTMENT: RetirementJResignation Accounting Resignation of Robert Eves RESOLVED that the Town Board of the Town of Southold hereby accepts the resil!:nation of Robert Eves from the position of Seasonal Laborer in the Department of Public Works, effective July 2, 2007. July 3, 2007 Southold Town Board Meeting Minutes Page 22 ./ Vote Record ~ Resolution RES-2007-S9S Xes/Aye, N~INIlY 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 Voter Iil 0 0 0 0 Tabled Thomas H. Wickham Initiator Iil 0 0 0 0 Withdrawn Louisa P. Evans Seconder Iil 0 0 0 Scott Russell Voter Iil 0 0 0 2007-596 CATEGORY: DEPARTMENT: Property Acquisition Purchase Town Attorney Authorizes Given Associates to Prepare an Update of the 2005 Appraisal on the Property Known As 1000-61-1-3 Located Behind the Existing Town Hall Building RESOLVED that the Town Board ofthe Town of South old hereby amends resolution number 2007-539 adopted on June 19.2007 to read as follows: RESOLVED that the Town Board of the Town of South old hereby authorizes Given Associates to prepare an update of the 2005 appraisal on the property known as 1000-61-1-3 located behind the existinl!: Town Hall buildinl!:. at a cost not to exceed $3,000.00. ./ Vote Record - Resolution RES-2007-S96 Yes/Aye NolNay Abstain Absent Iil Adopted Albert Krupski Jr. Initiator Iil 0 0 0 0 Adopted as Amended William P. Edwards Seconder Iil 0 0 0 0 Defeated Daniel C. Ross Voter Iil 0 0 0 0 Tabled Thomas H. Wickham Voter Iil 0 0 0 0 Withdrawn Louisa P. Evans Voter Iil 0 0 0 Scott Russell Voter 0 0 0 0 2007-597 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Appoint Members to Dredge Committee RESOLVED that the Town Board of the Town of Southold hereby appoints the followinl!: individuals as members to the newlv formed Dredl!:e Committee, effective immediately through March 31, 2009: Eugene Berger July 3, 2007 Southold Town Board Meeting Minutes Page 23 Robert Lehnert Peter R. McGreevy Jerry Schultheis ./ Vote Record - Resolution RES-2007-S97 Yes/Aye, NolNay Abstain Absent It! Adopted Albert Krupski Jr. Seconder It! 0 0 0 0 Adopted as Amended William P. Edwards Initiator It! 0 0 0 0 Defeated Daniel C. Ross Voter It! 0 0 0 0 Tabled Thomas H. Wickham Voter It! 0 0 0 0 Withdrawn Louisa P. Evans Voter It! 0 0 0 Scott Russell Voter It! 0 0 0 2007-425 Tabled 4/24/20074:30 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact Local Law 15 AMENDED In Relation to Wind Energy Systems for Agricultural Uses WHEREAS, there had been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 13th day of March, 2007 a Local Law entitled "A Local Law in relation to Wind Ener2V Systems for Ae:ricultural Uses" 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 24th day of April, 2007 at 4:45 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 finds that this Local Law is CONSISTENT with the L WRP and be it further RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Wind Ener2V Systems for Ae:ricultural Uses" that reads as follows: LOCAL LAW NO. 15 of 2007 July 3, 2007 Southold Town Board Meeting Minutes Page 24 A Local Law entitled, "A Local Law in relation to Wind Enerl!V Systems for Ae:ricultural Uses". 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 South old, the Town Board of the Town of South old finds it appropriate to encourage the development of small wind energy systems attendant to bona fide agricultural uses, and to provide standards for such systems. The overriding goal of this local law is to promote the reduction of on-site consumption of utility power for such uses, while protecting from any adverse effects of such systems. II. Chapter 280 ofthe Code ofthe Town of Southold is hereby amended, as follows: S 280- 4. Definitions. B. SMALL WIND ENERGY SYSTEM -- A wind energy conversion svstem consisting of a wind turbine (not to exceed 25 kilowatts of production). a tower, and associated control or conversion electronics, which has a rated capacity intended primarily to reduce on-site consumption of utility power. ARTICLE III Agricultural-Conservation (A-C) District and Residential R-80, R-120, R-200 and R-400 Districts S 280-13. Use Regulations. A. Permitted Uses. (5) Small wind energv svstems on parcels greater than seven (7) acres in size. which parcels are dedicated primarilv to uses necessary for bona fide agricultural production. and subiect to the standards provided in Chapter 277 of this Town Code. III. follows: A new Chapter 277 of the Code ofthe Town of South old is hereby adopted, as & 277-1. Definitions. SMALL WIND ENERGY SYSTEM -- A wind energy conversion svstem consisting of a wind turbine (not to exceed 25 kilowatts of production), a tower. and associated control or conversion electronics. which has a rated capacitv intended primarily to reduce on-site consumption of utility power. July 3, 2007 Southold Town Board Meeting Minutes Page 25 TOWER HEIGHT - The height above grade of the fixed portion of a tower that is part of a small wind energv svstem. exclusive ofthe wind turbine. & 277-2. Application. Applications for small wind energv svstems shall be submitted to the Town of Southold Building Department and shall include: a. Name. address. telephone number ofthe applicant. If the applicant will be represented by an agent. the name. address and telephone number of the agent as well as an original signature of the applicant authorizing the agent to represent the applicant. b. Name. address. telephone number of the property owner. Ifthe prooerty owner is not the applicant. the application shall include a letter or other written permission signed by the property owner (i) confirming that the property owner is familiar with the proposed applications and (ii) authorizing the submission of the application. c. Address of each proposed tower site. including tax map section. block and lot number. d. Evidence that the proposed tower height does not exceed the height recommended by the manufacturer or distributor of the system. e. A plot olan at I' = 100' scale depicting the limits ofthe fall zone distance from structures. property lines. public roads and proiected noise levels decibels (DBA) from the small wind energy system to nearest occupied dwellings. f. A line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to the Electric Code. g. Written evidence that the electric utility service provider that serves the proposed site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator. unless the applicant does not plan. and so states in the application. to connect the system to the electricity grid. &277-3. Development standards. a. Tower Height. Tower height shall not exceed one-hundred twenty (120) feet. July 3, 2007 Southold Town Board Meeting Minutes Page 26 To preyent harmful wind turbulence to the small wind energy system, the minimum height of the lowest part of any horizontal axis wind turbine blade shall be at least 30 feet aboye the highest structure or tree within a 250 foot radius. Modification of this standard may be made when the applicant demonstrates that a lower height will not ieopardize the safety ofthe wind turbine structure. b. Set-backs. Notwithstanding the proyisions of the Bulk Schedule, the following standards shall apply to Small Wind Energy Systems: i. A small wind energy system shall be set back from a property line a distance no less than the total height ofthe small wind energy plus ten (10) feet. except that it shall be set back at least three hundred (300) feet from a property line bordering an existing residential structure. In no instance shall the small wind energy system be closer than one hundred feet (100) to a property line. ii. No part of the wind system structure, including gUY wire anchors, may extend closer than ten (10) feet to the property boundaries ofthe installation site. 111. A small wind energy system shall be set back from the nearest public road or right of way a distance no less than the total height of the small wind energy system plus ten (10) feet, and in no instance less than one hundred (100) feet. c. Noise. Small wind energy systems shall not exceed 60 DBA, as measured at the closest neighboring inhabited dwelling at the time of installation. The leyel. howeyer, may be exceeded during short-term eyents such as utility outages and/or seyere wind storms. d. Approyed Wind Turbines. Small wind turbines must haye been approyed under the small wind certification program recognized by the American Wind Energy Association and/or NYSERT A. e. Compliance with Uniform Building Code. Building permit applications for small wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with the Uniform Building Code and certified by a licensed professional engineer shall also be submitted. This requirement may be satisfied by documentation presented by the manufacturer. f. Compliance with National Electric Code. Building permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code. This requirement may be satisfied by documentation supplied by the manufacturer. July 3, 2007 Southold Town Board Meeting Minutes Page 27 g. Compliance with FAA Regulations. Small wind energy systems must complv with applicable FAA regulations, including any necessary approvals for installations close to airports. The allowed height shall be reduced to complv with all applicable Federal Aviation Requirements, including Subpart B (commencing with Section 77.11) of Part 77 of Title 14 ofthe code of Federal Regulations regarding installations close to airports. h. Utility Notification. No small wind energy system shall be installed until evidence has been given that the utilitv company has been informed ofthe customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement. &277-4. Construction standards. a. Exterior lighting on any structure associated with the system shall not be allowed except that which is specifically required bv the Federal Aviation Administration. b. The system's tower and blades shall be a non-reflective, unobtrusive color that blends the system and its components into the surrounding landscape to the greatest extent possible and incorporate non-reflective surfaces to minimize any visual disruption. c. All on-site electrical wires associated with the system shall be installed underground except for "tie-ins" to a public utility company and public utilitv company transmission poles, towers and lines. d. The system shall be operated such that no disruptive electromagnetic interference is caused. If it has been demonstrated that a system is causing harmful interference, the system operator shall promptly mitigate the harmful interference or cease operation of the system. e. At least one sign shall be posted on the tower at a height of five feet warning of electrical shock or high voltage and harm from revolving machinery. f. No brand names, logo or advertising shall be placed or painted on the tower, rotor, generator or tail vane where it would be visible from the ground, except that a system or tower's manufacturer's logo may be displaved on a system generator housing in an unobtrusive manner. g. Towers shall be constructed to provide one of the following means of access control. or other appropriate method of access: I. Tower-climbing apparatus located no closer than 12 feet from the ground. July 3, 2007 Southold Town Board Meeting Minutes Page 28 n. A locked anti-climb device installed on the tower. nl. A locked. protective fence at least six feet in height that encloses the tower. h. Anchor points for anv gUV wires for a system tower shall be located within the property that the system is located on and not on or across any above-ground electric transmission or distribution lines. The point of attachment for the gUY wires shall be sheathed in bright orange or yellow covering from three to eight feet above the ground. i. All small wind energy systems shall be equipped with manual and automatic over-speed controls. The conformance of rotor and over-speed control design and fabrication with good engineering practices shall be certified by the manufacturer. &277-5. Fees. a. The Building Department fee for small wind energy system applications shall be $250.00. &277-6. Abandonment of Use. All small wind energy systems which are not used for twelve (12) successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner. Failure to abide by and faithfully comply with this section or with any and all conditions that may be attached to the granting of any building permit shall constitute grounds for the revocation of the permit by the Building Department. &277-7. Enforcement: Penalties and Remedies for Violations. A. The Town Board shall appoint such Town Staff or outside consultants as it sees fit to enforce this Article. Notwithstanding such appointment. the Building Inspector. Code Enforcement Officer and Town Attorney shall have authority to enforce this Article. B. Any person owning. controlling or managing any building. structure or land who shall undertake a wind energy conversion facility or wind monitoring tower in violation of this Article or in noncompliance with the terms and conditions of any permit issued pursuant to this Article. or any order of the enforcement officer. and any agent who shall assist in so doing. shall be guilty of an offense and subiect to a fine of not more than $1000.00 or to imprisonment for a period of not more than 30 thirty days. or subiect to both such fine and imprisonment. Every such person shall be deemed guilty of a separate offense for each week such violation shall continue. The Town may institute a civil proceeding to collect civil penalties in the amount of $1000.00 for each violation and each week said violation continues shall be deemed a separate violation. C. In case of any violation or threatened violation of any of the provisions ofthis Article. including the terms and conditions imposed by any permit issued pursuant to this Article. in July 3, 2007 Southold Town Board Meeting Minutes Page 29 addition to other remedies and penalties herein provided. the Town mav institute anv appropriate action or proceeding to prevent such unlawful erection, structural alteration, reconstruction. moving and/or use. and to restrain, correct or abate such violation. to prevent the illegal act. IV. SEVERABILITY. Should any provision of this Local Law be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this Local Law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. V. EFFECTIVE DATE. This Local Law shall be effective upon its filing with the Secretary of State in accordance with the Municipal Home Rule Law. -/ Vote Record - Resolution RE8-2007-425 0 Adopted y ~s/Aye N()!N'ay Abstain Absent AI~ert Krupski Jr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Initiator 0 0 0 0 0 Tabled Thomas H. Wickham Seconder 0 0 0 0 0 Withdmwn Next: Ju117, 2007 4:30 PM Louisa P. Evans Voter 0 D 0 0 Scott Russell Voter 0 0 0 2007-598 CATEGORY: DEPARTMENT: Employment - FIFD Town Clerk Hire Pump Out Boat OPerators for FI RESOLVED that the Town Board of the Town of South old hereby appoints the folIowinl! individuals to the position of part-time. seasonal Pump Out Boat operators for Fishers Island, effective July 7. 2007 through October 7, 2007, at a rate of$12.00 per hour: Michael Conroy George Peabody George Cook ./ Vote Record - Resolution RE8-2007-598 Yes/Aye l'lolNay Abstain Absent 0 Adopted Albert ~rups~i Jr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Initiator 0 0 0 0 0 Tabled Thomas H. Wickham Voter 0 0 0 0 0 Withdrawn Louisa P. Evans Seconder 0 0 0 0 Scott Russell Voter 0 0 0 0 2007-599 July 3, 2007 Southold Town Board Meeting Minutes Page 30 CATEGORY: DEPARTMENT: Budget Modification Town Clerk Fishers Island Ferry District - Budget Mod RESOLVED that the Town Board of the Town of South old hereby modifies the Fishers Island Ferry District 2007 budeet. as follows: Revenues: SM.3097 SM.4097 State Aide Federal Aide $ 27,421.00 1,042,000.00 Appropriations: SM.5610.2 Elizabeth Airport Capital Outlay $1,069,421.00 ./ Vote Record ~ Resolution RES-2007-599 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 Voter Iil 0 0 0 0 Tabled Thomas H. Wickham Seconder Iil 0 0 0 0 Withdrawn Louisa P. Evans Initiator Iil 0 0 0 Scott Russell Voter Iil 0 0 0 2007-600 CA TEGORY: DEPARTMENT: Contracts, Lease & Agreements Public Works Scavenger Waste - Clean Up RESOLVED that the Town Board of the Town of South old hereby accepts the proposal of Stanlev Skrezec to cut down and clean away the overerown veeetation located at the Scaveneer Waste Facilitv. at a cost not to exceed $1500.00, all in accordance with the Town Attorney. ./ Vote Record ~ Resolution RES-2007-600 yes/Aye NOll'lay Abstain Absent Iil Adopted NIJ~rtl(rupski Jr. Voter Iil 0 0 0 0 Adopted as Amended William P. Edwards Voter Iil 0 0 0 0 Defeated Daniel C. Ross Voter Iil 0 0 0 0 Tabled Thomas H. Wickham Initiator Iil 0 0 0 0 Withdrawn Louisa P. Evans Seconder Iil 0 0 0 Scott Russell Voter Iil 0 0 0 July 3, 2007 Southold Town Board Meeting Minutes Page 31 2007-601 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Amend Resolution No. 2007-567 RESOLVED that the Town Board of the Town of South old hereby rescinds Resolution No. 2007-567 and reinstates the Fire SUDDression System to the Animal Shelter Contract "C" with W"M Plumbin\!: & "eatin\!:, Inc.. at a cost of $70.970.00. thereby restorin\!: the total contract Drice with W"M Plumbin\!: & "eatin\!:. Inc. to the awarded bid Drice of $343.939.00, in accordance with the approval ofthe Town Attorney. ,/ Vote Record - Resolution RES-2007-60l yes/Aye NolNay Abstain Absent 1<1 Adopted Albert Krupski, Jr. Voter 0 1<1 0 0 0 Adopted as Amended William P. Edwards lnitiator 1<1 0 0 0 0 Defeated Daniel C. Ross Voter 1<1 0 0 0 0 Tabled Thomas H. Wickham Seconder 1<1 0 0 0 0 Withdrawn Louisa P. Evans Voter 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2007-602 CATEGORY: DEPARTMENT: Seqra Town Attorney SEQRAfor WAter Map WHEREAS, the Town Board of the Town of Southold has proposed amendments to the Town Water Supply Plan Map for the purpose of establishing the distribution of water via water mains installed by the Suffolk County Water Authority; and WHEREAS, the Town Board has proposed to undertake the action itself and is therefore assuming lead agency status; and WHEREAS the proposed amendments to the Town Water Supply Plan Map (prepared 2006) will not result in a significant environmental impact to the Town as evidenced in the contents ofthe Environmental Assessment prepared for the Town Board by Nelson Pope & Voorhis; and it is hereby July 3, 2007 Southold Town Board Meeting Minutes Page 32 RESOLVED, that the Town Board of the Town of Southold, as lead agency, has determined that the adoption of the Southold Water Supply Plan Map of 2006, is an Unlisted action and will not have a significant impact on the environment, and be it further RESOLVED that the Town Board of the Town of Southold hereby adopts the Negative Declaration (dated June 19,2007) pursuant to SEQRA Rules and Regulations for the proposed adoption of the Water Supply Plan Map of2006. '" Vote Record - Resolution RES-2007-602 Yes/Aye NolNay Abstain Absent 6'1 Adopted Albert Krupski Jr. Voter 0 6'1 0 0 0 Adopted as Amended William P. Edwards Voter 6'1 0 0 0 0 Defeated Daniel C. Ross Initiator 6'1 0 0 0 0 Tabled Thomas H. Wickham Seconder 6'1 0 0 0 0 Withdrawn Louisa P. Evans Voter 6'1 0 0 0 Scott Russell Voter 6'1 0 0 0 2007-603 CATEGORY: DEPARTMENT: Planning Town Attorney Adopt Water Map WHEREAS the Town Board of the Town of South old adopted a Water Supply Plan Map in June 2000 to show areas of existing and proposed water mains. The map was developed in cooperation with the Suffolk County Water Authority and Suffolk County Department of Health Services and pursuant to the Town's Water Supply Management & Watershed Protection Strategy; and WHEREAS the Town's Water Supply Management and Watershed Protection Strategy and the SCW A Five Year Water Supply Plan for the Town of Southold (2003) recognized that the Town has a limited groundwater resource which must be used prudently in order to avoid water supply issues; and WHEREAS the Town has developed a basic policy in cooperation with the SCW A to provide access to public water to existing residents, particularly those in need of suitable drinking water supply; and WHEREAS the Town Board is interested in guiding the limited public water infrastructure to areas where development is desired, pursuant to the Town's comprehensive planning initiatives; and WHEREAS in 2006 the Town Board decided to formally amend the Water Supply Map to reflect the physical changes in the water supply network since 2000, and also to set policy for July 3, 2007 Southold Town Board Meeting Minutes Page 33 future growth in response to changing water supply needs and increased growth trends in the Town; and WHEREAS after several meetings with the SCW A and after consultation with the SCDHS, the Town Board retained Nelson Pope & Voorhis to review the map and the Water Supply Management & Watershed Protection Strategy; and it is therefore RESOLVED that, for these reasons, and those set forth in the Environmental Assessment updated June 27, 2007 and the Water Supply Management & Water Protection Strategy dated June 2000, the Town Board adopts the map entitled "Southold Water Supply Plan Map" dated June 1,2006. ./ Vote Record - Resolution RE8-2007-603 Yes/Aye ~()lNllY Abstain Absent 6'1 Adopted A1~~r:t~ftlP~~i}r. Voter 0 6'1 0 0 0 Adopted as Amended William P. Edwards 'Voter 6'1 0 0 0 0 Defeated Daniel C. Ross Voter 6'1 0 0 0 0 Tabled Thomas H. Wickham Seconder 6'1 0 0 0 0 Withdrawn Louisa P. Evans Initiator 6'1 0 0 Scott Russell Voter Ii1 0 0 0 2007-604 CATEGORY: DEPARTMENT: Seqra Land Preservation Pfeifle - SEQRA WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on a certain parcel of property owned by Richard P. Pfeifle and Carlin A. Pfeifle 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 #1000-97-4-19. The address is 825 Leslie Road, Cutchogue, New York, and is located on the northerly side of Leslie Road, approximately 794 feet northeasterly from the intersection of Bay Avenue (Skunk Lane) and Leslie Road in Cutchogue in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 9.701 acres (subject to survey) of the 11.601 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 owners. 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. This acquisition may be eligible for partial reimbursement of the purchase price from an awarded federal grant; 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 July 3, 2007 Southold Town Board Meeting Minutes Page 34 RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted; and, 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 RES-2007-604 yes/Aye NolNay Abstain Absent Ii!! Adopted Albert Krupski J,r. Voter 0 0 Ii!! 0 0 Adopted as Amended William P. Edwards Voter Ii!! 0 0 0 0 Defeated Daniel C. Ross Voter Ii!! 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii!! 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii!! 0 0 0 Scott Russell Voter Ii!! 0 0 0 2007-605 CATEGORY: DEPARTMENT: Property Acquisition Purchase Land Preservation Pfeifle - 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 Richard P. Pfeifle and Carlin A. Pfeifle on the 3rd day of July, 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 #1000-97-4-19. The address is 825 Leslie Road, Cutchogue, New York, and is located on the northerly side of Leslie Road, approximately 794 feet northeasterly from the intersection of Bay Avenue (Skunk Lane) and Leslie Road in Cutchogue in the A-C zoning district; and WHEREAS, the development rights easement comprises a part of the property of approximately 9.701 acres (subject to survey) of the 11.601 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 owners; 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. This acquisition may be eligible for partial reimbursement of the purchase price from an awarded federal grant; and July 3, 2007 Southold Town Board Meeting Minutes Page 35 WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural values; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (L WRP) and the L WRP Coordinator has recommended that this action is consistent with the L WRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now, therefore, be it RESOLVED that the Town Board of the Town of South old hereby elects to purchase a development rights easement on agricultural land owned by Richard P. Pfeifle and Carlin A. Pfeifle pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Code ofthe Town of South old. Said property is identified as part ofSCTM #1000-97-4-19. The address is 825 Leslie Road, Cutchogue, New York, and is located on the northerly side of Leslie Road, approximately 794 feet northeasterly from the intersection of Bay Avenue (Skunk Lane) and Leslie Road in Cutchogue in the A-C zoning district. The development rights easement comprises a part ofthe property of approximately 9.7'"'- acres (subject to survey) of the 11.6'"'- 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 owners. 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. This acquisition may be eligible for partial reimbursement of the purchase price from an awarded federal grant. 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 LWRP. ./ Vote Record - Resolution RES-2007-605 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter 0 0 Ii'! 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Seconder 0 0 0 Scott Russell Voter Ii'! 0 0 0 July 3, 2007 Southold Town Board Meeting Minutes Page 36 2007-606 CATEGORY: DEPARTMENT: Seqra Land Preservation Stackler - SEQRA WHEREAS, the Town Board of the Town of Southold wishes to purchase fee title to certain properties owned by Stackler and others pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Code of the Town of Southold. Said properties are identified as SCTM #1000-53-1-18, #1000-47-2-33, #1000-47-2- 34, #1000-45-5-7.1 and #1000-45-5-7.2. The total area of the properties is 38.2"= acres. The addresses of the properties are respectively 1653, 1650, 2075, 1650 Shore Drive and no # Silvermere Road in Greenport. The properties are located within the R-40 and R-80 zoning districts. The Stackler properties begin approximately 569 feet south of Route 25, along the westerly side of Shore Drive where Shore Drive intersects with lands of Long Island Rail Road and are bordered on the east by Shore Drive, south by Pipes Cove, west by Pipes Neck Creek, and north by land of LIRR. The proposed acquisition is for the Town to acquire fee title to the entire 38.2"= acres known as the Stackler Property for passive open space purposes. The exact area of the purchase is subject to a Town provided survey. The purchase price for the entire 38.2"= acre property is $4,500,000 (four million five hundred thousand dollars) plus acquisition costs. The purchase will be funded by the Community Preservation Fund, a $325,000 (three hundred twenty-five thousand dollar) donation from The Nature Conservancy, and the Town may also be eligible for grant funding from The National Oceanic & Atmospheric Administration, Coastal Estuarine Land Conservation Program; 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.; and, be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, 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, be it further RESOLVED that the Town Board of the Town of South old hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that a copy ofthis Resolution shall be mailed by the Town Clerk to the following: Randall Parsons, Conservation Finance and Policy Advisor The Nature Conservancy P.O. Box 5125 East Hampton, NY 11937 July 3, 2007 Southold Town Board Meeting Minutes Page 37 Elisabeth Morgan NOAA/OCRWCoastal Programs 1305 East-West Highway (N/ORM3) Station 11205 Silver Spring, MD 20910 Dennis Mildner Andrew Labruzzo NY Department of State Division of Coastal Resources 41 State Street Albany, NY 12231 Mark Copeland Office of Representative Tim Bishop 225 Cannon HOB Washington D.C. 20515 ./ Vote Record - Resolution RES-ZOO7..(i06 Yes/Aye NolNay Abstain Absent 0 Adopted Albert Krupski Jr. Initiator 0 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Voter 0 0 0 0 0 Withdrawn Louisa P. Evans Seconder 0 0 0 0 Scott Russell Voter 0 0 0 0 2007-607 CATEGORY: DEPARTMENT: Property Acquisition Purchase Land Preservation Stackler - Elect to Purchase WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of fee title to certain properties owned by Stackler and others pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Code of the Town of Southold. Said properties are identified as SCTM #1000-53-1- 18, #1000-47-2-33, #1000-47-2-34, #1000-45-5-7.1 and #1000-45-5-7.2. The total area of the properties is 38.2" acres. The addresses of the properties are respectively 1653, 1650, 2075, 1650 Shore Drive and no # Silvermere Road in Greenport. The properties are located within the R-40 and R-80 zoning districts. The Stackler properties begin approximately 569 feet south of Route 25, along the westerly side of Shore Drive where Shore Drive intersects with lands of Long Island Rail Road and are bordered on the east by Shore Drive, south by Pipes Cove, west by Pipes Neck Creek, and north by land ofLIRR; and WHEREAS, the proposed acquisition is for the Town to acquire fee title to the entire 38.2" acres known as the Stackler Property for passive open space purposes. The exact area of the purchase July 3, 2007 Southold Town Board Meeting Minutes Page 38 is subject to a Town provided survey. The purchase price for the entire 38.2010 acre property is $4,500,000 (four million five hundred thousand dollars) plus acquisition costs. The purchase will be funded by the Community Preservation Fund, a $325,000 (three hundred twenty-five thousand dollar) donation from The Nature Conservancy, and the Town may also be eligible for grant funding from The National Oceanic & Atmospheric Administration, Coastal Estuarine Land Conservation Program; and WHEREAS, the Stackler properties contain the existing road known as Shore Drive. Shore Drive provides access to existing residential dwellings. Once the acquisition is completed, the Town will own the road for purposes of access to the Town-owned open space. The existing residential dwellings will retain legal access over Shore Drive; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space, park, nature preserve and passive recreational purposes, fresh and saltwater marsh and wetland protection, and the preservation of undeveloped beachland and shoreline. Proposed uses of the property may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes. The Nature Conservancy will be working in partnership with the Town to prepare a Pipes Cove/Arshamomaque Park Stewardship and Management Plan for preserved properties within the Pipes Cove area; and WHEREAS, as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator has estimated that 11010 Sanitary Flow Credits may be available for transfer from the properties upon the Town's purchase of the properties. The transfer of the Sanitary Flow Credits into the TDR Bank will not be finalized, and shall not occur, until the Town closes on the properties, and the Town Board passes a resolution allowing the transfer in the Town TDR Bank; and WHEREAS, the purchase of fee title to these properties for open space purposes is in conformance with the provision of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) ofthe Town Code of the Town of Southold; and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (L WRP) and the L WRP Coordinator has recommended that this action is consistent with the L WRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire fee title to this open space acquisition; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase fee title on these properties; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase fee title to certain properties owned by Stackler and others pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Code of the Town of July 3, 2007 Southold Town Board Meeting Minutes Page 39 Southold. Said properties are identified as SCTM #1000-53-1-18, #1000-47-2-33, #1000-47-2- 34, #1000-45-5-7.1 and #1000-45-5-7.2. The total area of the properties is 38.2010 acres. The addresses of the properties are respectively 1653, 1650, 2075, 1650 Shore Drive and no # Silvermere Road in Greenport. The properties are located within the R-40 and R-80 zoning districts. The Stackler properties begin approximately 569 feet south of Route 25, along the westerly side of Shore Drive where Shore Drive intersects with lands of Long Island Rail Road and are bordered on the east by Shore Drive, south by Pipes Cove, west by Pipes Neck Creek, and north by land of LIRR. The proposed acquisition is for the Town to acquire fee title to the entire 38.2010 acres known as the Stackler Property for passive open space purposes. The exact area of the purchase is subject to a Town provided survey. The purchase price for the entire 38.2010 acre property is $4,500,000 (four million five hundred thousand dollars) plus acquisition costs. The purchase will be funded by the Community Preservation Fund, a $325,000 (three hundred twenty-five thousand dollar) donation from The Nature Conservancy, and the Town may also be eligible for grant funding from The National Oceanic & Atmospheric Administration, Coastal Estuarine Land Conservation Program. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space, park, nature preserve and passive recreational purposes, fresh and saltwater marsh and wetland protection, and the preservation of undeveloped beachland and shoreline. Proposed uses of the property may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes. The Nature Conservancy will be working in partnership with the Town to prepare a Pipes Cove/Arshamomaque Park Stewardship and Management Plan for preserved properties within the Pipes Cove area. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator has estimated that 1 H Sanitary Flow Credits may be available for transfer from the properties upon the Town's purchase of the properties. The transfer of the Sanitary Flow Credits into the TDR Bank will not be finalized, and shall not occur, until the Town closes on the properties, and the Town Board passes a resolution allowing the transfer in the Town TDR Bank. The purchase of fee title to these properties for open space purposes is in conformance with the provision of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) 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 Local Waterfront Revitalization Program (L WRP) and the L WRP Coordinator has recommended that this action is consistent with the L WRP; and, be it further RESOLVED that a copy of this Resolution shall be mailed by the Town Clerk to the following: Randall Parsons, Conservation Finance and Policy Advisor The Nature Conservancy P.O. Box 5125 East Hampton, NY 11937 Elisabeth Morgan NOAA/OCRM/Coastal Programs 1305 East-West Highway (N/ORM3) Station 11205 July 3, 2007 Southold Town Board Meeting Minutes Page 40 Silver Spring, MD 20910 Dennis Mildner Andrew Labruzzo NY Department of State Division of Coastal Resources 41 State Street Albany, NY 12231 Mark Copeland Office of Representative Tim Bishop 225 Cannon HOB Washington D.C. 20515 ./ Vote Record - Resolution RES-2007-607 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards . Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 VI. Public Hearinl!:s 1. Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a oublic hearinl!:. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell 2. Pfeifle - Set Public Hearing Dey Rights Easement COMMENTS - Current Meeting: COUNCILMAN WICKHAM: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of South old hereby sets Tuesday. July 3. 2007. at 4:35 o.m.. Southold Town Hall. 53095 Main Road. Southold. New York as the time and olace for a oublic hearinl!: for the ourchase of a deyelooment ril!:hts easement on orooertv owned by Richard P. Pfeifle and Carlin A. Pfeifle. Said property is identified as part of SCTM # I 000-97- 4-19. The address is 825 Leslie Road, Cutchogue, New York. The property is located on the northerly side of Leslie Road, approximately 794 feet northeasterly from the intersection of Bay Avenue (Skunk Lane) and Leslie Road in Cutchogue in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property consisting of July 3, 2007 Southold Town Board Meeting Minutes Page 41 approximately 9.8", acres of the 11.6", acre parcel. The exact area of the purchase is subject to a 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. This acquisition may be eligible for partial reimbursement of the purchase price from an awarded federal grant. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel ofland is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have an affidavit that it has appeared on the Town Clerk's bulletin board outside, it has appeared as a legal in the local newspaper. Attached to this is an environmental form, the short environmental form for unlisted actions. And those are the only documents in the file. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this public hearing? MELISSA SPIRO: Hi, good evening. Melissa Spiro, Land Preservation Coordinator. This is one of those pieces of farmland that when it comes before the Land Preservation Committee, we don't have to really give it too much thought. It is an active farm, it is planted in vineyard. It is a little on the smaller side, the easement that is offered to us is less than 10 acres but if you look at the map all the property, for those of you who can see the map, all the property to the east, the three large farmlands are already preserved through either Town or County development rights. So the Land Preservation Committee knew right away that this was a property that we wished to proceed with the development rights. Mr. Pfeifle has been a pleasure to work with and we are hoping to move this process quickly. He is leaving out about two acres around his existing house and existing barn. The development rights will be sold on all of what is in the current agriculture in a vineyard. We are hoping to be able to get federal funding although I am not sure that the timing and the criteria will all work out but we are trying to do that and as usual, we have to thank the landowner. Can't do it without the landowners. This is a great acquisition and we hope to close on this within a month or two, if not sooner. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board on this acquisition? (No response) Can I get a motion to close the hearing? RESULT: CLOSED [UNANIMOUS) MOVER: Albert Krupski Jr., Councilman SECONDER: Daniel C. Ross, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell 3. Stackler - Set Public Hearing July 3, 2007 Southold Town Board Meeting Minutes Page 42 COMMENTS - Current Meeting: COUNCILMAN WICKHAM: RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of South old hereby sets Tuesday. July 3. 2007. at 4:37 p.m.. Southold Town Hall. 53095 Main Road. Southold. New York as the time and place for a public hearinl!: for the purchase of properties owned by Stackler and others. or the successors thereto. Said properties are identified as SCTM #1000-53-1-18, #1000-47-2-33, #1000-47-2-34, #1000-45-5-7.1 and #1000-45-5-7.2. The total area ofthe properties is 38.2"= acres. The addresses of the properties are respectively 1653, 1650,2075, 1650 Shore Drive and no # Silvermere Road in Greenport. The properties are located within the R-40 and R-80 zoning districts. The Stackler properties begin approximately 569 feet south of Route 25, along the westerly side of Shore Drive where Shore Drive intersects with lands of Long Island Rail Road and are bordered on the east by Shore Drive, south by Pipes Cove, west by Pipes Neck Creek, and north by land of LIRR. The proposed acquisition is for the Town to acquire fee title to the entire 38.2:t acres known as the Stackler Property for open space purposes. The exact area of the purchase is subject to a Town provided survey. The purchase price for the entire 38.2:t acre property is $4,500,000 (four million five hundred thousand dollars) and the purchase will be funded by the Community Preservation Fund, and a $325,000 (three hundred twenty-five thousand dollar) donation from The Nature Conservancy. The Town may also be eligible for grant funding from The National Oceanic & Atmospheric Administration, Coastal Estuarine Land Conservation Program. The Stackler properties contain the existing road known as Shore Drive. Shore Drive provides access to existing residential dwellings. Once the acquisition is completed, the Town will own the road for purposes of access to the Town-owned open space. The existing residential dwellings will retain legal access over Shore Drive. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space, park, nature preserve and passive recreational purposes, fresh and saltwater marsh and wetland protection, and the preservation of undeveloped beachland and shoreline. Proposed uses of the property may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes. The Nature Conservancy will be working in partnership with the Town to prepare a Pipes Covel Arshamomaque Park Stewardship and Management Plan for preserved properties within the Pipes Cove area. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of South old, Section 117-5, the Land Preservation Coordinator has estimated that 11"= Sanitary Flow Credits may be available for transfer from the properties upon the Town's purchase of the properties. The transfer of the Sanitary Flow Credits into the Town TOR Bank will not be finalized, and shall not occur, until the Town closes on the properties, and the Town Board passes a resolution allowing the transfer in the Town TOR Bank. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned July 3, 2007 Southold Town Board Meeting Minutes Page 43 parcel ofland is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have a memo from Mark Terry, the L WRP coordinator. "The proposed action has been reviewed according to L WRP policy standards. The action involves the purchase of 38.2 acres of land for open space etc. Based upon the information provided on the consistency form assessment form submitted to this department, the proposed action is consistent with the policy standards of L WRP and therefore is consistent with the L WRP." It has appeared as a legal in the local newspaper and I have an affidavit that it appeared as a legal also on the Town Clerk's bulletin board outside. That is all. SUPERVISOR RUSSELL: Would anybody like to come up before the Town Board and comment on this acquisition? MELISSA SPIRO: Melissa Spiro, Land Preservation Coordinator. I would just give a little bit of background. Several years ago, the Town Board created what we are calling the Pipes Cove focus area. There is an area of land, it goes all the way from County Route 48 really almost from the Sound down to Pipes Neck Creek and it is the Pipes Cove area. It is quite, maybe Randy can point that out, and the Town Board, like I said, several years ago created this focus area and in doing so, we wanted to reach out to all the landowners in there to try to preserve that land. We hired the Nature Conservancy through a contract with the Town, funded through our community preservation fund, to have the Nature Conservancy go out, contact the landowners and bring perspective and potential projects to the Town and to the Town Land Preservation Committee and Town Board for us to work on that. The Nature Conservancy has been hard at work doing that over the years, we have purchased several large holdings and also some small holdings in that area. The county also has been partnering with us on some purchases in that area. The Stackler property is really one of the cornerstones or keystone pieces in this puzzle. It fronts on Pipes Neck Creek and also Pipes Cove. It is just a very environmentally sensitive and very important parcel in this whole focus area. Having said all that, I would like to turn it over to Randy Parsons from the Nature Conservancy to give you some more background about the particular project. Randy has been instrumental in helping us in this area. He and the Nature Conservancy have been able to get us some grant funding, quite a bit of it, and he will talk to that. And also the Nature Conservancy on its own has through private donations, donated funding towards this project and also to a project that we purchased quite a few years ago, the Reese property. RANDY PARSONS: Thank you. Greetings everybody. I wrote a letter, it is probably easier if! read it. It is pretty short and it repeats a lot of what Melissa said. The story of this property really begins some 20,000 years ago at the end of the last ice age. COUNCILMAN KRUPSKI: You said it was short, right? MR. PARSONS: And the retreat of the glaciers from the eastern Long Island. At that time the soils and terrain of Long Island were formed, as you know, including those of the Stackler July 3, 2007 Southold Town Board Meeting Minutes Page 44 properties. According to the US Department of Agricultural soil survey of Suffolk County, the Stackler property is about 58 percent within an area of Canadis silt loam, a very unusual soil classification in Suffolk County which occurs almost entirely north and west of Greenport in a nearly continuous area of about 450 acres. This soil type provided an excellent source of clay for making bricks. And there is evidence of this former resource space land use just west of Pipes Cove, where Brickyard Road and Sage Street still exist. The remaining 50 percent or so of the Stackler property is made up of prime agricultural soils, tidal marsh and beaches. Environmentally, this site is part of the watershed of the Peconic Estuary. It makes up much of the eastern shore of Pipes Neck Creek, where the fresh water's draining south from Moores Woods flow into the tidal waters of Pipes Cove. And the large tidal marsh there helps purify the water, creating a unique habitat for rare plants and animals and is part of a panoramic, scenic view of a healthy coastal eco-system. Many of the same attributes which make this site valuable from an environmental perspective also make it attractive for vacation and second home developments. On June 29, 1950, well before zoning existed in the Town of Southold, the map of Greenport shores section one was recorded in the Suffolk County Clerk's office. This old filed map divided the 38 acre property we come here today to consider acquiring, into 50 lots with over 3,200 linear feet of roads. And while most of this subdivision remains unbuilt; a road, water main and utilities are in place to support future development. Today, the Town, the Nature Conservancy, the County, the State and the federal government have all recognized Pipes Cove and the Stackler property to be of the highest environmental priority for the future health of the Peconic Estuary, the plants and animals that rely on the Peconic Estuary for survival and as a public resource for recreation and scenic enjoyment. The Stackler property was just ranked number 5 nationally among applicants for federal matching funds for acquisition to protect the coast and estuarine lands. With the New York State Department of State, Congressman Bishop and Senator Schumer, with their continued support we are hopeful that the funding will be put in place to provide the Town with a $2,125,000 matching grant towards this purchase. We should have more word on that sometime in the fall but the fact that this property ranked number 5 nationally certainly makes it within reach for the amount of funding Congress is considering for this year. And though it has taken nearly four years of work by the Town Preservation Department, the Town CPF Committee, the Town Board and the Nature Conservancy to reach an agreement with the two families and multiple individuals from several states, who own this land, we now have a contract signed by all the owners, ready for execution by the Town Supervisor once he has received the authority from the Town Board. With a certain $325,000 grant from the Nature Conservancy, a possible $2,125,000 grant federal grant in the wings and the approval of this Board after the close of this hearing, the most important piece of open space remaining in Pipes Cove can be put into public ownership. This acquisition effort would not be this far along without the continued support of this Board. You now have the power to finish the job. I urge you to use it. Thank you for the opportunity to address the Board and assist the Town with this project. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board on this acquisition? UNIDENTIFIED: We live along Shore Drive and Smith Road, there are so many animals, there are so many, my daughter takes my grandson through there. It is a beautiful, quiet place. July 3, 2007 Southold Town Board Meeting Minutes Page 45 (Inaudible) a copy of that map where the Town has it all built up with roads and homes and traffic.. .. SUPERVISOR RUSSELL: That is the old, proposed subdivision map that was done back in the 50's. Yeah. UNIDENTIFIED: Yeah. SUPERVISOR RUSSELL: Back in the days when you could create 50 foot wide lots. UNIDENTIFIED: Yeah. We have lived there for over 40 years and I have to say, coming up from New York, we have seen so many farms turned into subdivisions that when we make that turn onto Shore Drive, it is as it was 40 years ago. There is one new house, I believe, right? One new house in 40 years. And so we certainly, we support this. We are so happy (inaudible). SUPERVISOR RUSSELL: I hate to put you on the spot. Can you just let us know your name for the record? BARBARA DAI: Oh, it is Barbara Dai. And Marie Scheck. SUPERVISOR RUSSELL: Would anybody else like to comment? (No response) Close the meeting. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Closine Statements SUPERVISOR RUSSELL: Okay. That concludes the business on the agenda. Would anybody like to come before the Town Board to discuss any issue of mutual interest? Nick? NICHOLAS TSOUNIS: Nicholas Tsounis, Daisy Road, Mattituck, New York. I just want to wish everyone on the Town Board a good 4th of July. SUPERVISOR RUSSELL: Thank you, Nick. Anybody else? MS. EGAN: Joan Egan, East Marion. Did your family get home safely? SUPERVISOR RUSSELL: Yes. Just the other night. Thank you for asking. MS. EGAN: Good. Does anybody know whether court will be in session this Friday? You know, with holidays sometimes they are not. Is it in session, Judge Evans? JUSTICE EVANS: I don't know. July 3, 2007 Southold Town Board Meeting Minutes Page 46 MS. EGAN: You should. SUPERVISOR RUSSELL: I think it is. MS. EGAN: Good. Okay, now, urn, you know with what happened over in England and Scotland, again I say, you know, if you see something, speak up about it. Tell whatever authority that you want. Come to Town Hall, police, Southold police. New York State police. Don't ignore it. Don't ignore it. With summer here and children running around and people leaving them with babysitters, we have all heard about that. Remember the Child Protection Agency. It is all in the back of your telephone book. And kindly please out there, remember to stay off of those cell phones when you are driving. I have my own little campaign going and I am doing quite well. Oh, let me ask this, I don't see them anymore. Is it required to get a permit for a yard sale anymore? SUPERVISOR RUSSELL: In Southold Town? Yes, it is. MS. EGAN: Is anybody doing it? SUPERVISOR RUSSELL: Getting yard sales? I see them on line every Friday, getting permits. I don't have a specific dollar amount but I am sure that Betty or Linda can give you a dollar amount as to how much we have taken in this year. MS. EGAN: Okay, thank you. With the fireworks, please be careful. You should have a permit for those. That or a license, that is for sure. Thank you. COUNCILMAN WICKHAM: I would like to express appreciation to the Nature Conservancy for a $325,000 grant towards the Town's preservation program. I think that is very important and I hope a harbinger of more to accompany it. Thank you. SUPERVISOR RUSSELL: Yes, I believe I read about this acquisition in a magazine of national circulation. So this is apparently a very, very large acquisition over a lot of years. So congratulations to you, Melissa and everybody else that has put this together. Would anybody else like to comment? (No response) Motion to close? 4. Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOL YED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:26 P.M. . . . . . ~u-9 ~ Linda J. Cooper Southold Deputy Town Clerk RESULT: ADOPTED [6 TO 0] July 3, 2007 Southold Town Board Meeting Minutes Page 47 MOVER: Albert Krupski Jr., Councilman SECONDER: William P. Edwards, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell