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HomeMy WebLinkAboutTB-07/17/2007 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 17,2007 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, July 17, 2007 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 4:30 PM with the Pledge of Allegiance to the Flag. I. Reports 1. Recreation Department May 2007 2. Justice Court Monthly Report - June 2007 Judge Price 3. Town Clerk Monthly Report June 2007 4. Justice Court Monthly Report - June 2007 Judge Bruer II. Public Notices 1. Notice to Renew Liquor License Donielle's Restaurant, Inc dba DoLittles III. Communications IV. Discussion 1. 9:00 A.M. Transfer Station Developments James Bunchuck July 17,2007 Page 2 Southold Town Board Meeting Minutes 2. 9:30 AM - Conservation Advisory Couucil Update 3. 10:00 A.M. Automotive Electric Vehicles Gary Birke, Motorworks Clean Vehicles 4. 10:30 A.M. Goldsmith Jetty Jamie Richter 5. Peddling Permits (Vending) 6. Director of Planning 7. Proposed Local Law Shellfish and Other Marine Resource 8. Domestic Animals 9. Wind Energy Local Law 10. Unsafe Building 11. Ryder Farm Lane Update 12. Dredge Committee Councilman Krupski 13. Town Hall Maintenance Councilman Krupski 14. Executive Session Litigation 15. Executive Session Personnel Openine: Statements SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. Would anybody like to come before the Town Board and address any item that is on the agenda? Joan Egan JOAN EGAN: Good afternoon, Joan Egan, East Marion. Didn't have a chance to get through the book. Well, you will have to bear with me. We didn't get these until after 4:20. Okay, well, we will survive. How is everybody? All cooled down. You had better get those doors fixed. Page 2 July 17,2007 Southold Town Board Meeting Minutes Page 3 We had a bad problem this morning, we couldn't get out. SUPERVISOR RUSSELL: Problem with these doors? MS. EGAN: Mmmhmm. Had to tell them to go around and open them from the outside. COUNCILMAN KRUPSKI: As long as you could get in. MS. EGAN: No, no, no, no, dear. I wanted to get out. It wouldn't open it is in bad shape. Okay, I am sure that you have all checked the justice reports from Judge Bruer and Judge Price. Check them out. Oh, item 610, that warmed my heart. That was for Ms. Michelle Martocchia and I have very fond memories of AI Martocchia. He was a good, huh? (Inaudible) Is this system working? You are not hearing me? Okay. So that is very nice. She is a very hard worker and she is very polite and it is good. We have had one that said bye-bye and I am delighted she is gone. Good. Good riddance to bad rubbish. Now, what is this 611? SUPERVISOR RUSSELL: That is, actually it is pretty much a budget mod. (Inaudible) We are moving that to home improvements Home Improvements for 2005. Home Improvements would be for qualified applicants who need help with making their house handicap accessible etc. MS. EGAN: Oh. Good. Now, item 612. Again, I don't know why it is necessary for Mrs. Neville to go to, where are we going to this time? Ithaca. I think all of these things can be done by phone or computer. And every time Mrs. Neville comes back, it is something new for the agenda that costs us money and the book gets thicker. I think it is wrong. Now item 613. I suppose it would take an act of Congress to change that Program for the Aging name, wouldn't it? Mr. Ross, what do you think? You weren't listening. COUNCILMAN ROSS: Inaudible MS. EGAN: You think we can get that name changed? COUNCILMAN ROSS: Inaudible MS. EGAN: Huh? Mr. Edwards, you mean you would do something for me? Now as far as equipment as I say, for the Human Resource Center, you have to buy the best because it gets pretty hard, what is the word? It is used and it is used and it is used and it works hard so they should buy good and clean. That can be cleaned well. Oh, item 618, somebody is retiring. Are we replacing? Hello? SUPERVISOR RUSSELL: Yes. I said yes. (Inaudible) MS. EGAN: Oh. Umm. Oh, in regard to 621, are many people coming up for the, to get the compost? Do many people come up and get it? SUPERVISOR RUSSELL: The compost? Page 3 July 17, 2007 Southold Town Board Meeting Minutes Page 4 MS. EGAN: Yeah. SUPERVISOR RUSSELL: Yeah, it is actually a popular item. The public is limited to 500 pounds per resident. Weare actually looking into raising that to 700 pounds per resident. MS. EGAN: Oh, good. Do you ever go over to the Trustees office? COUNCILMAN KRUPSKI: Occasionally I stop in there. MS. EGAN: Good. They didn't even know the names of your new people there. There was something here in regard to the shellfish, I believe, that had to go to the Planning Board? SUPERVISOR RUSSELL: Are you talking about the updates to the Shellfish Code? MS. EGAN: Yeah. SUPERVISOR RUSSELL: That was actually done through the Trustees. MS. EGAN: But it said it had to go to the Planning Board. In one of these, yeah, it was here. COUNCILMAN KRUPSKI: 625. MS. EGAN: What was it? COUNCILMAN KRUPSKI: 625. That is the resolution. MS. EGAN: Didn't that say it had to go to the Planning Board? I didn't understand that. SUPERVISOR RUSSELL: Okay. No. That doesn't go to the Southold Town Planning Board, it goes to the Suffolk County Commission on Planning for a comment. Just about every action we take, particularly with amendments to local laws, we send to the Suffolk Count Planning Commission for comment. MS. EGAN: So it is not going to our Planning Board? SUPERVISOR RUSSELL: No. MS. EGAN: Oh, too bad. Okay. Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any issue that is on the agenda? Mr. Baiz. Chris Baiz, Southold CHRIS BAIZ: Good afternoon, ladies and gentlemen. My name is Chris Baiz of Southold. I read with interest the Wind Energy code that we are going to pass tonight and I sort of note Page 4 July 17,2007 Southold Town Board Meeting Minutes Page 5 chronologically that about four weeks ago when the code was on a preliminary agenda for the Town Board meeting of four weeks ago, the size of the wind energy machines allowed would be up to 125 kw or kilowatts. I note that two weeks ago, when it was again on the agenda and tabled, that there was no number for the size of the machine or excuse me, I guess it was four weeks ago, no size; six weeks ago, 125 kw and two weeks ago it was at 25 but tabled and now we are ready to vote on it. After some due soul searching and talking with other farmers and also some of those farmers having met with the Energy Committee, the concern is the limitation of the size of the energy production. For a $70,000 capital investment, one can put up one of these 25 kw machines that members of that Energy Committee said would take, give you a return of about $700 a month or approximately a nine year return on your capital investment and perhaps another nine years based on your opportunity costs for investing that $70,000 on day one. We are concerned that the limitation is simply 25 kw, that probably means that maybe about 10 percent of the farms here could use that limit satisfactorily. There was one farmer at the Energy Committee meeting the other night who said his electric bill is $1,800 a month and he is trying to be green. I know of other farming operations that run anywhere from $10,000 to $13,000 a month in electric consumption and if we could at least have some control to make a worthwhile investment but something that is only going to return $700 a month against an $1,800 a month or a $10,000 a month energy bill is not going to stimulate interest in the Wind Energy code. So, how do we get around that? You have got 25 kw as the max. What do we do if we need three or four time that? SUPERVISOR RUSSELL: To be frank, I don't think anything in this legislation is going to make wind technology economically compelling. What this law does is it puts the structure in place so that when LIPA and other outfits, hopefully, create cost sharing, then this would make wind technology more appealing to farmers and others, just like what really spurred photovoltaic cell investment was LIP A cost sharing. The 50 percent rebate. Weare hoping that that takes place here. You have to remember that this 25 kilowatts is a matter of right with the simple building permit application. Someone can still come in and apply for a 50 kilowatt turbine, they would just need at that point, ZBA review and that would ensure that there is a balancing act between the needs on site for the energy and a certain protection for any residents that happen to be nearby because of the larger the blade, the larger the machine, the larger the noise etc. So you want to have careful site selection when you go to those larger turbines. This provision doesn't preclude any of that from coming forward, it just simply would require ZBA review beyond a certain size. The 25 kilowatts, like I said, the idea here was to pass something as a matter of right, so that you wouldn't have to go to ZBA. MR. BAIZ: Right. Well, so, but that means for 90 percent of the farmers who would need a larger machine, they start their process at the ZBA. Is that the idea? SUPERVISOR RUSSELL: It would be hard to believe that 90 percent of the ag operations would have to do that. Several of the ag operations aren't going to find wind technology economically compelling no matter what you do. The traditional farmers don't consume enough electric to make it worth their while. You are taking about the more energy dependent farm operations such as nursery container stock, some wineries. They, if 25 kilowatts is not sufficient, they can come in for the 50 or better. Even right now as we speak, Long Island Farm Bureau Page 5 July 17,2007 Southold Town Board Meeting Minutes Page 6 isn't looking to site 125 kilowatt machines, they are looking to site 50 kilowatt machines. MR. BAIZ: Right. SUPERVISOR RUSSELL: Five pilots. Everything we do right now is on a pilot basis. MR. BAIZ: Here in the Town of South old? SUPERVISOR RUSSELL: Well, I believe five locations on Long Island. My hope is that they will come in with an application soon, so that we can get one on the ground and show the public what the wind technology benefits might be. MR. BAIZ: Okay. SUPERVISOR RUSSELL: The idea here is to get something going. MR. BAIZ: And the state law allows up to what? SUPERVISOR RUSSELL: For net metering? MR. BAIZ: Yeah. SUPERVISOR RUSSELL: 25 kilowatts and 125 kilowatts on a farm operation. The problem is that net metering, I believe, only covers 5 percent of your gross consumption beyond the on site consumption. MR. BAIZ: Right. SUPERVISOR RUSSELL: So you are very limited. A bigger machine isn't going to yield you more... MR. BAIZ: But for those operations, I mean, there is a 120 acre farm that is consuming $1,800 of LIP A electric a month. SUPERVISOR RUSSELL: Doesn't he pay a unified bill which includes the house and everything? MR. BAIZ: I have not seen his bills, in fact, I tried to get bills from other farmers just so we could right size this because my concern, when this all came up you know, six, eight months ago was that did the number make sense in order to right size it. I don't think anybody is going to make an investment where he is going to put you know, 50 percent back into the grid and not get paid for it. SUPERVISOR RUSSELL: Right. Page 6 July 17,2007 Southold Town Board Meeting Minutes Page 7 MR. BAIZ: I mean, he is going to right size it for his operation but I think if we are passing a law for wind energy like this, if we right size it the first time then we don't have to go back and fix it. And I mean, fixing can take forever, for who knows how long. But for an agricultural operation to have to make their first stop at the ZBA is, I mean, these guys are throwing their hands up in the air. And I am just a messenger, you know. SUPERVISOR RUSSELL: You are talking about substantial machines at substantial heights. I don't think a ZBA review is inappropriate in some cases. Ifthey are particularly large machines. MR. BAIZ: Well, they are not going to be any taller than the others or the 25... SUPERVISOR RUSSELL: Yeah but everything gets compounded, the blade size, the noise. All those things get compounded and I don't think the proper site selection or a reviewing process that ensures the proper site selection is unfair to the community at large. MR. BAIZ: Right. Well, it... SUPERVISOR RUSSELL: Also, I think if we are talking about... MR. BAIZ: What are we trying to accomplish here. The community at large or wind energy on farms or.. . SUPERVISOR RUSSELL: Well, that is another thing. What we don't want to do is create legislation that lets somebody go into the wind production business, which I think if we are talking about the same farmer, he had told us at a committee level, that he was approached to produce, to sell wind energy from turbines. That is exactly what we don't want. MR. BAIZ: Yeah. SUPERVISOR RUSSELL: We don't want people going into the... MR. BAIZ: I totally agree with you. SUPERVISOR RUSSELL: We want on site consumption. MR. BAIZ: LIPA is not going to let him sell it back into the grid to somebody else if they have a net metering arrangement at that point. And someone is not going to go out and buy a 100 kilowatt machine ifhe is only using 60 kilowatts. SUPERVISOR RUSSELL: There are private contractors, though, that would look to site their machines on farm land. By law, LIPA has to accept the electric into the grid. And the issue there would be are we really trying to reduce or reduce costs for on site consumption or are we going to get into a back door approach to the electric industry, which I don't think anybody wants to see. Page 7 July 17,2007 Southold Town Board Meeting Minutes Page 8 MR. BAIZ: Well, I don't think anybody would but I think that would be a far more difficult thing to do contractually. Anyway, I am concerned that we are not right sizing it for the industry. I figure that at 25 kw you are inviting 10 percent of the industry or less to utilize that code. I think that beyond that, everybody has got to stop at the ZBA for anything more that just finds an additional layer of frustration. SUPERVISOR RUSSELL: That is what we are trying to correct. They shouldn't be going to the ZBA for ag buildings. I have said that right along. MR. BAIZ: Well, no. I am just talking about the wind code. SUPERVISOR RUSSELL: Well, if you have got to send them to the ZBA, I would rather have it be for a wind turbine than for a barn. Right now, unfortunately, they have to go to ZBA in many cases for a barn. That is what I would like to change about the code, is to make this process friendlier for farmers. I am just not sure that I want to start with the wind turbine. I want to start with the ag buildings and the greenhouses, etc. The lot coverage issues. That sort of thing. You are 100 percent right about that. MR. BAIZ: Alright. Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on the agenda? Mr. McGreevy. John McGreevey, Mattituck RON MCGREEVY: Ron McGreevy, Mattituck. Representing Southold Sound, Mattituck Inlet Preservation League. About the one day passes for the beach. Years ago, there were always a few sloppy fishermen... TOWN ATTORNEY FINNEGAN: We are going to have a public hearing on that. MR. MCGREEVY: We are going to have a public hearing on that? Well, I will hold off then. SUPERVISOR RUSSELL: You will hold off on that? Thanks. Would anybody else like to address the Town Board on any agenda item? (No response) You guys are all here to yell at us for something, aren't you? I can tell. Can we get on with the business of the meeting? Minutes Approval RESOLVED that the Town Board of the Town of South old hereby accepts the minutes dated: Tuesday, Apri124, 2007 ./ Vote Record - Accentance of Minutes for Anril24, 2007 4:30 PM Yes/Aye No/Nay Abstain Absent Albert KrupskiJr. Voter I1l 0 0 0 I1l Accepted William P. Edwards Voter I1l 0 0 0 0 Accepted as Amended Daniel C. Ross Voter I1l 0 0 0 0 Tabled Thomas H. Wickham Seconder I1l 0 0 0 Louisa P. Evans Initiator I1l 0 0 0 Scott Russell Voter I1l 0 0 0 Page 8 July 17,2007 Southold Town Board Meeting Minutes Page 9 V. Resolutions 2007-608 CATEGORY: DEPARTMENT: Audit Town Clerk Approve Audit Dated 7/17/07 RESOLVED that the Town Board ofthe Town of Southold hereby approves the audit dated Julv 17,2007. '" Vote Record - Resolution RE8-2007-608 Yes/Aye NolNay Abstain Absent 1<1 Adopted Albert Krupski Jr. Voter 1<1 0 0 0 0 Adopted as Amended William P. Edwards Voter 1<1 0 0 0 0 Defeated Daniel C. Ross Voter 1<1 0 0 0 0 Tabled Thomas H. Wickham Seconder 1<1 0 0 0 0 Withdrawn Louisa P. Evans Initiator 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2007-609 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Next Meetingfor July 31, 2007 7:30 P.M RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, July 31, 2007 at the Southold Town Hall, Southold, New York at 7:30 P. M.. .; Vote Record ~ Resolution RE8-2007-609 Yes/Aye NofNay Abstain Absent 1<1 Adopted AJ~ertI(llJpski 1r. Voter 1<1 0 0 0 0 Adopted as Amended William P. Edwards Voter 1<1 0 0 0 0 Defeated Daniel C. Ross Voter 1<1 0 0 0 0 Tabled Thomas H. Wickham Seconder 1<1 0 0 0 0 Withdrawn Louisa P. Evans Initiator 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2007-425 Tabled 4/24/2007 4:30 PM, 7/3/20074:30 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact Local Law 15 AMENDED In Relation to Wind Energy Systems for Agricultural Uses Page 9 July 17,2007 Southold Town Board Meeting Minutes Page 10 WHEREAS, there had been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 13th day of March, 2007 a Local Law entitled "A Local Law in relation to Wind Enerev Systems for Ae:ricultural Uses" AND WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 24th day of April, 2007 at 4:45 p.m. at which time all interested persons were given an opportunity to be heard, NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Southold finds that this Local Law is CONSISTENT with the L WRP and be it further RESOLVED that the Town Board of the Town of South old hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Wind Enerev Systems for Ae:ricultural Uses" that reads as follows: LOCAL LAW NO. 15 of 2007 A Local Law entitled, "A Local Law in relation to Wind Enerev Systems for Ae:ricultural Uses". BE IT ENACTED by the Town Board of the Town of South old as follows: I. Purpose - In order to provide for the health, safety and welfare of the citizens of the Town of South old, the Town Board of the Town of South old finds it appropriate to encourage the development of small wind energy systems attendant to bona fide agricultural uses, and to provide standards for such systems. The overriding goal of this local law is to promote the reduction of on-site consumption of utility power for such uses, while protecting from any adverse effects of such systems. II. Chapter 280 of the Code of the Town of South old is hereby amended, as follows: ~ 280- 4. Definitions. B. SMALL WIND ENERGY SYSTEM -- A wind energv conversion svstem consisting of a wind turbine (not to exceed 25 kilowatts of production), a tower. and associated control or conversion electronics. which has a rated capacitv intended primarilv to reduce on-site consumption of utili tv power. Page 10 July 17,2007 Southold Town Board Meeting Minutes Page II ARTICLE III Agricultural-Conservation (A-C) District and Residential R-80, R-120, R-200 and R-400 Districts S 280-13. Use Regulations. A. Permitted Uses. (5) Small wind energy systems on parcels greater than seyen (7) acres in size. which parcels are dedicated primarily to uses necessary for bona fide agricultural production. and subiect to the standards proyided in Chapter 277 of this Town Code. III. follows: A new Chapter 277 of the Code of the Town of Southold is hereby adopted, as & 277-1. Definitions. SMALL WIND ENERGY SYSTEM -- A wind energy conyersion system consisting ofa wind turbine (not to exceed 25 kilowatts of production), a tower. and associated control or conyersion electronics. which has a rated capacity intended primarily to reduce on-site consumption of utility power. TOWER HEIGHT - The height aboye grade of the fixed portion ofa tower that is part ofa small wind energy system. exclusiye of the wind turbine. & 277-2. Application. Applications for small wind energy systems shall be submitted to the Town of Southold Building Department and shall include: a. Name. address. telephone number of the applicant. If the applicant will be represented by an agent, the name. address and telephone number of the agent as well as an original signature of the applicant authorizing the agent to represent the applicant. b. Name. address. telephone number ofthe property owner. If the property owner is not the applicant. the application shall include a letter or other written permission signed by the property owner (i) confirming that the property owner is familiar with the proposed applications and (m authorizing the submission of the application. c. Address of each proposed tower site. including tax map section. block and lot number. Page II July 17,2007 Southold Town Board Meeting Minutes Page 12 d. Eyidence that the proposed tower height does not exceed the height recommended by the manufacturer or distributor of the system. e. A plot plan at I' = 100' scale depicting the limits of the fall zone distance from structures. property lines. public roads and proiected noise leyels decibels (DBA) from the small wind energy system to nearest occupied dwellings. f. A line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to the Electric Code. g, Written eyidence that the electric utility service proyider that serves the proposed site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator. unless the applicant does not plan. and so states in the application. to connect the system to the electricity grid. &277-3. Deyelopment standards. a. Tower Height. Tower height shall not exceed one-hundred twenty (120) feet. To preyent harmful wind turbulence to the small wind energy system. the minimum height of the lowest part of any horizontal axis wind turbine blade shall be at least 30 feet aboye the highest structure or tree within a 250 foot radius. Modification of this standard may be made when the applicant demonstrates that a lower height will not ieopardize the safety of the wind turbine structure. b. Set-backs. Notwithstanding the proyisions of the Bulk Schedule. the following standards shall apply to Small Wind Energy Systems: i. A small wind energy system shall be set back from a property line a distance no less than the total height of the small wind energy plus ten (10) feet. except that it shall be set back at least three hundred (300) feet from a property line bordering an existing residential structure. In no instance shall the small wind energy system be closer than one hundred feet (100) to a property line. ii. No part of the wind system structure. including gUY wire anchors. may extend closer than ten (10) feet to the property boundaries of the installation site. 111. A small wind energy system shall be set back from the nearest public road or right of way a distance no less than the total height of the small wind energy system plus ten (10) feet. and in no instance less than one hundred (lOOHeet. Page 12 July 17,2007 Southold Town Board Meeting Minutes Page 13 c. Noise. Small wind energy systems shall not exceed 60 DBA. as measured at the closest neighboring inhabited dwelling at the time of installation. The level. however. may be exceeded during short-term events such as utility outages and/or severe wind storms. d. Aooroved Wind Turbines. Small wind turbines must have been aooroved under the small wind certification orogram recognized bv the American Wind Energv Association and/or NYSERTA. e. Comoliance with Uniform Building Code. Building oermit aoolications for small wind energy systems shall be accomoanied bv standard drawings ofthe wind turbine structure. including the tower. base. and footings. An engineering analysis of the tower showing comoliance with the Uniform Building Code and certified bv a licensed orofessional engineer shall also be submitted. This requirement may be satisfied bv documentation oresented bv the manufacturer. f. Comoliance with National Electric Code. Building oermit aoolications for small wind energy systems shall be accomoanied bv a line drawing of the electrical comoonents in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code. This requirement may be satisfied bv documentation suoolied bv the manufacturer. g. Comoliance with FAA Regulations. Small wind energy systems must comolv with aoolicable FAA regulations. including any necessary aoorovals for installations close to airoorts. The allowed height shall be reduced to comolv with all aoolicable Federal Aviation Requirements. including Suboart B (commencing with Section 77.11) of Part 77 of Title 14 of the code of Federal Regulations regarding installations close to airoorts. h. Utility Notification. No small wind energy system shall be installed until evidence has been given that the utility comoanv has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exemot from this requirement. &277-4. Construction standards. a. Exterior lighting on any structure associated with the system shall not be allowed exceot that which is soecificallv required bv the Federal Aviation Administration. b. The svstem' s tower and blades shall be a non-reflective. unobtrusive color that blends the system and its comoonents into the surrounding landscaoe to the greatest extent possible and incoroorate non-reflective surfaces to minimize any visual disruotion. Page 13 July 17,2007 Southold Town Board Meeting Minutes Page 14 c. All on-site electrical wires associated with the svstem shall be installed underground except for "tie-ins" to a public utilitv companv and public utilitv companv transmission poles. towers and lines. d. The svstem shall be operated such that no disruptive electromagnetic interference is caused. If it has been demonstrated that a svstem is causing harmful interference. the svstem operator shall promptlv mitigate the harmful interference or cease operation of the svstem. e. At least one sign shall be posted on the tower at a height of five feet warning of electrical shock or high voltage and harm from revolving machinery. f. No brand narnes. logo or advertising shall be placed or painted on the tower. rotor. generator or tail vane where it would be visible from the ground. except that a svstem or tower's manufacturer's logo mav be displaved on a svstem generator housing in an unobtrusive manner. g. Towers shall be constructed to provide one ofthe following means of access control. or other appropriate method of access: I. Tower-climbing apparatus located no closer than 12 feet from the ground. 11. A locked anti-climb device installed on the tower. iii. A locked. protective fence at least six feet in height that encloses the tower. h. Anchor points for anv gUV wires for a svstem tower shall be located within the propertv that the svstem is located on and not on or across anv above-ground electric transmission or distribution lines. The point of attachment for the gUV wires shall be sheathed in bright orange or vellow covering from three to eight feet above the ground. i. All small wind energv svstems shall be equipped with manual and automatic over-speed controls. The conformance of rotor and over-speed control design and fabrication with good engineering practices shall be certified bv the manufacturer. &277-5. Fees. a. The Building Department fee for small wind energv svstem applications shall be $250.00. &277-6. Abandonment of Use. All small wind energv svstems which are not used for twelve (12) successive months shall be deemed abandoned and shall be dismantled and removed from the propertv at the expense of the property owner. Failure to abide bv and faithfullv complv with this section or Page 14 July 17,2007 Southold Town Board Meeting Minutes Page 15 with anv and all conditions that mav be attached to the granting of anv building permit shall constitute grounds for the revocation of the permit bv the Building Department. &277-7. Enforcement; Penalties and Remedies for Violations. A. The Town Board shall appoint such Town Staff or outside consultants as it sees fit to enforce this Article. Notwithstanding such appointment, the Building Inspector. Code Enforcement Officer and Town Attomev shall have authoritv to enforce this Article. B. Anv person owning. controlling or managing anv building. structure or land who shall undertake a wind energv conversion facilitv or wind monitoring tower in violation of this Article or in noncompliance with the terms and conditions of anv permit issued pursuant to this Article. or anv order of the enforcement officer. and anv agent who shall assist in so doing. shall be guilty of an offense and subiect to a fine of not more than $1000.00 or to imprisonment for a period of not more than 30 thirtv davs. or subiect to both such fine and imprisonment. Everv such person shall be deemed guilty of a separate offense for each week such violation shall continue. The Town mav institute a civil proceeding to collect civil penalties in the amount of $1000.00 for each violation and each week said violation continues shall be deemed a separate violation. C. In case of anv violation or threatened violation of anv of the provisions of this Article. including the terms and conditions imposed bv anv permit issued pursuant to this Article. in addition to other remedies and penalties herein provided. the Town mav institute anv appropriate action or proceeding to prevent such unlawful erection. structural alteration. reconstruction. moving and/or use. and to restrain. correct or abate such violation. to prevent the illegal act. IV. SEVERABILITY. Should any provision of this Local Law be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this Local Law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. V. EFFECTIVE DATE. This Local Law shall be effective upon its filing with the Secretary of State in accordance with the Municipal Home Rule Law. ./ Vote Record - Resolution RES-2007-425 Yes/Aye NolNay Abstain Absent Ii'I Adopted Albert Krupski Jr. Initiator Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii'I 0 0 0 0 Defeated Daniel C. Ross Voter Ii'I 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'I 0 0 0 0 Withdmwn Louisa P. Evans Voter Ii'I 0 0 0 Scott Russell Voter Ii'I 0 0 0 2007-610 Page 15 July 17,2007 Southold Town Board Meeting Minutes Page 16 CATEGORY: DEPARTMENT: Employment - Town Accounting Appoint Michelle Martocchia to Sr. Acct Clerk Typist RESOLVED that the Town Board ofthe Town of Southold hereby promotes Michelle Martocchia to the position of a Senior Account Clerk Tvpist for the Town Clerks Office, effective July 19,2007, at a rate of $38,781.28 per annum. ./ Vote Record - Resolution RES-2007-610 YesfAye No~ay Abstain Absent Iil Adopted i\.IbertI(rupski 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 Withdmwn Louisa P. Evans Voter Iil 0 0 0 Scott Russell Voter Iil 0 0 0 2007-611 CATEGORY: DEPARTMENT: Misc. Public Hearing Community Development Community Development Budget Modification RESOLVED that the Town Board of the Town of South old hereby authorizes and directs Town Clerk Elizabeth A. Neville to publish a Notice of Public Hearine Notice on proposed amendments to the 2003 & 2005 Community Development Block erant Proeram Budeets, as follows to wit: -0- $5,000 New Budeet -0- Pro i ect Cutcbogue Drainage Project FY 2003 Current Budeet $5,000 Increase Decrease Home Improvement -0- $5,000 -0- $5,000 Project FY 2005 NOTICE IS FURTHER GIVEN that the Southold Town Board will consider the aforesaid proposed amendments at their Regular Meeting, on August 14,2007, at 5:00PM, at the Southold Page 16 July 17, 2007 Southold Town Board Meeting Minutes Page 17 Town Hall, 53095 Main Road, Southold, New York. Interested citizens should attend this meeting to comment on the proposed changes. Written comments should be addressed to Elizabeth A. Neville, Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971 ./ Vote Retord - Resolution RES-20D7-61 t Yes/Aye NolNay Abstain Absent Ii'! Adopted AlbertKrupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii'! 0 0 0 0 Defeated Daniel C. Ross Initiator Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-612 CATEGORY: DEPARTMENT: Attend Seminar Town Clerk Master Municipal Clerks Institute RESOLVED that the Town Board of the Town of Southold hereby grants permission to Elizabeth A. Neville to attend the 2007 Master Mnnicipal Clerks Institnte at Cornell University. Ithaca. New York. on Jnlv 22-25. 2007. All expenses for registration, travel and lodging to be a legal charge to the 2007 Town Clerk budget A.1410.4.200 & 300. ./ Vote Record - Resolution RES-2007-612 Yes/Aye ~olNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-613 CA TEGORY: DEPARTMENT: Budget Modification Human Resource Center Budget Mod HRC Transferring Funds to Data Processing for Replacement of Worn or Broken Computer Equipmentat the HRC Also Purchasing Chairs for Senior Activity Room. RESOLVED that the Town Board ofthe Town of South old hereby modifies the 2007 Page 17 July 17,2007 Southold Town Board Meeting Minutes Page 18 General Fund Whole Town bude:et as follows: From: Appropriations: A.6772.4.400.600 To: Appropriations: A.6772.2.500.200 A.6772.1.100.200 A. I 680.2.400.440 Programs for the Aging $2,650.00 Contracted Services Equip. Maint. and Repairs Programs for the Aging $800.00 Other Equipment Chairs Personal Services $50.00 Full Time Employees Overtime Earnings Data Processing Equip. $1800.00 Personal Computers .f' Vote Record - Resolution RES-2007--613 Yes/Aye No~ay Abstain Absent iii Adopted Albert Krupski Jr. Voter 0 iii 0 0 0 Adopted as Amended WiJliam P. Edwards Seconder iii 0 0 0 0 Defeated Daniel C. Ross Voter iii 0 0 0 0 Tabled Thomas H. Wickham Initiator iii 0 0 0 0 Withdrawn Louisa P. Evans Voter iii 0 0 0 Scott Russell Voter iii 0 0 0 2007-614 CATEGORY: DEPARTMENT: Budget Modification Town Attorney Budget Modification - Town Attorney RESOLVED that the Town Board of the Town of Southold hereby modifies the 2007 General Fund Whole Town bude:et as follows: To: A. 1010.4.500.700 From: A.1 990.4. 100.1 00 Town Board, Title Fees $242.00 Unallocated Contingencies $242.00 Page 18 July 17, 2007 Southold Town Board Meeting Minutes Page 19 .,/ Vote Record - Resolution RES-2007~614 Yes,lt\ye NolNay Abstain Absent Iil Adopted Albert Krupski Jr. Initiator ., 0 0 0 0 Adopted as Amended William P. Edwards Seconder Iil 0 0 0 0 Defeated Daniel C. Ross Voter Iil 0 0 0 0 Tabled Thomas H. Wickham Voter Iil 0 0 0 0 Withdrawn Louisa P. Evans Voter Iil 0 0 0 Scott Russell Voter ., 0 0 0 2007-615 CATEGORY: DEPARTMENT: Employment - Town Town Clerk Amend 2007-598. FI Pump Out Boat Operators. Date Change RESOLVED that the Town Board ofthe Town of South old hereby amends resolution 2007-598 adopted at the July 3, 2007 regular Town Board meeting to read as follows: RESOLVED that the Town Board of the Town of South old hereby appoints the following individuals to the position of part-time, seasonal Pump Out Boat operators for Fishers Island, under the jurisdiction ofthe Southold Town Board of Trustees, effective Jaly 7, 2907 Julv 18. 2007 through Oetoeer 7, 2007, October 18. 2007, at a rate of$12.00 per hour: Michael Conroy George Peabody George Cook ./ Vote Record - Resolution RES-2007-615 Yes/Aye No/Nay Abstain Absent ., Adopted ~,Jb~rt l(rups~i Jr. Initiator ., 0 0 0 0 Adopted as Amended William P. Edwards Voter Iil 0 0 0 0 Defeated Daniel C. Ross Seconder Iil 0 0 0 0 Tabled Thomas H. Wickham Voter Iil 0 0 0 0 Withdrawn Louisa P. Evans Voter Iil 0 0 0 Scott Russell Voter Iil 0 0 0 2007-616 CATEGORY: DEPARTMENT: Authorize to Bid Solid Waste Management District Bidfor C&D Slab RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the construction of a concrete slab for the processine: Page 19 July 17, 2007 Southold Town Board Meeting Minutes Page 20 of construction and demolition debris (C&D) at the Cutchol!:ue Transfer Station, all in accordance with specifications prepared by the Solid Waste Coordinator. .; Vote Record - Resolution RES-2007-616 Yes/Aye l'lofNay Abstain Absent Iil Adopted t\lbertKflIP~~iJr. . Voter Iil 0 0 0 0 Adopted as Amended William P. Edwards Voter Iil 0 0 0 0 Defeated Daniel C. Ross Initiator Iil 0 0 0 0 Tabled Thomas H. Wickham Voter Iil 0 0 0 0 Withdrawn Louisa P. Evans Seconder Iil 0 0 0 Scott Russell Voter Iil 0 0 0 2007-617 CATEGORY: DEPARTMENT: Budget Modification Accounting Create Capital Budget C & D Processing Slab RESOLVED that the Town Board of the Town of South old hereby authorizes the establishment of the followinl!: Capital Proiect in the 2007 Capital Budl!:et: Capital Project Name: C & D Processing Slab Financing Method: Transfer from Solid Waste District Budget: Revenues: H.5031.60 Interfund Transfers $40,000 Appropriations: H.8160.2.500.200 Refuse & Garbage Capital Outlay C & D Processing Slab $40,000 ..t' Vote Record - Resolution RES-2007-617 Yes(Aye NOfNsy Abstain Absent Iil Adopted Albert Krupski Jr. Voter Iil 0 0 0 0 Adopted as Amended William P. Edwards Voter Iil 0 0 0 0 Defeated Daniel C. Ross Voter Iil 0 0 0 0 Tabled Thomas H. Wickham .St:conder Iil 0 0 0 0 Withdrawn Louisa P. Evans Initiator Iil 0 0 0 Scott Russell Voter Iil 0 0 0 2007-618 CATEGORY: DEPARTMENT: Employment - Town Accounting Carl Stepnowsky Retirement Page 20 July 17,2007 Southold Town Board Meeting Minutes Page 2 I RESOLVED that the Town Board of the Town of Southold accepts the letter of intent to retire of Carl Stepnowskv from the position of Automobile Mechanic IV in the Hie:hwav Department. effective August I, 2007. .t' Vote Record - Resolution RES-2007-618 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii'! 0 0 0 0 Withdmwn Louisa P. Evans Seconder Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-619 CATEGORY: DEPARTMENT: Employment - FIFD Accounting Hire Mike Conroy and Karla Heath RESOLVED that the Town Board of the Town of Southold hereby appoints Mike Conroy to the position of a Recreation Aide at the Fishers Island Theatre for the Fishers Island Ferry District, effective July 1,2007, at a rate of $125.00 movie. ./ Vote Record - Resolution RE8-2007-619 Yes/Aye 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 Seconder Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-620 CATEGORY: DEPARTMENT: Employment - FIFD Accounting Hire Karla Heath As FIFD Seasonal Clerk RESOLVED that the Town Board of the Town of Southold hereby appoints Karla Heath to the position of a Seasonal Clerk at the Fishers Island Movie Theatre for the Fishers Island Ferry District, effective July 1,2007, at a rate of$200.00 per week. Page 21 July 17,2007 Southold Town Board Meeting Minutes Page 22 ". Vote Record - Resolution RES-2007-620 yes/Aye ~oINIIY Abstain Absent Ii! Adopted Albert Krupski Jr. Seconder Ii! 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii! 0 0 0 0 Defeated Daniel C. Ross Voter Ii! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii! 0 0 0 Scott Russell Voter Ii! 0 0 0 2007-621 CATEGORY: DEPARTMENT: Budget Modification Solid Waste Management District SWMD Budget Mods RESOLVED that the Town Board of the Town of South old hereby modifies the 2007 Solid Waste Manal!:ement District budl!:et as follows: From: SR 8160.4.100.608 (Composting Urea) SR 8160.4.400.805 (MSW Removal) $4,000.00 7,516.98 To: SR 8160.2.500.600 (Misc. Sanitation Equipment) SR 8160.4.100.120 (Employee Work Gear) SR 8160.4.100.551 (Maint/Supply CAT 966) SR 8160.4.100.609 (RCA Blend) SR 8160.4.100.610 (Maint/Supply Forklift) SR 8160.4.400.150 (Portable Sanitation Svcs) SR 8160.4.500.100 (DEC Env. Monitor) SR 8160.4.600.300 (Travel Reimbursement) $ 816.98 500.00 2,000.00 5,000.00 1,000.00 1,000.00 200.00 1,000.00 ". Vote Record - Resolution RES-2007--621 Yes/Aye NolNay Abstain Absent Ii! Adopted Albert Krupski Jr. Voter Ii! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii! 0 0 0 0 Defeated Daniel C. Ross lnitiator 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 2007-622 CATEGORY: DEPARTMENT: Employment - FIFO Town Clerk Page 22 July 17,2007 Southold Town Board Meeting Minutes Page 23 Santiago Pt Laborer for FlFD RESOLVED that the Town Board of the Town of South old hereby appoints Robert Santial!:o, of New London. CT to the position of a part time, laborer for the Fishers Island Ferry District, effective July 3, 2007, at a rate of$11.00 per hour. ./ Vote Record - Resolution RES-2007-622 Yes/Aye No~ay Abstain Absent Ii!l Adopted Albert Krup~ki Jr. Voter Ii!l 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii!l 0 0 0 0 Defeated Daniel C. Ross Voter Ii!l 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii!l 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii!l 0 0 0 Scott Russell Voter Ii!l 0 0 0 2007-623 CATEGORY: DEPARTMENT: Employment - Town Accounting Hire Patrice Conklin Part-Time Clerk-Typist RESOLVED that the Town Board of the Town of Southold hereby appoints Patrice Conklin to the position of a part-time Clerk Tvpist for the Town Clerks Office, effectiveJuly 11,2007, at a rate of $11.74 per hour. ./ Vote Record ~ Resolution RE8-2007-623 Yes(A:ye NOlNay Abstain Absent Ii!l Adopted Albert Krupski Jr. Voter Ii!l 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii!l 0 0 0 0 Defeated Daniel C. Ross Voter Ii!l 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii!l 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii!l 0 0 0 Scott Russell Voter Ii!l 0 0 0 2007-624 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Clerk PH LL Shellfish 8/14/074:40Pm NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the I ih day of July, 2007 a Local Law entitled "A Local Law in relation to Shellfish and Other Marine Resources" AND Page 23 July 17,2007 Southold Town Board Meeting Minutes Page 24 NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 14th day of August, 2007, at 4:40 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 ShelIfish and Other Marine Resources" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to ShelIfish and Other Marine Resources" . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - It is the purpose and intent of the amendments to this Chapter to provide for the protection, the preservation and the proper use and maintenance of Town waters and lands under Town waters, to minimize damage thereto and to enhance their use for the propagation of shellfish and other beneficial marine organisms and thereby protect and promote the public health, safety and welfare of the Town of South old. II. Chapter 219 of the Code of the Town of South old is hereby amended as follows: ARTICLE I CatehiRg of Shrimp [Adoptee bye 29 1933] General Provisions p 19 1. Takillg of shriHlfl by Raaresidellts prohibited. It shall Be unlawful fur all)" persoR Rot a residellt afthe TO'NfI of Sollthold to take shrimp from the '.vaters of Bmsh's Creek, Willes Creek, DOWflG Creek, James Creek, West Creek, Riehmend's Creek, Corey's Creek, Cedar Beaeh Creek, Goose Creek, Joeke)' Creek, Ta'llfl Creek, Mill Creek, Leng Creek, Blidd's PORd, Dam Pone, Mattitaek Creek, Goldsmith's Creek, S(jlillsh Creek, Wiekhara's Creek ane Little Creek, or other ereekG or illlaad waters withiR the bOliHds of said Tevfflship. S219-;1.1. Residence requirements. Persons shall be deemed to be residents of the Town of Southold at any given date, within the meaning ofthis artiele Chapter, when they shall have actually and continuously resided within the said Town for a period of at least siK (e) meHthG sixty (60) days immediately preceding such date. S219-~ 2. Effect. No provision of this article shall be deemed to prevent any person or persons residing within the Town of Southold from angling for fish for other than commercial purposes. ~219 1. Penalties for effeRses. Page 24 July 17,2007 Southold Town Board Meeting Minutes Page 25 :\ny ','iEllatieH Elfthis artiele shall Be sllbjeet te a jleHalty ef net less thaR $5 Her mElre than $199 aRa eests. f.RTlCLE II Taking Elf Shellfish aRa Eels [f.dEljltea by 6 23 1966] g219~ l. Title. This aftfele Chapter shall be known as the "Shellfish and Other Marine Resources Law ofthe Town of South old." g219-+ 1. Definitions. For the purposes of this aftfele Chapter, the terms used herein are defined as follows: AQUACUL TUREIMARICUL TURE - The cultivation. planting. containment or harvesting of products that naturally are produced in the marine environment. including fish. shellfish. crustaceans and seaweed. and the installation of cribs. racks and in-water structures for cultivating such products. but excluding the construction of any building. any filling or dredging or the construction of any water regulating structures. BOATNESSEL - Anv floating obiect capable of carrying people as a means of transportation in water. including without limitation an airplane capable ofJanding on water. any floating structure not otherwise considered to be part of a dock structure as defined herein. with or without means of propulsion. which obiect can be moored independently or can be secured bv any means to a piling. dock. bulkhead. groin or other fixed device located above mean high water. Floating docks are excluded from this definition. CHANNEL SYSTEM - The bed of a natural waterway with well-defined banks presenting the evidence of the flow oftidal waters. which is commonlv traversed bv boat/vessel and is designated bv channel markers. including man-made or stabilized waterways designed for the navigation of boats/vessels. For the purpose of this Chapter. boat basins and bathing areas are included within this definition. CHURNING - The removal of shellfish from lands below average low water bv utilizing a propwash from a skip-mounted outboard motor. COMMERCIAL PURPOSES - .\By lIse er jlllFflese ether thaR fer feed eensllHl)JtisH by the )JerSSfts takiHg the shellfish sr by members Elf sHeh jlersEln's hellsehsld. Taking. containment or harvesting of shellfish or other marine resources to sell to a third partv. CONTAINMENT - The placement and possession of shellfish in a basket. tub. bag. or any other type of container. CULLING - Separating shellfish or other marine resources according to size. EEL - The American eel. Page 25 July 17, 2007 Southold Town Board Meeting Minutes Page 26 FIXED GEAR - Fishing equipment that is set in a stationarv position. including without limitation pots. moorings, long line. hand line, weir nets, gillnets and traps. GUEST - A person who temporarily occupies living quarters in a dwelling maintained by a permanent resident. MARINE RESOURCES - Blue claw crabs, horseshoe crabs, eels and mussels. NON-RESIDENT - One who does not reside in the Town of Southold. PATENT LANDS - All uplands and underwater lands owned in fee title by the Town of Southold Board of Trustees by virtue ofthe Andros Patent. PERMANENT RESIDENT - A person who has maintained a permanent dwelling within the Town of Southold during the period of not less than 60 days immediately preceding the date of his application for a permit hereunder, or the date of taking shellfish ifno permit is required. SCAP NET - A hand-operated net attached to a handle with an opening across the mouth of no more than 14 inches. SHELLFISH - Clams, scallops, oysters, blue claw crabs, mussels, periwinkles and , conchs, channeled whelk and knobbed whelk. TAKING - The removal or harvesting of shellfish and other marine resources by any means. T AXP A YER - A person who owns real property as shown on the assessment roll of the Town of Southold. TEMPOR.'\.RY RESIDENT .'\. jlersell \'ille has eeelljliealiyillg E(llarters withill the Te'lffl ef Selltheld d\lfillg the jleriea efllet less thall sevellaays immediately flFeeeaillg the date efhis lljljllieatiell fer a fleFFllit herelillder. TOWN W.'\. TERS All waters aIld laRds \lIlaer tidewater ill allY haffler, bay Elf sreek, title ta .1ffiish ana the right offishillg ill whish is 'lested ill the TevlR ofSemhold aRd/or ill the Beara ef Truatees of the Tewll ef Southald. TOWN WATERS - All the waters lying over Patent Lands. ARTICLE II Shellfish g219-& 2. Permit requirements. A. Shellfish may be taken from Town waters for commercial purposes by a permanent resident over the age of 14 years upon first obtaining a commercial shellfish permit therefor from the Town Clerk of the Town of South old. Page 26 July 17,2007 Southold Town Board Meeting Minutes Page 27 (I) Persons A;!ges 12 and 13 can apply for a junior commercial shellfish license which will allow them to catch halfthe commercial limit. The iunior commercial shellfish license lIftEl will be at half the cost of a commercial license, The parents or guardian ofthe applicant for a iunior commercial shellfish license must sign for the holder of the junior license, making the parent or guardian responsible for any violation incurred. B. Shellfish may be taken from Town waters by a non- temporary resident upon first obtaining a non- temparary resident shellfish permit therefor from the Town Clerk of the Town of Southold. C. Shellfish may be taken from Town waters for noncommercial purposes by a permanent resident or taxpayer upon first obtaining a permanent resident or taxpayer's permit therefor from the Town Clerk of the Town of South old. D. Shellfish may be taken from Town waters for noncommercial purposes without obtaining a permit therefor by a guest when accompanied by a permanent resident in whose dwelling such guest occupies living quarters, provided that such permanent resident is the holder of a valid shellfish permit. Notwithstanding any other provisions of this artieIe Chapter, the quantity of shellfish taken by a guest or guests shall be added to the quantity taken by the permanent resident accompanying the guest or guests, and the total amount thereof shall not exceed, in the aggregate, the maximum daily quantity prescribed in this artieIe Chapter for such permanent resident. E. No person not a perm!!flent resitlent, a taJlflayer, a temflarary resident sr a guest ae6alHflanied by a permanent resident shall take shellfish in any manner at any time from Town waters without a permit issued pursuant to this Chapter. F. The possession of shellfish in excess of the limits, or of less size than that, set forth in this Chapter, f-Bund aboanl !!flY boat ar vessel in the waters of the Town of Southold, shall be deemed presumptive evidence of a violation of this article. Go Shellfish may be taken fram T OVffi waters for Ileneomlflereial pHrposes BY a permanent resident lomder the age ef 14 yeElfs withem OBtaining a fleflHit therefor, [P.dded 77 19&2 BY L.L. tie. 5 19&2] 9219-92. Permit fee; expiration; display. A. The fee for a commercial shellfish permit shall be set from time to time by resolution of the Town Board. upon recommendation by the Board of Trustees. $20. Effeetive an!!fld after JanHllfY I, 1991, the fee for a 6slflmereial shellfish permit shall Be $35. Such permit shall expire on December 31 of the year of its Issuance. B. The fee for a non- tempsrary resident shellfish permit shall be set from time to time by resolution of the Town Board. upon recommendation by the Board of Trustees. $10. SHeh permit shall Be issHed ollly far the period af tilfle tbat slieh tempsra.I')' resident oeeliflies living ljHarters '.yithin the Town af Somheld. The non-resident permit shall expire on September 15 of the year of its issuance. C. The fee for a non-commercial permanent resident or taxpayer shellfish permit Page 27 July 17,2007 Southold Town Board Meeting Minutes Page 28 shall be $3. Effeetive on and after JanHary I, 1991, the fee for sHeh permit shall be-$5. Such permit shall expire on December 31 of the year of issuance. There shall be no fee for a permanent resident who has attained the age of 62 years. D. The holder of a shellfish permit shall carry the permit assigned to him on his person while engaged in the permitted activities, and the failure of such holders to exhibit his their permit to an enforcement officer shall be presumptive evidence that no valid permit has been issued to them him. S219-W Ii. Scallops. A. The TfHiltees of the Town ofSomhold may establish, by resolation, the dates of the eommereialand noneommereial seallop season based on the envirolliRental and eeonomie eonditions in effest eaeh year. [.'.mended 9 6 1994 by 1.1. No. 19 1994] Scallop season for residents and non-residents shall be set pursuant to New York State. as adopted bv Board of Trustee resolution. B. Subiect to the provisions of this section. during the first two weeks of Scallop season. harvesting in Town Waters shall be bv hand or with a scalp net onlv. During the first two weeks of Scallop season. harvesting in Town Waters shall be open to all permit holders. for the noncommercial limits set forth herein. DHring the noncommereial seallop season, not more thllll 1/2 bHshel of seallops may be taken from To'.VB waters in anyone day by hane or with a sealp net. [.^,-meneee "7 7 1982 by 1.1. }lo. 5 1982; 96 1994 by 1.1. }Io. 19 1994] C. Except as set forth above. dl}uring the commercial scallop season, scallops may be taken from Town waters with a dredge or ser!lfle having an opening at the mouth of not more than 36 inches in width when towed by a boat operated by mechanical power or other means, provided that such dredge or serape is brought aboard the boat by hand power without the use of a mechanical device.] D. Subject to the provisions ofthis section, a permanent resident, a taxpayer, a tempoFIll)' non-resident or a guest,-when accompanied by a permanent resident, may take from Town waters not more than 1/2 bushel of scallops for noncommercial purposes in anyone day bv anv one (1) person. Two (2) or more persons occupving the same boat mav take. in the aggregate. not more than one (1) bushel of scallops in one (I) dav for noncommercial purposes. for other than eommereial pHfJloses. [.'.mended 7 7 1982 by 1.1. No.5 19&2] E. Subject to the provisions of this section, not more than five bushels of scallops may be taken from Town waters for commercial purposes in anyone day by any one person. Two or more persons occupying the same boat may take, in the aggregate, not more than 10 bushels of scallops in one day for commercial purposes. F. Scallops shall not be taken from Town waters during the period from sunset to sunrise. G. Scallops shall not be taken from Town waters on Sundays eneept by hane or with a scalp net bv uses of dredge or other power device. ~ Only seallops measaHng more than 21/4 inehes from the middle of the hinge to Page 28 July 17,2007 Southold Town Board Meeting Minutes Page 29 tHe misdle of the billma)' be taken ffom TOWR waters e)(sept as proyises below. f,menses1211997byL.L.No.21997] H.-I. Scallops measHRng less than 2 1.'1 inshes v..ith an ar.naal growtllline haying an annual growth line and measuring not less than 2 y.." from the middle ofthe hinge to the middle of the bill may be taken from Town waters only by resolution of the Southold Town Board of Trustees. S219--1+ 2. Clams. A. Hard clams less than one inch in thickness shall not be contained taken from TO'liR waters and shall be subiect to the requirements set forth in Section 219- 14A. B. Soft or steamer clams less than two inches in the longest diameter shall not be contained taken Hom To'.vn waters and shall be subiect to the requirements set forth in Section 219-14A. C. Churning by power may not be employed in the taking of soft clams on land below the high-tide line in Town waters. D. A permanent resident, a taxpayer, a temporary non-resident or a guest accompanied by a permanent resident may tai<e contain not more than 100 hard clams and 100 soft clams from Town waters in one day for noncommercial purposes. E. Not more than 2,000 hard clams may be taken from Town waters for commercial purposes in anyone day by anyone person. Two or more persons occupying the same boat may take, in aggregate, not more than 4,000 hard clams in one day for commercial purposes. S219-H 10. Oysters. A. Oysters shall not be taken from Town waters during the period from May 1 to August 31 in each year, both dates inclusive. and shall be subiect to the requirements of Section 219-14A. B. Oysters shall not be taken from Town waters during the period from sunset to sunnse. C. Only oysters measuring more than three inches from the hinge to the bill may be taken from Town waters. and shall be subiect to the requirements of Section 219- 14A. D. A permanent resident. a taxpayer. a non-resident or a guest accompanied by a permanent resident may take not more than one-half (1/2) bushel of oysters from Town Waters for noncommercial purposes in anyone (1 ) day by anyone (1) person. Two (2) or more persons occupying the same boat may take. in the aggregate. not more than one (1) bushel of oysters from Town Waters in one (1) day for noncommercial purposes. The Trestees of the Town of SsHthsls may estafilish, by fesslatisn, the limits sn the namBer sf systers which may be Page 29 July 17,2007 Southold Town Board Meeting Minutes aarvestea Fer eefflffiereial j:ll:lfJ38ses afla B8Beemmersial J3l:lf138ses. ~A.. permanent resitleBt, a trorpayer, a tefBJ38rary resiEleftt Of gaGst aeeeffiflaniea BY a resideR! Rla-y harvest oysters for noneommer-eial pUfJloses in the qllantities set by resohHion of the TflIstees. [,'-mended 7 7 1982 by 1.1. No. 5 1982; 1 21 1997 by 1.1. No. 1 199'7] Baitor's )>lote: Former SlIbseetion B, amenaed 7 31 1973, 'NHieH immediately followed this sllbseetion and dealt with the amollnt of oysters allowed to be taken frem Town waters for eommereial pllrposes, was repealed I 21 1997 by 1.1. No. I 1997. E. Not more than two thousand (2.000) oysters may be contained or taken from Town Waters for commercial purposes in anyone (I) day by anyone (I) person. Two (2) or more persons occupying the same boat may take. in aggregate. not more than four thousand (4.000) oysters in one (I) day from Town Waters for commercial purposes. ARTICLE III Other Marine Resources g219-11;;. Blue claw crabs. A. Blue claw crabs must be harvested according to New York State Department of Enyironmental Conservation regulations. Blue elavl eraBs measllring less tHan fi'le inehes from point to point ofilie upper SHeil shall not be taken from the waters oftlle Tovm ofSomhold. &. ..\ pelTflaneat resieleBt, a ta'1cpayer, a teffi}38rary resiaeat af a gaest aeeemJ3anieel BY a permanent resident may not talee more than 1/2 bushel of blue etaw eraBs from Te'Nfl waters in anyone day for noneomrnereial pUfJloses. [.'\mended '7 '7 1982 by 1.1. No.5 1982] C. Female bllle elaw eraBs shall not be taken from the waters of the Tmvn of Southold. [".mended 7 11 1987 by 1.1. No. 12 1987] ~ ~~~~~~-~~~~~~~~~~ BUoy sllallllave afHl,ed tHerete tlle individual's shellfish permit ffiIIRber. [.\dded '7 14 I 987by 1.1. No. 12 198'7] 9219-124. Mussels. A. A permanent resident, a taxpayer, a temporary non-resident or a guest accompanied by a permanent resident may not ta*e contain more than one bushel of mussels from Town waters in one day for noncommercial purposes. Two (2) or more persons occupying the same boat may contain. in aggregate. not more than two bushels of mussels from Town Waters in one (I) day for noncommercial purposes. B. Not more than 10 bushels of mussels may be taken from Town waters for commercial purposes in one day by anyone person. Two or more persons occupying the same boat may ta*e contain, in the aggregate, not more than 20 bushels of mussels in one day for commercial purposes. C. Ribbed mussels shall be contained by handpicking only. Raking for mussels in peat bog areas shall be prohibited. Page 30 Page 30 July 17,2007 Southold Town Board Meeting Minutes Page 31 D. The containment of mussels is further regulated bv New York State. ~219-.u~. Eels. A. Commercial purposes. No more than 50 eel pots or traps per permitted in Town waters shall be permitted. All pots must be identified with the shellfish permit number. B. A permanent resident, taxpayer and temporary non-resident. No more than five eel pots in Town waters shall be permitted. All pots must be identified with the shellfish permit number. C. The containment of eels is further regulated bv New York State. ARTICLE IV Operational ~219-14e. Culling shellfish and restoration of underwater lands. A. Shellfish shall be culled when taken. All shellfish taken which do not comply with the provisions of this lIFlieIe Chapter shall be immediately returned alive to the water in the immediate vicinitv of where thev were harvested. B. All lands under Town waters disturbed by the taking of shellfish shall be restored to their condition prior to the taking of such shellfish by the person taking such shellfish. &219-15. Fixed Gear A. Fixed gear shall be placed no closer than the outer edge of anv channel svstem and the gear shall not impede navigation. ~219-16+. Restricted areas. Shellfish shall not be taken from any Town waters which have been restricted by the Town Board of Trustees, provided that such restricted areas shall have been properly designated by a resolution duly passed by said Board of Trustees aRE! pfBperly gtakeE! and notices posted by said Board of Trustees. &219-17. Planting of Shellfish Seed. Notwithstanding anv other provision of this Chapter, the Board of Trustees mav approve an organization's plan for planting shellfish seed in Town Waters and upon approval. the Board of Trustees mav then authorize the approved organization and other volunteers acting under its supervision to plant shellfish seed in accordance with the approved plan. ~219-18. Transplanting of shellfish. Notwithstanding any other provision of this lIFlieIe Chapter, the Town Board of Trustees may authorize the transplanting of shellfish in Town waters of any age or size, subject to its Page 31 July 17,2007 Southold Town Board Meeting Minutes Page 32 supervision, when it shall find that such shellfish are in danger of destruction as the result of predators. economic factors or other detrimental causes. 9219-19. Dredges and scrapes. Except as permitted by 9 219-ji-WC of this l!ftiele Chapter, the use of a dredge, seraJle, ell eel dredge, hvdraulic means or similar device te'Ned by a beat operated by mechanical power or other means is prohibited in Town waters. ElWeJlt as Jlermitted by ~ 219 10C efthis miele, the Ilse of a dredge, serllJle, ell dredge or similar deviee tS'Ned by a boat oJlerated by meehaaieal Jlo'.'rer or other means is Jlrohibited in To',VII waters except by special permission of the Trustees for scientific study projects. 9219-20. Vegetation removal prohibited. No person shall remove beach grasses or wetland vegetation of any kind, nor place spoil thereon, in any other area of the Town of Southold without prior written approval by the Board of Town Trustees of the Town of Southold. &219-21. Aquaculture/Maraculture Exemption. The Board of Trustees mav grant an exemption or variance. in terms ofoermitted sizes. number and time periods of harvest. from the provisions of this Chapter for aquaculture/maraculture activities that are properlv permitted bv the New York Department of Environmental Conservation. 9219-22+. Penalties for offenses. f.. f.HY Jlerson eonvieted of an offense against aRJ' Jlrsyision sf this artiele shaUbe deemed ts have eommitted a violation against slleh miele and also shall be liable for any slleh sffense sr Jlenalty therefor. A.&.- For e>.'efJ'- each offense against any provision ofthis artiele Chapter, the person committing the same shall be subject to a fine not to exceed $500 or imprisonment not exceeding 15 days,.ef both slleh fine and ilflJlrisonrnent. ~.G. A second conviction for an offense against any of the provisions of this article within a period of one year shall result in immediate revocation oftheir permit. shall eonstiMe and effeet an immediate forfeitHl'e of a Jlermit issHed to slleh Jlerson, No new permit shall be issued to such person for at least one year after such forfeiture. D. f.ny Jlerson eommitting an offense against this artiele shaUbe sHlljeet to a eivil Jlenalty enforeeable and eolleetible by the Town for eaeh slleh offense. Slleh Jlenalty shaUbe eolleetible by and in the narne ofthe Tovffl. C.B. In addition to the above-provided penalties and punishment, the Town Board may also maintain commence an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the offense against this l!ftiele Chapter. Page 32 July 17,2007 Southold Town Board Meeting Minutes Page 33 &219-23. Coordination and enforcement. The Director of Code Enforcement and/or the Bav Constable are responsible for coordination and enforcement of the provisions of this Chapter. and have the authoritv to issue violations of the provisions of this Chapter. 111. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ./ Vote Record ~ Resolution RES-2007-624 Yes/Aye No/Nay Abstain Absent 6'1 Adopted Albert Krupski Jr. Initiator 6'1 0 0 0 0 Adopted as Amended William P. Edwards Seconder 6'1 0 0 0 0 Defeated Daniel C. Ross Voter 6'1 0 0 0 0 Tabled Thomas H Wickham Voter 6'1 0 0 0 0 Withdrawn Louisa P. Evans Voter 6'1 0 0 0 Scott Russell Voter 6'1 0 0 0 2007-625 CATEGORY: DEPARTMENT: Planning Town Clerk Shellfish LL to SCPB & Plan RESOLVED that the Town Board of the Town of South old hereby authorizes and directs the Town Clerk to forward the proposed Local Law entitled. "A Local Law in relation to Shellfish and Other Marine Resources". to the Suffolk County Planninl!: Commission for comments and recommendations. ./ Vote Record - Resolution RES-2007-625 yesft\Y<<: N"olNay Abstain Absent 6'1 Adopted Albert Krupski Jr. Seconder 6'1 0 0 0 0 Adopted as Amended William P. Edwards Initiator 6'1 0 0 0 0 Defeated Daniel C. Ross Voter 6'1 0 0 0 0 Tabled Thomas H. Wickham Voter 6'1 0 0 0 0 Withdrawn Louisa P. Evans Voter 6'1 0 0 0 Scott Russell Voter 6'1 0 0 0 Page 33 July 17,2007 Southold Town Board Meeting Minutes Page 34 2007-626 CATEGORY: DEPARTMENT: Road Dedications Town Clerk Ryder Lane Dedication Preparation WHEREAS a written petition was duly filed on April 20, 2007 pursuant to New York State Town Law Section 200 for the improvement of highways in the hamlet of Orient, Town of Southold known as Ryder Farm Lane and Park View Lane and designated on a map known as "Map of Orient by the Sea, Section 3" filed in the Suffolk County Clerk's Office on the 16th day of October, 1974 as Map No. 7703 and further designated as SCTM# 1000-15-5-25.3; and WHEREAS said petition has been duly signed by the owners of real estate owning at least one- half of the entire frontage or bounds on both sides of said highways and it further duly appears that the petition was also signed by resident owners owning not less than one half of the frontage owned by resident owners residing in or along such highways; and WHEREAS such petition was duly acknowledged by all the signers thereof in the same manner as a deed to be recorded; and WHEREAS the maximum amount proposed to be expended for the improvement of said highways as stated in the petition is the sum of 180,000 to be paid as follows: 30,000 to be paid by Petitioners 60,000 to be paid by County of Suffolk 90,000 to be paid by Town of Southold; and WHEREAS the Town Board of the Town of Southold held a public hearing at the Southold Town Hall, 53095 Main Road, Southold, N.Y. on the 5th day of June at 7:45 p.m., for the purposes of considering said petition and hearing all persons interested in the subject; and WHEREAS notice of said public hearing was duly published and posted as required by law; and Page 34 July 17,2007 Southold Town Board Meeting Minutes Page 35 NOW, THEREFORE, after such hearing and upon the evidence given thereat, and pursuant to Section 200 of the Town Law of the State of New York, it is hereby RESOLVED that this Board does hereby determine that it is in the public interest to make the improvements petitioned for, to wit: The construction or repair and paving of such roads, clearing of brush and culverts and other improvements necessary for proper drainage; and that such improvements will be funded as set forth in the petition; and it is further RESOLVED that the Town Board shall commission a survey to be done of said highways and establish the lines and grades thereof and such survey and a profile of the grade shall be filed in the Town Clerk's Office, and such cost shall be made a part of the project; and it is further RESOLVED that the Town of South old Office of Engineering shall prepare definite plans and specifications and make a careful estimate for the performance of the work; and it is further RESOLVED that upon completion ofthe aforesaid plans and specifications, the Superintendant of Highways may perform such work or part thereof and/or the Town shall advertise for sealed bids for furnishing all or part of the labor, materials and equipment for the construction or repair of such highways and drainage as set forth in the petition; and the cost thereof shall be deemed a part of the expense ofthe improvement; and it is further RESOLVED that upon award of the bid and completion of the improvements to the satisfaction of the Superintendant of Highways and the office of Engineering, the Town will accept dedication of the roads known as Ryder Farm Lane and Park View Lane. ./ Vote Record - Resolution RES-2007-626 yes!i\ye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Seconder 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 0 Ii'! 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-639 Page 35 July 17,2007 Southold Town Board Meeting Minutes Page 36 CATEGORY: DEPARTMENT: Seqra Town Clerk SEQRAfor Ryder Farm Lane RESOLVED that the Town Board of the Town of Southold hereby determines that the street improvements to Rvder Farm Lane and Park View Lane is a Tvpe II Action pursuant to SEORA Rules and Reeulations. and no review is reauired. .;' Vote Record ~ Resolution RES-2007-6J9 y~~~y~ ~olI'lay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-627 CATEGORY: DEPARTMENT: Bond Town Clerk Ryder Farm Bond $150, 000 BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JULY 17, 2007, AUTHORIZING THE CONSTRUCTION OF IMPROVEMENTS TO RYDER FARM LANE AND PARK VIEW LANE; STATING THE ESTIMATED MAXIMUM COST THEREOF IS $180,000; APPROPRIATING SAID AMOUNT THEREFOR, INCLUDING THE EXPENDITURE OF $30,000 EXPECTED TO BE PAID FROM THE PROCEEDS OF A SEPARATE ISSUE OF BONDS AND $60,000 EXPECTED TO BE RECEIVED AS A REIMBURSEMENT FROM THE COUNTY OF SUFFOLK; AND AUTHORIZING THE ISSUANCE OF $150,000 SERIAL BONDS OF SAID TOWN TO FINANCE A PART OF SAID APPROPRIATION Page 36 July 17, 2007 Southold Town Board Meeting Minutes Page 37 THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to construct improvements to Ryder Farm Lane and Park View Lane, as shown and designated on a certain map entitled "Map of Orient by the Sea, Section 3," and filed in the Office of the Clerk of the County of Suffolk on October 16, 1974, as Map number 7703 and further designated as SCTM #1000-15-5-25.3. The estimated maximum cost of such project, including preliminary costs and costs incidental thereto and the financing thereof, is $180,000 and said amount is hereby appropriated therefor. The plan of financing includes: (i) the issuance of $150,000 serial bonds of the Town, with the principal of and interest on such debt to be paid by the levy and collection of taxes on all the taxable real property in the Town at the same time and in the same manner as other Town charges and (ii) the issuance of $30,000 serial bonds of the Town, with the principal of and interest on such debt to be paid by the assessment, levy and collection from the several lots and/or parcels of land within said Town which the Town Board shall deem to be especially benefited thereby, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same, in conformity with the proceedings heretofore completed pursuant to Section 200 of the Town Law. In addition, it is expected that $60,000 shall be received by the Town from the County of Suffolk as a reimbursement for part of the cost of the project and said reimbursement funds are authorized to be applied towards the cost of said project or redemption of the Town's bonds or notes issued therefor, or to be budgeted as an offset to the taxes to be collected for the payment of the principal of and interest on said bonds or notes. Serial bonds of the Town in the principal amount of $150,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (referred to herein as the "Law"), to finance a part of said appropriation. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the purpose for which said $150,000 serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 20 Page 37 July 17,2007 Southold Town Board Meeting Minutes Page 38 ( c) of the Law, is fifteen (15) years; however, the bonds authorized pursuant to this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall mature no later than five (5) years from the date of original issuance of said bonds or notes. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized, or for expenditures made on or prior to such date if a prior declaration of intent has been made. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will not exceed five (5) years. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Page 38 July 17, 2007 Southold Town Board Meeting Minutes Page 39 The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds may be contested only if: such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or such obligations are authorized in violation of the provisions of the constitution. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish a summary of this bond resolution, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "THE SUFFOLK TIMES," a newspaper published in Southold, New York, having a general circulation in the Town and hereby designated the official newspaper of said Town for such publication. * * * (NOTICE TO BE ATTACHED TO AND TO BE PUBLISHED WITH SUMMARY OF RESOLUTION AFTER ADOPTION) NOTICE The resolution, a summary of which is published herewith, has been adopted on the 17th day of July, 2007, and the validity ofthe obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the TOWN OF SOUTHOLD, in the County of Suffolk, New York, is not authorized to expend money or if the provisions oflaw which should have been complied with as of the date of publication of this Notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the publication of this Notice, or such obligations were authorized in violation of the provisions ofthe constitution. ELIZABETH A. NEVILLE Town Clerk Page 39 July 17,2007 Southold Town Board Meeting Minutes Page 40 BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JULY 17, 2007, AUTHORIZING THE CONSTRUCTION OF IMPROVEMENTS TO RYDER FARM LANE AND PARK VIEW LANE; STATING THE ESTIMATED MAXIMUM COST THEREOF IS $180,000; APPROPRIATING SAID AMOUNT THEREFOR, INCLUDING THE EXPENDITURE OF $30,000 EXPECTED TO BE PAID FROM THE PROCEEDS OF A SEPARATE ISSUE OF BONDS AND $60,000 EXPECTED TO BE RECEIVED AS A REIMBURSEMENT FROM THE COUNTY OF SUFFOLK; AND AUTHORIZING THE ISSUANCE OF $150,000 SERIAL BONDS OF SAID TOWN TO FINANCE A PART OF SAID APPROPRIATION The object or purpose for which the bonds are authorized is the construction of improvements to Ryder Farm Lane and Park View Lane, at the estimated maximum cost of $180,000. The amount of obligations to be issued pursuant to this resolution is $150,000. The estimated maximum cost of the project is $180,000, with $30,000 of such cost to be paid from the proceeds of a separate issue of Town bonds for which special assessments shall be collected pursuant to Section 200 of the Town Law. In addition, it is expected that $60,000 shall be received by the Town from the County of Suffolk as a reimbursement for part of the cost of the project and said reimbursement funds are authorized to be applied towards the cost of said project or redemption of the Town's bonds or notes issued therefor, or to be budgeted as an offset to the taxes to be collected for the payment of the principal of and interest on said bonds or notes. The period of usefulness is fifteen (15) years; however, the bonds authorized pursuant to this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall mature no later than five (5) years from the date of original issuance of said bonds or notes. Page 40 July 17,2007 Southold Town Board Meeting Minutes Page 41 A complete copy of the Bond Resolution summarized above shall be available for public inspection during normal business hours at the office ofthe Town Clerk, Town Hall, 53095 Main Road, Southold, New York. The bond resolution was adopted on July 17, 2007. -/ Vote Record - Resolution RES-2007-627 Yes/A.Ye. No/Nay Abstain Absent iii Adopted Albert Krupski Jr. Voter iii 0 0 0 0 Adopted as Amended William P. Edwards Voter iii 0 0 0 0 Defeated Daniel C. Ross Voter iii 0 0 0 0 Tabled Thomas H. Wickham Initiator iii 0 0 0 0 Withdrawn Louisa P. Evans Seconder iii 0 0 0 Scott Russell Voter iii 0 0 0 2007-628 CA TEGORY: DEPARTMENT: Bond Town Clerk Bondfor Improvements of Ryder Farm Lane & Park View Lane $30,000.00 BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JULY 17, 2007, RATIFYING THE APPROPRIATION OF $30,000 TO FINANCE A PART OF THE COST OF CONSTRUCTION OF IMPROVEMENTS TO CERTAIN HIGHWAYS IN THE HAMLET OF ORIENT, KNOWN AS RYDER FARM LANE AND PARK VIEW LANE; STATING THE ESTIMATED MAXIMUM COST THEREOF IS $180,000, WITH $150,000 OF SAID COST EXPECTED TO BE PAID FROM OTHER SOURCES; AND AUTHORIZING THE ISSUANCE OF $30,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID $30,000 APPROPRIATION Recitals WHEREAS, a petition for the improvement of certain highways in the Town of Southold, Suffolk County, New York (hereinafter referred to as the "Town"), known as Ryder Farm Lane and Park View Lane, and shown and designated on a certain map entitled "Map of Page 41 July 17,2007 Southold Town Board Meeting Minutes Page 42 Orient by the Sea, Section 3," and filed in the Office of the Clerk of the County of Suffolk on October 16, 1974, as Map number 7703 and further designated as SCTM #1000-15-5-25.3, has been received by the Town; and WHEREAS, such petition has been duly signed by the owners of real estate fronting or abutting upon either side of said highway to the extent of at least one-half of the entire frontage or bounds on both sides of said highway; and such petition was also duly signed by resident owners owning not less than one-half of the frontage owned by the resident owners residing in or along such highway, and such petition was duly acknowledged or proved by all the signers thereof in the same manner as a deed to be recorded; and WHEREAS, after a public hearing duly called and held, the Town Board of the Town determined on July 17, 2007 that it is in the public interest to construct such improvements described in the petition, and directed that such highways be so improved; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold hereby ratifies the appropriation of $30,000 for the construction of improvements to Ryder Farm Lane and Park View Lane, as described in the petition referred to in the above Recitals, to wit: the construction or repair and paving of such roads, clearing of brush and culverts and other improvements necessary for proper drainage. The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, is $180,000 and the plan of financing includes: (i) the issuance of $30,000 serial bonds of the Town, with the principal of and interest on such debt to be paid by the assessment, levy and collection from the several lots and/or parcels of land within said Town which the Town Board shall deem to be especially benefited thereby, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same, in conformity with the proceedings heretofore completed pursuant to Section 200 of the Town Law and (ii) the issuance of $150,000 serial bonds ofthe Town, with the principal of and interest on such debt to be paid by the levy and collection of taxes on all the taxable real property in the Town at the same time and in the same manner as other Town charges. In addition, it is Page 42 July 17,2007 Southold Town Board Meeting Minutes Page 43 expected that $60,000 shall be received by the Town from the County of Suffolk as a reimbursement for part of the cost of the project and said reimbursement funds are authorized to be applied towards the cost of said project or redemption of the Town's bonds or notes issued therefor, or to be budgeted as an offset to the taxes to be collected for the payment of the principal of and interest on said bonds or notes. Section 2. Serial bonds of the Town in the principal amount of $30,000, are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"), to finance said $30,000 appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness of specific object or purpose for which said $30,000 serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 a. 20 ( c) of the Law, is fifteen (IS) years; however, the bonds authorized pursuant to this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds, shall mature no later than ten (10) years from the date of original issuance of said bonds or notes. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the Page 43 July 17, 2007 Southold Town Board Meeting Minutes Page 44 punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and the renewals of said bond anticipation notes, and relative to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized In violation of the provisions of the constitution. Section 7. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish the foregoing resolution, in summary, together Page 44 July 17, 2007 Southold Town Board Meeting Minutes Page 45 with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "THE SUFFOLK TIMES," a newspaper having a general circulation in the Town and hereby designated the official newspaper of said Town for such publication. (NOTICE TO BE ATTACHED TO AND TO BE PUBLISHED WITH SUMMARY OF RESOLUTION AFTER ADOPTION) NOTICE The resolution, a summary of which is published herewith, has been adopted on the 17th day of July, 2007, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Southold, in the County of Suffolk, New York, is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this Notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the publication of this Notice, or such obligations were authorized in violation of the provisions ofthe constitution. ELIZABETH A. NEVILLE Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JULY 17, 2007, RATIFYING THE APPROPRIATION OF $30,000 TO FINANCE A PART OF THE COST OF CONSTRUCTION OF IMPROVEMENTS TO CERTAIN HIGHWAYS IN THE HAMLET OF ORIENT, KNOWN AS RYDER FARM LANE AND PARK VIEW LANE; STATING THE ESTIMATED MAXIMUM COST THEREOF IS $180,000, WITH $150,000 OF SAID COST EXPECTED TO BE PAID FROM OTHER SOURCES; AND AUTHORIZING THE ISSUANCE OF $30,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID $30,000 APPROPRIATION Page 45 July 17,2007 Southold Town Board Meeting Minutes Page 46 The object or purpose for which said bonds are authorized is the construction of improvements to Ryder Farm Lane and Park View Lane, at the estimated maximum cost of $180,000. The amount of obligations to be issued pursuant to this resolution is $30,000. The estimated maximum cost of the project is $180,000, with $150,000 of such cost expected to be paid by the Town of Southold from the proceeds of a separate issue of serial bonds to be issued by the Town. In addition, it is expected that $60,000 shall be received by the Town from the County of Suffolk as a reimbursement for part of the cost of the project and said reimbursement funds are authorized to be applied towards the cost of said project or redemption of the Town's bonds or notes issued therefor, or to be budgeted as an offset to the taxes to be collected for the payment of the principal of and interest on said bonds or notes. The period of probable usefulness fifteen (15) years; however, the bonds authorized pursuant to this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds, shall mature no later than ten (10) years from the date of original issuance of said bonds or notes. A complete copy of the Bond Resolution summarized above shall be available for public inspection during normal business hours at the office ofthe Town Clerk, Town Hall, 53095 Main Road, Southold, New York. The bond resolution is dated July 17,2007. ./ Vote Record - Resolution RES-2007-628 \,~s/.-\ye NolNay Abstain Absent Ii! Adopted Al~~I'"t~rupskiJr. Initiator 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 Voter Ii! 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii! 0 0 0 Scott Russell Voter Ii! 0 0 0 2007-629 CATEGORY: DEPARTMENT: CloselUse Town Roads Town Clerk Grant Permission to North Fork Beach Volleyball to Park Vehicles of Participating Players and Page 46 July 17, 2007 Southold Town Board Meeting Minutes Page 47 Observers, on Breakwater Road, Mattituck RESOLVED that the Town Board of the Town of South old hereby l!:rants permission to North Fork Beach Vollevball to park vehicles of participatinl!: plavers and observers. on Breakwater Road. Mattituck on Saturday, July 28, 2007 (Rain Date: Sunday July 29, 2007) and Saturday, September 8, 2007 (rain date Sunday September 9, 2007) for the purpose of holding Beach Volleyball Tournaments, and these vehicles shall be exempt from Southold Town parking fees for that day; vehicles shall display a Mattituck Park District parking permit or "Official Tournament Parking" flyers provided the North Fork Beach Volleyball organization contacts Captain Flatley upon receipt of this resolution to coordinate parking for those dates. ~ Vote Record - Resolution RE8-2007-629 Yes/Aye NolNay Abstain Absent It! Adopted Albert Krupski Jr. Seconder It! 0 0 0 0 Adopted as Amended William P. Edwards Initiator It! 0 0 0 0 Defeated Daniel C. Ross Voter It! 0 0 0 0 Tabled Thomas H. Wickham Voter It! 0 0 0 0 Withdrawn Louisa P. Evans Voter It! 0 0 0 Scott Russell Voter It! 0 0 0 2007-630 CATEGORY: DEPARTMENT: Employment - Town Accounting Appoint Provisional Town Planning Director Lanza RESOLVED that the Town Board ofthe Town of South old hereby appoints Heather Lanza to the position of provisional Town Planninl!: Director for the Planning Department, effective August 29, 2007, at a rate of $94,000.00 per annum. -/ Vote Record - Resolution RE5-2007-6JO Yes/Aye NolNay Abstain Absent It! Adopted A1~ert~r:':Ips~i Jr. Voter It! 0 0 0 0 Adopted as Amended William P. Edwards Voter It! 0 0 0 0 Defeated Daniel C. Ross Initiator It! 0 0 0 0 Tabled Thomas H. Wickham Seconder It! 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 It! 0 0 Scott Russell Voter 0 It! 0 0 2007-631 CATEGORY: DEPARTMENT: Public Service Town Clerk Page 47 July 17,2007 Southold Town Board Meeting Minutes Page 48 Waive 30 Day Noticefor Liquor License Renewalfor Shady Lady Restaurant RESOLVED that the Town Board of the Town of Southold hereby waives the 30 Dav notification for the renewal of a liquor license to Shady Ladv Restaurant Com., 305 North Road, Greenport, New York. ./ Vote Record - Resolution RES-2007-631 \,es/t\ye NOlNsy Abstain Absent 0'1 Adopted Albert~':lJp_*iJr. Voter 0'1 0 0 0 0 Adopted as Amended William P. Edwards Voter 0'1 0 0 0 0 Defeated Daniel C. Ross Voter 0'1 0 0 0 0 Tabled Thomas H. Wickham Seconder 0'1 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii'I 0 0 0 Scott Russell Voter Ii'I 0 0 0 2007-632 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Mattituck Presbyterian Church to Close Sound Avenue From Love Lane to the Driveway of the Parking Lot East of the Church of the Redeemer for Its Annual Summer Fair on Saturday, August 4,2007 Form 7:00 AM to 4:00 PM RESOLVED that the Town Board ofthe Town of Southold hereby !!:rants permission to the Mattituck Presbyterian Church to close Sound Avenue from Love Lane to the driveway of the parkin!!: lot east of the Church of the Redeemer for its Annual Summer Fair on Saturday. Au!!:ust 4. 2007 form 7:00 AM to 4:00 PM provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon approval of this resolution to coordinate traffic control. ./ Vote Record ~ Resolution RES-2007--632 Yes/Aye NolNay Abstain Absent 0'1 Adopted Albert Krupski Jr. Voter Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'I 0 0 0 0 Defeated Daniel C. Ross Voter 0'1 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii'I 0 0 0 0 Withdmwn Louisa P. Evans Seconder Ii'I 0 0 0 Scott Russell Voter 0'1 0 0 0 2007-633 CATEGORY: DEPARTMENT: Seqra Town Attorney Finds that the Adoption of the Local Law Entitled "Temporary Moratorium on the Processing, Review OJ, and Making Decisions on Applications for Building Permits, Site Plans and Special Exception Use Page 48 July 17, 2007 Southold Town Board Meeting Minutes Page 49 Permits for Wireless Communication Facilities In the Town of Southold" is Classified As a Type II Action Pursuant to SEQRA Rules and Regulations RESOLVED that the Town Board ofthe Town of Southold hereby finds that the adoption of the local law entitled "Temporary Moratorium on the Processin!!. Review of. and makin!! Decisions on applications for Buildin!! Permits. Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold" 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 of the Town Code of the Town of Southold, Waterfront Consistency Review. ./ Vote Record - Resolution RES-2007-633 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupsk:J !r~ Initiator 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 Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-634 CATEGORY: DEPARTMENT: Seqra Town Attorney Finds that the Adoption of the Local Law Entitled "A Local Law In Relation to One-Day Nonresident Parking Permits" is Classified As a Type II Action Pursuant to SEQRA Rules and Regulations RESOLVED that the Town Board of the Town of South old finds that the adoption of the local law entitled "A Local Law in relation to One-Dav Nonresident Parkin!! Permits" is classified as a Tvpe II Action pursuant to SEORA Rules and Rel.!:ulations, 6 NYCRR Section 617.5, is not subject to review under SEQRA, and is exempt from review under Chapter 268 of the Town Code ofthe Town of Southold, Waterfront Consistency Review. ./ Vote Record - Resolution RES-2007-634 Yes/Aye No/Nay Abstain Absent Ii'! Adopted Albert KrupskiJr. 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 1<1 0 0 0 2007-636 Page 49 July 17, 2007 Southold Town Board Meeting Minutes Page 50 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, "TemDorarv Moratorium on the Processin!!:. Review of. and makin!!: Decisions on aDDlications for Buildin!!: Permits. Site Plans and SDecial ExceDtion Use Permits for Wireless Communication Facilities in the Town of South old"; 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 of the Town of South old hereby ENACTS the proposed Local Law entitled, "TemDorarv Moratorium on the Processin!!:. Review of. and makin!!: Decisions on aDDlications for Buildin!!: Permits. Site Plans and SDecial ExceDtion Use Permits for Wireless Communication Facilities in the Town of Southold" reads as follows: LOCAL LAW NO. ...li...of 2007 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 South old as follows: Section I. 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 Page 50 July 17, 2007 Southold Town Board Meeting Minutes Page 51 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 g274-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 g280-4 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 g274-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 g280-4 of the Code of the Town of Southold. 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 g274-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 Page 51 July 17,2007 Southold Town Board Meeting Minutes Page 52 Law is in effect. All terms used in this Local Law are as defined in g280-4 of the Code of the 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 COMMUNICATION FACILITIES 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 gI0(1)(ii)(d)(3); gI0(1)(ii)(a)(14) and g22 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 g274-a, g274-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 ofthis 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 of this Local Law, the health, safety or welfare ofthe 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 ofthe 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 Page 52 July 17, 2007 Southold Town Board Meeting Minutes Page 53 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 of the 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. ./ Vote Record - Resolution RE8-2007-636 Yes/Aye No/Nay Abstain Absent 0 Adopted AlbertKrups~iJr. Voter 1<1 0 0 0 0 Adopted as Amended William P. Edwards Voter 1<1 0 0 0 0 Defeated Daniel C. Ross Voter 1<1 0 0 0 1<1 Tabled Thomas H. Wickham Seconder 1<1 0 0 0 0 Withdrawn Next: Jul 31, 2007 7:30 PM Louisa P. Evans Initiator 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2007-635 CATEGORY: DEPARTMENT: Seqra Town Attorney Finds that the Adoption of the Local Law Entitled "A Local Law In Relation to Amendments to the Sign Regulations" is Classified As a Type II Action Pursuant to SEQRA Rules and Regulations RESOLVED that the Town Board of the Town of Southold hereby finds that the adoption of the local law entitled "A Local Law in Relation to Amendments to the Sien Reeulations" is classified as a Tvpe II Action pursuant to SEORA Rules and Reeulations, 6 NYCRR Section 617.5, is not subject to review under SEQRA, and is exempt from review under Chapter 268 of the Town Code of the Town of South old, Waterfront Consistency Review. Page 53 July 17, 2007 Southold Town Board Meeting Minutes Page 54 ./ Vote Record - Resolution RES.2007-63S yesJ"ye N()/Nay Abstain Absent Ii'! Adopted Albert KrupskiJr. 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 2007-638 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact LL Sign Regulations WHEREAS there has been presented to the Town Board ofthe 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 of the Town of South old 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 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...!.!L of 2007 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 ewflef 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, inseeme, damaged, deteriorated, Elf a menace to the pllillie is an immediate peril to person or Page 54 July 17,2007 Southold Town Board Meeting Minutes Page 55 property, ef has been erected on property other than priyate property or in yiolation of the proyisions ofthis chapter, he shall gh.e ',witten netiee by eertified mail to tile owner eftlle premises en whi~h saeh sign is leeated, as showR en the latest T eVffl assessment relL Said sign aRd all Rflpl!rtenaRees shall be takeR dO'NIl and remeved by tile owner, agent er perseR having the benetieial ase eftlle building or stroeture upon vkieh su~h sign may be !Gand v;itllin 39 days after ,witteR notifieation from tile Building InSj'leetef. UpOR tile failure to eemply with sueh netiee within tile time speeified therein, tile BuildiRg Inspeetor is autIlerized te remove or eause the remeyal of sueh sign at the eRpense of the persan ar pemons named in sueh netiee. such sign may be remoyed and disposed of by the Town without prior notice. Upon such remoyal, all costs and expenses incurred by the Town for the removal and storage of such sign shall be assessed against tile land en whieh sueh sign was leeated the responsibility of the owner or beneficiary of such sign. The Town may pursue any and all remedies available at law to recover any unpaid costs associated with removal of any sign. including filing a statement and a statement af slleh expenses shall Be preseRted to tile owner efthe land. If slleh statement is net paid within 30 days after its presentment, the Bllilding Inspeeter may tile a statemeRt with the Town Assessors, identifying the property in connection with which such expenses were incurred and the owner thereof as shown on the latest assessment roll of the Town. The Assessors, in the preparation of the next assessment roll, shall assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalty as is provided by law for the collection and enforcement of real property taxes in the Town of Southold7 The O'Nner of tile sign rema'led by the Building Inspeetor as hereinbtlfore proyided shall Bat be permitted ta redeem saeh sign until all ellflenses ef remlnal and storage haye been paid. C. If, in tile determinatiaR ef tile Building Inspeetar, a sign is an immediate peril to persons or property, he may eal!se satlh sign to be remo'ied summarily and ',yitlleut notiee. The east of sllsh reme'lal shall be paid by tile T 8'.'ffl, aRd sush arneant shall be and besome a lieR upon the premises in i}aestien and shall be le'lied and sollested in the same manner and ander the same penalties as an assessmtlnt of a pl!blie improytlment. C. At the discretion of the Building Inspector. a sign may be stored by the Town and notice given bv certified mail or personal service to the owner and/or beneficiary of the sign. Such sign may be redeemed by the owner or beneficiary upon payment of the removal and storage costs. Any sign stored by the Town and not redeemed within 30 days of the date of mailing may be disposed of without additional notice. D. The owner of property upon which a sign is located. or any person that erects, installs or maintains a sign in violation of the provisions of this chapter shall be guilty of an offense punishable 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 unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional, Page 55 July 17,2007 Southold Town Board Meeting Minutes Page 56 Section 4. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. ,/ Vote Record - Resolution RE8-2007-638 Yes/Aye ~o/Nay Abstain Absent 0 Adopted J\lbe~,l(rlJP*i}r. Voter iii 0 0 0 0 Adopted as Amended William P. Edwards Voter iii 0 0 0 0 Defeated Daniel C. Ross Voter iii 0 0 0 iii Tabled 0 Withdrawn Thomas H. Wickham Initiator iii 0 0 0 Next: Jul31, 2007 7:30 PM Louisa P. Evans Seconder iii 0 0 0 Scott Russell Voter iii 0 0 0 2007-637 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact LL J 7 Daily Beach Permits WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 19th day of June, 2007 a Local Law entitled "A Local Law in relation to One-Dav Nonresident Parkin!!: Permits" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to One-Dav Nonresident Parkin!!: Permits" reads as follows: LOCAL LAW NO. 17 of 2007 A Local Law entitled, "A Local Law in relation to One-Dav Nonresident Parkin!!: Permits". BE IT ENACTED by the Town Board of the Town of Southold as follows: IV. Purpose - To restrict the sale of parking permits at beaches to be available from the Town Clerk and the Town beach attendants only, in order to provide for better control of issuance of permits and to alleviate congestion in certain parking areas of Town. V. follows: Chapter 189 ofthe Parking Code ofthe Town of South old is hereby amended as S 1 89-3(D). One-day nonresident permits. Page 56 July 17,2007 Southold Town Board Meeting Minutes Page 57 (1) One-day nonresident parking permits may be issued for the parking of vehicles on the parking areas at Southold Town Beach, Norman E. Klipp Marine Park and New Suffolk Beach to any person, by the attendant on duty at such parking areas, or bv the Town Clerk. ana alse shall be sole in beaks of 59 Hermits to the HraHrietars afthe fellewini:: reereatianal businesses: bike reBtals. ka.yak reBtals aRe HDhinl': statisftS. VI. 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. VII. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided bylaw. ./ Vote Record - Resolution RES-2007-637 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 Withdrawn Louisa P. Evans Initiator 0 0 0 Scott Russell Initiator 0 h 0 0 VI. Public Hearin!!s 1. Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearin!!. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell 2. Cell Tower LL 7/17/07 4:35 Pm COMMENTS - Current Meeting: COUNCILMAN WICKHAM: WHEREAS there has been 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, "Temporary Moratorium on the Processin!!. Review of. and makin!! Decisions on applications for Buildin!! Permits. Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold"; now therefore, be it RESOLVED that the Town Board of the Town of South old will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 17th day of July 2007 at 4:35 p.m. at which time all interested persons will be given an Page 57 July 17,2007 Southold Town Board Meeting Minutes Page 58 opportunity to be heard. The proposed Local Law entitled, "Temporary Moratorium on the Processin!!. Review of. and maldn!! Decisions on applications for Buildin!! Permits. Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold" reads as follows: LOCAL LAW NO. 2007 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 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 MORA TORlUM 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: 1) the Planning Board shall not accept for review, continue review, hold a hearing Page 58 July 17, 2007 Southold Town Board Meeting Minutes Page 59 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 ~274-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 ~280-4 of the Code of the Town of South old. 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 ~274-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 ~280-4 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 ~274-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 Law is in effect. All terms used in this Local Law are as defined in ~280-4 of the Code of the 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 TION FACILITIES in the Town of Southold. Section 4. EXCLUSIONS This Local Law shall not apply to: 1) Site plans for which final or conditional final approval was granted by the Planning Board prior to the effective date of this Local Law. Section 5. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE Page 59 July 17,2007 Southold Town Board Meeting Minutes Page 60 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 gI0(1)(ii)(d)(3); gI0(1)(ii)(a)(14) and g22 to supersede any inconsistent authority. In particular, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law g274-a, g274-b and the provisions and requirements set forth in Chapter 280 of the 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 of this Local Law, the health, safety or welfare of the Town of South old, 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 oftwo hundred fifty ($250.00) dollars for the processing of such application, along with copies of the site development plan and any related information required in accordance with the procedures set forth in Chapter 280 ofthe 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 ofthis 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 of the 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. Page 60 July 17, 2007 Southold Town Board Meeting Minutes Page 61 That basically is the public hearing and that is the notice that has been published out there on the Town Clerk's bulletin board. It has also been included in the local newspaper as a legal. I have a letter here and it is not signed "To Supervisor Russell and the Town Board, I am writing in regards to the proposed Cingular wireless cell tower plan for Orient by the Sea. I think, along with many others in the area to whom I have spoken, that for this tower to be permitted is a disgrace, benefiting no one directly but a particular family. The money from this tower will go directly to the owners and will be of no financial gain to the rest of the Town. In a previous article in the newspaper, the Supervisor was quoted as saying that no towers should be for personal gain and this is exactly what this would be. There is already a cell tower in Orient but at least that benefits the local fire department. There is no proven need for a tower that far out, whose service would benefit solely the bank account of one business. Because I am acquainted with the owner of that business, as are others, we wish to remain anonymous at this time. If there was a need for a tower out that far in Orient, why not the state park? Where the financial gain would be for the greater good. Allowing this to proceed would be opening Pandora's box. On an additional disturbing note, the public hearing sign posted at the restaurant was taken down the very day it was posted and to our observations, was never returned. This is a sneaky and underhanded maneuver to fly below the radar during this time where cell towers are such an issue. We would hope the Board would reconsider their position on this tower and at the very least, have Orient by the Sea, the business, subjected to the proposed moratorium. Thank you very much." Here is a letter from Ellen McNeilly, "I am writing in support of the proposed moratorium on cell towers and would like this letter in its entirety to be read into the record. Based on my experience as the co-chair of the cell tower committee of the Orient Association, the issues raised now before the Town are too important to be addressed piecemeal. Tower erectors are viewing the Town's fire and park districts as means to build towers in areas where cell towers are per se prohibited by Town legislation. They offer to build so-called public safety towers at no cost to public districts but only at a height that works for cell operators, once approved, these so-called public safety towers then become co-location opportunities for cell companies who become tenants of the tower erector and sub-tenants of the fire districts. This becomes a complicated and risk laden situation for district tax payers. The technology that fire districts currently use which is low band, is increasingly impacted by low band commercial communications. Manufacturers are no longer supporting their old equipment. They do need to upgrade and to high band interference free communications. Do FD, PD, EMS communications need tall towers to solve these problems? These companies that want to erect tall towers and lease them to cell companies say yes, marshalling so called facts which seem to in effect of the necessity of great height. But upon closer examination, the answer is a definite no. Sixty feet to 75 foot towers are sufficient to send line of sight FD, PD, EMS signals 12 miles in all directions. The hamlets, villages and townships on the north fork fall within that distance of each other, so there is no need to exceed that height. Cellular signals, in contrast, are set to a range of six to eight miles on the types of towers, that is 90-120 feet proposed. When using the omni directional antennae typically employed signal propagation forms 360 degree rings of gradually decreasing strength. This means that there will never be 100 percent coverage, even if locating a tower every five miles. There will always be gaps where the circles overlap. Think of the Olympic symbol, for instance. For this reason, cell companies are increasingly relying on new, less expensive, easily upgradeable distributed digital technologies, making it possible to locate Page 61 July 17,2007 Southold Town Board Meeting Minutes Page 62 cell equipment on existing infrastructure such as telephone poles, bypassing the need for large towers. Most importantly, this technology and the very equipment that cell and cable companies are using can itself be used to carry and distribute fire, police and EMS signals. The availability of this new technology, in places like East Hampton to call for solution partners to design a distributed antenna system for cell communications utilizing existing towers, existing electric and light utility poles, as well as small, distributed 60 foot to 70 foot towers in a mesh. This has been initiated by the Planning Department, and would involve no Zoning or Building Department issues. The 1996 Federal Communications Commission ruling on cellular communications mandated that towns must permit satisfactory coverage. This does not mean 100 percent or even full coverage, simply satisfactory coverage. Furthermore, towns are not required by federal regulation to satisfy all the cell companies. For instance, Verizon could provide satisfactory cell coverage to all residents of Southold but that would hardly be satisfactory for T-Mobile, ATT/Cingular or Sprint. Ultimately, it is up to the residents of Southold to determine what is satisfactory. So what do we do? Does the town become a pincushion? What risks do commercial leases on tax exempt public property pose for the hamlets? Will it affect their capacity to bond for upgrades of any kind? Case law and bond attorneys indicate, yes. What risks do the taxpayers assume, without voting to do so? Who oversees the leases with the tower erectors and their cell company sub-tenants? Is there any consistency from district to district? What happens to the money from the leases? Remember, as Newsday pointed out in its series on fire departments on Long Island: When it comes to spending (ie their budgets) fire districts don't answer to any other level of government, not even the Supervisor or the Town Board. Do we really want it to be this way? A moratorium is a public necessity. Six months would be the bare minimum needed to form a task force and for it to marshal the information required for you and the Board to act on behalf of the Town in determining the best approach to meeting Southold's communication needs, both public and private, while protecting the taxpayers. A different approach must be found; one that draws on the technical, legal and governance experiences of other localities like ours, and meets our needs: public safety, public responsibility and yes, public convenience. Very truly yours, Ellen McNeilly" And from Jerilyn Woodhouse, the Chair of the Town Planning Board, "The Planning Board supports the enactment of this proposed law and offers the following comments: I. The Planning Board has concerns that, if unmonitored, cell towers may someday degrade the scenic character of Southold. 2. Before additional applications for cell tower communication facilities are processed, an inventory of existing structures needs to be taken, along with an assessment of coverage and need. 3. Specific issues that the Board would like to see addressed during the moratorium are the advantages and or disadvantages of constructing two smaller towers as opposed to one larger tower, the feasibility of more than one provider co-locating on the same tower and the limitations placed on Planning Boards by the federal telecommunications act. 4. Until now, there has been little or no long range planning with respect to cell towers. While people agree that cellular service can be beneficial, they also agree that more input and planning needs to be undertaken in the process of siting the towers that provide the service. 5. The Planning Board recommends the town Board give consideration to the creation of a task force to study the future of cell towers within the Town of Southold and address concerns not currently codified as part of the review process. These issues/concerns include cell tower saturation, existing legislation regarding the location of cell towers/cellular communication facilities and future location of cell towers/cellular communication facilities and emergency preparedness. Page 62 July 17,2007 Southold Town Board Meeting Minutes Page 63 Please advise if you have any questions or need additional information." Those are the only written documents that I have in the file today. SUPERVISOR RUSSELL: I would recommend that that person who wrote the second letter serve as chairwoman as the task force. She seems to know a lot about it. I think the reason we talked about this moratorium is we need science and physics to drive this issue, not just simply willing landowners or landlords for the easy revenue it creates. Would anybody like to come up and address the Board on this? Marie? MARIE DOMENICI: Marie Domenici, Mattituck. I realize that we can't stand in the way of progress and but in the interest of recognizing that there could be some health concerns about the placement of these cell towers, they have electro-magnetic fields and emf has been associated with childhood leukemia's and I would be one, concerned about where we would site those towers and two, really looking, first of all let' s talk about is this a need or a want, is this about promoting corporate growth or is this something that this town really needs and people are jumping up and down about it and we need to have it. I am just concerned from the health perspective. If we really want to know what kind of electro-magnetic fields they emit, than let's get somebody with one of those little widgets, I don't know what they call them and go stand next to a cell tower somewhere and then tell me if you want your office located next to that cell tower or if you want your children playing in a park or along the beach. It is really something that I would hope the Town considers, aside from all the economic impact. I think we need to look health first. Too many children today are being raised with various cancers, some leukemia's and we all scratch our heads and say, why? So my question would be to really look at that and I would ask the Board to look at that from a health perspective and then we can look at it from an economic perspective. Thank you. SUPERVISOR RUSSELL: Thank you very much. Would anybody else like to come up and address the Board on the cell tower moratorium? EDWARD BOYD: Good afternoon, Supervisor Russell and members of the Board. Edward Boyd, Southold, New York. I am here wearing two separate hats today. I will start off with the fire department hat, as ex-chief of the Southold fire department, president of the Southold Town fire chiefs council. I want to impress upon this Board the absolute necessity for cellular telephones. The radio systems that we use, be they low band, high band or the ultra high frequency are very much stressed. There are many times that we must, for efficiency, rely upon cell phones to get our communications back and forth between our members, between our bases and indeed, between our ambulances and the hospital simply because we can't get through on the traditional lines of emergency communications that have been made available to us. The use of cell phones is increasing dramatically. At present, it is estimated that approximately 42 percent of the emergency calls that are received by the county of Suffolk at FRES (Fire, Rescue and Emergency Services) come from cell phones or are initiated from cell phones. In Southold Town it is estimated that it is approximately 50 percent or somewhat over that, as it has been described to me, everyone in Southold is using a cell phone, people are even using them to call from their own homes. I had an opportunity to speak Captain Frohnhoeffer, the founder and CEO of SeaTow International, his experiences in the local area, approximately 60 percent of the Page 63 July 17,2007 Southold Town Board Meeting Minutes Page 64 emergency calls come in by cell phone and in his national and international operation, that number approaches 80 percent. The cell phone is unfortunately or fortunately, depending upon your point of view something that is here to stay. I wanted to impress upon this Board the fact that it is a very vital component of the emergency communication system. I will not speak for the police department, you have your own resources to do that. But speaking for the fire service and for the emergency medical service, cell phones are vital to us. And I am very much concerned about any moratorium that is going to make it more difficult for us to improve the cell phone service in Southold Town. We have a number of dead spots, we have a number of spots along the Sound, where if a cell phone conversation is initiated, it goes to Connecticut rather than comes to an answering place here in Southold. We have our own (inaudible) the Southold Town police, they do an absolutely fine job but there is a terrific delay occasioned by a telephone call, cellular call, made along the Sound which is routed to a Connecticut answering point and then has to be sent back to Southold for dispatch of apparatus and equipment. All of these things in my mind, indicate that we should tread very carefully with a moratorium that is going to make it more difficult for us to improve the cellular telephone service in Southold. Now, the other hat that I wear is that of an attorney and I represent several of the fire districts that are involved in this matter. As you know, I represented the Orient Fire District and we managed to secure permission from the Planning Board and the Zoning Board of Appeals for the erection of a tower. We have that tower in place now and this was a tower designed for emergency communications. It was designed for fire district, fire department use. The opportunity came to allow cellular telephone companies to co-locate on our tower. By doing this co-location, several things are accomplished. Number one, the cellular antennas are centralized in one location, so there is not a proliferation of cellular towers or cellular antennas throughout the community. Number two, an opportunity arises and it is a very, very important one, for a district such as Orient or East Marion, to receive revenue from the cellular companies for the placement. Indeed, without the agreements that were struck in Orient, I question whether the financial ability would have been in that district to build the tower in the first place. But thankfully, because we were able to work out a deal with the cellular carriers or the assembler who put the package together, we have a tower there. as a matter of fact, I understand that at tonight's Board of Fire Commissioners meeting the cellular companies are going to make a $60,000 donation to the Orient Fire District, separate and apart from the rent that has been charged and is being charged for the use of that tower. Now, $60,000 coming into the district that has a budget of several hundred thousand dollars a year is a rather substantial shot in the arm and I would hate to see that this moratorium make it more difficult for fire districts to secure the approval to have towers and that brings me to the point that I am really here for; and that is the East Marion tower. In East Marion, we have already received approval from the Planning Board and from the Zoning Board of Appeals to erect a 110 foot tower for fire service use, for our emergency communications. There is presently pending before the Zoning Board of Appeals, an application to co-locate on that tower by a cellular carrier. The co-location in this particular instance will result in absolutely no visual impact to the community. The cellular antennas are going to be contained completely within the monopole which is being erected for fire department use. I am afraid that this moratorium is going to work a severe hardship on the East Marion fire district in that it is going to delay the construction of their tower which is vitally necessary for emergency communications. I understand that in the proposed law for this moratorium, there is a provision for a waiver that can be addressed to the Town Board. The Town Board will then send it to the Page 64 July 17,2007 Southold Town Board Meeting Minutes Page 65 Planning Board for comment. It will then come back to the Town Board for a final determination. The way things are, this will take a substantial amount oftime. I would certainly like to see the East Marion fire district project eliminated from this moratorium. We already have our approval to build the tower. We are ready to go with that yet is seems that we are going to be swept into the same constraint that people who are applying for new towers are, the same standards that they are held to. I am not making any brief for Orient by the Sea or for the Mattituck Park District or anything like that, I am simply trying to point out to you that we have a particular problem in East Marion, we have a tower that is approved and I would like to see us able to go ahead with that. We are very close to being able to bring that one home. It is very important because the present communications in the East Marion Fire District are not good. I heard a couple of the comments that were contained in letters that came to the Board and not to prolong this thing too much but the first letter that was read by Councilman Wickham, I believe had language in there about the removal of a sign at Orient by the Sea being a sneaky and underhanded type thing. Personally I can't think of anything more sneaky and underhanded than writing an anonymous letter. And having the anonymous letter read into the record as though it is subject to and worthy ofthe same criticism and credit as someone who is willing to stand up in favor of their position. Secondly, in the other letter that came to us, there was a point made about the height of the tower not being necessary for the emergency communications because you can transmit perfectly adequately from 50 feet or 60 feet. That is absolutely correct. There is no question about that but these towers that we are building for the public service use are not at the height they are for the purposes of sending out signals from that distance, from that altitude. They are there to receive signals. The mobile units that we have in our vehicles are 25 watts. We could probably get by with 25 watts at a much lower level of height for the antenna. The hand held units that are given to our fire fighters and to our ambulance people are 5 watt units, roughly the power equivalent of your cell phone. We need antennas that are 100, 110, 120 feet high to receive the signals from these hand held units. There is a great misconception about this. Weare not putting the antennas at that height to disseminate our signal, we are putting our antennas there so that we can receive the word from the people in the field who are using relatively low powered machinery. There is a limit on the amount of power we can use on a hand held radio. It is an FCC limit. The same as the limit that is put upon a mobile unit in a car or truck and the same as the limit that is put upon a bay station at 100 watts. We must adhere to all of these federally established power limits and in order to receive a call from a fire fighter who may be in difficulty in a basement or in a otherwise inaccessible location, we have to have the antennas at that height to assure coverage. That is why it is there. The transmission is a different matter but I can tell you from experience and certainly from the hearings that I have conducted on this thing that the height is absolutely necessary for the safety of the fire fighters and the ambulance personnel. If you have any questions that I can address, I would be happy to do that. Or if there is any additional information that you want, I would be happy to bring that to your attention. SUPERVISOR RUSSELL: I just want to comment on a couple of things. First, I agree with a lot of what you said, that is why I think it is good to have a policy, so that we, I think we are making a mistake now by lumping emergency communication needs with commercial vendor needs. I think there needs to be separate protocol for making sure that we are meeting our emergency service and communications needs from the private, in other words, Verizon Page 65 July 17,2007 Southold Town Board Meeting Minutes Page 66 shouldn't be driving the application process, our emergency needs should. That is why we need a policy to address that. Also, I think there was a discussion about the specific application for the fire district in East Marion, I don't think we wanted to include that but for legal reasons, we couldn't cherry pick one application out of the bunch. Which is why it unfortunately fell within the bailiwick of this moratorium. But it would certainly be my intention to waive them from the process because if they have conditional site plan at this point, then I believe they wouldn't be subject to this moratorium. MR. BOYD: We have the approval, we being the fire district, have the approval to erect our tower. SUPERVISOR RUSSELL: Do you have the conditional site plan? MR. BOYD: We have. The fire district, to erect the tower. The hang up comes with the application to co-locate the cellular antenna on our tower. And I am not here, again, to make the brief for the cellular operator in this case but without the cellular money coming in, the tower is not going to be built. COUNCILMAN EDWARDS: Well, in response to that I would like to ask the Town Attorney because the language here is very clear. It says "this local law shall not apply for which final or conditional final approval was granted by the Planning Board prior to the effective date" it doesn't say about, you know, something which is I gather, before the ZBA. But am I not correct? TOWN ATTORNEY FINNEGAN: Well, it also says in number two, the Zoning Board shall not continue a review. So if the Zoning Board has before them the applications for a co-location, it would get.... MR. BOYD: That is absolutely correct. This was a bifurcated application. SUPERVISOR RUSSELL: Okay. MR. BOYD: The initial application was made by the fire district to erect the tower for public safety communications and then the cellular company would come in after that to co-locate on the tower that has already been approved. It was the same mechanism that was used in the Orient situation. I am just afraid that we are going to get hung up on that and I don't want to see that. SUPERVISOR RUSSELL: Okay. I would look for help from your organization and other organizations when we start developing this policy, so that the emergency communication needs are being met. But again, I don't think it is appropriate for the Town to have this one size fits all in the approach to cell towers. They are very different and the needs are very different. I don't want Verizon or Cingular driving my applications, I want good emergency communication needs addressed first and then the other stuff can fall underneath it. MR. BOYD: Certainly the two that I have been involved in that we just discussed where not Page 66 July 17, 2007 Southold Town Board Meeting Minutes Page 67 driven by cellular operators. They were driven by the communication needs for the fire districts. SUPERVISOR RUSSELL: I understand that. This was, obviously, in response to some other application. Thank you. Would anybody else like to come up and address the cell tower moratorium? Brian? BRIAN WEINGART: Brian Weingart, resident of East Marion, also a member of the East Marion Fire Department. An ex -chief of the department. I am speaking on behalf of myself, I am not speaking for the fire district or fire department but as someone who, as Ed said tonight this communication tower is a tower that we need. We are in like the third phase of implementing our new communication system. The only thing that is holding us up right now is the tower. If the fire district was to build this tower on its own, we probably wouldn't be getting the type of tower that we are getting now. We wouldn't be able to afford it. The taxpayers would definitely vote it down. This was one of the added bonuses of co-locating with the cellular companies. Ed was right, the height comes in not on transmitting but on receiving. We had an incident down the bluffs, off the end of Rocky Point Road last year, we were performing CPR on a gentleman, we had no communications down there. There are other dead areas in the district as well. I was hoping that you would also consider the fact that giving us, the giving the department the waiver or the district I should say, the waiver, this is purely a emergency tower. We wanted to erect one, they did the work, they went out, got this company to agree to put it there. obviously, Bill, they would probably like it in a different spot but that wasn't our driver. The cellular communications as far as me as a department member is irrelevant of our communications. Like I said, we are in the third phase, it is very important that we have this tower. If it should get stuck in the moratorium and we lose the backing from them, I would hope that my fire district continues to put up the tower, it may not be the same type of tower that is going to be... SUPERVISOR RUSSELL: Can I just... MR. WEINGART: Like a monopole instead of maybe like the old type towers like we have down, like you see in Peconic. The old pyramid, wired things that are going to be more eyesores than anything else. SUPERVISOR RUSSELL: Can I ask procedural issue? How and when do they request a waiver from the moratorium? TOWN ATTORNEY FINNEGAN: The waiver application goes to the, the waiver application goes to the Town Clerk. The Town Clerk then forwards it to the Planning Board, the Planning Board has 10 days. If everybody is in support of it being expedited, it can be on at the next meeting. It is not a burdensome problem, you know, it is something you can get. . . COUNCILMAN EDWARDS: It comes to this Board? TOWN ATTORNEY FINNEGAN: It comes to the Town Board to decide. Page 67 July 17, 2007 Southold Town Board Meeting Minutes Page 68 SUPERVISOR RUSSELL: We can have action on this in two weeks. MR. WEINGART: But the problem is, without the pole location there is going to be no funding. SUPERVISOR RUSSELL: All we can do is waive the application so that you can go to the ZBA still. I can't, I can't affect the outcome of the ZBA hearing. All I can do is say, this application if by a vote of the Board, says it should be marched through the process; we can march it through the process so they can get back to the ZBA, which I assume is where he is stuck up right now. COUNCILMAN WICKHAM: But Scott, I don't think we can waive it that readily. The law, the way it is written, says only by a showing of extraordinary hardship. SUPERVISOR RUSSELL: Well, that is for them to outline to the Town Clerk, for us to consider in two weeks and see if they have met that burden. MR. WEINGART: The other unfortunate thing is, the meeting was adjourned because they were waiting to see the outcome of this meeting. SUPERVISOR RUSSELL: Okay. MR. WEINGART: So there was a meeting date set... SUPERVISOR RUSSELL: Outline the concerns, let's get them to Betty as quickly as we can so that the Town Board can weigh in on it, for better or worse, whether we say yes or no in two weeks. MR. WEINGART: I appreciate that. SUPERVISOR RUSSELL: Alright. Thanks, Brian. Would anybody else like to come up and address the Town Board? Marie Domenici. MS. DOMENICI: I just have a quick question. Is the $60,000; is that a one time fee that is being paid to the district? Do we know? COUNCILMAN EDWARDS: I think it was presented as a donation, was it not? MS. DOMENICI: And are there going to be monthly or annual fees that are going to be paid, too? SUPERVISOR RUSSELL: I am not privy to any of that information. MS. DOMENICI: The reason that I am asking that is, if indeed, there is monies that come in as a result of that cell tower, than does that help then to defray the cost to the taxpayers on future tax hikes for the fire departments? What happens to that money? Page 68 July 17, 2007 Southold Town Board Meeting Minutes Page 69 SUPERVISOR RUSSELL: If there were any income from a cell tower, I can presume that they are making that part of their financial package that they present to the voters each year. In other words, as income received, offsets against the expenses. But, you know, you can talk to the fire district commissioners on how they work it into the equation. MS. DOMENICI: Okay, thanks. SUPERVISOR RUSSELL: Thank you, Marie. MR. WEINGART: I work 100 feet below a cell tower, in front of five computer monitors every day. So, if I am risk, I am at risk but a lot of people are at risk, if we don't have the communications. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on the cell tower hearing? (No response) Can I get a motion to close the hearing? RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Daniel C. Ross, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell 3. LL Daily Parking Permits 7/17/07 4:40 Pm COMMENTS - Current Meeting: COUNCILMAN WICKHAM: WHEREAS, there has been 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 "A Local Law in relation to One-Day Nonresident Parkin!!: Permits" now, therefore, be it RESOLVED that the Town Board ofthe Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 1 ih day of July, 2007 at 4:40 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 One-Day Nonresident Parkin!!: Permits" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to One-Day Nonresident Parkin!!: Permits". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - To restrict the sale of parking permits at beaches to be available from the Town Clerk and the Town beach attendants only, in order to provide for better control of issuance of permits and to alleviate congestion in certain parking areas of Town. Page 69 July 17,2007 Southold Town Board Meeting Minutes Page 70 II. follows: Chapter 189 of the Parking Code of the Town of Southold is hereby amended as S 1 89-3(D). One-day nonresident permits. (I) One-day nonresident parking permits may be issued for the parking of vehicles on the parking areas at Southold Town Beach, Norman E. Klipp Marine Park and New Suffolk Beach to any person, by the attendant on duty at such parking areas, or bv the Town Clerk. ana alse shall be ssM in besks sf 59 aermits ts the arearieters sf the fellewin~ reereatienalb1isinesses: bike reRtals, Iap,.alc rentals ana Hshin~ statisns. 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. That is the only significant part of this proposed law, it has appeared as a legal in the local newspaper, it has appeared on the Town Clerk's bulletin board outside and I have no further communications on this proposed law. SUPERVISOR RUSSELL: I just want to make one clarification. This will not affect the sale of the passes that are sold to B & B' s and Inns. They are still eligible to buy those, that is a separate part of the code. So that if you have a four room B & B, you can still buy those four passes to give to your clients. This is to clear up, I think there is a misunderstanding when someone goes and gets a day pass from the bait shop, they think they can go to any Town beach in Southold and that is not the case. The idea here is to say here is look, you can buy them from the three beaches that you are allowed to use them and that is it. I mean, it is a resource that we have to manage. It is getting a huge amount of pressure on our beaches and our road ends. Would anybody like to come up and address the Town Board on this issue? Mr. McGreevy? RON MCGREEVY: Yes, Scott. Members of the Town Board. There is a big problem on the beaches with, I don't know whether it is day passes or residents. People go on these beaches, especially where I am from Bailie Beach Road all the way to Duck Pond. All the junk they bring, they leave and go home. They not only leave it there, they smash beer bottles all over the place. In front of my house now is loaded with broken beer bottles and a fire they had late at night. Last year on my bluff, I took off 24 bottles of Corona beer, most of them smashed that were thrown up there. It is not only in front of my property, it is all the properties there. They park illegally on Bailies Beach and they walk tremendous distances. And then on Soundview Avenue known locally as the Firing range. Due to erosion it is very easy to walk down from there. They park there and go down there and my only concern is, how can we stop this? They are really destroying the beaches. The worst culprit is water bottles. I went down there, I took a little survey, 50 percent were water bottles, maybe 25 percent were coffee cups and 25 percent Page 70 July 17,2007 Southold Town Board Meeting Minutes Page 71 were beer bottles. I think something has to be done. Maybe when they get these passes we can use photo id's. Because I have noticed if I take pictures of people and they know I am taking pictures of them, they leave and there is nothing on the beach. Whether it is from my taking a picture of them, not in front of them but from a distance. But just to let them know. I have pictures home that show all this junk and the people that do it. Something has to be done about this. SUPERVISOR RUSSELL: We meet regularly to address this. It is definitely a growing issue. It is getting out of hand. One of the, there is no silver bullet here, we need to take several initiatives. One of them is what we are trying to accomplish tonight, which is to at least just to get an understanding that if you just because you get a pass from the bait shop doesn't mean you can go wherever you want and fish wherever you want. MR. MCGREEVY: Right. SUPERVISOR RUSSELL: We are trying to take it a step at a time but we have even talked about having attendants at these beaches. Of course, a lot of this damage is done at night. MR. MCGREEVY: Most of it is done at night and I see we have forward policing of the Sound, police boats always pulling up alongside boats. Maybe we need some sort of patrols on the beaches. SUPERVISOR RUSSELL: We have talked about this, I have discussed this with the Lieutenants and the police Chief and the Captain. Pete Harris has been very helpful. We are all hands on deck, we are trying to solve the issue the best as we can. MR. MCGREEVY: Very good. SUPERVISOR RUSSELL: We even talked about remote cameras. MR. MCGREEVY: That might be a good idea. SUPERVISOR RUSSELL: Without sounding like George Orwell, we even thought of that as a possibility. MR. MCGREEVY: Alright. Thank you very much. SUPERVISOR RUSSELL: Thank you. CHARLES BANK: Good afternoon, Charles Bank, Cutchogue. The area that I am saying the same issue, the area that we are concerned about is by the Santorini Motel. The fishermen come from Brooklyn and Queens mostly. What has happened is, it is the reverse thing that has happened. They have taken over our beaches. They arrive at 5:00 in the morning. You know, a lot of towns have that you can't go on the beaches between say 10:00 PM to 7:00 AM. They come at 5:00 in the morning, make a hell of a lot of noise, leave a lot of garbage and parking, Page 71 July 17, 2007 Southold Town Board Meeting Minutes Page 72 they are getting the permits at the bait shop. I think what we need to do is change the signage there. Right now it says 'By Southold Town permit' They believe that they are getting a Southold Town permit at the bait shops. I think it should be resident parking only. SUPERVISOR RUSSELL: We are going to do that. We are actually changing the signage there and actually we have been out writing tickets. We just wrote, I think, 17 tickets last weekend because of that erroneous presumption. MR. BANK: I was part of that stake out. SUPERVISOR RUSSELL: I was on that beach moving people. So we are getting there. MR. BANK: For me personally to call the police at 5:30 every Saturday and Sunday, they come right away. I don't like them walking down my stairs to go and tell these gentlemen to either leave or to stop making the noise and to take their garbage with me because I am afraid that when the policeman leaves and one of them will come up those stairs and burn my house down. You know, one day something like that will happen because they seem to find this particular area, I don't see them catching any fish as well. I think where the pollution that they are bringing is, I don't, you know, I haven't been able to go down with my son who is 13. I have four fishing rods, brand new, they have still got the tags on them because it no use going down there, they have completely taken over the beach. SUPERVISOR RUSSELL: What we can regulate is parking etc. If someone is fishing at the high water mark, I can't relocate them by state. . . MR. BANK: What I suggest is on a Saturday or a Sunday you have a police car, an officer there say between 5:00 in the morning and 7:00 in the morning. I think that will do the trick. SUPERVISOR RUSSELL: Yeah. I have actually asked the police to make sure that they pay regular attention, get out of their car and walk the beach as well. I actually had to go out there a few weeks ago and move people after the police had already left because dozens of people along that, pitching tents right next to the bulkheading. I actually went out there and relocated people and had the police come and back me up. I know it is a problem, we are addressing it as quickly as we can. I think one of the things we need to do is restrict where you can buy these passes, so that there is no more misunderstanding of whether they can park there or not. TOWN CLERK NEVILLE: Excuse me, Charles. Can you please spell your last name? MR. BANK: BAN K. TOWN CLERK NEVILLE: Thank you. COUNCILMAN WICKHAM: And where is your location? MR. BANK: My house is actually on Duck, actually on the point. It is the old trapper house, I don't know if you know the... Page 72 July 17, 2007 Southold Town Board Meeting Minutes Page 73 SUPERVISOR RUSSELL: Murray's. MR. BANK: Yeah. Murray's house. I bought that house. It is a beautiful spot. All I do on weekends, I haven't been down on the beach sitting down having a picnic on the beach for five years now. The only time I go down there is to pick up garbage. SUPERVISOR RUSSELL: Okay. Thank you. JOANNE BRYAN: Hi, my name is Joanne Bryan. I live in the same area. And I would just like to say because I am not absolutely sure, with the Southold Town beach I am aware but Norman Klipp Marine park and the New Suffolk beach, they have bathroom facilities I assume. Is that correct? SUPERVISOR RUSSELL: No. MS. BRYAN: Okay. I would just like to say, we are facing where I live, the situation that the people that think they have a pass to the town beach and come and spend the day, there is no bathroom facility. That is a big, big problem. We are finding baby diapers, we are seeing, this gentlemen actually has photographs, of people urinating and other things on the beach. And if you are giving passes to people to use the beach who don't live in the community, I am not opposed to that, okay? I feel beaches should be used by pretty much everybody. God put them here, we should all have a chance. However, I think that we should address the situation of some kind of a facility, temporary, port-a-potties or something because we have a major, major issue up where I live. I know that the fellow that just spoke before me knows that this is an issue, am I right and other people in my neighborhood are faced with the same thing. We have raised our children in this area, we have lived here for 30 years. When our children come home to use the beach, they are appalled at the situation and when you have young people 30, 35, 36 saying 'what has happened to the beach, Mom?' The problem is really something that has to be addressed pretty, pretty quickly. I think you should think about that, with these passes. SUPERVISOR RUSSELL: Thank you very much. It is a good point. MS. BRYAN: You are welcome. COUNCILMAN KRUPSKI: Aren't we looking into putting in an attendant down there also? SUPERVISOR RUSSELL: We had talked about the possibility of putting an attendant down there, my problem is, a lot of the problems happen pre-attendant usual time and post-attendant usual time. So I think we have to bring about a handful of options to really thoroughly address the issue. Lauren, I am sorry. LAUREN GRANT: That is okay. I am Lauren Grant and I am president of the New Suffolk civic association and I represent the community of New Suffolk with concerns. We have a bathroom, it is not used. people urinate and defecate on our beach. We have problems with Page 73 July 17,2007 Southold Town Board Meeting Minutes Page 74 people coming to the beach, walking. They park their cars all over the place, we have had this conversation before, I have spoken to the Board about it. The problem has gotten worse and worse. We now have people coming into our road end beaches and leaving their paraphernalia; they leave beach umbrellas, kayaks, beach chairs, bath towels, anything they want and it is now piling up on all of the road end beaches. There is no way that the residents of New Suffolk now can use their beaches. People walk to the beach, they don't need a pass. They don't care about. They come at 8:00 in the morning and they leave at 7:00 at night before the attendants get there and after the attendants leave. They just have a grand old time and we have no access to our beach anymore. I would recommend that the Town Board consider raising the price of the beach passes, considerably. In Southampton, they are $30. Twelve dollars is a drop in the bucket. And maybe that will help a little bit but not for those people who are walking to the beaches. I know that there are signs going in but the signs, people don't pay any attention. We have signs at all the ends, the foot of all our road ends for Third Street, Fourth Street, Fifth Street beaches. People disregard them, they come and they park and not many of them are getting tickets. So they just come any time they want. So it is an out of control situation. We would like something done quickly. SUPERVISOR RUSSELL: I can appreciate that. MS. GRANT: Thank you. SUPERVISOR RUSSELL: Thank you, Lauren. PAULETTA BROOKS: Hi, everybody, my name is Pauletta Brooks, I am from Cutchogue and I would like to reiterate what the previous speakers have said. And to concur with Lauren Grant's statement that I think that the Board needs to consider options further than just changing the road signs and limiting where the permits are sold. I will agree that many of these out of towners and I have to say out of towners because I have gone down to the beach and just informally spoken to these people and find out where they are from and they are from all over. They come and they walk from various places, sometimes where their cars are legally parked, sometimes not. I just wanted to show you these pictures to also raise another issue that it is beyond just the dirt and the noise, it is a safety issue as well. Where I live, which is near the Duck Pond Road entrance. There is a large rock, it is perfect for fishing and the fisherman come and go out into the water, settle on the rock and then they suspend a long rope to the beach so that their friends and other fisherman can use the rope as a lead line to get out to the rock and I have witnessed this and many of these people cannot swim. (Inaudible) and you can get an idea of what a normal Sunday morning looks like. I think the Town, in its enthusiasm to encourage people to use the beach is not balancing the necessity of maintenance and this is, as I say, beyond the maintenance of the dirt, the garbage, the diapers, the bottles, I have found needles that were at my beachfront. The beach now where we are is extremely small. There used to be a big beach, now there is very little beach. At high tide it pretty much hits our bulkhead which would mean that the fisherman have use to pretty much be on our bulkhead if they have the right to be at the high tide mark, so that as well is a problem. The maintenance has to be not just an attendee sitting at the parking area where the cars are parked and they are making sure that they are you know, there with a permit, the maintenance issue has to be someone actually walking Page 74 July 17,2007 Southold Town Board Meeting Minutes Page 75 down to where they fish or viewing it from the water and making sure that there is safety, that there is cleanliness. I would propose yes, limit where the permits are sold. Increase the price considerably of what the permit price is and take an imprint of their license, the person, you know, who is using the beach. Give them a town bag that they can dispose of their garbage properly and then have an attendee walk the beach, not just sit at the parking spot. And then as well, maybe on a monthly or a bi-weekly basis, have somebody, a volunteer, Boy Scouts whoever, the Town should be able to pay for this if they are going to do this, allow people to use the beach, they should pay for somebody to come, walk the beach and clean up. In other words, maintain what you have given access to. SUPERVISOR RUSSELL: I agree with you. I just want to clarify one thing. We are not just limiting where the beach passes can be sold, they are only allowed to be used at three beaches. Duck Pond will not be one ofthem. They just simply are not supposed to be there. MS. BROOKS: I think that is great. I mean, this is a great first step. But my point here is to say that this is somewhat of a band-aid on a bigger, gaping wound and you have to follow up on all the, I think it is what? 92 beach access areas? SUPERVISOR RUSSELL: That is a fair point. Yeah, you are exactly right. Thank you. COUNCILMAN KRUPSKI: That is just another example of a limited town resource being stretched very thin. . . UNIDENTIFIED: Inaudible LINDA GOLDSMITH: Linda Goldsmith from East Marion. I just have a question regarding end of road beaches, where there is a guard rail for example, there is many of them, they are all over the place. And at low tide, there is a beach. At high tide, there is no beach but at low tide there is a beach and they are used. The signs say 'no parking-resident parking only' How far back does that pertain to? SUPERVISOR RUSSELL: It is specified III the code by linear feet and I think it varies depending on which road end. TOWN ATTORNEY FINNEGAN: It depends on which road end it is. MS. GOLDSMITH: Okay. Because usually you can, usually 20 feet from the guardrail. If you go 20 feet and go back further, there is many, many cars. And I am just wondering, you know... SUPERVISOR RUSSELL: That is exactly the problem, we ended up, we started enforcing the issue down at Duck Pond and people just parked farther away from the road end and so I talked to Pat about bringing clarity to that for the police department and for us, so that the cars don't just park 30 feet farther from the beaches, which is what they are doing essentially right now. MS. GOLDSMITH: So how would, does the police department know what the.... Page 75 July 17,2007 Southold Town Board Meeting Minutes Page 76 SUPERVISOR RUSSELL: We are going to go over all ofthat. TOWN ATTORNEY FINNEGAN: Which one are you talking about? MS. GOLDSMITH: Well, there are several. There is one on the end of Bay Avenue in East Marion. There is one in Southold, there is one at the end of Shipyard Lane in East Marion and the one actually at the end of Bay Avenue has a quasi parking lot which is really nice but you know, I couldn't get down to that beach if I wanted to. And I just wondered what it is and maybe you couId standardize it so that everyone knows that you must you know, no parking from here, you know, to the end of the road. Maybe that would do it. SUPERVISOR RUSSELL: Good suggestion. MS. GOLDSMITH: You know, no parking from here to the end of the road. Because actually I went down to the end of Bay A venue and at low tide you can walk on the beach. At high tide, you cannot and it was low tide and I wanted to take a walk and there were a whole lot of cars and none of them had New York license plates. So Ijust wondered ifit could be standardized? SUPERVISOR RUSSELL: That is a very good point, Linda, thank you. MS. GOLDSMITH: Thank you. SUPERVISOR RUSSELL: I really thought you guys were here for the shellfish code. No, just kidding. Doris? DORIS MCGREEVY: Doris McGreevy from Mattituck. I would like to address the issue but not beat it any further. The point, I think, was very well said by a lot of people. That this is a good start and this law is, it doesn't have enough teeth, really. When we are talking about preservation of the beach, sometimes I wish we would think about it even in terms of what we have been doing for the last hour. The last hour we have been looking up and saying the towers, the wind energy and so forth and then we are saying, look down. It is just as important to us, to consider the beach and when we do this, I think if we could regulate it with such thought as I have seen in the past hour with the other regulations, I think it would be more meaningful. The only thing I would like to add is if you are considering raising the cost of the beach passes, please include that for monitoring the beach, maybe buying a vehicle for the Town where, you know, you can't be everywhere. It is very difficult to walk all the beaches. So perhaps some kind of quad or something that is adaptable to the beach environment without destroying it, of course but to monitor the beach. I think that is really where we are going. It is not going to get better unless we all make it better and as I said, this is a very good beginning but it certainly need more teeth and concentration on this area. Thank you very much. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board? RICH GLADD: Hi, Rich Glad, Cutchogue. First of all, I just want to say we have seen a Page 76 July 17,2007 Southold Town Board Meeting Minutes Page 77 remarkable difference but of course, we don't want it to revert backwards. It has been a big change. I want to make you aware, we just found out, through Mrs. Banks actually, that the owner of Santorini are charging $20 for vehicles to park in his parking lot, I don't know if you were aware of that one. . . SUPERVISOR RUSSELL: I am not. Lovely. MR. GLADD: That is what is going on now. And I went down there, I think it was 4th of July night and I see all these trucks down there with county recreational stickers on them, like after 10:00 at night. That doesn't count, does it? SUPERVISOR RUSSELL: County? MR. GLADD: Those state and park permits. Those big things you see on... SUPERVISOR RUSSELL: No, they have no bearing on town beaches. MR. GLADD: Yeah, I didn't think so. But what are you going to say, you know? It is dark... SUPERVISOR RUSSELL: I did try to get... MR. GLADD: You know, miners lights on their heads... SUPERVISOR RUSSELL: I did try to get commitment from the police department. I did try to get commitments and assurances from the police department that they would pick up the patrols there and you know that when you call me, I show up and do it, so I know it is a problem. MR. GLADD: I know it is a problem. Everybody has been great so far, so thank you very much. NANCY V ANGEY: What I want to report is my (inaudible) by my stairs. MR. GLADD: Yes, she had vandalism. She put a gate and they broke metal off of the lock and she has all railings under the flats, they smashed them in. And we know who it is, we don't have pictures, just from calling the police, you know. SUPERVISOR RUSSELL: Santorini's, I think we can probably address that, right? I don't think that is a permitted use. An accessory, I will call Santorini's. I am not sure what. Accessory uses, okay. I mean, I will have to look at the town code on that but I will certainly try to stop it as best I can. MR. GLADD: Ifhe wants to do that and keep the people behind his... SUPERVISOR RUSSELL: Yeah, let them go on his beach. Page 77 July 17,2007 Southold Town Board Meeting Minutes Page 78 MR. GLADD: Yeah, stay there. But you know, actually they are going behind the Banks house and behind us. SUPERVISOR RUSSELL: I will address that. MR. GLADD: Okay, thank you. SUPERVISOR RUSSELL: Okay, folks. Would anybody else like to comment on the hearing? CAROLYN LUBANSKI: My name is Carolyn Lubanski and I live in Cutchogue also in the area that we have just been talking about. And again, not to beat a dead horse but one of the other problems that we have had on Vista Place, during the hours that they do not park down by the end of the road, they have been parking in front of the private homes on Vista Place. Cleaning their fish, cleaning their cars and of course, dumping the garbage out on the lawns in front of the homes that they have been parked in front of. So we think that this is going to be another issue; if they are not parking down there. We have been watching it, we have been taking down license plates to see if it is the same people all the time but we have noticed, again, some of the private homes have lights that come on, motion lights, they know that there are motion lights. So they park there so they can clean their fish, they can clean out their trunks, they can clean out their ash trays, what have you. So we have found that this is going to be or we notice this is another problem that may start with that area. I just want to bring that to your attention because that might be another issue we will be coming down here for. Thank you. SUPERVISOR RUSSELL: Sure. Thank you. Would anybody else like to address the Town Board? (No response) Can I get a motion to close? RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William P. Edwards, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell 4. Amend Signage PH to 7/17/07 4:45 Pm COMMENTS - Current Meeting: COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of South old, Suffolk County, New York on the 5th day of June, 2007, a Local Law entitled "A Local Law in Relation to Amendments to the Sign Regulations", AND NOTICE IS HERBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold New York on the 17th day of July, 2007 at 4:45 p.m., at which time all interested persons will be given an opportunity to be heard. This proposed "Local Law in Relation to Amendments to the Sign Regulations", which reads as follows: Page 78 July 17,2007 Southold Town Board Meeting Minutes Page 79 Local Law No, 2007 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 6Wflef beneficiarv of a sign and the owner of the premises on which such sign is located shall be jointly liable to maintain such sign, including its illumination sources, in a neat and orderly condition and good working order at all times and to prevent the development of any rust, corrosion, rotting or other deterioration in the physical appearance or safety of such sign. B. Ifthe Building Inspector shall Hila determines that any sign regulated herein is unsafe, illseelH"e, damaged, deteriorated, Elf a meMoe to the publie is an immediate peril to person or propertv, ef has been erected on propertv other than private propertv or in violation of the provisions of this chapter, he shall gi'{e writtellllotice by eeFtified mail to the OWller of the premises on which such sigll is located, as shown Oil the latest T O',VB assessmeRt rell. Said sign amI all appurtenanees shall be tallell down ans removed by the owner, ageRt or persoll havillg the beneficial use efthe buildillg or structlH"e Uf'lon which sUllh sigll may be found y;ithill 30 days after ',witten notificatiell from the Buildillg Illsflecter. Upell the faillH"e te c8ffifJly with such Ilotice within the time sfleeified thereill, the Building Insflector is authorized to remeve or eause the removal ef sUllh sigll at the 6l(flense of the persall or persons names in such Iletiee. 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 ans sterage of such sign shall be assessed against the land all whieh such sign was located the responsibilitv of the owner or beneficiary of such sign. The Town mav pursue anv and all remedies available at law to recover anv unpaid costs associated with removal of any sign, including filing a statement ROd a statemeRt of suoh el<flenses shall be preseRted to the o',rner of the land. If sueh statemeRt is not paid withill 30 days after its preseHtmeRt, the Builsing Inspeetor may file a statemeRt with the Town Assessors, identifying the property in connection with which such expenses were incurred and the owner thereof as shown on the latest assessment roll of the Town. The Assessors, in the preparation of the next assessment roll, shall assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalty as is provided by law for the collection and enforcement of real property taxes in the Town of Southoldo The e',VBer ef the sign removed by the Building IHsflellter as hereiHbef-ere preyided shall Het be permitted te redeem sueh sigH until all elCpenses ef remoyal ROd sterage have beeH paid. c. If, iH the detefHIiHatiell of the Builcling Inspellter, a sigll is an immediate peril to persons er property, he may cause such sigll to be remeved summarily ROd v;itheut Retiee. The cost of sueh remoyal shall be paid by the Tewll, ROd such amouRt shall be and Become a lieRllflon the premises ill questioH and shall be leyied and collected ill the same mar.ner and unser the same Page 79 July 17,2007 Southold Town Board Meeting Minutes Page 80 penalties as an assessmeflt Elf a plll3lie iffijlrElvemeflt. C. At the discretion of the Building Inspector. a sign may be stored bv the Town and notice given bv certified mail or personal service to the owner and/or beneficiarY Elf the sign. Such sign may be redeemed bv the owner or beneficiarY upon payment of the removal and sterage costs. Anv sign stored bv the Town and not redeemed within 30 days of the date of mailing may be disposed of without additional notice. D. The owner of pro pert v upon which a sign is located. er any person that erects. installs or maintains a sign in violation of the provisions of this chapter shall be guilty of an offense punishable bv a fine nElt to exceed $500. per sign. er imprisonment not to exceed 15 days. or both such fine and imprisonment. Section 3. Severability. If any section or subsection, paragraph, clause, phrase er provision Elf this law shall be adjudged to be invalid or held unconstitutional by any court of competent jurisdictiEln, any judgment made thereby shall not affect the validity ofthis law as a whole or any part thereElf other than the part or provision so adjudged to be invalid or uncElnstitutional. Section 4. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. I have a notice that it has appeared on the Town Clerk's bulletin board and it has appeared as a legal in the local newspaper. SUPERVISOR RUSSELL: Would anybody like tEl come up and address the sign issue? VICTOR DIPAOLA: My name is Victor DiPaolEl. I am with the Mattituck-Laurel Historical Society, I am the vice-president. My concern is that the Mattituck-Laurel Historical Society is a volunteer agency. We run various fund raising operations. An antique show, a lawn show, a craft show and we depend very heavily on these signs that we have. Because we are volunteers, we have no funding from anywhere. We have tEl raise funds fer the maintenance of the museum, which is recognized by the state and the federal government as a historical site. The building was built in 1799 and 1848. We have five buildings. We have insurance to pay, heating to pay, lawn upkeep to do. And we use the signs to drive customers or peElple to come to Elur shows and we have, we charge an admission. If you restrict us from putting these signs in different locations around town, some of them might be public property. If you take up signs that we paid $400. each on these signs and have to bail them out fer $500. we are in deep, deep trouble. Would that law... SUPERVISOR RUSSELL: The law dElesn't address special events. YElU are allElwed under law to advertise your special events, etc. It certainly isn't going to address those or even yard sale signs or things like that. The goal here is so I can send my code enforcement officer out tomorrow, in Laurel, and make him drive with a building department official, drive from Laurel to Orient to stop at every store that has an Arizona Ice tea sign the size of me, out Eln a telephone pole or the people who take those sandwich boards Elr those lawn signs, advertising from granite kitchen tile to dogs for sale, the houses for auction. Things like that, is to clamp down on that. Page 80 July 17,2007 Southold Town Board Meeting Minutes Page 81 Because if you don't, we will start to look like Route 454. MR. DIPAOLA: At one point, I complained to the code guy, there was a sign on Wickham A venue and the Main Road and the damn thing was up there for a year and a half, it was a plastic sign and I asked him can he take it down and he said, I have no authority, no authority to take the sign down. The damn thing was up there forever. It was just an eyesore. SUPERVISOR RUSSELL: This gives him the authority to remove it from those public rights of way. MR. DIPAOLA: Thank you. SUPERVISOR RUSSELL: Okay. It wasn't a Russell for Supervisor sign, was it? MR. DIPAOLO: What about political signs? SUPERVISOR RUSSELL: They are exempt, it is a good question. There are constitutional issues why we didn't want to tread there but there are agreements between the parties to restrict the lawn signs, so I am glad to see that they are working on that effort. COUNCILMAN EDWARDS: Depends on whose name is on them. SUPERVISOR RUSSELL: Okay. Would anybody else like to come up and address the Board on this hearing? (No response) Can I get a motion to close the hearing? RESULT: CLOSED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER: Daniel C. Ross, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Closine Statements SUPERVISOR RUSSELL: The other two hearings are closed. We will take action on them after we notify Suffolk County Planning Commission, we have to close those hearings but hold the vote until after they get to respond to our proposed action. With that being said, would anybody like to come up and address the Town Board on any issue? Heather. Heather Lanza HEATHER LANZA: My name is Heather Lanza, I live in Cutchogue and I wanted to thank the Town Board for approving my appointment as Planning Director. I am honored and thrilled to be part of this Town's future. I look forward to the challenge that face us. And I am certain we can all work together to make sure Southold continues to be a great place to live and work. So thank you very much. SUPERVISOR RUSSELL: Thank you. Welcome aboard. Denis O'Donnell Page 81 July 17,2007 Southold Town Board Meeting Minutes Page 82 DENNIS O'DONNELL: My name is Dennis O'Donnell, I live in Southold. I am just curious, how big are these wind towers going to be? That they are talking, how big are they? SUPERVISOR RUSSELL: 120 feet to the (inaudible) cell. Which is the yoke or the height of the machine. MR. O'DONNELL: And how big are the propellors? SUPERVISOR RUSSELL: They were based on the 25 kilowatt limits, the propellors couldn't be any larger than, I believe, 24 foot diameter. Otherwise they wouldn't function. MR. O'DONNELL: Okay. Thank you. SUPERVISOR RUSSELL: Would anybody else like to comment? Mrs. Egan. Joan Egan MS. EGAN: Joan Egan, East Marion. This is the new director? SUPERVISOR RUSSELL: This is the new director of Planning. MS. EGAN: Oh, yeah. How come we need a new director? I mean... COUNCILMAN WICKHAM: Mrs. Egan, it has been exactly two years since the former director of Planning resigned. We have been without a director for two years, so today we took action. MS. EGAN: Well then, I wish her luck because that Planning Department is in deep trouble with 99 percent of the community. Get yourself some good aspirin. COUNCILMAN KRUPSKI: At least you told her that now and not before. SUPERVISOR RUSSELL: I happen to think with given the current, I think you guys are doing fine. MS. EGAN: I mean, with Ms. Woodhouse and Mr. Townsend, they absolutely ignore anything and everything that is said to them and we have had a terrible problem in East Marion with Oki dokey and with the affordable housing and nobody in the Planning Department has done anything for us except ignore us. SUPERVISOR RUSSELL: You know, I don't think that is fair. COUNCILMAN WICKHAM: I don't either. SUPERVISOR RUSSELL: Mrs. Egan, with all due respect, I don't think that is fair. The Oki- Do is an application pending based on the existing zoning, they have a long way to go. Right now, their authority rests with the Zoning Board of Appeals not with the Planning Board. The Page 82 July 17,2007 Southold Town Board Meeting Minutes Page 83 Planning Board cannot act until the Zoning Board adjudicates their application. Mr. Townsend, I have to tell you has been a receptive and certainly very generous with his knowledge and time with me as the new Supervisor. I have been able to rely on him for a great deal of insight. I don't know, you know, why you don't think he listens but I found him to be, certainly, amenable to everything I have had to say. And Jeri, I have a very good relationship with Jeri. I think they are very productive. COUNCILMAN WICKHAM: I second the Supervisor in that. MS. EGAN: I am glad you got someplace on that, we didn't. Okay, when will the Animal Shelter construction commence? SUPERVISOR RUSSELL: We had started site work already. We actually just erected a barricade down there which will be a visual barrier between the existing structure and where the construction is going to take place. That would hopefully alleviate some of the stress on the animals because they are going to be subjected to an awful lot of construction. And also for the workers down there. We are doing site work, we are actually relocating trees as we speak, trees that are salvageable and are going to be part of the plan. I think that the contractor is expecting a cement block delivery over the next few days, so things, the overt construction of the building should be started in the next few days. MS. EGAN: Okay. There are still no blinking lights in Mattituck school district or Greenport. Is that the DOT? SUPERVISOR RUSSELL: We signed off on the maintenance agreement with the DOT, we are waiting for the installation. MS. EGAN: Okay. Well, that is about it for now. Thank you very much. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? Linda? Linda Goldsmith LINDA GOLDSMITH: Linda Goldsmith. I just have a couple of questions. Does our police department have the technology so that when you call them from a cell phone that they can pinpoint your location? SUPERVISOR RUSSELL: No. MS. GOLDSMITH: Okay. And I do applaud the cell phone tower moratorium, I suppose because the newest one is going to be across the street from my house and I happen to think that in a fire district, it should not depend on a commercial vendor to erect a tower. If it is truly needed for communications, I think we as taxpayers ought to just ante up and pay for it. But... SUPERVISOR RUSSELL: I happen to agree but I am not resident out there. Page 83 July 17,2007 Southold Town Board Meeting Minutes Page 84 MS. GOLDSMITH: The other questions 1 have are, a while back we had spoken about a light ordinance. Is that going anywhere? SUPERVISOR RUSSELL: We actually had a seminar recently, a lady named Susan Harder has just effected legislation with other towns, we would like to perhaps do something in the near future. She had asked me to hold off because there was some imperfections to some legislations she had worked on previous and she thinks she has fixed those glitches. MS. GOLDSMITH: How about noise? Has anything been discussed about it? 1 mean, 1 have to say to all of you, 1 hate ordinances. 1 have them, 1 wish we didn't need them. When the other woman spoke about, you know, you can't stop progress; you know, maybe we should redefine progress but progress brings its own set of problems. 1 hate ordinances. 1 hate noise, I hate lights but after dancing away on my lawn last weekend, I am thinking a light ordinance, I mean a noise ordinance may be very helpful here. A limited one, anyway. SUPERVISOR RUSSELL: Yeah, you know, I am generally against ordinances too, however, it has gotten to the point where we have to legislate good manners. And that is what we have come to and unfortunately, I think the time has come where we need to have a hard, serious discussion about a noise ordinance. A reasonable, common sense approach to noise regulation, that wouldn't be deleterious to businesses, to workers. You know. MS. GOLDSMITH: My last question is, I know that some changes in the uses in the M-II zoning areas was discussed a while back. Was that... SUPERVISOR RUSSELL: We had discussed the ferry component of the M-I1. We are actually in the process, we just talked today about crafting legislation that would basically include that, to remove ferries and rather bring them directly to the Town Board for any type of ferry use. That was part of our ferry discussion today at a work session. MS. GOLDSMITH: Okay. Thank you very much. SUPERVISOR RUSSELL: The other uses pending for the Oki-Do, I know you are concerned about, they are actually ZBA. They will have to go to ZBA. MS. GOLDSMITH: Thank you. SUPERVISOR RUSSELL: Anybody else? (No response) Can I get a motion to adjourn? Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 6:15 P.M. . . . . . Page 84 July 17,2007 Southold Town Board Meeting Minutes r~Q.~ -;i~~qeth A. N:ville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Page 85 Page 85