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Home My WebLink AboutTB-07/31/2007 ELIZABETH A. NEVILLE TOWN CLERK Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown .northfork.net REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES July 31, 2007 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, July 31, 2007 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 7:30 PM with the Pledge of Allegiance to the Flag. I. Reports 1. Recreation Department June 2007 2. Budget June 30, 2007 3. Island Group Claim Lag Report 7/1/07 - 6/30/07 Claims 4. Board of Town Trustees June 2007 II. Public Notices 1. NYS DEC Notice of Complete Application US Dept of Homeland Security - Dredge Plum Gut Harbor, Plum Island Dock/Ferry Harbor 2. Board of Appeals June 2007 3. Renewal ofNYS Liquor Licenses Michelangelo Restaurant & Pizzeria, 10095 Route 25, Mattituck July 31, 2007 Southold Town Board Meeting Minutes Page 2 Agia Varvara Inc. d/b/a Delicious, 24375 Rt 25, Orient Pepi's - Cherry Way Restaurant, 400 Old Main Dr., Southold American Legion Post 1045, Crescent Ave., Fishers Island Laurel Lake Vineyards, 3165 Main Rd., Laurel Farmer Bar, 4805 Depot Ln., Cutchogue 4. NYSOGS Notice of Application Grebe, Jr., Alfred 5. Draft Peconic Estuary Nitrogen Total Maximun Daily Load Info Mtg: August 2, 2007 at I pm, Cornell Cooperative Extension Education Center, I st Floor Conference Rm 423 Griffing Ave., Suite 100 Riverhead NY III. Communications IV. Discussion 1. 9:00 Am - Chapter 275 - Wetland Code Trustees Revisions to be considered for public hearing 2. Cell Tower Moratorium Potential Wavier issues, Plan, task force, appointments Councilman Edwards 3. Sign Code Permitted Uses Councilman Edwards 4. 10:00 Am - Dredging Committee Eugene Berger, Rob Lehnert 5. Local Law No Parking - Greenport 6. Mooring & Anchoring In Town Creeks 7. Local Law Peddlers, Solicitors & Transient Retail Merchants July 31, 2007 Southold Town Board Meeting Minutes Page 3 8. Ethics Vacancies & Code Description 9. Sewer System Study In Mattituck Supervisor Russell 10. Agricultural Planned Development District 11. 12:30 P.M. - Executive Session - Property Acquisition Melissa Spiro, and LPC 12. Executive Session - Personnel 13. Helicopter Noise Nuisance Councilman Edwards ODenine Statements SUPERVISOR RUSSELL: Please rise and join me in the Pledge of Allegiance to the Flag. Would anybody like to come up to address the Town Board on any item as it appears on the agenda? Mrs. Egan? Mr. Carlin is keeping his powder dry, so to speak. JOAN EGAN: Is the air conditioner working yet? SUPERVISOR RUSSELL: Barely. MS. EGAN: Barely. Great. Joan Egan, East Marion. And I guess it would be rather stupid to even talk about the weather, huh? Now, I did want to ask you on renewal of liquor license. What is this Agia Varvara or whatever it is in Orient? What is that? SUPERVISOR RUSSELL: Oh, urn... MS. EGAN: What place is that? SUPERVISOR RUSSELL: That is.... COUNCILMAN KRUPSKI: It says it is delicious. SUPERVISOR RUSSELL: Yeah, dba as Delicious, 24375 Route 25, Orient. MS. EGAN: What is it? SUPERVISOR RUSSELL: That is a good question. MS. EGAN: Anybody? SUPERVISOR RUSSELL: That is a good question. July 31, 2007 Southold Town Board Meeting Minutes Page 4 MS. EGAN: You voted on it. COUNCILMAN EDWARDS: No, we did not. SUPERVISOR RUSSELL: It is a renewal. MS. EGAN: To what? COUNCILMAN EDWARDS: We do not vote on that. MS. EGAN: What kind of place is it? We don't have any bars down, we have, you know, the restaurant. You don't know? SUPERVISOR RUSSELL: Is there, I mean, the liquor license doesn't necessarily mean liquor. It could be beer, wine license. I don't know what they applied for. This is just posted for notification purposes. We don't vote on these renewals. This is.... MS. EGAN: But you should know about them. TOWN CLERK NEVILLE: 24375 Route 25. SUPERVISOR RUSSELL: Yeah. Is that the Snack Bar? Do they have beer and wine. INAUDIBLE SUPERVISOR RUSSELL: Okay. That would be for selling beer at the service station. MS. EGAN: Alright. 643, that, Mr. Ross was only there for a very short time. The appointment obviously wasn't done properly, that he is resigning so quickly. SUPERVISOR RUSSELL: 1 am sorry, can you just give me the resolution number again? MS. EGAN: 643. COUNCILMAN WICKHAM: Mr. Ross is seriously ill. MS. EGAN: Oh, okay. COUNCILMAN EDWARDS: And he was on the Ethics Board for many years. SUPERVISOR RUSSELL: Yes, Mr. Ross is probably one ofthe....I don't know, COUNCILMAN WICKHAM: Original. July 31, 2007 Southold Town Board Meeting Minutes Page 5 SUPERVISOR RUSSELL: Founders of our ethics law in Southold Town. A long time member of this community and service to Town government. MS. EGAN: Oh. Well, the name was not familiar. Now, item 644, are we adding a new dispatcher, are we getting rid of one? SUPERVISOR RUSSELL: We, one was hired during the, I think we hired four new dispatchers last year. One has left employ. This will be to fill that vacancy. MS. EGAN: Oh, okay. Well, I am just going to mention 645, about the Town Historian and people really should take advantage of what our historian has done and enjoy what we have before it is taken away from us. Oh, now on item 650, these, the North Fork Learning Center and Robert Perry Child Daycare and what have you, do any of those students who go to those learning centers pay any tuition at all or is it all a freebie? SUPERVISOR RUSSELL: I don't know. My suspicion is that it is a sliding scale but I can't speak to a... TOWN ATTORNEY FINNEGAN: I know people do pay tuition. MS. EGAN: It is free? TOWN ATTORNEY FINNEGAN: I know several people that pay tuition. MS. EGAN: Oh, they do. TOWN ATTORNEY FINNEGAN: I don't know if everyone does. MS. EGAN: But maybe it is on a scale of what you can afford. Okay. Well, I think item 651 deserves a big credit for the Mattituck Fire Department and god bless them all. They are celebrating their one hundredth. Oh, what happened on item 654? That wasn't on the one I had earlier. SUPERVISOR RUSSELL: That is a grievance that was filed at a time about a year or two ago that we had to shut down part of Town government services because the boiler stopped working and sometime after that because there was a regional blackout and so this is an agreement to settle, I am sorry, it was an arbitrator's decision to settle that grievance favorably on behalf ofthe Town. MS. EGAN: Well, what was the grievance? What was the... SUPERVISOR RUSSELL: Some workers that got to go home, the workers that had to stay in other departments filed a grievance that they wanted commensurate time off. MS. EGAN: Oh, okay. July 31, 2007 Southold Town Board Meeting Minutes Page 6 SUPERVISOR RUSSELL: If part of Town government gets to go home early, the other part of Town government has to stay, wants to see some fair remuneration. MS. EGAN: Oh, okay. So it was arbitrated properly and concluded. Good. Well, part of this was explained to me earlier, 655, a local law in relation to an Agriculture Planned Development District. And what does that all mean? SUPERVISOR RUSSELL: I am going to pass the buck, so to speak, to Councilman William Edwards who was the architect of this legislation. MS. EGAN: Oh, god. COUNCILMAN KRUPSKI: No, it is Bill. COUNCILMAN EDWARDS: Yes, the answer to your question, we had a hearing on this legislation in April and it is an innovative new way of preserving particularly agricultural lands in the town that was based on a suggestion by Councilman Krupski when he first took office. Many people have worked very hard on this legislation because we made some what the Town Attorney defined as substantive changes and we agreed that they were substantive. We are submitting it for its second hearing and the resolution tonight is to put it on for the second hearing. Rather than take up the whole time of this meeting, I would be glad to take you through the primary details after the meeting. MS. EGAN: Uh huh. Well, it is too bad that you didn't get onto that for the cauliflower people, huh? COUNCILMAN EDWARDS: I know nothing about the cauliflower people. MS. EGAN: You don't know anything about the cauliflower people? COUNCILMAN EDWARDS: Only what I read in the papers. SUPERVISOR RUSSELL: This is a vehicle for land preservation. It is just an opportunity to allow farmers to sell development rights incrementally and at the same time, assures the Town's fundamental goals of preservation and critical mass. MS. EGAN: Oh, item 661. Now I think I have a better picture of this dredging situation, say if! need to be corrected but as I get the picture, it would seem that Suffolk County is kind of doing us in. In other words, they have allocated most of their funds for up island as opposed to helping the five towns out here with cost of dredging. Now that is bad. And I don't know where it is going to go because all of the Town's, with the terrible storms we had this winter, took quite a beating. Quite a beating, some of the channels are closed, some people's beaches are gone. Other people, like where I live, we gained more beach, which will make our taxes go up but it would seem to me that we had better be very careful with this dredging. And did you get to your Trustee people? July 31, 2007 Southold Town Board Meeting Minutes Page 7 COUNCILMAN KRUPSKI: Yes. Actually today I was fortunate enough to be anointed by the Town Board as liaison to the Dredge Committee... MS. EGAN: I know. COUNCILMAN KRUPSKI: And we will be meeting soon but it is not only the County that is one of the complicating factors, there is also federal fish and wildlife regulations that are being administered now by the Fish and Wildlife Service. MS. EGAN: I know. COUNCILMAN KRUPSKI: And that is complicating things a great deal with the Army Corps of Engineers, who also has to issue permits in order for the dredging, the maintenance dredging projects to take place. So we are trying right now, to find out what the new paperwork is, it has been very difficult to get contact people that are responsive to Southold and we are trying to work with the other east end towns. . . MS. EGAN: That is what I heard. COUNCILMAN KRUPSKI: ...and coordinate with them and with the county and with the DEC. And the DEC has been cooperative. So there is quite a few governmental agencies that we have, we are trying to coordinate all together to work on behalf of Southold Town and that is our goal. MS. EGAN: And you have also in addition to those, you have time frames, too, don't you? COUNCILMAN KRUPSKI: That is correct and the time frames have changed dramatically. Right now the window would probably be September through early January as opposed to they used to run all the way through to April, the end of April. MS. EGAN: So they have shortened the.... COUNCILMAN KRUPSKI: Considerably shortened them. So, what the problem there is, if you dredge a creek in September or October, it is going to be subject to all the winter storms and by next year, it could very well be filled in. So it is going to be an interesting, it is going to take us a while to figure this out. SUPERVISOR RUSSELL: I talked to the county executive, who assured me that the funds would be there and the resources would be there as soon as we can get the permits. MS. EGAN: Yeah. Well, now item 663 is kind of the same as the one we just spoke on, correct? SUPERVISOR RUSSELL: Yeah, that authorizes the Town to come in as a co-permitee or a co- July 31, 2007 Southold Town Board Meeting Minutes Page 8 applicant for a dredging permits. That will allow us the opportunity to shepherd some of the progress to make sure that everything is getting done, such as the environmental reports and all the attendant items that go with the applications. MS. EGAN: Good. Thank you very much. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board on any item as it appears on the agenda? COUNCILMAN KRUPSKI: Scott, if there is no one else from the audience, I am going to ask for clarification on resolution 651 and it is for the street closures for the parade. And it says here, I don't think this was on this mornings agenda, that is why I didn't see it. It says 2:00 PM till 6:00 PM, it says Route 25 will be closed from Laurel Lane to Mill Lane? For four hours on a Saturday afternoon in September. Am I reading that right? COUNCILMAN EDWARDS: That is a lot of parade. SUPERVISOR RUSSELL: Yes, this is the one hundredth anniversary. Actually, the fire department has a huge celebration that is going to incorporate fire departments from all over Long Island in the celebration of the event and yes, that is absolutely correct in terms of what that says. It is a huge day. COUNCILMAN WICKHAM: Can we hold this until next time? COUNCILMAN KRUPSKI: It seems, that seems to put everyone east of Laurel out of business on Saturday afternoon. COUNCILMAN WICKHAM: Is it essential we do this today? SUPERVISOR RUSSELL: Deadline September 8th. I think we have another meeting. COUNCILMAN ROSS: I don't think they intend to close the Main Road. COUNCILMAN KRUPSKI: That is what it says. TOWN ATTORNEY FINNEGAN: I expect they will only close it for the actual parade. COUNCILMAN ROSS: For the parade. There is an early parade and then the gathering is in the Love Lane area but I don't think they intend to close 25. But let's find out. COUNCILMAN EDWARDS: Can we clarify, yeah, because we actually have got the Town Board meeting next week on Fishers Island where we can enact it. SUPERVISOR RUSSELL: Okay. July 31, 2007 Southold Town Board Meeting Minutes Page 9 COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Okay. So we are going to pull 651. Anyone else? (No response) Let's get on with the business. V. Resolutions 2007-640 CATEGORY: DEPARTMENT: Audit Town Clerk Approve Audit Dated 7/31/07 RESOLVED that the Town Board ofthe Town of South old hereby aooroves the audit dated Julv 31. 2007. ./ Vote Record - Resolution RES-2007-640 Yes/Aye NolNay Abstain Absent Ii!! Adopted AI~~~l5:l"llps~iJr. 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 11'1 0 0 0 0 Withdmwn Louisa P. Evans Initiator 11'1 0 0 0 Scott Russell Voter 11'1 0 0 0 2007-641 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Next Meeting 8/8/07 Fishers Island RESOLVED that the Fishers Island Annual Town Board Meeting of the Southold Town Board be held, Wednesday, August 8, 2007 at Fishers Island, New York at 1:30 P. M.. ./ Vote Record ~ Resolution RES-2007-641 Yes/Ayt: No/Nay Abstain Absent 11'1 Adopted Al~ertK.f\1P~~iJ~. Voter Ii!! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii!! 0 0 0 0 Defeated Daniel C. Ross Voter 11'1 0 0 0 0 Tabled Thomas H. Wickham Seconder 11'1 0 0 0 0 Withdrawn Louisa P. Evans Initiator 11'1 0 0 0 Scott Russell Voter 11'1 0 0 0 2007-642 CATEGORY: DEPARTMENT: Employment - Town Trustees July 31, 2007 Sauthald Tawn Baard Meeting Minutes Page 10 Rescind 2007-615 RESOLVED that the Tawn Baard afthe Tawn afSauthald hereby rescinds resolution 2007- 615. adopted at the Julv 17.2007 rel!ular Town Board meetinl!. which read as follows: RESOLVED that the Tawn Baard af the Tawn af Sauthald hereby amends resalutian 2007-598 adapted at the July 3, 2007 regular Tawn Baard meeting ta read as fallaws: RESOLVED that the Tawn Baard afthe Tawn afSauthald hereby appaints the fallawing individuals ta the pasitian af part -time, seasanal Pump Out Baat aperatars far Fishers Island, under the jurisdictian afthe Sauthald Tawn Baard afTrustees, effective JlIly 7, 2907 Julv 18. 2007 thraugh Oet€leer 7, 2997, October 18.2007, at a rate af $12.00 per haur: Michael Canray Gearge Peabady Gearge Caak .;' Vote Record - Resolution RES-2007-642 Ii! Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn J\l~~r:t~T\lpski Jr. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Initiator ; S~(;()114~~ Voter Voter Voter Voter yesli\ye:I'l4l/N'ay Ii! 0 Ii! 0 Ii! 0 Ii! 0 Ii! 0 Ii! 0 Abstain o o o o o o Absent o o o o o o 2007-643 CATEGORY: DEPARTMENT: Committee Resignation Town Clerk Accepts the Resignation of Frederick A. Ross, As a Member of the Board of Ethics RESOLVED that the Tawn Baard af the Tawn af Sauthald hereby accepts. with rel!ret. the resil!nation of Frederick A. Ross. as a member of the Board of Ethics. effective)mmediately. ./ Vote Record - Resolution RES-2007-643 Yes/i\y~ NolNay Abstain Absent Ii! Adopted Albert Krupski Jr. Voter Ii! 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii! 0 0 0 0 Defeated Daniel C. Ross Voter Ii! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii! 0 0 0 Scott Russell Voter Ii! 0 0 0 July 31, 2007 Southold Town Board Meeting Minutes Page II 2007-644 CATEGORY: DEPARTMENT: Employment - Town Accounting Appoint John Helfto Public Safety Dispatcher I RESOLVED that the Town Board of the Town of South old hereby appoints John Helfto the position of a Public Safety Dispatcher I for the Southold Town Police Department, effective August 2,2007, at a rate of $41,856.02 annually. .,. Vote Record - Resolution RES-2007-644 Yes/Aye NolNay Abstain Absent 0 Adopted Albert Krupski Jr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Seconder 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 Voter 0 0 0 0 Scott Russell Voter 0 0 0 0 2007-645 CATEGORY: DEPARTMENT: Employment - Town Accounting Hire Adeline Witherspoon As Student Intern RESOLVED that the Town Board of the Town of Southold hereby appoints Adeline Witherspoon to the position of a Student Intern for the Town Historians' Office, effective August 1,2007, at a rate of $11.27 per hour. ./ Vote Record ~ Resolution RES-2007-645 Yesljl.ye NolNay Abstain Absent 0 Adopted Albert~ll.Ipslci J~. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Seconder 0 0 0 0 0 Withdrawn Louisa P. Evans Initiator 0 0 0 0 Scott Russell Voter 0 0 0 0 2007-646 CATEGORY: DEPARTMENT: Budget Modification Accounting Establish Capital Budgetfor Aerial Photos RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Project in the 2007 Capital Budget: July 31, 2007 Southold Town Board Meeting Minutes Page 12 Capital Project Name: Digital Aerial Photos Financing Method: Transfer from General Fund Whole Town Budget: Revenues: H.5031.10 Interfund Transfers $14,960 Appropriations: H.1680.2.200.100 Data Processing Capital Outlay Digital Aerial Photos $14,960 ./ Vote Record - Resolution RES-2007-646 yes/;\ye NoINliIY Abstain Absent Ii'! Adopted ,A.lbel1I<.~pski }r. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-647 CATEGORY: DEPARTMENT: Employment - Town Recreation Hire Seasonal Staff RESOLVED that the Town Board of the Town of South old hereby appoints the folIowine individual as a beach attendant for the period Aueust 5 - September 3.2007: Caiti Derenze (lst year).................................................. $9.42/hour ./ Vote Record - Resolution RES-2007-647 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Initiator Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-648 CATEGORY: DEPARTMENT: Employment - Town Town Clerk Patrice Conklin Resignation July 31, 2007 Southold Town Board Meeting Minutes Page 13 RESOLVED that the Town Board of the Town of South old hereby accepts the resil!:nation of Patrice Conklin from her position as a part-time. Clerk Tvpist in the Town Clerk's office, effective immediately. .; Vote Record - Resolution RES.2007-648 Yes/Aye NO/l"llay Abstain Absent Ii'! Adopted A1l>ertKrups~iJr. Seconder Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-649 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Community Development 2007 Shellfish Contract RESOLVED that the Town Board ofthe Town of South old hereby authorizes and directs Supervisor Scott A. Russell to execute an Al!:reement with Cornell Cooperative Extension in connection with 2007 Southold Town Shellfish Program in the amount of$18,000 for the term January 1,2007 through December 31, 2007, all in accordance with the approval ofthe Town Attorney. ./ Vote Retord - Resolution RES-2007-649 Yesl;\Y~ NolNay Abstain Absent Ii'! Adopted A1i>ert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Initiator Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-650 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Community Development Community Development Subrecipient Agreements RESOLVED that the Town Board of the Town of South old hereby authorizes and directs Supervisor Scott A. Russell to execute Subrecipient Al!:reements in connection with the 2007 Community Development Block Grant Program for the following programs: July 31, 2007 Southold Town Board Meeting Minutes Page 14 North Fork Early Learning Center, Child Day Care Program Robert Perry Child Day Care Program North Fork Housing Alliance Community Action Southold Town of Southold (CAST) Dominican Sisters $7,500 $7,500 $5,000 $5,000 $5,000 all in accordance with the approval of the Town Attorney. v' Vote Record - Resolution RES-2D07-6SO Yes/Aye NolNay Abstain Absent 0 Adopted Albert Krupski Jr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Seconder 0 0 0 0 0 Withdrawn Louisa P. Evans Initiator 0 0 0 0 Scott Russell Voter 0 0 0 0 2007-651 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk MFD lOaTh Anniversary Parade RESOLVED that the Town Board of the Town of South old hereby I!:rants permission to the Mattituck Fire Department to use the followinl!: roads for its tOOth Anniversary Parade and Celebration on Saturdav. September 8. 2007 bel!:inninl!: at 8:00 AM: Love Lane from Rt 25 to Pike Street Pike Street from Westphalia to Rt 25 (at the High School) Wickham A venue from Rt 25 to Rt 48 2:00 PM to until parade ends (approx. 6:00 PM) - Rt 25 from Laurel Lane to Mill Lane 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 upon receipt of notification of the approval of this resolution to coordinate traffic control. ./ Vote Record - Resolution RES-2007..(j51 0 Adopted Yes/Aye NolNay Abstain Absent Albert Krupski Jr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled 0 Withdrawn Thomas H. Wickham Initiator 0 0 0 0 Next: Aug 8. 2007 1 :30 PM Louisa P. Evans Seconder 0 0 0 0 Scott Russell Voter 0 0 0 0 July 31, 2007 Southold Town Board Meeting Minutes Page IS 2007-652 CATEGORY: DEPARTMENT: ClosefUse Town Roads Town Clerk Grant Permission to the Cooley's Anemia Foundation to Use the Following Roads for Its 6Th Annual Bike-A-Thon on Saturday, September 29,2007 RESOLVED that the Town Board of the Town of Southold hereby e:rants permission to the Cooley's Anemia Foundation to use the followine: roads for its 6th Annual Bike-A-Thon on Saturday. September 29.2007 beginning in Riverhead at 7:30 AM: 62 Mile Ride: Heading east, Sound Avenue at town line, Laurel to Moore's Lane, Greenport to Route 25 onto 6th Street, then Wiggins Street 20 Mile Ride: Heading east, Sound Avenue at town line, Laurel to Old Sound Avenue, Mattituck to Factory Avenue, to Route 25, then west on 25 to Riverhead provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of South old as an additional insured and notify Capt. Flatley, upon receipt of notification of the approval of this resolution, to coordinate traffic control. -/ Vote Record - Resolution RE8-2007-652 Yes/Aye NolNay Abstain Absent 0 Adopted Albert Krupski Jr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Seconder 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Initiator 0 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 0 Scott Russell Voter 0 0 0 0 2007-653 CATEGORY: DEPARTMENT: ClosefUse Town Roads Town Clerk Close a Portion of Gabriella Court for Block Party RESOLVED that the Town Board of the Town of Southold hereby e:rants permission to the Christine Malone. representine: families of Gabriella Court. Mattiuck to use the followine: roads for its to-Year Anniyersary Block Party on Saturday. Aue:ust 18. 2007. from 3:00 PM to 8:00 PM: Gabriella Court. from Tabor Road to the cul-de-sac July 31, 2007 Southold Town Board Meeting Minutes Page 16 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, upon notification ofthe approval of this resolution, to coordinate traffic control. .,. Vote Record. Resolution RES.2007-653 Yes/Aye NolNay Abstain Absent ItI Adopted Albert Krupski Jr. Initiator ItI 0 0 0 0 Adopted as Amended William P. Edwards Seconder ItI 0 0 0 0 Defeated Daniel C. Ross Voter ItI 0 0 0 0 Tabled Thomas H. Wickham Voter ItI 0 0 0 0 Withdrawn Louisa P. Evans Voter ItI 0 0 0 Scott Russell Voter ItI 0 0 0 2007-654 CATEGORY: DEPARTMENT: Employment - Town Town Attorney Adopt Arbitrator's Decision Dated 7/24/07 RESOLVED that the Town Board hereby accepts and adopts in its entirety the Arbitrator's decision dated Julv 24. 2007. denvinl! the CSEA's "Boiler Shutdown" and "Blackout" (CBA Section 22.2) Compensatory Time Grievances. ./ Vote Record - Resolution RES-2007-6S4 Yes/Aye NolNay Abstain Absent ItI Adopted Albert Krupski Jr. Voter ItI 0 0 0 0 Adopted as Amended William P. Edwards Initiator ItI 0 0 0 0 Defeated Daniel C. Ross Voter ItI 0 0 0 0 Tabled Thomas H. Wickham Seconder ItI 0 0 0 0 Withdrawn Louisa P. Evans Voter ItI 0 0 0 Scott Russell Voter ItI 0 0 0 2007-655 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Attorney Ph LL 8/28 7:45 Pm AgPPD WHEREAS there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 31st day of July, 2007 a Local Law entitled "A Local Law in relation to an Al!ricultural Planned Development District", now, therefore, be it July 31, 2007 Southold Town Board Meeting Minutes Page 17 RESOLVED that the Town Board of the Town of South old will hold a public hearinl!: on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York. on the 28th dav of AUl!:ust at 7:45 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Al!:ricultural Planned Development District" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to an Al!:ricultural Planned Development District" . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Lel!:islative Intent. Farmland is a critical component of the Town of Southold's rural character. Agriculture provides the cornerstone ofthe land use environment valued by year-round residents as well as visitors. Numerous planning documents and studies in the Town's comprehensive planning over the past 20 years have recognized this value and have recommended strategies to preserve this key resource. In recent years, the Town has engaged in an aggressive effort to preserve farmland through the use of a variety of conservation tools, most notably the purchase of development rights. The Town has joined with other governmental agencies at the Federal, State and County levels, and with conservation groups such as the Peconic Land Trust to further its efforts. In addition, the Town has made use of various long- and short-term funding options to purchase interests in farmland, such as the Community Preservation Fund (CPF) transfer tax, voter- approved bonds and grants. The Town Board recognizes that preservation efforts must continue in accordance with the Town's comprehensive planning efforts and initiatives. Additional funds will be required, and if possible, leveraged, to enable the Town to continue to purchase interests in farmland and retain the Town's rural character. The Town Board determines that its land preservation efforts can best be accomplished through a number of legislative initiatives. This local law creates an Agricultural Planned July 31, 2007 Southold Town Board Meeting Minutes Page 18 Development District, a floating zone classification. The Agricultural Planned Development District is intended to encourage the preservation and conservation of farmland, while preserving land equity. It is intended to provide incentive to Landowners dedicated to the preservation and conservation of farmland. New York State Town Law Sections 261-a and 261-c provide the framework to accomplish these goals. The Town Board seeks through this legislation to provide for the incremental sale of development rights by landowners whose property is actually used in agricultural production. This will be accomplished by providing a source of funds to facilitate agricultural production without requiring the sale of all development rights applicable to the property, at the same time reducing the density potential on the property. The benefit to the Town, in addition to facilitating agricultural production, is the assurance that the Town will have the option purchase the remaining development rights on a parcel, excepting those that are necessary for a conservation subdivision at the density/open space percentage as required by this legislation. II. Chanter 280 of the Code of the Town of Southold is hereby amended to create a new Article XXX. as follows: Sec. 280-170. PUfDose. The Agricultural Planned Development District emphasizes the importance of agriculture as both a vital economic base and as a land form that provides the town with much of its rural character and scenic beauty. This program will provide the landowner with another mechanism to access the equity in his land by providing him with an expeditious means to incrementally sell his development rights to facilitate the preservation offarmland without having to subdivide his property. The development rights can be sold on an incremental basis while assuring the Town of the opportunity to purchase the remaining development rights applicable to the property, except those that may be used to develop a conservation subdivision pursuant to 280-181 (B). This Agricultural Planned Development District creates a mechanism whereby the property can be rezoned AgPDD upon application of the landowner. 280-171 Definition July 31, 2007 Southold Town Board Meeting Minutes Page 19 DEVELOPMENT RIGHTS -- The rights permitted to a lot, parcel, or area of land under a zoning ordinance or local law regarding permissible use, area, density, bulk, or height of improvements executed thereon. 280-172. Classification. A. The Agricultural Planned Development District (AgPDD) is established as a Planned Development District pursuant to Town Law Section 261-c. B. The AgPDD classification may be considered on a floating zone basis. Upon rezoning to the AgPDD classification, all principal and accessory uses, restrictions and controls listed in the specific AgPDD shall govern the lands subject to the rezoning. 280-173. Requirements for Eligibilitv. All properties meeting the standards and criteria set forth in this Article shall be deemed eligible for rezoning as an AgPDD. In order to be considered for rezoning to AgPDD, lands in the Town of Southold must meet all of the following criteria: A. The lands must consist of a sub-dividable parcel of at least seven (7)acres meeting the Town's preservation goals and included in the Community Preservation Project Plan (CPPP), which may consist of a lot designated as a separate tax map number, or of two or more contiguous lots with separate tax map numbers. A landowner may also apply for the rezoning of a parcel contiguous to property already zoned AgPDD or already preserved, even if smaller than seven (7) acres. B. The parcel must be enrolled in an agricultural district or individual commitment, pursuant to Article 25AA of New York State Agriculture and Markets Law. C. The Town Board must find that the parcel provides an environmental, physical, economic, aesthetic, social or cultural benefit to the Town. 280-174. Zoning Approval: Application and review procedure. The Town Board may rezone lands from that of their underlying zoning district to the AgPDD classification upon written application of the landowner pursuant to this Article. July 31, 2007 Southold Town Board Meeting Minutes Page 20 A. Application. An applicant shall submit two (2) copies of the following to the Town Board: I. Form of Application approved by the Town Board, including the name of the owner and/or applicant, description of current use of the property, and disclosure affidavit; 2. Deed covering each parcel for which application is made; 3. Surveyor map showing each parcel proposed to be rezoned to AgPDD, and any improvements on each parcel. B. Upon receipt of a completed application, the Town Board shall review the application at a worksession and make a preliminary determination whether the Board is interested in considering rezoning of the parcel to AgPDD. If the Town Board is interested in considering the rezoning, it shall refer the application to the Planning Board and the Land Preservation Committee for review and recommendation. C Upon receipt of the application, the Land Preservation Committee shall consider the application at its next meeting and prepare recommendations to the Town Board with a copy to the Planning Board. D. If the applicant seeks agricultural and/or residential structure areas, the placement shall be agreed upon among the Land Preservation Committee, the Planning Board and the landowner. E. Upon recommendation of the Planning Board and the Ellul the Land Preservation Committee, the Land Preservation Coordinator shall commission a survey and a title search of the property, which will be forwarded to the Planning Department upon receipt. F. The Planning Department will calculate the yield on the parcel based on the zoning in effect at the time ofthe application. Yield will be calculated as follows: Buildable Lands -;- Minimum Lot Area of Zoning District= Yield on Entire Parcel. The landowner will be informed of the number of development rights available on the parcel. Any fractional amount shall be rounded down to the nearest whole number. Any existing non- agricultural production uses shall reduce the number of development rights available for sale on a parcel. G. Environmental Review. The Town Board shall comply with SEQRA in acting upon any application for the rezoning of any lands to the AgPDD classification. July 31, 2007 Southold Town Board Meeting Minutes Page 21 H. The Planning Board shall provide a report within ninety (90) days of the date of the meeting at which the referral is received from the Town Board. No action shall be taken by the Town Board until receipt of the Planning Board report, or the expiration of its 60-day review period, whichever comes first. The review period may be extended by mutual consent of the applicant, the Town Board, the Planning Board, and the Land Preservation Committee. 1. Planning Board Report. The Planning Board may recommend approval, approval with conditions, or disapproval of the proposed rezoning. In preparing its report, the Planning Board shall take into account the recommendations of the Southold Town Farm and Farmland Protection Strategy, adopted as policy by Town Board resolution of January 18, 2000 and supporting documents, the recommendations of the Land Preservation Committee, the studies contained in the Town's comprehensive planning efforts and initiatives, the existing characteristics ofthe property and the surrounding properties, the environmental, social, physical, aesthetic, economic and cultural aspects of the property and its surroundings, and such other factors as may be necessary to carry out the purposes ofthis Article and this Chapter. The Planning Board's report shall provide detailed reasons for its recommendation. J. Public Hearing. Within thirty (30) days of the receipt of the Planning Board report, or the expiration of the Planning Board review period, whichever occurs first, the Town Board may schedule a public hearing on the application, with the same notice prescribed for zoning amendments. K. Town Board Action. Within thirty (30) days of the date of the closing of the public hearing, the Town Board shall either approve or disapprove the rezoning and file its decision with the Town Clerk, with notice to the applicant. In approving such rezoning, the Town board shall determine, after considering the Planning Board's recommendation, that the subject parcel contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and that there will be no significant environmentally damaging consequences. If approved, the Town Board shall amend the zoning map ofthe Town in accordance with the approval and forward a copy of the resolution containing the decision to the Planning Board, the Land Preservation Committee, the Agricultural Advisory Committee, and the applicant. Any such approval shall be subject to the Conditions of Approval as set forth below in 280-175 of this Chapter. July 31, 2007 Southold Town Board Meeting Minutes Page 22 280-175. Conditions of Approval. A. The boundaries of the re-zoned property, permitted uses thereon, and number of development rights shall become part of this Town Code and the Zoning Map shall be amended accordingly. B The Land Preservation department shall coordinate the closing and filing of the easement in accordance with their normal procedures for purchase of development rights. C Easement. 1. Following a public hearing and approval of the rezoning pursuant to Chapter 280 of the Town Code and Chapter 247 of the General Municipal Law, the Landowner shall sell at least one (1) development right to the Town. The landowner shall file a Preservation Easement (the "Easement") on the property following the sale, in the form provided by the Town, which shall indicate that at least one (I) development right has been sold, and shall also indicate the number of remaining development rights available for sale or transfer from the parcel. a. The easement shall be in a standard form, acceptable to the Landowner and the Town Attorney and shall be consistent with the terms of the AgPDD. The standard form may be amended if the landowner voluntarily requests additional restrictions or prohibitions and such restrictions are acceptable to the Town Attorney. b. The easement shall be recorded in the Office of the Suffolk County Clerk. 280-176 Price for Development Rights The Town Board shall by resolution, at least annually, set a price to be paid by the Town for AgPDD development rights sales for the purpose ofthis Chapter. This price shall be the fair market value of development rights for non-waterfront farmland of average size with an average amount of road frontage, obtained from two independent certified appraisers. 280-177. SubseQuent Development Right Sales to the Town July 31, 2007 Southold Town Board Meeting Minutes Page 23 A. At any time, the landowner may offer to sell development rights on all or part of the parcel that has been zoned AgPDD. The development rights may be sold to the Town or to others provided that the landowner enters into a Preservation Easement on the property in a form acceptable to the Town. The Preservation Easement shall list the number of development rights sold and the number remaining, based on the yield for the parcel as set forth at the time of rezoning to AgPDD. B. At the discretion of the Town, the Town may commission a new survey and a title search ofthe property. C. The Land Preservation Coordinator shall make a determination of the number of development rights remaining for purchase on the parcel based on the original yield as calculated by the Planning Department less any development rights sold, and shall so advise the Land Preservation Committee. The Land Preservation Committee shall make a recommendation to the Town Board on the purchase of development rights. D. The Town Board shall hold a public hearing on the question of the purchase of development rights from the AgPDD zoned parcel, and may adopt a resolution approving or disapproving the sale. Any resolution shall set forth the number of development rights purchased and the number remaining on the parcel. At the time of sale, a preservation easement as set forth above in 280-175 shall be filed indicating the additional number of development rights that have been extinguished from the parcel, and the remaining number of development rights. E. Development rights may be purchased by the Town in increments of one-half (1/2) of a development right. F. The Town Board shall not be required to purchase development rights from a parcel zoned AgPDD sooner than 180 (one hundred and eighty) days after the previous purchase on the same parcel, and any refusal by the Town to do so shall not be considered an election not to purchase pursuant to g280-180E. G. Upon the landowner's application, the Town shall purchase ten percent (10%) of the landowners residual development rights, or not less than one full development right, per calendar year. Any fractional amount shall be rounded to the nearest half of a development right. The Town may, if requested by the landowner, purchase more or less than ten percent each year. July 31, 2007 Southold Town Board Meeting Minutes Page 24 H. No application for sale of development rights received after November I of any calendar year shall be closed until the following calendar year, unless the Town and the landowner mutually agree to close in the same year. I. Participation in the AgPDD shall not preclude the landowner from participation in other preservation programs. If a landowner wishes to negotiate with the Town for the sale of development rights, the Town will only consider a Conservation Subdivision pursuant to 280- 181(B), or the sale of all remaining development rights on the parcel, and the Town will only pay for the appraisal one time. If an agreement is not reached between the Town and the landowner, subsequent negotiations and application for sale of development rights through the Land Preservation program will be permitted; however, the Town will obtain the appraisal at the expense of the landowner. J. Unless otherwise specified, the price for development rights for subsequent development right sales to the Town will be as set forth in Section 280-176. 280-178. (Reserved) 280-179. Clearing House. The Land Preservation Coordinator will maintain a log indicating the development rights sold and remaining on any parcel zoned AgPDD. The easement executed and recorded by the landowner at the time of each sale will indicate the number of development rights sold and the number remaining on the parcel. &280-180 Conditions A. Any reserved area for development shall be set by the Town Board and defined in the Town Code at the time of rezoning to AgPDD. A landowner may apply to the Town Board to amend such code if circumstances have changed since the rezoning. Any new additional reserved area will be July 31, 2007 Southold Town Board Meeting Minutes Page 25 deducted from the available development rights on the parcel, and any reduction in the reserved area may increase the development rights available on the parcel. Any reserved area for development shall not exceed 20% of the buildable area of the parcel. B. Any structure proposed on a parcel which is zoned AgPDD will require the approval of the Land Preservation Committee prior to issuance of a building permit. The approval of the committee shall take into account the conditions set forth in the preservation easement on the property. C. If a residential structure exists on property zoned AgPDD, any new structure accessory to such residence must be located within 150 feet of the existing residential structure. D. Any structures, other than those for agricultural production, shall reduce the number of development rights available for sale or transfer. E. If the Town elects not to purchase 10% of development rights as set forth in 280-1770, the landowner may pursue a Standard Subdivision as set forth in 9280-181 C. If there has been a subsequent request by the landowner for purchase of development rights and an agreement by the Town to purchase at least 10% development rights pursuant to 9280-1770, the landowner is not eligible to pursue a standard subdivision. &280-181 Subdivision A. If the landowner of property zoned AgPDD files for subdivision of the property, the land Preservation Coordinator shall advise the Planning Board of the number of development rights remaining on the parcel. B. Any conservation subdivision of AgPDD property must accomplish preservation of eighty percent (80%) of the parcel, and density reduction of seventy-five percent (75%) of the original yield. If the landowner elects to pursue this Conservation Subdivision, the land preserved by sale of development rights shall apply toward the required preservation component. C. If the Town elects not to purchase 10% of development rights as set forth in 280-1770, the landowner may pursue a Standard Subdivision. For a period often years from the date of the Town's election not to purchase development rights pursuant to 9280-1770, the yield for the subdivision shall be based on the zoning in effect on the parcel at the time it was zoned AgPDD, after which the yield shall be that of the underlying zone in effect as of the date of the subdivision. Land already preserved by sale of development rights shall not be applied toward any preservation or subdivision July 31, 2007 Southold Town Board Meeting Minutes Page 26 open space requirement or the yield calculation. The yield calculated pursuant to S280-l74F shall not be the yield for the standard subdivision. The standard subdivision yield shall be calculated pursuant to Chapter 240 of the Town Code. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided bylaw. .; Vote Record - Resolution RES-2007-655 Yes/Aye NolNay Abstain Absent '"' Adopted Al~ertI<.rtlPski}r. Voter '"' 0 0 0 0 Adopted as Amended William P. Edwards Voter '"' 0 0 0 0 Defeated Daniel C. Ross Initiator '"' 0 0 0 0 Tabled Thomas H. Wickham Seconder '"' 0 0 0 0 Withdrawn Louisa P. Evans Voter '"' 0 0 0 Scott Russell Voter '"' 0 0 0 2007-656 CATEGORY: DEPARTMENT: Planning Town Attorney LLAgPPD to SCPC & STPD RESOLVED that the Town Board of the Town of South old hereby authorizes and directs the Town Clerk to forward "A Local Law in relation to an Al!:ricultural Planned DeveloDment District" to the Southold Town Planninl!: Board and Suffolk County Planninl!: for review and comments. -/ Vote Record - Resolution RES-2007-6S6 Yes/Aye NolNay Abstain Absent '"' Adopted Albert Krupski Jr. Voter '"' 0 0 0 0 Adopted as Amended William P. Edwards Voter '"' 0 0 0 0 Defeated Daniel C. Ross Voter '"' 0 0 0 0 Tabled Thomas H. Wickham Seconder '"' 0 0 0 0 Withdrawn Louisa P. Evans Initiator '"' 0 0 0 Scott Russell Voter '"' 0 0 0 July 31, 2007 Southold Town Board Meeting Minutes Page 27 2007-657 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Attorney PH LL 8/287:50 Pm Peddling WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 31st day of July, 2007 a Local Law entitled "A Local Law in relation to Amendments to Peddlers. Solicitors and Transient Retail Merchants" 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 28th day of August, 2007 at 7:50 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Peddlers. Solicitors and Transient Retail Merchants" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to Amendments to Peddlers. Solicitors and Transient Retail Merchants". BE IT ENACTED by the Town Board of the Town of South old as follows: I. Purpose - To update the procedures for registration and regulation of certain peddlers, solicitors and transient retail businesses in the Town of Southold, and require that they be located in appropriate areas. II. Chapter 197 of the Code of the Town of South old is hereby amended as follows: ~ 197-1. Legislative intent. The purpose of this chapter is to )lrcycllt bllsiacss )lraetiees of provide for the registration and regulation of certain peddlers, solicitors and transient retail businesses from cllistiag in the Town July 31, 2007 Southold Town Board Meeting Minutes Page 28 of Southold, with eertaiR eJ(eefltioRs, as otherwise flroviaed hereiR, lly pfOviaiHg fer the registratioR ana regwatioR sf the eORooot sf eertaiR peddlers, solieitors ana eanvassers and otherwise eliminatellig--certain practices. 9197-2. Definitions. As used in this Chapter, the following terms shall have the meanings indicated: PEDDLER -- A person who goes from place to place by traveling on foot or by any type of conveyance on the streets or from house to house carrying, transporting or conveying goods, wares, merchandise, foods, farm products or provisions, offering and exposing the same for sale or making sales and deliveries to purchasers or who solicits orders and, as a separate transaction, makes deliveries to purchasers. The word "peddler" shall include the words "hawker" and "huckster. " PERSON -- Includes the singular and the plural and shall also include and mean any individual, firm, partnership, corporation, voluntary association, incorporated association, club, society or other organization and any officer, employee or agent thereof. SOLICITOR and/or CANVASSER -- Any person who goes from place to place or house to house or stands in any street or public place taking or offering to take orders for goods, wares or merchandise, except as hereinafter exempted, or for services to be performed in the future or for making, manufacturing or repairing any article or thing whatsoever for future delivery. TRANSIENT RETAIL BUSINESS -- A retail or wholesale business conducted in a temporary structure or tent; from a truck, van or trailer; on a parking lot or vacant parcel of land; on a part of public right-of-way; or in any other place for a temporary period of time. Lack of a rental or leasing agreement of three months' or more duration, sealed by monetary consideration, shall be presumptive ofa temporary situation. The type of merchandise being offered for sale will have no bearing on the designation. 9197-3. License required. It shall be unlawful for any peddler or solicitor to sell or dispose of or to offer to sell or dispose of any goods, wares or merchandise within the Town of Southold or to solicit or act as a solicitor from door to door within the Town of Southold. or to operate a transient retail business without first registering with the Town Clerk of the Town of Southold as provided in this chapter and obtaining the license prescribed. 9197-4. Exemptions. A. The requirements of this chapter as to the payment of a license fee (but not as to registration) shall be held not to include the following persons, who are expressly exempt from its application: July 31, 2007 Southold Town Board Meeting Minutes Page 29 (I) Any person honorably discharged from the United States Army, Navy, Air Force or Marine Corps or other components of the military forces of the United States. (2) Persons engaged in delivering merchandise of any nature whatsoever on regular, scheduled routes to regular costumers, including specifically but not limited to persons delivering dairy products, bread and other merchandise over such routes; and, with respect to persons mentioned in this subsection, they shall be exempt from all requirements of this chapter relating to the payment of the license fee or license fees, terms and conditions. B. This chapter shall not apply to any of the following: [Amended 3-24-1992 by L.L. No. 8- 1992] (I) Sales conducted pursuant to statute. (2) Sales conducted pursuant to the order by any court. (3) Any person selling personal property at wholesale to dealers in such articles. (4) The sale of fruits and vegetables raised on the property where being sold. (5) Persons soliciting, collecting or operating a sale on behalf of any local bona fide charitable, religious, patriotic or other organization of worthy cause deemed to be in the public interest and which organization is represented locally by a Town resident. (6) (7) Any person selling personal property at a garage sale held at his residence. The sale of newspapers. (ll) iilly merehant having an eataelished place efslIsiness within the Town of Southold. SI97-5. Permitted activities. A. The following activities shall be the only activities which can be licensed pursuant to this chapter: (I) The sale of ice cream, milk and other dairy products. (2) The sale of hot dogs, soda and other items customarily found on hot dog vending trucks. (3) The operation of coffee trucks and the sale of goods ordinarily associated therewith. July 31, 2007 Southold Town Board Meeting Minutes Page 30 B. All other businesses hereinabove defined as transient retail businesses shall be illegal in the Town of Southold. 9197-6. Application for license. Any person desiring a license under this chapter shall first register with the Town Clerk ofthe Town of South old and shall file with said Town Clerk an application, in writing, containing the following information: A. The name of the applicant. B. The applicant's permanent home residence. C. The name, address and telephone number of the person from whom goods making up the stock, if any, were or are to be purchased. D. Three bona fide business references. E. The place or places of residence of the applicant for the next preceding three years. F. Two recent photographs of the applicant, approximately 2 112 inches by 2 112 inches in size, together with a complete set of fingerprints. G. A description of the goods, wares or merchandise to be sold and offered for sale and/or the purpose of his proposed canvassing or solicitation. H. For transient retail business. the location where the business will be conducted and a survev showing the proposed location. H.I. The length of time for which the license is required and registration is to be effective. hI. Details of any arrests or convictions for misdemeanors and crimes, including the nature of the offense for which arrested or convicted, the date of conviction and the place where said conviction was had. J.-K. To said application and as a part thereof, there shall be attached a letter from the firm or corporation for which the applicant works, authorizing the applicant to act as its representative. Kl,. A statement by a reputable physician, dated not more than 10 days prior to the submission of the application, certifying the applicant to be free of contagious infections or contagious diseases. b.M. An authorization certification from the New York Sales Tax Bureau. 9197 -7. Investigation of aj3plieant. Application referral. July 31, 2007 Southold Town Board Meeting Minutes Page 31 A. Each application shall be referred to the Police Department, which shall, without delay, institute suefl an investigation of the applicant's business and moral character as it deems necessary for the protection of the public good and complete the same within a reasonable time. No license shall be issued until the application shall have been approved by the Police Department. The approval or rejection shall be endorsed on the application by the Chief of Police or officer in charge. ~. Transient Retail Business Aoolications shall be referred to the Building Deoartment for review of comoliance with zoning and site olan requirements. gI97-8. Issuance oflicense; records; possession. A. The license shall be issued on forms drawn in accordance with this chapter. They shall be consecutively numbered and shall contain spaces for the insertion of the name, location of the business and amount of fee paid. B. There shall be kept in the office of the Town Clerk the necessary books for recording the time the application was received, showing whether it is an application for a new or renewal license, the name of the license, the date of approval by the Town Clerk, the amount of fee received therefor and the date when the license was issued. C. Every person holding a license under this chapter shall be required to have in his possession the license at all times while actually engaged in peddling. gI97-9. Fees; expiration oflicense. A. The nonrefundable fee for each license application pursuant to this chapter shall be $200 per year or $50 per day or fraction thereof. B. Licenses shall be issued on an annual basis and shall expire on December 31 ofthe year of issuance. gI97-10. Restrictions. A. A hawker, peddler or solicitor shall: A.l. Not engage in such business at any time between the hours of 8:00 p.m. and 9:00 a.m. 8.2,. Not willfully misstate the quantity or quality of any article offered for sale. G.;l. Not offer for sale any unwholesome, tainted, deleterious or diseased provisions or merchandise. I}.~. Keep the vehicles and receptacles used by him in a clean and sanitary condition and the foodstuffs and edibles offered for sale well covered and protected from dirt, dust and insects. July 31, 2007 Southold Town Board Meeting Minutes Page 32 E.~. Not call attention to his goods by blowing a horn, by ringing a bell other than a house doorbell, by shouting or crying out or by any loud or unusual noise. F.~. Not stand or permit the vehicles used by him to stand in one place in any public place or street for more than 10 minutes or in front of any premises for any time if the owner or any lessee of the premises objects. G.l. Not create or maintain any booth or stand or place any barrels, boxes, crates or other obstructions upon any street or public place for the purpose of selling or exposing for sale any goods, wares or merchandise. H.J!.. Not engage in such business within 500 feet of any school between the hours of 7:00 a.m. and 4:00 p.m. on school days. 1.2. Not sell or peddle prepared foods of any kind, including ice cream, confectionery, beverages, prepackaged snack foods, hot dogs, hamburgers and other sandwiches, on any Town beach upon which is located a concession stand operated under an agreement with the Town or on any parking area adjacent thereto. 10. Not peddle or solicit in anv congested place or area when or where such activitv mav impede. endanger or inconvenience the public or add to the congestion of such place or area. For the pumoses of this subsection. the iudgment of anv peace officer. code enforcement officer of the Town of Southold or police officer. exercised in good faith. shall be deemed conclusive as to the existence of congestions and as to whether the public is impeded. endangered or inconvenienced. !!. A transient retail business shall be: 1., Located on a properlv in a zoning district where retail is permitted. 2. parking. Subiect to site plan review bv the Planning Board for adequate ingress/egress and S 197-11. Revocation oflicense; hearing. A license may be revoked by the Town Clerk or the Chief of Police by reason of violation or the terms of the license, the violation of any Town ordinance or state or federal statute or falsification or fraud in applying for the license. The licensed person may, upon making application to the Town Clerk, in writing, request a hearing by the Town Board upon the revocation or suspension of the aforesaid license. S 197-12. Signs. July 31, 2007 Southold Town Board Meeting Minutes Page 33 f.pprepriate sigaG, as the Tewn Beard efthe Te'.vn sf SeHthsld shall eeem aeeessary, shall Be ereeted BY the Highway Dej'lartmeat efthe T8'.VH ef Selltheld at sHeh plaees withia tile Te'.vn ef Seutheld as the Tswn Beard direetG, advisiag efthe e)(istenee eftllis ehllflter. Anv signs associated with sales and business conducted pursuant to this Chapter shall be subiect to Chapter 280, Zoning, Article XIX, Signs, of this Town Code. ~ 197-13. Penalties for offenses. Any person required by this chapter to procure a license who violates its terms or who violates any ofthe provisions of this chapter shall, upon conviction thereof, forfeit and pay not less than $500 or more than $2,500 for the first offense and no less than $1,000 or more than $5,000 for the second or any subsequent offense. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided bylaw. .; Vote Record - Resolution RES-2007-6S7 Yes/Aye NolNay Abstain Absent ., Adopted Albert Krupski Jr. Voter ., 0 0 0 0 Adopted as Amended William P. Edwards Voter ., 0 0 0 0 Defeated Daniel C. Ross Voter ., 0 0 0 0 Tabled Thomas H. Wickham Initiator ., 0 0 0 0 Withdrawn Louisa P. Evans Seconder ., 0 0 0 Scott Russell Voter ., 0 0 0 2007-658 CATEGORY: DEPARTMENT: Planning Town Attorney Peddlers LL to SCPC & STPD RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to forward" A Local Law in relation to Amendments to Chapter 197- July 31, 2007 Southold Town Board Meeting Minutes Page 34 Peddlers. Solicitors and Transient Retail Merchants" to the Southold Town Plannin2 Board and Suffolk County Plannin2 for review and comments. ,/ Vote Record - Resolution RES-2007-658 Yes/Aye No/Nay Abstain Absent Iil Adopted Albertl(rupski 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 Iil 0 0 0 2007-659 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Appoint Brian J Hughes to Bd of Ethics RESOLVED that the Town Board of the Town of Southold hereby appoints Brian J. HU2hes to the Southold Town Board of Ethics to fill the unexpired term of Frederick A. Ross, effective immediately through March 31, 2010. ,/ Vote Record - Resolution RES-2007-659 Yes/Aye NolNay Abstain Absent Iil Adopted Albert Krupski Jr. Seconder Iil 0 0 0 0 Adopted as Amended William P. Edwards Initiator 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 Iil 0 0 0 2007-660 CATEGORY: DEPARTMENT: Public Service Town Clerk Waive 30 Day Notificationfor Liquor License Renewalfor Farmer Bar RESOLVED that the Town Board of the Town of South old hereby waives the 30 Dav notification for the renewal of a liquor license to Farmer Bar, 4805 Depot Lane, Cutchogue, New York. July 31, 2007 Southold Town Board Meeting Minutes Page 35 ./ Vote Record - Resolution RES-2007-660 y ~~fAye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Seconder Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 Ii'! 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-661 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Appoint Chris R. Showalter to the Dredging Advisory Committee RESOLVED that the Town Board of the Town of South old hereby appoints Chris R. Showalter to the Dredeine Advisory Committee effective immediately through March 31, 2009. -/ Vote Record - Resolution RES-2007-661 yes/Aye NolNay Abstain Absent Ii'! Adopted AI~ertKrup*i}r. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Initiator Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-662 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Waive Parking Regulations Along Roadside At 10550 Nassau Point Rd, Cutchogue RESOLVED that the Town Board of the Town of Southold hereby waives the "No Parkine" reeulations alone the roadside bv 10550 Nassau Point Road. Cutchoeue on Saturdav. Aueust 4. 2007, to accommodate guest parking for a memorial service. -/ Vote Record - Resolution RES-2007-662 Yes/Aye NolNay Abstain Absent Ii'! Adopted I~J~c:rtKrupski 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 July 31, 2007 Southold Town Board Meeting Minutes Page 36 2007-663 CATEGORY: DEPARTMENT: Planning Town Attorney Dredging Projects - Town Co-Permittee RESOLVED that the Town Board of the Town of Southold determines that the Town will act as co-permittee with Suffolk County on dred!!in!! proiects within the Town, and authorizes Supervisor Russell to execute anv necessarv documents relatin!! to dred!!in!! permit applications. ./ Vote Record. Resolution RES.2007-663 Yes/Aye NolNay Abstain Absent Ii'! Adopted AlbertKrupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Seconder Ii'! 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-664 CATEGORY: DEPARTMENT: Seqra Town Attorney LL No Parking Oak and Maple Streets Type II SEQRA RESOLVED that the Town Board of the Town of Southold hereby finds that the adoption of the local law entitled "A Local Law in relation to No Parkin!! area on Oak Street and Maple Street in Greenport Durin!! School Hours" is classified as a Tvpe II Action pursuant to SEORA Rules and Re!!ulations, 6 NYCRR Section 617.5, is not subject to review under SEQRA, and is exempt from review under Chapter 268 ofthe Town Code of the Town of Southold, Waterfront Consistency Review. ./ Vole Record - Resolution RES-2007-664 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Initiator Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-636 Tabled 7/17/2007 4:30 PM July 31, 2007 Southold Town Board Meeting Minutes Page 37 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact LL #16 Cell Towers WHEREAS there was presented to the Town Board of the Town of South old, Suffolk County, New York, on the 19th day of June, 2007, a Local Law entitled, "Temuorarv Moratorium on the Process in!!. Review of. and makin!! Decisions on auulications for Buildin!! Permits. Site Plans and Suecial Exceution Use Permits for Wireless Communication Facilities in the Town of Southold"; and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law on July 17,2007, at which time all interested persons were given an opportunity to be heard, now therefore be it RESOLVED that the Town Board ofthe Town of South old hereby ENACTS the proposed Local Law entitled, "Temuorarv Moratorium on the Processin!!. Review of. and makin!! Decisions on auulications for Buildin!! Permits. Site Plans and Suecial Exceution Use Permits for Wireless Communication Facilities in the Town of Southold" reads as follows: LOCAL LAW NO. ...M..of2007 Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold. BE IT ENACTED BY the Town Board of the Town of Southold as follows: Section 1. PURPOSE AND INTENT The Town Board is considering the important implications of the recent proliferation of wireless communication facilities projects within the Town, including already constructed cell towers, towers currently under Town review and proposed cell tower projects. The Town Board believes that a haphazard, piecemeal approach to the proliferation of such towers could be detrimental to the character of the Town, including its active farmland, open spaces, scenic byways and vistas, all of which the Town has expended substantial resources to preserve, cultivate and maintain. The Town Board recognizes that the existing Zoning Code is inadequate to deal with the inherent conflict between the need for cell towers, for emergency and other communication purposes, and the Town's other planning goals. The size and scale of the Town, the scale of its agricultural and rural history, and the long-range goals of the Town (as set forth in the recently adopted Hamlet Study and other past planning studies) dictate that wireless communication facilities should be placed in a strategic manner so as to coexist as peacefully as possible with the Town's historical, agricultural and rural culture. Regulations on the size, location and appearance of wireless communication facilities are necessary to address the problems these structures create. It is critical that the issues be handled in a comprehensive manner, crucial legislative decisions made and those decisions implemented. The Town is establishing a Wireless Communication Facility Task Force to work with the Planning Board, Planning Department and the Town Attorney to review the locations, size and appearance of cell towers, to update and July 31, 2007 Southold Town Board Meeting Minutes Page 38 create new legislation that will comprehensively meet the long-range goals of the Town. The Town Board finds that it is reasonable and in the public interest to temporarily suspend the application process for wireless communication facilities so that it has adequate time to examine, assess and address these uses that would otherwise be detrimental to the community. For the reasons stated above and to permit the Town Board to decide on and enact needed legislation, this moratorium is necessary. Section 2. ENACTMENT OF TEMPORARY MORATORIUM For a period of One Hundred Eighty (180) Days following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town Board during the One Hundred Eighty (180) Day period: I) the Planning Board shall not accept for review, continue review, hold a hearing or make any decision upon any application for a site plan containing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law 9274-a and Article XXV of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally- enacted time periods for processing and making decisions on all aspects of said site plan applications are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in 9280-4 of the Code of the Town of Southold. 2) The Zoning Board of Appeals shall not accept for review, continue review, hold a hearing on, continue a hearing or make any decision upon any application for a special exception use permit containing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law 9274-b and Chapter 280 of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of said special exception use permits are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in 9280-4 of the Code of the Town of South old. 3) The Building Inspector shall not accept for review, continue review or make any determination upon any application for a building permit proposing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law 9274-a, Chapter 280 and Article XXV of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing and the rendering of determinations. The statutory and locally- enacted time periods for processing and making determinations on all aspects of said building permit applications are suspended and stayed while this Local July 31, 2007 Southold Town Board Meeting Minutes Page 39 Law is in effect. All terms used in this Local Law are as defined in 9280-4 of the Code ofthe Town of Southold. Section 3. APPLICATION This Local Law shall apply to ALL [new or pending] applications for site plans or special exception use permits for WIRELESS COMMUNICA TlON F ACILITlES in the Town of Southold. Section 4. EXCLUSIONS This Local Law shall not apply to: I) Site plans for which final or conditional final approval was granted by the Planning Board prior to the effective date of this Local Law. 2) Applications for co-location of wireless telecommunication facilities inside a permitted tower, with no component parts visible from the exterior. Section 5. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provisions of New York State Town Law, this Local Law supersedes, amends and takes precedence over NYS Town Law pursuant to the Town's municipal home rule powers, pursuant to Municipal Home Rule Law 910(l)(ii)(d)(3); 910(l)(ii)(a)(l4) and 922 to supersede any inconsistent authority. In particular, to the extent and degree any provisions ofthis Local Law are construed as being inconsistent with the provisions of Town Law 9274-a, 9274-b and the provisions and requirements set forth in Chapter 280 ofthe Southold Town Code, which require that the Planning Board or Zoning Board of Appeals process, review, hold hearings on, and act upon applications for site plans and special exception use permits within specified time periods, this Local Law suspends and stays the running oftime periods for processing, review, holding hearings on, making decisions, and taking action on such applications provided for in those laws and is intended to supersede and amend any said inconsistent authority. Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law if, in its legislative discretion, upon its determination, the variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must find that a variance or waiver will not adversely affect the purpose ofthis Local Law, the health, safety or welfare of the Town of Southold, or any comprehensive planning efforts being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property, the range of business opportunities in the vicinity of the property and the surrounding hamlet, the rural, cultural, historic and business character of the hamlet, and the impact of the variance or waiver on the open and recreational space, and transportation infrastructure of the Town. The application must comply with all other applicable provisions ofthe Southold Town Code. b. Any request for a variance or waiver shall be filed with the Town Clerk and shall include a fee of two hundred fifty ($250.00) dollars for the processing of such application, along July 31, 2007 Southold Town Board Meeting Minutes Page 40 with copies of the site development plan and any related information required in accordance with the procedures set forth in Chapter 280 of the Southold Town Code. c. All such applications shall, within five (5) days of filing with the Town Clerk be referred to the Planning Board, which shall have ten (10) days following receipt to make a recommendation to approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall be transmitted to the Town Board. The Town Board may conduct a public hearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion ofthe Town Board Section 7. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 8. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided bylaw. 0/ Vote Record - Resolution RES.2007-636 Yes/Aye NolNay Abstain Absent Ii'l Adopted Albert Krupski Jr. Seconder Ii'l 0 0 0 0 Adopted as Amended William P. Edwards Initiator 0 0 0 0 Defeated Daniel C. Ross Voter Ii'l 0 0 0 0 Tabled Thomas H. Wickham Voter 0 0 Ii'l 0 0 Withdrawn Louisa P. Evans Voter Ii'l 0 0 0 Scott Russell Voter Ii'l 0 0 0 2007-638 Tabled 7/17/20074:30 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Sign Regulations WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York on the 5th day of June, 2007, a Local Law entitled "A Local Law in Relation to Amendments to the Sign Regulations", AND WHEREAS that the Town Board ofthe Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it July 31, 2007 Southold Town Board Meeting Minutes Page 41 RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed "Local Law in Relation to Amendments to the Sign Regulations", which reads as follows: Local Law No. ~ of2007 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 South old is hereby amended as follows: S 280-88. Unsafe, abandoned and unlawful signs. A. The ewHef 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. Ifthe Building Inspector shall find determines that any sign regulated herein is unsafe, inseellfe, damaged, deteriorated, ef a menace te the paelie 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 give '.vritten netiee BY eertified mail te the ewner sf the premises en which such sign is lecated, as she'Nn en the latest Ts','m assessment rell. Said sign and all appurtenances shall Be taken dewn and Femeved BY the El','mer, agent er persen having the BeRefieial use ef the Building er struetllfe upen which such sign ma;,' Be found within 30 days after written netifieatien from the Building Inspeeter. Dpen the failllfe te eempl)' with such nstiee '.vithin the time specified therein, the Building Insfleetef is autflerized te remeve er e!llise the remeval ef slleh sign at the ellflense ef the persen er persens named in such netiee. such sign mav be removed and disposed ofbv the Town without prior notice. Upon such removal, all costs and expenses incurred by the Town for the removal and sterage of such sign shall be assessed againDt the land en which slleh sign was leeated the responsibilitv of the owner or beneficiarv of such sign. The Town mav pursue anv and all remedies available at law to recover anv unpaid costs associated with removal of anv sign. including filing a statement and a statement ef slleh expenDes shall Be presented te the e\'mer ef the land. If such statement is net paid within 30 days after its presentment, the Bllilding Insfleeter may file a statement with the Town Assessors, identifying the property in connection with which such expenses were incurred and the owner thereof as shown on the latest assessment roll ofthe Town. The Assessors, in the preparation of the next assessment roll, shall assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalty as is provided by law for the collection and enforcement of real property taxes in the Town of Southold" The e'NRer ef the sigH remsved BY the Bllilding Inspeeter as hereinllefere provided shall not Be permitted te redeem slleh sign \lntil all expenses ef remeval and stsrage haye been paid. July 31, 2007 Southold Town Board Meeting Minutes Page 42 C. If, iH the determiHatiaR ef the BllildiRg IRsJ3eeter, a sigH is an immediate J3eFiI ta J3eFoeHs ar J3raJ3erty, he may eallse SlIeh sigH te be remevea summarily ana 'sithellt Hetiee. The east ef sHeh Femeyal shall be J3aia by the TewIl, llfIa slteR arHOHHt shall be !IRa beeome a lieR \!fleB the J3remises iR ll\lestioR ana shall be levied ana calleeted iH the same maruler and llIuler the same J3eRalties as an assessment of a J3tffilic imJ3rovemeRt. C. At the discretion ofthe Building Inspector. a sign may be stored by the Town and notice giyen by certified mail or personal service to the owner and/or beneficiary ofthe sign. Such sign may be redeemed by the owner or beneficiary upon payment of the remoyal 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 yiolation of the proyisions of this chapter shall be guilty of an offense punishable by a fine not to exceed $500. per sign, or imprisonment not to exceed 15 days. or both such fine and imprisonment. Section 3. Severability. If any section or subsection, paragraph, clause, phrase or provision of this law shall be adjudged to be invalid or held uoconstitutional 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. ./ Vote Record - Resolution RES.2007-638 Yes/Aye NolNay Abstain Absent 1<1 Adopted Albert Krupski Jr. Voter 1<1 0 0 0 0 Adopted as Amended William P. Edwards Seconder 1<1 0 0 0 0 Defeated Daniel C. Ross Initiator 1<1 0 0 0 0 Tabled Thomas H. Wickham Voter 1<1 0 0 0 0 Withdrawn Louisa P. Evans Voter 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2007-533 Tabled 6/5/20077:30 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact a Local Law In Relation to No Parking Area on Oak Street and Maple Street In Greenport During School Hours WHEREAS, there has been rresented to the Town Board of the Town of Southold, Suffolk County, New York, on the 8' day of May, 2007 a Local Law entitled "A Local Law in relation to No Parkin!!: area on Oak Street and MaD Ie Street in GreenDort Durin!!: School Hours" and July 31, 2007 Southold Town Board Meeting Minutes Page 43 WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 5th day of June, 2007 at 7:50 p.m. at which time all interested persons were given an opportunity to be heard, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to No Parkin!! area on Oak Street and Maple Street In Greenport Durin!! School Hours" that reads as follows: LOCAL LAW NO. 19 of 2007 A Local Law entitled, "A Local Law in relation to No Parkin!! area on Oak Street and Maple Street in Greenport Durin!! School Hours". BE IT ENACTED by the Town Board ofthe Town of Southold as follows: V. Purpose - In order to provide for the health, safety and welfare of the citizens of the Town of Southold, the Town Board finds it necessary to enact these limited parking restrictions in this school zone. VI. Chapter 92 of the Vehicle and Traffic Code of the Town of South old is hereby amended as follows: ~ 92-42. Parking Prohibited during certain hours. The parking of vehicles is hereby prohibited between the hours indicated in any of the following locations: Name of Street Side Between the Hours of Oak Street Both 9:00 a.m. and 3:00 p.m.. Mondays through Fridays from and including Sep- tember through and including June Maple Street Both 9:00 a.m. and 3:00 p.m.. Mondays throu~h Fridays from and including Septem- Location In Greenport. from the intersection of Sixth Avenue and Oak Street to the terminus of Oak Street In Greenport, from the intersection of Sixth A venue and Maple Street to the terminus of Maple Street July 31, 2007 Southold Town Board Meeting Minutes Page 44 ber through and including June VII. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. VIII. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. of' Vote Record - Resolution RES-2007-533 Yes/Aye NolNay Abstain Absent '"' Adopted Albert Krupski Jr. Voter '"' 0 0 0 0 Adopted as Amended WiJliam P. Edwards Voter '"' 0 0 0 0 Defeated Daniel C. Ross Voter '"' 0 0 0 0 Tabled Thomas H. Wickham 'seconder '"' 0 0 0 0 Withdrawn Louisa P. Evans Initiator '"' 0 0 0 Scott Russell Voter '"' 0 0 0 Closinl!: Statements SUPERVISOR RUSSELL: That concludes, I believe, the agenda. Would anybody like to come up and address the Town Board on any issue of mutual interest? Mr. Carlin? COUNCILMAN ROSS: Good to see you again, Mr. Carlin. FRANK CARLIN: Good evening, ladies and gentlemen of the Board. COUNCILMAN WICKHAM: Good evening, Frank. MR. CARLIN: I have two complaints before I start. How much do you pay Cablevision a month, Scott, for your television? SUPERVISOR RUSSELL: We don't pay Cablevision. The taping is a private contract and Cablevision reimburses us for what he bills us as part of the franchise agreement. MR. CARLIN: What is it, about $1,000 or $1,200 a month? SUPERVISOR RUSSELL: No. I think the taping is about $250 a meeting and Cablevision reimburses us that money. MR. CARLIN: Okay. For the last month or so, I have been watching the video on it you get a 4 second flicker all the time. That has never been corrected. I don't know why that wasn't corrected. Don't they monitor the video company when they review it? Or... July 31, 2007 Southold Town Board Meeting Minutes Page 45 SUPERVISOR RUSSELL: It could very well be... MR. CARLIN: Does the cameraman know that it is happening and maybe because now you have the internet now, maybe that is causing it but I know up to about a month so far, it is annoying. Flicks, flicks and flicks. SUPERVISOR RUSSELL: That could be a problem with our equipment. Actually that is broadcast, the insertion point for that broadcast is actually in town government now. I will talk to Data Processing, the tech support, to see if that could be our equipment. I can't answer definitively what is causing that. MR. CARLIN: I am surprised at that. Doesn't somebody monitor this video? I mean, don't they monitor, they have to broadcast it, can't they see that the thing is being.... SUPERVISOR RUSSELL: To be honest, I haven't noticed it. I have watched the show a few times. MR. CARLIN: It happens on mine. COUNCILMAN KRUPSKI: You watch it? SUPERVISOR RUSSELL: Well, I try not to bul.... MR. CARLIN: I don't want you to start like Josh Horton did because I had a lot of problem with Cablevision when Josh Horton was here, especially when I was on TV. As long as you, don't pass the buck like it was, with Josh Horton it was Cablevision's fault and then it was, I went to the Cablevision and then it was the Town's fault. But let's try to get this straightened out. SUPERVISOR RUSSELL: It could be our fault and our equipment. MR. CARLIN: I come here tonight and we had a lot of difficulty setting this camera up tonight and I can't blame this gentleman here. I am not blaming him, I am blaming Cablevision or whoever the contractor is because the man that was here wasn't here tonight and the information that was important communicating about the equipment, how to hook it up, evidently wasn't performed or transmitted to this gentleman here. So that was poor maintenance or whatever you want to call it. TOWN CLERK NEVILLE: This gentleman is filling in for someone. MR. CARLIN: Absolutely but there is no reason why he shouldn't have been briefed on the equipment. TOWN CLERK NEVILLE: Yes. July 31, 2007 Southold Town Board Meeting Minutes Page 46 MR. CARLIN: Because I worked on the job for many years and we had to communicate back and forth because if we didn't, we was in trouble. Secondly, the air conditioning in here isn't that great. I have been coming to these Board meetings for about 25 years and it is about the same. I can't understand it, Scott, $35,000,000. budget and you have to have no air. I don't understand it. Is your equipment down again or what? SUPERVISOR RUSSELL: Actually, I think the equipment is working about as well as it has all summer. MR. CARLIN: But what is it doing? SUPERVISOR RUSSELL: It is about the best it has been all summer. TOWN CLERK NEVILLE: The equipment is on its way out. SUPERVISOR RUSSELL: I agree with you but you know, you are talking to a guy sitting in a burnt orange chair, so it is not like we spend a lot of money on that stuff but I will tell you with candor, I have actually talked to Ruthanne Woodhull who has worked out a plan with DPW to start investing in this building. I am not inclined to look at a new Town Hall right now, I think we need to start keeping this building in better shape and Ruthanne has talked to DPW about making those investments and I know that Albert just the other day, was looking at the drainage issues for the basement. So we are starting to put focus on this building, that it hasn't gotten for years. MR. CARLIN: But I mean, you are saying that but you must do something like you did with the heating system two years ago. You had to (inaudible) the longer you wait, the more it is going to cost and it is still not solving the problem. Now, now, where do I start here? Mr. Wickham? COUNCILMAN WICKHAM: Yes, sir. MR. CARLIN: How are we doing with the animal shelter? COUNCILMAN WICKHAM: Contracts have been let, the plans are out there. The contractor has begun work, things are moving towards the construction of a shelter of about 7,500 square feet. I think that it will be a shelter that you and the rest of the people of the town can be proud of. MR. CARLIN: I believe there is a fence around there already, right? COUNCILMAN WICKHAM: I think so. MR. CARLIN: How about the sprinkler system? COUNCILMAN WICKHAM: How about what? July 31, 2007 Southold Town Board Meeting Minutes Page 47 MR. CARLIN: The sprinkler system. COUNCILMAN WICKHAM: The Town Board agreed at a recent meeting to make sure that that is in the project. MR. CARLIN: Very good. That was very necessary. COUNCILMAN WICKHAM: I think so, too. MR. CARLIN: What else is new? COUNCILMAN WICKHAM: I believe that is the only step that we took subsequent to approving the contracts. MR. CARLIN: Have the contracts been signed? COUNCILMAN WICKHAM: Yes. MR. CARLIN: So that you will be starting pretty soon, right? SUPERVISOR RUSSELL: The contracts are all signed. All the contracts have been awarded and they have been signed. The work is already underway. The general contractor is in now doing site work and he will, you know, coordinate with the other bidders for the electric and etc. MR. CARLIN: Laurel Lake preservation that is across from my house, what was that really meant to be? Like you said, a trail and all that to the water? What was that? SUPERVISOR RUSSELL: It is a nature trail because the public paid for that, so it is a public access trail for the public to enjoy. That is a joint preservation effort, I think you are probably as well aware as anybody, that was actually preservation on the Town's part, on the State's part, Suffolk County through its water protection fund. There were a lot of jurisdictions that came together to secure the preservation of most of what is around Laurel Lake. MR. CARLIN: That chapel there that they done over, see the shingles the south side of it, nothing in the back was done and I understand it was on overtime. Inside isn't finished but here is one thing that catches my eye. The house has cages in the house to raise pheasants or quail, pheasants in the house. Do you know that? SUPERVISOR RUSSELL: I did not know that. MR. CARLIN: Well, I am telling you. Why they putting cages in the house? To raise quail, 150 quail. Which (inaudible) but why use the house for? The house one time was being considered to be destroyed. But now they find out they want to use it for. . . SUPERVISOR RUSSELL: That is probably a temporary arrangement. Actually that house is July 31, 2007 Southold Town Board Meeting Minutes Page 48 scheduled for demolition. The State of New York will be paying for that, we can't really allow, in fact we were going to loan that to the fire department to do some practice drills and then demolish. The problem is, I haven't gotten the money from the state yet, so I don't want to move forward on that until I get the money for it. COUNCILMAN KRUPSKI: We have a very active stewardship committee who is, who meets on a regular basis and Laurel Lake is one of their focuses and they want to make sure that that site is kept in an appropriate state and not overdeveloped. MR. CARLIN: I am not saying that but it is a nice place, don't get me wrong but the only thing I see what is going on there now and I will be honest with you, there are cars going in there. A lot of people go in to walk their dogs but and that could be used for some other things, where the Town could make some money. It could be used, if it gets fixed up the way it should be, it could be used to have weddings in there or to have barbecues or something. It could be used to make some money. Income for the Town and if that was Mayor Kapell, he would do something there to make some money. In the meantime, it is just, there right now, cars going in there and why isn't it being completed? I mean, why, I mean, you spent $2,500,000 to buy that 6 acres of land and it is half completed, the building. Inside isn't complete yet. It is just dormant right now. During the winter they were there on a Saturday on overtime and now you have got cages in the house there to grow pheasants. . . COUNCILMAN KRUPSKI: We probably find out about the cages. MR. CARLIN: Huh? COUNCILMAN KRUPSKI: I think we should probably find out about the cages. MR. CARLIN: I am pretty sure. I have got pretty good sources. COUNCILMAN KRUPSKI: I know that, I am just agreeing with you. I am not disagreeing with you, I think we should find out why they are there. TOWN CLERK NEVILLE: Mr. Carlin, would you please bring the microphone over to the left side? MR. CARLIN: This side? TOWN CLERK NEVILLE: No, to your left. MR. CARLIN: Like that? TOWN CLERK NEVILLE: No, bring the whole stand over because you are not speaking into the microphone. MR. CARLIN: Oh, okay. Is that alright? July 31, 2007 Southold Town Board Meeting Minutes Page 49 TOWN CLERK NEVILLE: Bring it as close... MR. CARLIN: Alright. I am talking low tonight, right? SUPERVISOR RUSSELL: So far. So far. MR. CARLIN: I can't go through everything but I will try to keep it as short as possible. Helicopters, that is a new issue in the town. Are you finding out why they are all of a sudden coming across the north shore here or the north side? Why? SUPERVISOR RUSSELL: Because it looks like the south shore cut a deal with those trade organizations that represent helicopter carriers to keep the traffic and the noise to a minimum along the south shore. They have redirected traffic along the north shore and then they cut across the north fork, getting to their destination on the south fork. MR. CARLIN: So some politics may be involved there. SUPERVISOR RUSSELL: Certainly another example of why the north fork is stuck with the remnants ofthe south fork's.... COUNCILMAN KRUPSKI: Problems. SUPERVISOR RUSSELL: Yeah. COUNCILMAN ROSS: Transportation. SUPERVISOR RUSSELL: Transportation. MR. CARLIN: Wasn't that supposed to be okayed by the FAA? SUPERVISOR RUSSELL: FAA has no governance in the, no, I called the FAA several times. They haven't been very helpful. They said that they don't regulate low flying helicopters. COUNCILMAN ROSS: We are addressing it, Mr. Carlin. SUPERVISOR RUSSELL: We are addressing it. MR. CARLIN: Okay. Now something up about hotdog stands in this Town lately. Then I notice that you have mention that you want to hire another code enforcement officer. Why? SUPERVISOR RUSSELL: I have mentioned that. I can't say that that is the will of the Town Board. MR. CARLIN: You don't need another code enforcement officer. That is another $50,000- $60,000 on your budget. If one guy can't handle this Town then there is something wrong. July 31, 2007 Southold Town Board Meeting Minutes Page 50 SUPERVISOR RUSSELL: Oh, I disagree. I think code enforcement in this Town has become a huge problem and the growth of illegal housing has made the process... MR. CARLIN: I don't agree with you on that one. SUPERVISOR RUSSELL: Well, come and sit down with me. I will show you the complaints I am getting and show you the issues I am dealing everyday. MR. CARLIN: I will. I will. Member about four months ago, I spoke to you about a turn signal on Wickham A venue on that traffic light there? What was ever done about it? Did you ever contact the county? I think the county is responsible for that. SUPERVISOR RUSSELL: Yeah. I don't think the county has been very responsive. We.... MR. CARLIN: Well, could you follow it through? SUPERVISOR RUSSELL: I absolutely will. MR. CARLIN: Before there is another accident there. SUPERVISOR RUSSELL: That was all hopefully temporary. But we were waiting for the financing for roundabouts which doesn't look like it is going to happen any time soon. MR. CARLIN: Bray Avenue water, I will leave it up to my friend Charlie. Laurel bridge. I know that I spoke to the state many a time about putting up a sign west of my house, a small one, because they have all kinds of signs down there. Vineyards, deer, good clearance, 14 I think and a half feet because we have a lot of trouble with 18 wheelers stopping in front of my house, not being sure that they can make that clearance. And if! am around, they are lucky. Because I go out and climb up on the truck, open the window. First thing comes out of my mouth, are you more than 13'6". That is the state law. If they say no, I say go. But when I am not around, they don't know what to do. And one night, one truck started to back up in the park and it is a problem.. . COUNCILMAN WICKHAM: Mr. Carlin.... MR. CARLIN: And I spoke to the state and the state gave me the response saying that that bridge now hadn't been raised since 1987, that it is in state requirement they don't need any sign. But in this particular area, it should be a sign because it is not on the expressway where everything is normal. They get confused and they stop and they stop and they stop. And it should be a sign. Don't need to have to be a big sign. COUNCILMAN WICKHAM: Mr. Carlin, I brought that, I agree with you and I brought that matter to the Transportation Committee this past Monday, I made the same points you made and in addition, there is a sign that says truck traffic is supposed to detour... July 31, 2007 Southold Town Board Meeting Minutes Page 51 MR. CARLIN: What, I see that. COUNCILMAN WICKHAM: And with that truck traffic detour sign, that is an invitation to truckers to believe that that bridge is going to be too low. MR. CARLIN: Right. COUNCILMAN WICKHAM: So we have asked for the state to do something about that. MR. CARLIN: Yeah. It is a matter of just down by past a little before maybe Edmund Bokina's house on the south side there the sign says bridge clearance. I believe it is 14 Y:z feet when we had that bridge raised in 1987 and the curve straightened out there. That was all (inaudible). Well, I got one more, I have got to find it. When do you think you will, you don't have any idea when that town shelter should be completed before winter time? COUNCILMAN WICKHAM: No. I doubt if it will be completed before winter time. You will have plenty more opportunities to discuss it with us. MR. CARLIN: Well, I hope not because I had enough already. I been having almost 19 years of it. And I don't think it should be held up anymore. I will say one thing before I finish. This is going to be my last thing. Back here is the floor plan of the Raynor shelter plan that we made up from the Raynor Foundation on June 11,2002. And it was a beautiful plan. It needed some fine tuning but that time it was only $1,250,000. That goes to show you when you hesitate and you wait, how much more it increases every year with the cost of living today. And inflation. So, the old farmer used to say, make hay while the sun shines and you know something? I am going to say one more thing to youse and I don't want you to take this like, you know, food for thought. You should put up a placket behind you up there on the wall. You know what it should say? Difficult we do immediately, the impossible takes a little longer. Good night. SUPERVISOR RUSSELL: Thank you, Mr. Carlin. Would anybody else like to address the Town Board? CHUCK LUYSTER: I am Chuck Luyster, I am a beach resident near Kenneys Beach on Leeton Drive. I wanted to bring up one thing but before I do, something you might be able to get on right away. There are no towels in the men's room. COUNCILMAN WICKHAM: There is no what? MR. LUYSTER: There are no towels in the men's room. COUNCILMAN KRUPSKI: Well, you know what he said about the impossible, right? MR. LUYSTER: I wanted to say that I came to some sort of a discussion group meeting on the 17th of July and I listened to Jamie Richter talk about the famous jetty at Goldsmiths' and being July 31, 2007 Southold Town Board Meeting Minutes Page 52 from that area, it was certainly a concern of mine. He did come up with a proposal to the Board, I believe but at least he set it up to be a removal of a third of the jetty. The reason being that the third of the jetty wouldn't offend the people to the west, however, at the same time he said and also a third or even half of the jetty wouldn't do anything to help the beaches to the east. It would only go as far as the Bittner property, if it was a half. If it was a third, I would assume it would go even less. Now as a resident there and a long term resident and someone who has seen, I mean literally seen the beach go away years ago, I am very concerned about that and I hope that that decision is not a solid decision at this point. It was the discussion. I would like to ask that in the next discussion, it there is one involving that matter, that you talk about removing more than 50 percent of the jetty to accomplish something for both sides. The west and the east. Whatever that would be, whether it would be two thirds or whether it would be three quarters or whether it would be just another 25 feet. It should be looked into and as I recall the meeting, when I heard about that meeting, and I think it was, even the way it was written on the agenda it was to discuss the removal of the Goldsmith jetty. Now, you know, you can take that many ways but it sounded like an entire removal in the agenda. No? SUPERVISOR RUSSELL: No. MR. LUYSTER: But it was, what I am getting at, a third does nothing for me and my people that are along that beach and there are 50 homeowners from McCabes beach, 50 waterfront homeowners, from McCabes beach to the Suffolk county camp and that is a lot of people. COUNCILMAN KRUPSKI: One of the problems with the jetty is that it is stuck out so far that once the sand built up on the west side, sand went around it. It couldn't come back to the shore, it all went off shore. By taking a third off, that sand should be able to go around it and get back into the inter tidal zone and continue along. It is not going to restore the beach, you know, to whatever historic levels it was. Whether it is elevation or length but it will not, it will not allow for the accelerated erosion because the sand will continue to flow from west to east. At one third removal. MR. LUYSTER: In your own survey that you had done, that was true. That some of the sand would be accreted but no further than where the Bittner property is. That was the end of it. It shouldn't go any further. COUNCILMAN KRUPSKI: It should continue to move to the... MR. LUYSTER: But these are the experts that are saying that, not me. I feel the way you do. I think if you took a third off it is going to spread all the way to Horton's Point. COUNCILMAN KRUPSKI: It will. MR. LUYSTER: But it doesn't, according to the experts. COUNCILMAN KRUPSKI: Well, the coastal erosion, I have studied that as a Trustee for a long time, the process of coastal erosion and you can do all the scientific reports that you want but July 31, 2007 Southold Town Board Meeting Minutes Page 53 mother nature is going to change things around and we are trying to make an effort there that is a 30 year old problem. And that, 1 think the Board felt after looking at all the different reports and the state spent a lot of time studying this also, 1 think the Board felt that this was the best remediation. Just take a third off. MR. LUYSTER: 1 know that is the way you felt. 1 just want to go on record saying 1 don't feel that way. 1 am not here to argue about it but 1 wish that it could at least be considered to remove more than half ofthe jetty. 1 mean, that jetty is 350 feet long. SUPERVISOR RUSSELL: Jut a clarification, the reason 1 put that on the agenda the last time out was that report came to me when 1 was fairly recently seated as the Supervisor. The recommendation from the report that was done recommended a third. The report was based on the fact that you wouldn't gain any more benefit from going to half. That a third and a half would have the same consequentle benefit. There was no discussion in the report on the entire removal of the jetty and 1 wanted to get clarification from the engineer two weeks ago as to why that was never really explored. The idea of the entire removal and he said that this was all culled from a lot of professional analysis that you wouldn't get to where you want to go with removal ofthe entire jetty either. So what was the best approach on how much you needed to remove and the determination from that report was, one third, one half, you are not going to get any more benefit from going to a half. There were other issues that really weren't factored in, such as a groin that existed at the Bittner property we talked about. All those things need to, 1 think we need to take an effort on addressing all of those things, to get the beach doing what it should be doing down where you are. That would include the removal of the groin at the Bittner property and the reduction ofthe jetty at Goldsmith's. MR. LUYSTER: And what 1 am getting at though, is 50 was the end of discussion there, it was either a third or half. SUPERVISOR RUSSELL: A third or half. Right. MR. LUYSTER: What is wrong with less than a half? That is what 1 am getting at. SUPERVISOR RUSSELL: Well, that is what 1 had that meeting for. 1 had Jamie in to find out why we didn't even explore the opportunity... MR. LUYSTER: Inaudible SUPERVISOR RUSSELL: And 1 am pursuing that with him and again, there was a lot of statistical analysis that was done years before 1 got here that 1 am sorting through to determine whether the entire removal would have been beneficial or not. It seems that all the science suggested that there would have been no benefit to the removal of the entire jetty. But 1 do know that Monty and some other people forwarded information to me and my engineers that we are sorting through now. COUNCILMAN KRUPSKI: Because after so many years, you know, the area kind of July 31, 2007 Southold Town Board Meeting Minutes Page 54 stabilized. It kind of reaches an equilibrium after all those years of the jetty being there, so you are never going to get it back to the system that it was. Even if you took the jetty out, it still would have completely changed. And it is going to take years to, even if taking a third off, it is going to take years to kind of find its way where the sand is going to flow and the water is going to flow again. MR. LUYSTER: No, I understand what you are saying and I don't necessarily agree with everything you are saying but it is that kind of a thing. There is no definite answer. COUNCILMAN KRUPSKI: That is correct. MR. LUYSTER: No one knows. You don't know and I don't know. But all I am asking you to do is look at more than half. You know, taking more than half. That may throw the sand, you know, another 100 yards, 150 yards. Or whatever. But it would finally start getting to where it is really needed. The sand along where Bittner's home is, as you all know and where, it is all open beach. There is no homes there except Bittner's home. There are two little places that are a little further to the west but that part, we really are not trying to save, we are trying to save the beach where people are living. SUPERVISOR RUSSELL: Okay. MR. LUYSTER: Thank you. SUPERVISOR RUSSELL: Thank you. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Mrs. Egan? MS. EGAN: Joan Egan, East Marion again. In regard to the helicopters. When I had a problem with the helicopter too close, I called Republic airport and to the beat of my knowledge they control the air up there. Now the reason for the large helicopter population that we are getting is because of the movie stars and theatrical people over there. They don't want to go on the roads so they helicopter people in. So that is part of it. But I called Republic airport. I got some good results. Now, people are, read in the paper about the cars out here on Friday's for the court and again, I am asking people to come up and spend five or ten minutes on a Friday morning to see what has happened to our lovely town. It is a disgrace. I am getting some good results with my little program ofthe cell phones. Very good results. I am getting the finger, I am getting honked back at but they are getting the message that they don't use it. We had a tremendous amounts of arrests this past weekend for DWl's. And it is getting worse and worse and worse. Now, to the best of my knowledge, as far as the glitch on the cable, it is ever since we hooked up the Town Hall meeting to the computer and spent that money and I objected to it then, maybe it will work out but people are calling me. Mrs. Egan, find out what is wrong. I watch it carefully and the, I believe that is part of the problem. Now whether it is technical and you can work it out, I don't have that kind of knowledge. Somebody else does. So, again, also I noticed and it is getting worse. Parents not taking care of their children in public. They let them run wild. Then let them July 31, 2007 Southold Town Board Meeting Minutes Page 55 do anything they want and then there are lawsuits and problems. So, you have children, you bring children into the world, you take care of them. You don't expect the storekeeper and the manager to take of them. They are your responsibility. And this make the prices go up and you know it is a revolving circle. That is it. Thank you. SUPERVISOR RUSSELL: Thank you. Charlie. CHARLES KA YTON: Charles Kayton, Bray Avenue, Laurel, New York. I am not going to talk about the water, I forgot about that. Now, we have a little problem down the there at the street where we are in Bray Avenue. We have an easement at the end of the block, you know, to go down to the beach. I don't know if you heard about this? SUPERVISOR RUSSELL: Yes, I did. MR. KA YTON: Oh, you did get information on it already? The guy supposedly bought that piece of property, our easement. SUPERVISOR RUSSELL: My understanding was that the closing hasn't taken place yet and I have called Suffolk County Department of Real Estate. MR. KA YTON: I talked to Ed Romaine today and he said that he took the fence down. He put a gate up there and they locked it so that we couldn't go down there. SUPERVISOR RUSSELL: This is the problem. Easements, rights of way to beaches need regular attendance and regular maintenance by homeowners. You can't presume that your rights are always absolute. You have to protect them. This is a case where it wasn't protected. MR. KA YTON: No, no. You are wrong. SUPERVISOR RUSSELL: Taxes lapsed. The underlying fee. MR. KA YTON: Them guys that done it all the time. I have done it myself. I cut the grass down there for a month this year. SUPERVISOR RUSSELL: I am talking about taxes. Underlying fee. This is how you keep a title from going to the county. MR. KA YTON: Right. SUPERVISOR RUSSELL: The problem is that no one paid taxes years ago. The county under Suffolk County tax act, can sell the property to any adjoining property owner of that piece without going to auction. The owner next door bought the piece. I presume with the fence, trying to extinguish people's right to use it but just because he bought it doesn't give him the absolute right. In other words, he didn't buy the whole bundle of rights, you still have the right to use it, you just have to assert that right. I talked to one of your neighbors the other day and July 31, 2007 Southold Town Board Meeting Minutes Page 56 told him that if the situation does get sticky, you are going to really need to retain counsel to assert your right to use that. But it is a private, civil issue that the Town can't involve itself in other than asking the county not to transfer title if they haven't yet. MR. KA YTON: Well, Romaine said that he doesn't go for it at all. He said he is not going to allow it. I don't know if.. . SUPERVISOR RUSSELL: That is right. Well, that is the county's bailiwick. They have tax deed on it. MR. KA YTON: He only bought it for $11,000. Why didn't they ask us? We would have bought it ourselves for $11,000. There is 170 people on that, that use that beach. That is what I wanted to talk to you about. Is there anything you can do about that? SUPERVISOR RUSSELL: We can ask the County's Department of Real Estate not to send title over to that owner. I don't know if they have or not. I got two reports, one that the closing took place, one that it didn't. But we can all ask. But these are, at the end of the day, private, civil property rights issues and you really need to assert your rights and it is probably best to get counsel to do that. MR. KA YTON: Well, we got counsel already. SUPERVISOR RUSSELL: Good. MR. KA YTON: But I just thought maybe I wondered if you fellows heard about that because they have been doing it, they have been going down the block, they have been doing it. SUPERVISOR RUSSELL: It happens all over Southold Town. It has been happening, in my 17 years in my Assessor's office, I saw more people lose more rights of way because they go out and they enjoy it, they use it for years, never stopping to say, what is happening to this tax bill? Where is the tax lien, where is title? And what happens is someone comes along and buys it from the county and tries to extinguish other people's rights. Happens all the time. MR. KA YTON: That is nice. Ain't that nice to know? Beautiful. Nice. Meanwhile we have been taking care of it for 60 years and we are going to have somebody else moving in and cut us off from going down to the beach. SUPERVISOR RUSSELL: No. You need to protect your rights. It is private property rights. You have to assert them. MR. KA YTON: Well, we did. We took the fence down. We took the fence. It is gone. Ed Romaine said he took the fence down but I don't know who took it down. I know it was gone. SUPERVISOR RUSSELL: If the county took it down, it doesn't sound like they closed title yet. July 31, 2007 Southold Town Board Meeting Minutes Page 57 MR. KA YTON: One more question while I am here. You know, I found down in that lot, there happens to be 10 pools down there. SUPERVISOR RUSSELL: Yeah. They are shallow, the water table is too high there. I did call your neighbor about three weeks ago and ask her to bring you in to show you the drainage plan that we worked out for that property, that we would like to start in a couple of weeks. MR. KA YTON: Alright, so you got something you are going to do something about it? How about trying to clean out those wells? SUPERVISOR RUSSELL: They are just not deep. They don't hold any water. The water table is so high there that those rings are only four feet wide and a few deep. So it just, it doesn't hold any volume. MR. KA YTON: You know what is in there. That has been 30 years before that backed up, you know. SUPERVISOR RUSSELL: No, the water table is awfully high there. There is a lot more rain on that street now than there was 30 years ago. MR. KA YTON: How about digging them a little deeper? SUPERVISOR RUSSELL: That is what we are trying to do. We are going to excavate out that whole thing. I did want to sit down with you and run that plan past you. I asked Connie to call you so you can come in and talk to me about it. MR. KA YTON: One of her houses burned down, so she was busy over there. SUPERVISOR RUSSELL: Okay. But please come in to see me about it. MR. KA YTON: Thank you. I will be in to see you about it. SUPERVISOR RUSSELL: Thanks, Charlie. Would anybody else like to address the Town Board? LINDA GOLDSMITH: I am Linda Goldsmith. I wanted to specifically ask Mr. Wickham about an article in the Suffolk Times last week. I missed last week's Board meeting. I think it was regarding traffic and the Heritage project. COUNCILMAN WICKHAM: I am not familiar with what the Suffolk Times wrote but I will be glad to try to address your question. MS. GOLDSMITH: I think that you had, I believe that this is what it was and I was a little confused about it as well. About the Town doing its own traffic study and not relying on the developers traffic study because of a concern of traffic exiting onto Route 48? July 31, 2007 Southold Town Board Meeting Minutes Page 58 COUNCILMAN WICKHAM: I have suggested from time to time and I meet from time to time with people who live in Cutchogue and who are concerned about that project. A number of the residents there are concerned that this project is going to place a very sharp traffic problem in the village ofCutchogue. A lot of people are concerned about that. The Planning Board has control of the whole process of this project. It really isn't a Town Board matter. But because I live in Cutchogue and because people ask me, I express my views about it from time to time. It is really before the Planning Board not before the Town Board. But when I was approached I suggested that if the Planning Board should ask the Town Board for funds for the Town to undertake a traffic study on the Town's own motion, that the Town should do a study not just leave it to the applicant, that I would support that motion. I am waiting to see if the Planning Board is going to make such a proposal. Because I think, I think that there are innovative solutions that could make that project have less impact on Cutchogue hamlet. There was some thinking outside of what has been proposed so far. But is not up to me or the Town Board to, what is the word, impose a solution on that project. Now as you probably know, they have a positive declaration, there is going to be considerable environmental analysis and the traffic analysis will clearly be a key part of what comes out of that project. MS. GOLDSMITH: Has the Town done traffic studies such as this before? Has the Town or the... SUPERVISOR RUSSELL: Can I just interrupt for a second? I have been meeting with the stakeholders regularly. Traffic in Cutchogue is a problem regardless of the proposal for the 125 condos. Traffic is a historic problem, it has been dealt with historically. Dick Noncarrow led the charge when he was alive, the stakeholders are wrestling with the idea of how do we solve the traffic problems in Cutchogue? We have visibility problems, we have lights that mayor may not function well. I suggested to the stakeholders actually a few months ago myself that rather than try to sit there and be engineers yourselves, as stakeholders you should recommend to the Town Board that we get you some professional assistance in coming up with a traffic solution for Cutchogue. The problem with the Heritage, the 125 condos, is that it is not going to create a traffic problem, it is going to exacerbate an already existing one. MS. GOLDSMITH: Right. SUPERVISOR RUSSELL: And what we have fundamentally is this historic, two lane road going through Cutchogue that just doesn't seem to bear the traffic well now, whether the Heritage is on the table or not. I think that is what Tom was more or less saying, that look, there is a larger issue here. I can't speak for him but there is a larger issue with traffic in Cutchogue anyway. The Heritage only being one small part of that. I think the stakeholders should be proposing that. MS. GOLDSMITH: Right. I think that is great. I was delighted to see that the traffic, you know, through Cutchogue and hopefully, the traffic on other projects will be a concern of the Town Board and thank you very much for being concerned. July 31, 2007 Southold Town Board Meeting Minutes Page 59 SUPERVISOR RUSSELL: I have to tell you, traffic is a substantial problem in every part ofthis Town. That is why last year when I voted against the traffic study, I wanted it to be broader in scope to include all of these issues. Mattituck, Cutchogue, East Marion, wherever you are now, it is not what it was 20 years ago. We all know that. COUNCILMAN WICKHAM: You asked if there was precedent for the Town doing this? MS. GOLDSMITH: Yes. COUNCILMAN WICKHAM: As the Supervisor just mentioned, the Town Board did engage a traffic consultant last year to do a corridor wide study of the whole town. I am not, I don't know that there is precedent to do it on a specific project like this or for a specific project and that is why it really needs to be for the hamlet ofCutchogue as a whole. COUNCILMAN KRUPSKI: I think if they coordinated with them, the stakeholders maybe but usually with a specific project, the applicant would pay for the study because they are the applicant and it would be at the Town's direction. MS. GOLDSMITH: That was my next question. COUNCILMAN WICKHAM: But the applicant has already done that. COUNCILMAN KRUPSKI: No, the applicant would pay for the Town's engineer. MS. GOLDSMITH: Okay. Thank you very much. I am very happy to see that that is a concern. I have another question. Recently I was issued an order from the code enforcement to demolish an old, broken down building on some property that I own and that is all well and good, I kind of expected it and I just put it off until I got caught, I guess you could say, not got caught but it is a family owned piece of property and there was some issues going on. So I got someone to come take a look at it and they won't touch it because they say it is wetlands and I have to get a DEC permit. Which is fine but it would be really, I don't know if you can even do this but it would be helpful if when an order is issued to demolish a building if maybe the people were told, oh, by the way, you know, you need, this is wetlands. I guess I realized it was a swampy piece of property but I didn't realize there was an underground little stream running through it, so it is just going to take some time and it would be helpful to, you know some of us, I guess I probably knew it was marshy but I don't think I actually knew I needed a DEC permit and I don't even know if that is something that code enforcement can tell people, you know? COUNCILMAN KRUPSKI: They might not be able to but if you have any questions like that you can direct them to the Town Trustees office and they would be able to help you. MS. GOLDSMITH: Okay. Thanks. Okay. Could they at least give me the right person to contact in the DEC to get this started. SUPERVISOR RUSSELL: Contact me tomorrow, I will be happy to help you with that. July 31, 2007 Southold Town Board Meeting Minutes Page 60 MS. GOLDSMITH: Okay, thank you. SUPERVISOR RUSSELL: Does DEC have authority in Orient, East Marion? I thought they stopped at Greenport? I am just joking. MS. GOLDSMITH: No. No. And the other question is, I am assuming that all of you have a great deal of influence with Jim McMahon, I hope because I am not on the school board anymore and the project they started with the playground is not completed. Jim assures me, I have spoken to him, and I do understand, it is a lack of manpower rather than a lack of will or a lack of dollars but this is like the fourth or fifth summer without the promised playground and part of the reason why I didn't run for the school board again was because I wasn't keeping my promises. So if you have any influence or any people who aren't doing anything, please send them down. There are a few issues. There is a swale of land that sort of goes down like this and there is no fence but otherwise what is there is working really well and it is used continually and the reason why I am asking now is we are demolishing the playground at some point this coming year, actually very soon probably the next three months, at the Oysterponds school, which means there won't be anyplace from really, except for the state park and I really have to discount that but from Orient Point up to maybe Tasker Park in Greenport. There really won't be a playground area, so you know.. . SUPERVISOR RUSSELL: Come and sit down with Jeff and myself and Jim later this week because I remember meeting with you on that last year and there was some issues on siting and some confusion as to where things were supposed to go. MS. GOLDSMITH: Alright. Thank you. SUPERVISOR RUSSELL: Thank you, Linda. JUSTICE EVANS: Will you also bring up the Fishers Island exercise trail? SUPERVISOR RUSSELL: I thought we already hired someone? Yeah, I will talk about that. Ann, I am sorry, go on. ANN MURRAY: Hi, I am Ann Murray from East Marion and I was confused this morning listening to the work session about the moratorium and whether or not it applies to the cell tower in East Marion. I thought it did except it, well, explain to me which part of it does not apply because I am still confused and I think other people are interested as well. SUPERVISOR RUSSELL: The cell tower in East Marion was already permitted. What they are in to the Zoning Board of Appeals for is the co-location of Cingular, I believe. What we did with the cell tower moratorium was to exclude, any permitted cell tower would be excluded from the moratorium. The co-location would not be the issue of this moratorium. Because the cell tower is already there. The co-location is a function of something that is already there, the idea is to address cell towers before they are built. All this does is allow East Marion to continue through the ZBA process. It doesn't give them cell tower approval. July 31, 2007 Southold Town Board Meeting Minutes Page 61 MS. MURRAY: Can you explain what co-location is? SUPERVISOR RUSSELL: Yes. There would be a tenant on that pole, presumably the sponsor, Cingular or other. COUNCILMAN WICKHAM: Co-location means if you have already a tower and there is one wireless company already with an aerial, co-location is another one to be put up there with it. And what the Town Board did this morning was agree to remove that from the moratorium and allow co-locations to go forward. MS. MURRAY: That are in process already? Okay. COUNCILMAN WICKHAM: Yes. And specifically.... TOWN ATTORNEY FINNEGAN: If a co-location is going to go inside of an already permitted tower... MS. MURRAY: Like the church steeple. I understand that. TOWN ATTORNEY FINNEGAN: If it is going to go inside something that has already been approved as a tower and there is nothing on the exterior, no external equipment whatsoever, then it can go through. MS. MURRAY: Okay. So anybody interested in further comment on the East Marion cell tower at this point should address the ZBA? SUPERVISOR RUSSELL: Yeah. All we did was allow that process to adjudicate through the ZBA. MS. MURRAY: Okay, great. And I was unable to stay for your sewer discussion in Mattituck which I think is really important. Could you explain to us what the status of that is? (Inaudible) SUPERVISOR RUSSELL: Yes. We had actually met with the Suffolk County Water Authority, the Suffolk County Department of Health and stakeholders and representatives from the Love Lane group about a week ago. Suffolk County Department of Health will scale and scope a sewer study for us to discuss sewage capability, municipal sewage capability in the Mattituck halo of the stakeholders recommendations. They will agree to scale it and scope but if we have to go out for a study, Suffolk County Water Authority will agree to pickup the bulk of the cost of the study, which probably will be in excess of $100,000. Suffolk County Water Authority says that that is good planning, it is part of their groundwater protection initiative so that they can use some of the money that they receive from the quarter percent money for funding the study. What we need is the expertise of the Department of Health just to figure out the scope and scale of the study. July 31, 2007 Southold Town Board Meeting Minutes Page 62 MS. MURRAY: Is it the Town Board's plan to put sewers in Mattituck or is just a study to see if this is feasible? SUPERVISOR RUSSELL: It is a feasibility study. We want to know what costs would be involved, how far and broad the plan would be, do you need to narrow it, do you need to broaden it? What is the, you know, the economics of the whole things. Principally to figure out if there is feasibility and does it make economic sense down the road? Can we achieve our planning goals this way? Also there is the TDR approach, which we did talk to the Department of Health about looking at the TDR approach as one of the concepts as they march forward. I have already agreed to send them the information on the TDR report that we are working on. COUNCILMAN WICKHAM: I would like to respond to that question. I don't think that the Board has really, it is first we took it up today and Supervisor outlined his meeting and it was information that we all found quite useful. I don't think that the Board has come to the conclusion that you asked. Is it the policy of the Board? I feel and I think others on the Board feel that if we are serious about the halo concept and developing the hamlets in the way that we have been talking about them with the stakeholders and all of that, we are going to have to address the infrastructure needs of those hamlets. We have done quite a good job on the preservation side in this Town, we have preserved a lot of acres. The flip side of the coin is what are we doing in the hamlet center? My view is that some form of sewerage management is going to be essential for a healthy hamlet center in Mattituck, in Cutchogue and in Southold. As the Supervisor said, we have no idea how much this is going to cost. When the numbers become clear, it may not, it may be apparent that we are just not ready to go there. But at least we ought to be looking into it. MS. MURRAY: Well some might argue that sewers would just increase development but I will sort of let that go for the moment. I just wanted to know your intent with this. And my last question is, I am on the stewardship committee and I know about Laurel Lake but this is the first I have heard ofthe quails and I really urge you to get to the bottom of that. SUPERVISOR RUSSELL: I am still shocked to find out that Dan Quayle is in a cage at the Laurel center. MS. MURRAY: I don't understand it, it is funny. SUPERVISOR RUSSELL: Just to let you know, the sewer study was recommended through the stakeholders. That was actually a recommendation that came through them. MS. MURRAY: The Mattituck stakeholders. SUPERVISOR RUSSELL: Mattituck stakeholders. MS. MURRAY: Okay. Thank you. ROBIN IMANDT: Hi, Robin Imandt, East Marion. A couple of things, one is regarding the cell July 31, 2007 Southold Town Board Meeting Minutes Page 63 tower in East Marion. The stakeholders are working very hard there, they meet every week, as I am sure all the stakeholders do, to come up with a good plan for the halo district. And I think it is just absolutely insane to drop a cell tower in the middle of that area without thinking about what we want to do with the halo district. So I just don't understand why that would not be part of the planning instead of put it down and then plan around it, is basically what would happen. SUPERVISOR RUSSELL: The Town Board didn't authorize the cell tower, it merely allows the ZBA to do their thing because they are considering the application as we speak. The permit already has been written for the cell tower. MS. IMANDT: Right. SUPERVISOR RUSSELL: The only issue is the second or the co-location of another tenant. That is for the ZBA to sort out with the applicant. It doesn't, we don't in any way, we don't have the authority to say you can have a cell tower. That is before the ZBA and for the fire district. MS. IMANDT: So is there no way of stopping that project at this point? SUPERVISOR RUSSELL: You need to address all of your concerns with the Zoning Board of Appeals. They are the body with the authority to hear all complaints and all points to deal with. MS. IMANDT: But I am just asking you, do you know if there is anything that can be done to stop it or are we just talking about this other antennae or whatever it is. COUNCILMAN KRUPSKI: They already have their permit. They can build that tomorrow. MS.IMANDT: Right. Okay. COUNCILMAN KRUPSKI: And we don't, the Town Board doesn't issue the permits for a cell tower. What we are trying to do under the moratorium is to control the sort of scattered growth of cell towers throughout the Town, that is all we are trying to accomplish. So that when applications come in, they would be... MS. IMANDT: And you are saying that anybody that already had a permit is not part of the moratorium, is that correct? COUNCILMAN KRUPSKI: That is correct. SUPERVISOR RUSSELL: For the co-location issue only. MS.IMANDT: Okay. The other thing I want to ask is, the stakeholder recommendations: what is going to happen with those? How are you going to decide to take the recommendations and do something, what is the process that is going to happen with that? SUPERVISOR RUSSELL: The, as we are in the second phase of the stakeholders initiatives July 31, 2007 Southold Town Board Meeting Minutes Page 64 now, they will be identifying priorities on what they want to see in their hamlets and what they don't want to see. They are also going to have to assist us in the implementation aspect. In other words, you might say you want to see a green, central, green park in Mattituck. You need to help us locate where you would want it and how we are going to pay for that. All of that is part of the process with the Town Board. Now they actually report to the Planning Board for that implementation aspect, but some of the issues and I know you were at the meeting I had out in East Marion, those are larger issues, those are rezoning issues, they will have to develop some sort of public consensus in East Marion, to bring it to the Planning Board before they can bring it to the Town Board. MS. IMANDT: Okay, so let's assume there is consensus on a particular, let's say they want to preserve it and they have consensus and they come to, you are saying the Planning Board? SUPERVISOR RUSSELL: The Planning Board. And then the Planning Board reports to the Town Board that the stakeholders identified this as an area in need of preservation or protection, then we need to step in and they need to help us figure out how to achieve that. MS.IMANDT: Okay. So you are going to take the recommendations as what you, how you are going to proceed from that point on, assuming finances and whatnot? SUPERVISOR RUSSELL: Yeah. I don't think we are going to be a rubber stamp for recommendations, they have to be vetted through our process to see what makes sense to us and what doesn't and we have issues that are more global than just each hamlet. So those all have to be factored into our decision making but certainly using the hamlet recommendations as a starting point for activity and we want them to guide their hamlet's future. MS.IMANDT: Right. Okay. And one last thing, and this is on sound, my favorite topic. I live across the street from the Blue Dolphin in East Marion. The Blue Dolphin is zoned as resort residential and the Town code says that the sound cannot leave the property line if you have that particular zoning and believe me, it does. It not only leaves the property line, it shoots down Rocky Point Road about a mile and before you came into office, you said you were for a sound ordinance. . . SUPERVISOR RUSSELL: A noise ordinance. I still am. MS.IMANDT: . ..so I would like, a noise ordinance. SUPERVISOR RUSSELL: I still am. I think we could craft one that is reasonable... MS.IMANDT; So what are we, when is that going to happen? We still are being driven crazy by these people. SUPERVISOR RUSSELL: I am still trying to get an animal ordinance passed. Everything is problematic and you know, we are certainly, I met with people several times to discuss some of the framework. I actually met with contractors recently who have a lot of opposition but they July 31, 2007 Southold Town Board Meeting Minutes Page 65 need to understand that a lot of this is a common sense approach setting reasonable hours. MS. IMANDT: Right. COUNCILMAN WICKHAM: Why don't you drop the animals and just work towards the noise? MS.IMANDT: Well, I don't think... SUPERVISOR RUSSELL: Because the animal is really quite an important one. MS. IMANDT: I missed what you said. COUNCILMAN WICKHAM: I asked the supervisor, why doesn't he drop the animal ordinance and work with the noise? MS. lMANDT: Right, I would like... SUPERVISOR RUSSELL: It is a question of priorities... MS. IMANDT: I know but when you were running for office it was a priority, now you are running for office again. What happened? You know? Where is it? SUPERVISOR RUSSELL: Because my priority also was illegal housing, which I have talked about one hundred times. I have proposed, I have put on the table here. I have gotten no good reception for that but all of those are apriority. MS. IMANDT: Right. SUPERVISOR RUSSELL: The Blue Dolphin is next to you, so that might be your priority but I have illegal housing all over town that happens to be those neighbors priority, so... MS.IMANDT: I have that, too. SUPERVISOR RUSSELL: And I have been addressing that. I have been out there, I have been violated, I have beefed up the code. It is all coming. MS. IMANDT: And that is great and I think that is fantastic. SUPERVISOR RUSSELL: That is all coming. MS. IMANDT: And I know that you find some people that are across from me in the other direction but what I want to know is what has happened with the noise, sound what ever you want to call it, ordinance? SUPERVISOR RUSSELL: It has been de-emphasized by me while I am trying to work on all July 31, 2007 Southold Town Board Meeting Minutes Page 66 those other things. To be quite frank. MS. IMANDT: Well, I don't appreciate that. I just want to say and I feel that it is important and... SUPERVISOR RUSSELL: I am not saying it is not but I am trying to do everything at once... MS.IMANDT: Well, when you de-emphasize something you say it is not important. SUPERVISOR RUSSELL: ...fining, enforcing. No, I am not saying that it is not important. What I am saying is that they are all important and I need to move those forward as I can. I have been moving things forward, increasing the fines, doing all of, all of it is part of a grand scheme. We also would like to see a light ordinance but that is another issue for another day. MS.IMANDT: I agree with you because they do that, too. I just want to say the part that I don't understand is, there is already a Town code that makes them do the thing that we want them to do, which is keep the noise on their side of the property. Why can that not be enforced? SUPERVISOR RUSSELL: Ask the Town Attorney. But we haven't had luck and success in prosecuting in court on that. MS. IMANDT: Why is that? TOWN ATTORNEY FINNEGAN: Well, let me ask you a question about that. Have they been contacting the police about disturbing the peace or anything like that? MS.IMANDT: Oh, about one thousand times, I am guessing. We even did a FOIL request. We have a stack of police complaints about the Blue Dolphin. TOWN ATTORNEY FINNEGAN: Okay. A lot of the noise ordinances, in order to enforce them, you need to have a meter in order to register the noise which we don't have. MS.IMANDT: Yeah. Okay, but the code says it shall not leave the property line. So if you are the property line and I am over here, if I hear it, it is going; we don't need a meter for that, we just need ears. So what can we, can we do anything about that? COUNCILMAN WICKHAM: I would like to see at the next Town Board meeting, have this on our agenda and have it as a discussion during the work session working toward a more enforceable noise ordinance. I agree with you and I am looking to the rest of the Board for support. SUPERVISOR RUSSELL: I agree as well and I would hope that the Town Board shares my passion for working towards enforcement on the other issues, too, such as illegal housing. So all of these have to be moved with equal might. July 31, 2007 Southold Town Board Meeting Minutes Page 67 MS.IMANDT: We have to multi-task, you know? SUPERVISOR RUSSELL: With equal might because they erode quality of life throughout the entire community. MS. IMANDT: Exactly. SUPERVISOR RUSSELL: There are people that don't have noise issues but they have other issues and they need to be addressed. And we need to move them all with equal might. MS. lMANDT: That would be great, thank you. SUPERVISOR RUSSELL: Thank you. Anybody else? Mr. Carlin? MR. CARLIN: One more thing. I live in Laurel by the railroad tracks. Behind my house about 75 feet or 100. lived there for 50 years. I know the railroad was there for 50 years. 4:30 in the morning, the trains come out for the golf course crossing there, vibrates my house, 6:00 in the morning he comes back. During the afternoon he comes out and the evening he comes out at 7:50. I know the whole schedule, on the way to Greenport. Going back, he blows the horn, my house vibrates. You learn to live with it and to have a restriction on how sound can, on the borderline of property is ridiculous. Let's go to db's. That is what sound is measured by. When you start saying that sound can't go past that wall, forget it. SUPERVISOR RUSSELL: Mr. Carlin, you know, you raised a good point. I have been researching noise ordinance for the year and a half I have been here. They are very problematic with enforcement and they really get down to scientific levels. They also, we need to do a lot more community outreach because people have the right to make noise. I can't guarantee that everybody is going to live in complete harmony and quiet. It is a balancing act. The noise is an important issue but all these other issues are just as important. I have been moving all of them and I haven't seen her come up and champion any of them but they are all important to everybody town wide. MR. CARLIN: I live on the Main Road and trucks go by blowing horns, motorcycles go by. You learn to live with it. You bought the house there and that is the way it is, you have to live with it. More or less, you know, happy medium. SUPERVISOR RUSSELL: It is what it is. MR. CARLIN: Sound can't go over your property line? SUPERVISOR RUSSELL: It has to be reasonable give and take. MR. CARLIN: I have never heard of that before. Never heard of that before, sound goes over your property line. July 31, 2007 Southold Town Board Meeting Minutes Page 68 SUPERVISOR RUSSELL: Okay. Anybody else? STEVE LePRE: Steve LePre. You just said you are going to have a special meeting on illegal housing. Is that going to be any time soon? SUPERVISOR RUSSELL: A special meeting on..., no, I have been addressing the issue of illegal housing for a year and a half with the Code Enforcement Committee, with the different departments, I put a permit, a rental permit law on the table. I would like to see the Town Board take it up. It is in their hands. MR. LePRE: Now when you say illegal housing, you are meaning a bunch of people renting one house and it is overfull? SUPERVISOR RUSSELL: All illegal housing. I mean illegal basement apartments, garages that have been converted to housing. I mean all of it. And a rental permit law is the best way to ensure that number one, people are following state building code for fire safety and everything else. And also, there is another issue here, I don't think we are doing people any favors when we look the other way because people have been exploited. And it will bring some, this is probably the biggest growth industry in Southold Town housing because it is certainly the most scarce and I don't think it is unreasonable for the Town to bring some oversight into this part of the industry. Into this industry, into this growing industry. To make sure it is being done fairly, honestly and safely. MR. LePRE: Right. Well, we all know why there is illegal housing is because pretty much nobody can afford a house, so they turn their garage into a house, rent it out, help on the. SUPERVISOR RUSSELL: I don't think that is completely true. I think there is a lot of illegal housing because there is a lot of money to be made. That is why. These are absentee landlords in many cases. They already own the, they bought it for a rental income. They didn't buy it to convert the garage to get by, they bought it to expand their profit margin. MR. LePRE: Are you going to have any more, I noticed there is a project going on by the railroad tracks in Mattituck, that was all. . . SUPERVISOR RUSSELL: Yeah, the affordable housing? The Cottages. MR. LePRE: Ummm... COUNCILMAN WICKHAM: Will there be anymore of those projects? MR. LePRE: Will there be anymore or...? SUPERVISOR RUSSELL: We certainly hope so. We have people coming in regularly making presentations to the Town and a few look like they have promise. July 31, 2007 Southold Town Board Meeting Minutes Page 69 MR. LePRE: I originally was in with the one in Mattituck behind the one, that used to Lindsay's over there? SUPERVISOR RUSSELL: Yes. That would be Gabriella Court. MR. LePRE: Gabriella Court. And you look at that one and then you look at the one that is being built in Mattituck and I took a drove through and I was just, like wow. This is what we came down to? I mean, what are they? One, two bedrooms? SUPERVISOR RUSSELL: They actually going to be attractive houses. MR. LePRE: Everybody calls it a cottage. I am like, okay. Look what they built in Mattituck. That is a house. And... SUPERVISOR RUSSELL: Well, I think the problem with the one in Mattituck, their houses are selling for $450,000. to $500,000. so there really is no perpetuity of the affordability. MR. LePRE: Right. But I guarantee you that there is going to be illegal housing in a little cottage. COUNCILMAN ROSS: I can guarantee you there won't be. COUNCILMAN EDWARDS: Absolutely. MR. LePRE: I am just saying, it is a very small house. COUNCILMAN ROSS: It is. And it was intended to be a starter house and no one will profit from it. It is a place for people to live and get started. If you want to save money, if you want to make money, put it in the bank or the stock market. If you want a place to live, that is what the project was for. SUPERVISOR RUSSELL: Steve, as a point of information, I also supported and proposed that we ease the restrictions on the current accessory apartment legislation. It is very restrictive in Southold Town and people can't get authority to put in accessory apartments because of these arcane laws that make it very difficult. I think we should move that all a little bit, move that line to allow easier access to those. But once we do that, we have to be serious about what are we going to allow and what aren't we going to allow. Because once we move that standard, we have to be willing to say this is the standard and if you cross this line, we are going to do something about it. I keep saying this, Southold Town, my friend Joe Lizewski says, it is known as the land of 'no'. It may be but is also the land of go ahead and do it anyway because we don't do anything about it and that is the perception that has to be changed. MR. LePRE: Right. That is the entire United States, there. Like for instance, I know there is houses full of illegal immigrants and that would help the problem right there if you pass July 31, 2007 Southold Town Board Meeting Minutes Page 70 legislation on illegal housing but that opens a whole new can of worms. If you didn't have illegal immigrants, 90 percent of the illegal housing is filled with illegal immigrants. So... COUNCILMAN WICKHAM: I don't think we can make that judgment. COUNCILMAN EDWARDS: We don't know that. MR. LePRE: Well, I am just saying in my opinion, you know. But, I mean, you see it. It is right in front of you. Everybody knows. In any case, I am just curious if there is going to be another low income housing, is it going to be like something better than what was in Mattituck? COUNCILMAN EDWARDS: I don't think there is anything wrong with what is in Mattituck. I think everybody on this Board with the exception of my colleague to my left, supported the construction of that project because those are basically two bedroom, starter units. They are not intended for somebody to invest in and sell for three times what they paid for a few years later. What we are trying to do is create some affordable housing in the Town that will remain affordable. And that is what those units are. They are not four bedroom houses and they weren't intended to be. SUPERVISOR RUSSELL: And I have got to be honest. I am 43 years old. I have owned my house, this is my third house. I have owned it for 10 to 12 years. Every house in The Cottages is not only bigger than mine, it is on a bigger piece of property than mine. And I, you know, I am not sure they are these humble little abodes that you are making them out to be. They are, generally, starter housing, of course, I am still living in my starter house. MR. LePRE: Well, I mean, one house is, has to be 50 feet from the railroad tracks. SUPERVISOR RUSSELL: And my house is five feet from my neighbors house. That is what the location allowed for. MR. LePRE: Right. If that is the only location, I just hate to see what the next location is going to be. But I am just curious that there are going to be opportunities down the road for more, you know, housing to buy. Even ifit is those, at least it is getting people out of the illegal housing. SUPERVISOR RUSSELL: We are working on it every day. COUNCILMAN WICKHAM: There are two ways that affordable housing is being built here. One is through a project similar to the one in Mattituck. You asked if there will be more of these, if an applicant comes forward with a piece of property and wants to do it, I am sure the Board will take a look at it. At the moment, there is no other active application, at least that I am aware of. The second approach is through what we are calling inclusionary housing such that in any subdivision with X number of units, between 10 and 25 percent of those units need to be affordable, according to our guidelines. In that case, it will be scattered in different locations, not just one project. So both of these approaches, the Town has adopted legislation and both are actually being creating new affordable houses. July 31, 2007 Southold Town Board Meeting Minutes Page 71 MR. LePRE: Right. Okay. Alright. That is it. Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? (No response) Can I get a motion to close? 29. Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:85 P.M. . . . . . /}:"'l.;nJQ.~ ~';..Nevi1le Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell