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HomeMy WebLinkAboutTB-04/24/2007 ELIZABETH A. NEVILLE TOWN CLERK' REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES April 24, 2007 4:30 PM Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631)765-6145 Telephone; (631) 765 - 1800 southoldtown.northfork.net A Regular Meeting of the Southold Town Board was held Tuesday, April 24, 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. Attendee Name Albert Krupski Jr. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Elizabeth A. Neville Patricia A Finne an Organization Town of South old Town of South old Town of Southold Town of Southold Town of Southold Town of South old Town of Southold Town of Southold I. Reports 1. Recreation Department Monthly Report March 2007 2. Town Clerk Marc 2007 3. Supervisor's Budget Month ended March 31, 2007 4. Board of Trustees March 2007 Title Councilman Councilman Councilman Councilman Justice Supervisor Town Clerk Town Attome Status Present Present Present Present Present Present Present Present Arrived Page I April 24, 2007 Southold Town Board Board Meeting Minutes 5. Judge Price March 2007 6. Justice Evans March 2007 7. Employee Health Care Plan Lag Claim 4/1106 - 3/31/07 Claims II. Public Notices 1. Application for Farm Winery License to NYS Liquor Authority Four Crows, Inc., Croteau Farm, 1450 South Harbor, Southold 2. Request for Transfer of an On-Premise Liquor License to NYS Liquor Authority DCDR Restaurant Corporation, 62375 Main Rd., (Rt 25), Southold 3. Public Scoping Hearing - Draft GElS Determiniation of Significance Proposed Suffolk County Shellfish Aquaculture Lease Program in Peconic and Gardiners Bays - May 3, 2007 at 7:00 PM at Suffolk Community College 4. Application to US Army Corps of Engineers Suffolk County DPW to dredge with ten years maintenance and sand discharge for beach nourishment at Cedar Beach Creek, a tributary to Little Peconic Bay. 5. NYS DEC Notice of Complete Application Lee & Marie Beninati to construct addition to wood deck, a two story garage, cabana, and pool. 855 Oakwood Dr, Southold III. Communications 1. Human Resource Center Staff Commended. Barbara Reilly (former HRC employee) IV. Discussion 1. 9:30 AM David Bergen Dredging Emergency Relief L WRP Windows DEC, Army Corps of Engineers Page 2 April 24, 2007 Southold Town Board Board Meeting Minutes 2. Proposed Dredging At Schoolhouse Creek Assurances for Resolution 3. Peconic School 4. Planning & Zoning Updates Waiver of Merger Transfer Station Protocol for Calling Meetings 5. Personnel Mediator 6. Deer Population Control Measures 7. Request From Mattituck Chamber of Commerce 8. Request for Replacement Police Officers 9. Appointment of Douglas Constant to Historic Preservation Commission 10. Ad for Memorial Tree Program - Per Councilman Edwards 11. Approval for Peace Officer Training 12. LIO Changes - Peconic Recycling and Transfer 13. 1:00 PM Executive Session - Connie Solomon CSEA Negotiations 14. Strawberry Fields Official "Home ofthe Strawberry Festival" 15. Parking Regulations Parking for wedding at Horton's Point and at the Wharf House V. Resolutions 1. Statement SUPERVISOR RUSSELL: Welcome to the April 24, 2007 meeting of the Southold Town Board. Please rise and join me in the Pledge of Allegiance to the Flag. Would anybody like to come up and address the Town Board on any item as it appears on the agenda? Mrs. Egan? JOAN EGAN: Joan Egan, East Marion. We finally got a little weather. On your original one there had about fines, you know, earlier. You have tabled that? SUPERVISOR RUSSELL: Yes. Actually we tabled that at the meeting two weeks ago. We.... Page 3 April 24, 2007 Southold Town Board Board Meeting Minutes MS. EGAN: I realize that. SUPERVISOR RUSSELL: We didn't intend on putting it on the agenda for today. It appeared on there so, I asked to have that removed from the agenda. We plan on acting on that in two weeks. MS. EGAN: You are going to do it in two weeks? SUPERVISOR RUSSELL: Yes. MS. EGAN: Y eah. Yeah. Good. Are you going to send a notice out to people, I mean, will the Town know about it, other than if they listen to the Town Hall meetings in that regard? SUPERVISOR RUSSELL: Well, we are effectively changing the Town Code, so we would have to have a public hearing, set a public hearing for that, we had the public hearing. MS. EGAN: No. But what I am getting at is, will you be telling, how will the average person know that if they are parked by hydrant that the fines have gone up? I mean, will the public, how will the public be notified? By the newspaper? SUPERVISOR RUSSELL: When they park by a hydrant and when the police officer points out that the ticket that he just gave him costs him more. MS. EGAN: No, no, no, no. SUPERVISOR RUSSELL: There is no formal process for notifying the public... MS. EGAN: It would be a deterrent if they knew in advance not to park where they shouldn't. SUPERVISOR RUSSELL: Well, it is going to be difficult. We did the due process for the notification for the public hearing that those fines were going up. We have done quite a bit. The paper certainly would probably help cover when we pass that law in two weeks but I can't reach out to every driver and say, look, be careful now because the fines are increased. MS. EGAN: No. I know. Okay. SUPERVISOR RUSSELL: They will find out soon enough. Quite honestly, on top of that, they are breaking the law, they are breaking the law. MS. EGAN: I know, I know. COUNCILMAN EDWARDS: Do it now while it is cheap. MS. EGAN: Well, you have the situation still behind the Arcade for 10 minute parking which is Page 4 April 24, 2007 Southold Town Board Board Meeting Minutes ridiculous. COUNCILMAN EDWARDS: Well, that is the Village. MS. EGAN: And of course, you know our police officers, much as I love them, they get brownie points at the station every time they write a ticket and then it adds to their time off and blab blab blah. Oh, here we go. Item 395, there are several things in regards in the whole agenda to the Solid Waste Management District. Taxpayers are getting very annoyed and upset that Mr. Bunchuck, I am not saying what kind of a job he does there, I don't think that he needs to go away all these times and charge it to us. If he wants to go to those things, let him do it on his salary. We pay him enough. Now, 396, this I didn't quite understand. They need a new vehicle or they need a, Human Resource Center. SUPERVISOR RUSSELL: New vehicle. MS. EGAN: Hmm? SUPERVISOR RUSSELL: That is for a new vehicle. MS. EGAN: They need a new one? SUPERVISOR RUSSELL: Yes. MS. EGAN: Is that the bus or is that for the director? SUPERVISOR RUSSELL: I believe that is for, not a bus but a van. For Meals on Wheels. MS. EGAN: Well, a van. To transport people. Well, good. I hope they take good care of it. Here we go again, 397 for Mr. Bunchuck. More money up there. SUPERVISOR RUSSELL: That is actually existing debt that we refinanced and reduced the debt service on, because of our recently upgraded standing with WaIl Street in regard to our bond rating. We were able to convert some debts service into new debt service at a reduced rate. It is like refinancing and we are saving the taxpayers money by doing that. MS. EGAN: Okay. Now I think I have answered this question, 401. Michelle Martocchia. I remember good old Al Martocchia. He was a nice guy. She... SUPERVISOR RUSSELL: That is AI's child bride. No, nothing. I am just joking. Michelle is, you know Michelle works... MS. EGAN: I know. SUPERVISOR RUSSELL: This is just a part-time position. Page 5 April 24, 2007 Southold Town Board Board Meeting Minutes MS. EGAN: One of the better clerks up there. SUPERVISOR RUSSELL: She is terrific. And this is just a part-time position outside of her job there. To work as a secretary for the Landmarks Preservation Commission. MS. EGAN: Yeah. And I think you have addressed that later on, it was going to ask for a replacement, I think you have replaced it later on in the agenda. SUPERVISOR RUSSELL: I do not believe that we have. MS. EGAN: There was something about it. I will catch it. SUPERVISOR RUSSELL: No, that is for a member of the Landmarks Preservation Commission. That is different than the secretary. I don't think Doug Constant would be interested in the secretarial position. MS. EGAN: Okay. 403, how is, what progress is being made on our senior center on Peconic Lane? SUPERVISOR RUSSELL: We are actually in the process of collecting bids as we speak and we are getting... MS. EGAN: Pardon? SUPERVISOR RUSSELL: Mr. McMahon is getting prices as we speak to get the re-skinning of the facility done and the roofing done. It is, with the weather now turning in our favor, hopefully the project will advance pretty quickly. MS. EGAN: Like when? SUPERVISOR RUSSELL: Well, I would hope within the next several weeks. We couldn't put a roof on in the weather we have had over the past spring but we could put a roof on now. And we have to do the roof before we do anything else. MS. EGAN: Absolutely. I spoke to him this morning, I don't see him here now, that our police department outside by the flag pole, he hasn't done anything. He ruined what I put there last fall but we will get on top of it. Again, 404, Solid Waste Management again. Oh, what is 407 all about? I think I know but. . . SUPERVISOR RUSSELL: 407 is part of the North Shore Planning Heritage trail system, we actually qualify, this money will be funded by grants, if I am not mistaken. And this was to bring what we call interpretive signage to try to clean up the clutter of all the signs that are out there by offering a color coding and more uniformity for signage, so that wineries and restaurants will have their own designation so the public and the tourists will understand, if they are in need of a specific facility they can follow the directional signs to get to that facility. This Page 6 April 24, 2007 Southold Town Board Board Meeting Minutes is all through grant money. MS. EGAN: Okay. Of course, when they get into Greenport there is no parking. Oh yeah, 414, Town Clerk Mrs. Neville to attend a seminar. I believe it was, she went to one in the beginning of the year when you all went into the city, correct? SUPERVISOR RUSSELL: There is specialized training in each of our positions. I don't think one seminar in a year would cover all the training that Betty would require with, particularly with technology and its impact on the clerk's profession. MS. EGAN: I still feel very strongly against these trips and so much of it can be done by telephone, computer or such. That is how I feel. 415, what do you mean by gifts and donations? SUPERVISOR RUSSELL: Somebody had donated the cost of a breathalyzer for the police department for $500, for one of the vehicles. MS. EGAN: Great. Oh, I think 416 is marvelous. Municipal Clerk week. I think that is great. Like secretaries day. Now, 417, won't we more addressing this in the public hearing? SUPERVISOR RUSSELL: Yes, we will be having a public hearing on that. MS. EGAN: Yeah, well see 420, that is a historic, like I said, is that the same as what we had before? SUPERVISOR RUSSELL: No, that is for membership to the Committee itself. Michelle Martocchia was a secretary to that Committee. MS. EGAN: Oh, I see. SUPERVISOR RUSSELL: In this particular case, Susan Roache is stepping down. Douglas Constant will be assuming her chair on the Committee itself. MS. EGAN: Ms. Martocchia's? SUPERVISOR RUSSELL: No, Mrs. Martocchia was a secretary to that Committee, this is the Committee members. MS. EGAN: Who is going to replace her? SUPERVISOR RUSSELL: We don't know yet. We will be advertising tomorrow throughout Town Hall tomorrow. The protocol is to advertise throughout Town Hall to see if any existing municipal employees are interested in the position and if not, we will go for a public ad. MS. EGAN: Good. Who is, 421, you had Amy Martin here a couple of years on trees. Who has replaced her? Page 7 April 24, 2007 Southold Town Board Board Meeting Minutes SUPERVISOR RUSSELL: Amy Martin? Well, I can tell you our liaison to the Tree Committee is Councilman Edwards. COUNCILMAN EDWARDS: I am sorry, I don't understand the question? MS. EGAN: Well, you had Amy Martin, I guess I think when Horton was here, Supervisor Horton and she resigned. Who replaced her? COUNCILMAN EDWARDS: I don't know, that was before I was on board but the list of the members of the Tree Committee is on the Town website, although Ed Dart has recently resigned and we have advertised for new members for the Tree Committee. MS. EGAN: Well maybe you could find out for me. COUNCILMAN EDWARDS: Well, I am saying, I would be glad to find out who replaced Amy Martin two years ago. MS. EGAN: I am sure you will. I will check with Mr. Russell. COUNCILMAN EDWARDS: Or three years ago or whenever it was. MS. EGAN: Oh,422. Now, that is quite a long seminar, April 30th through May 18th. SUPERVISOR RUSSELL: It is training. It is two weeks of training required by state law for the Peace Court Officer. MS. EGAN: Okay. Now, in that regard any progress having been made in regard to security coming into court on Friday? SUPERVISOR RUSSELL: Well, that is a step in the right direction. To get him the training he needs and qualify him to be on the police registry. Other progress, you would mean metal detectors, things of that nature? I hear a lot of rumors but I have seen nobody roll up to buy a set. MS. EGAN: Well, I think Mr. Russell had addressed that before and he didn't seem to want to appropriate the funds for it. SUPERVISOR RUSSELL: Mr. who? Russell? MS. EGAN: No, not Mr. Russell. SUPERVISOR RUSSELL: Mr. Ross? Did you just confuse me with Dan? MS. EGAN: No, you are better looking. Page 8 April 24, 2007 Southold Town Board Board Meeting Minutes COUNCILMAN ROSS: I don't have a problem with the machine, I have a problem with paying somebody in this instance... MS. EGAN: What? COUNCILMAN ROSS: I have a problem with hiring a person to run a security machine at the Justice Court door under the circumstances that exist right here. That is my problem, Mrs. Egan. MS. EGAN: Well, I think that we have quite a few retired police officers and I think maybe you might approach the Chief or Lieutenant Flatley or the Patrolmen's Benevolent... SUPERVISOR RUSSELL: I really... MS. EGAN: And maybe get a few names in that regard and they probably wouldn't maybe want to charge you so much and you could find out because we certainly need it. SUPERVISOR RUSSELL: I am sorry to interrupt but I think the real issue here is the Town needs to find as quickly as possible a committed building or a committed complex just for court services. Just so the entire court process can be excluded from the regular workers of town government and if we had a separate facility we could certainly do a much better job maintaining the security of the facility because we don't have the regular comings and goings of the general public to get beach stickers and parking stickers and pay taxes. MS. EGAN: But will that resolve... SUPERVISOR RUSSELL: I was offered a building recently. I looked at the building to move it to the property that we own, at the back here behind Academy Printing, the building is a nice building it just wasn't cost effective to move it to get it on site to make it a committed court complex. It just wasn't cost effective. MS. EGAN: Okay. Well, that is it for now. Thank you very much. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on anY issue specific to the agenda? (No response) Hearing none, let's move forward. 2007-391 CATEGORY: DEPARTMENT: Audit Town Clerk Approve Audit April 24, 2007 RESOL YED that the Town Board of the Town of Southold hereby annroves the audit dated Anril 24. 2007. Page 9 April 24, 2007 Southold Town Board Board Meeting Minutes ,/ Vote Record - Resolution RES-2007-391 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-392 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Next Meeting MAy 8, 2007, 7:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, May 8, 2007 at the Southold Town Hall, Southold, New York at 7:30 P. Moo ,/ Vote Record - Resolution RES-ZOO7-392 Yes/Aye NolNay 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 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 2007-363 Tabled 4/10/20077:30 PM CATEGORY: Employment - Town DEPARTMENT: Town Clerk Appoint MICHAEL C. VOLINSKl to the Position of Full-Time Labor Crew Leader for the Southold Town Highway Department RESOLVED that the Town Board of the Town of Southold hereby appoints MICHAEL C. VOLINSKI to the position oHull-time Labor Crew Leader for the Southold Town Hil!hwav Department. effective April 12, 2007, at a rate of $26.9969 per hour. ,/ Vote Record - Resolution RES-2007-363 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Initiator 0 Ii'! 0 0 0 Adopted as Amended William P. Edwards Seconder Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 Page 10 April 24, 2007 Southold Town Board Board Meeting Minutes 2007-388 Tabled 4//0/20077:30 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LLfor Vehicle & Traffic Updates WHEREAS, there has been presented to the Town Board ofthe Town of South old, Suffolk County, New York, on the 13th day of March, 2007 a Local Law entitled "A Local Law in relation to Amendments to the Vehicle and Traffic Law in the Town of South old" and WHEREAS, the Town Board of the Town of South old finds that this Local Law is consistent with the LWRP; and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, NOW THEREFOR BE IT RESOLVED that the Town Board ofthe Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to the Vehicle and Traffic Law in the Town of Southold" reads as follows: LOCAL LAW NO. 12 of 2007 A Local Law entitled, "A Local Law in relation to Amendments to the Vehicle and Traffic Law in the Town of Southold". BE IT ENACTED by the Town Board of the Town of South old as follows: I. Purpose - In order to provide for the health, safety and welfare of the citizens of the Town, it is necessary for the Town Board to make amendments to the Town's vehicle and traffic regulations, including regulations regarding parking in fire lanes, handicapped spaces, and other areas, as well as updating and consolidating the fines for various infractions. II. Chapter 189 of the Code of the Town of South old is hereby amended as follows: Page II April 24, 2007 Southold Town Board Board Meeting Minutes 9189-8. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-1973] Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation punishable by a fine as set forth below not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. Fine Penalty at 30 days Penalty Schedule Penalty at 60 days Penalty at 90 days $Will $100 $150 $170 III. Chapter 193 ofthe Code ofthe Town of South old is hereby amended as follows: ~193-3. Regulations concerning motor vehicles. A. No person in a recreational area shall: (6) PafI( a vehiele in ether than an estaelished or desiglllited parking area, and slleh Ilse shall lle in aeeordanee with the posted instmetioas thereat E1ful with the iastrnetionG of any atteadaRt '.vao may lle present. IV. Chapter 260 of the Code of the Town of Southold is hereby amended, as follows: ~260-8. Parking prohibited at all times. The parking of vehicles is hereby prohibited at all times in any of the following locations and at anv other location where signage indicates "No Parking": ~260-12. Public parking lots.[Added 7-7-1981 by L.L. No. 4-1981] The parking of vehicles in t1Ie !! public parking lot loeated ia Sellthold oa the sellth side of New York Rome 25, appFeldmately 170 feet east of Wells ."'lealle, is herelly pFehillited for a peried longer than t-\vo aOllfs. for a period of more than two hours is herebv prohibited at the following locations: Name of Street Side Location New York Route 25 South In Southold. approximatelv 170 feet east of Wells Avenue Page 12 April 24, 2007 Southold Town Board Board Meeting Minutes New York Route 25 North In Cutchogue, east of Griffing Street. in rear of Shopping Center (except in those spaces designated bv signage authorizing parking in excess of two hours) ~260-13. Stopping prohibited at all times. [Added 8-12-1980 by L.L. No. 4-1980] The stopping of vehicles is hereby prohibited at all times in any of the following locations and at any other location where signage indicates "No Stopping": ~260-14. Fire zones, fire lanes. fire hydrants. fire wells. [Added 8-12-1980 by L.L. No. 4-1980) A. The parking of vehicles is hereby prohibited at all times in the following fire IErne lecatieBG zones: AI. At the shopping center located on the north side of New York Route 25, approximately 1,400 feet west of Cox Lane in the Hamlet of Cutchogue, cemmenl)' Irne.\'n as tne "Ke)' F eea Snepping Center," such fire lane to be 30 feet in width from the southerly sidewalk curbline on the south side (front) of the building and extending for the entire length of the store building. B.~. At the shopping center located on the north side of New York Route 25, having ingress and egress on both Route 25 and Factory Avenue in the Hamlet of Mattituck, sammenl)' kae'Nfl as the "/\. & P Snepping Center," such fire lane to be 24 feet in width, from the southerly and westerly sidewalk curbline on the south and west (front) side of the building and extending the entire length of the L- shaped store building; i.e., 466 feet along the southerly face of the building and 222 feet along the westerly face. [Added 4-25-1989 by L.L. No. 5-1989] .6.. The stopping, standing or parking of vehicles within 15 feet in either direction of a fire hydrant is hereby prohibited. C. The stopping, standing or parking of vehicles within 15 feet in either direction of a fire well is hereby prohibited. D. The stopping, standing or parking of vehicles is prohibited at all times in the areas designated and marked as fire lanes. ~260-17, Handicapped parking, [Added 12-23-1997 by L.L. No. 29-1997] Page I3 April 24, 2007 Southold Town Board Board Meeting Minutes N e persea shall The stopping. standing or parking of park er staFId a meter vehicle~ in any parkiag space designated fer the parkiag ef metor vehieles by iadiyidllals with haF1dieapped lieease plates er pefffiits as set forth belew, as handicapped parking bv blue markings and/or handicapped signage is prohibited unless said the vehicle displays SlIGh 1! valid handicapped license plate, or a valid handicapped parking permit displayed ia the mar.Her aFId leeatiea as designated by New York State or Locallaw,-er FepdatieR, iR aay lesatea listea ee18\.r: Name of Street Side LoeatioR Orehard Street [.^.dded 10 12 1999 East by L.L. Ne. 12 1999] Frem the Reftfteast eerner efVillage LaRe and Orehard Skeet easterly aleRg Orehard Street adj aeeRt te the URited Methedist Chureh SellBd /\ veRlle Sellth From the Presl3yterian Chllreh DriYeway eatraaee easterly for a DistaFlee ef 95 feet ~260-18. Additional parking regulations.[Added 3-26-2002 by L.L. No. 2-2002) .^.. }-Ie persea shall park a "ehiele se as te ebstrnet a fire h).draat. B.A. No person shall double park a vehicle on any Town highway or roadway. G.B. No person shall park a vehicle in whole or part on a sidewalk located adjacent to a highway. B.C. No vehicle shall be parked upon any public highway or roadwav without first being registered and inspected pursuant to the Vehicle and Traffic Law of the State of New York. B.D. On a one-way roadway vehicles shall be parked facing in the direction of authorized traffic movement; on a two-way roadway such motor vehicle shall be facing in the direction of authorized traffic movement on that portion of the roadway on which the vehicle rests. F.E. No person shall park a vehicle so as to obstruct any driveway except with express permission of the owner. G. N e perseR shall parle a vehiele evertime ia a time restrieted parkiRg spaee. F. In an established or designated parking area. a vehicle is to be whollv within the markings or signage where established or designated lines and markings are indicated. Page 14 April 24, 2007 Southold Town Board Board Meeting Minutes ~260-27. Penalties for offenses. Every person convicted of a traffic infraction for a violation of any provision of this chapter, which is not a violation of any provision of the Vehicle and Traffic Law of the State of New York, and said traffic infraction is not covered by Subsection B below, shall, for a first conviction thereof, be punished by a fine ef Ilet more than $59 not to exceed $110 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.; fer a seeolla sHeh eellvietisR withill I g msmhs thereafter, sHeh persell shall BS PHllished BY a Hlle of Ilot mare than $199 sr BY iHlJlrisaHffieHt for Ilot mers thall 15 aays, sr BY Bath sHeh Hlle ana imprissllffieHt; HjlOIl a third or SHBSe'lHeHt eell'/ietisll withiR I g meHths after the firat eell'/ietieR, sHeh perseR shall Be PllIlished BY a Hlle ef Ilet msre thall sHeh persell shall Be pWlished BY a fille ef Ilet mere than $259 sr BY iHlJlriseHffieHt for Ilet mere thall 99 days, er BY Both sHeh Hlle and impriseHffieHt. B. All persons cited on a Town parking summons for violation ofthis chapter, permit parking or parking related violations shall be subject to a fine as set forth below and shall answer on or before 30 days after the issuance of the summons. Persons failing to answer before the expiration of30 days after issuance of the summons shall be subject to the penalties set forth in the penalty schedule below, in addition to the prescribed fines: Fine Schedule Section 260-8 260-9A 260-9B 260-9C 260-10 260-11 260-12 260-13 260-14A 260-14B 260-14C 260-14D 260-15 Description Parking prohibited at all times Parking prohibited certain hours Between 10:00 p.m. and 6:00 a.m. Night fishing permit Parking prohibited certain months Parking limited time Parking public lots Stopping prohibited at all times Fire lanes Fire hvdrant Fire wells Fire zone Parking or standing prohibited certain times Fine Schedule Section Description 26016 260-17 193 A( 6)260-18F Handicapped parking only Parking a vehicle in other than established or designated area Parking by Southold Town permit only ResicleHt parkillg peFHlit Permit properlv 1892,^.189-2F 189-3A(l) Amount ~$75 ~~ ~~ $50 ~ID ~~ ~$50 ID $75 $75 $75 $75 ~$50 Amount $110* $W $75 $WID $WID Page 15 April 24, 2007 Southold Town Board Board Meeting Minutes 2e9 ilL\. 260-18BA 260-1 8GB 260-18BC affixed F ire hydrant Double parked On sidewalk Expired registration Over 60 days Expired inspection Over 60 days Wrong side to curb Obstructed driveway Designated parking space Overtime parking No stopping zone F ire zone B us stop Loading zone m ~m ~$75 ~~ ~$75 ~~ ~$75 ~$75 ~m $75 ~~ ~m m ~m ~m 260-18BC 260-18BD 260-18F);; 260-18F 260-180 260-19 289 2() 260-21 260-22 NOTES: · Includes NYS mandatory surcharge of$35. Penalty Schedule Penalty at Penalty at Penalty at Section Description Fine 30 Days 60 Days 90 Days 260-8 Parking prohibited ~$75 $+G$IOO ~$150 ~$170 at all times 260-9A Parking prohibited ~$50 $+G$75 ~$100 ~$150 certain hours 260-9B Between 10:00 p.m. ~$50 $+G$75 ~$100 ~$150 and 6:00 a.m. 260-9C Night fishing permit $50 $100 $150 $170 260-10 Parking prohibited ~$75 $+G$100 ~$150 ~$170 certain months 260-11 Parking limited time ~$50 $+G$75 ~$100 ~$150 260-12 Parking public lots ~$50 $+G$75 ~$100 ~$150 260-13 Stopping prohibited $75 $100 $150 $170 at all times 260-14A Fire lanes $75 $150 $225 $245 260-14B Fire hydrant $75 $150 $225 $245 260-14C Fire wells m $150 $225 $245 260-14D Fire zone $75 $150 $225 $245 260-15 Parking or standing $35$50 $70$100 $105$150 $125$170 prohibited certain times 280 Ie Fire wells m $MG ~ $2# 260-17 Handicapped parking $110. $185 $260 $280 Page 16 April 24, 2007 Southold Town Board Board Meeting Minutes Only NOTES: * Includes NYS mandatory surcharge of$35. Penalty Schedule Penalty at Penalty at Penalty at Section Description Fine 30 Days 60 Days 90 Days 193 3,'.(6) Parking a vehicle in $W$75 $100 $150 $170 260-ISF other than established or designated area IS9~2F Parking by Southold $W$75 $100 $150 $170 Town permit only IS9-3A(J) Residem parking $Will $100 $150 $170 PeflBit Permit properlv affixed 2GO 18.'\ Fife kYElFaRt $75 $150 $225 $215 260-ISBA Double parked m$75 $+G$100 ~$150 ~$170 260-ISGB On sidewalk m$75 $+G$100 ~$150 ~$170 260-ISl)C Expired registration m$50 $+G$75 ~$125 ~$150 Over 60 days $W$75 $+00$125 $+W$175 $l-7()$200 260-ISl)C Expired inspection m$50 $+G$75 ~$125 ~$150 Over 60 days $W$75 $+00$125 $+W$175 $l-7()$200 260-1 SED Wrong side to curb m$75 $+G$100 ~$150 ~$170 260-1SI'E Obstructed driveway m$75 $+G$100 ~$150 ~$170 260-1SF Designated parking ill $100 $150 $170 space 260-19 No stopping zone m$75 $+G$IOO ~$150 ~$170 26020 Fire ZElBel $75 $150 $225 $215 Penalty Schedule Penalty at Penalty at Penalty at Section Description Fine 30 Days 60 Days 90 Days 260-21 Bus stop m$75 $+G$100 ~$150 ~$170 260-22 Loading zone m$75 $+G$100 ~$150 ~$170 V. 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. VI. APPLICABILITY AND EFFECTIVE DATE. Page 17 April 24, 2007 Southold Town Board Board Meeting Minutes This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ./ Vote Record - Resolution REs..2007-388 yes/Aye NolNay Abstain Absent 0 Adopted Albert Krupski Jr. Voter It! 0 0 0 0 Adopted as Amended William P. Edwards Voter It! 0 0 0 0 Defeated Daniel C. Ross Seconder It! 0 0 0 It! Tabled Thomas H. Wickham Initiator It! 0 0 0 0 Withdrawn Next: May 8, 2007 7:30 PM Louisa P. Evans Voter It! 0 0 0 Scott Russell Voter It! 0 0 0 2007-393 CATEGORY: DEPARTMENT: Attend Seminar Police Dept Grant Permission to Bay Constable John Kirincic to Attend Marine Law Enforcement Training In Lake George, New York RESOLVED that the Town Board of the Town of South old hereby l!:rants permission to Bav Constable John Kirincic to attend Marine Law Enforcement traininl!: in Lake Georl!:e. New York. commencinl!: on Sunday. Mav 6 throul!:h Fridav. Mav 11.2007. There will no charge to the Town for this training except for gas and tolls. Travel to be by Deparment vehicle. All expenses to be a legal charge to the 2007 Bay Constable budget (meetings and seminars) A.3130.4.600.200. -/ Vote Record - Resolution RES-2007-393 Yes/Aye No/Nay Abstain Absent It! Adopted Albert Krupski Jr. Seconder It! 0 0 0 0 Adopted as Amended William P. Edwards Initiator It! 0 0 0 0 Defeated Daniel C. Ross Voter It! 0 0 0 0 Tabled Thomas H Wickham Voter It! 0 0 0 0 Withdrawn Louisa P. Evans Voter 6'1 0 0 0 Scott Russell Voter 6'1 0 0 0 2007-394 CATEGORY: DEPARTMENT: Strawberry Fields Recreation Strawberry Fields Greek Orthodox Church RESOLVED that the Town Board of the Town of Southold hereby l!:rants permission to the Greek Orthodox Church to use Strawberry Fields on Fridav. AUl!:ust 31 thru Sunday. September 2. 2007 - (set-up for the carnival would be from AUl!:ust 28 - 30) beginning at Page 18 April 24, 2007 Southold Town Board Board Meeting Minutes 8:00 AM provided that approval is granted by the appropriate town agencies and they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold and the County of Suffolk as an additional insured and notify Capt. Flatley within ten (10) days of the approval ofthis resolution to coordinate traffic control. '" Vote Record - Resolution RE8-2007-394 Yes/Aye NolNay Abstain Absent '"' Adopted Albert Krupski Jr. Voter 0 '"' 0 0 0 Adopted as Amended William P. Edwards Seconder '"' 0 0 0 0 Defeated Daniel C. Ross Initiator '"' 0 0 0 0 Tabled Thomas H. Wickham Voter '"' 0 0 0 0 Withdrawn Louisa P. Evans Voter '"' 0 0 0 Scott Russell Voter '"' 0 0 0 2007-395 CATEGORY: DEPARTMENT: Attend Seminar Solid Waste Management District Waste Mgmt. Conferences RESOLVED that the Town Board of the Town of South old hereby !!:rants permission to Solid Waste Coordinator Bunchuck to attend 1) the Federation of New York Solid Waste Associations conference and trade show in Bolton Landin!!:, NY on Mav 6th - 9th. 2007, AND 2) the Solid Waste Ass'n. of North America. New York Chapter's Technical Session on Compostin!!: on June 13 in Delhi, NY. with all expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2007 Solid Waste Management District budget (meetings and seminars). ./ Vote Record w Resolution RES-2007~395 yes/Aye NolNay Abstain Absent '"' Adopted Albert Krupski Jr. Voter '"' 0 0 0 0 Adopted as Amended William P. Edwards Voter '"' 0 0 0 0 Defeated Daniel C. Ross Voter '"' 0 0 0 0 Tabled Thomas H. Wickham Seconder '"' 0 0 0 0 Withdrawn Louisa P. Evans Initiator '"' 0 0 0 Scott Russell Voter '"' 0 0 0 2007-396 CATEGORY: DEPARTMENT: Budget Modification Accounting Create Capital Budgetfor Human Services Vehicle Page 19 April 24, 2007 Southold Town Board Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the followine Capital Proiect in the 2007 Capital Budeet: Capital Project Name: Human Services Motor Vehicles Financing Method: Transfer from General Fund Whole Town Budget: Revenues: H.5031.20 Interfund Transfers $13,000 Appropriations: H.6772.2.300.200 Programs for the Aging Capital Outlay Automobiles $13,000 ,/ Vote Record - Resolution RES-2007-396 Yes/Aye NolNay 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 Voter Ii!! 0 0 0 0 Tabled Thomas H. Wickham Initiator 0 Ii!! 0 0 0 Withdrawn Louisa P. Evans Seconder Ii!! 0 0 0 Scott Russell Voter Ii!! 0 0 0 2007-397 CATEGORY: DEPARTMENT: Budget Modification Accounting Increase Serial Bond Interest Appropriation RESOLVED that the Town Board ofthe Town of Southold hereby modifies the 2007 Solid Waste District budeet as follows: To: SR.971O.7.100.l00 Serial Bond Interest $89,000 From: SR.9730.6.000.000 BAN Principal $89,000 ,/ Vote Record - Resolution RES-2D07-J97 Yes/Aye NolNay Abstain Absent Ii!! Adopted Albert Krupski Jr. Initiator Ii!! 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii!! 0 0 0 0 Defeated Daniel C. Ross Voter Ii!! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii!! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii!! 0 0 0 Scott Russell Voter Ii!! 0 0 0 Page 20 April 24, 2007 Southold Town Board Board Meeting Minutes 2007-398 CATEGORY: DEPARTMENT: Budget Modification Accounting Provide Appropriation Serial Bond Intrerest RESOLVED that the Town Board of the Town of South old hereby modifies the 2007 Community Preservation Fund budl!et as follows: To: H3.971O.7.100.lOO Serial Bond Interest $ 211,365 From: H3.8660.2.600.100 Land Acquisitions $ 211,365 ./ Vote Record - Resolution RES-2D07-J98 Yes/Aye No/Nay 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 2007-399 CATEGORY: DEPARTMENT: Employment - Town Accounting Hire Jeffery Boyle As Scale Operator RESOLVED that the Town Board of the Town of South old hereby appoints Jeffrey Boyle to the position of a Scale Operator from the Ciyil Service list of elil!ible for the Solid Waste District, effective April 26, 2007, at a rate of $17.3137 per hour. ./ Vote Record - Resolution RES-2007-J99 Y~s/.4..ye NolNay Abstain Absent 6'1 Adopted Albe:rt I<rupski Jr. Voter 6'1 0 0 0 0 Adopted as Amended William P. Edwards Voter 6'1 0 0 0 0 Defeated Daniel C. Ross Initiator 6'1 0 0 0 0 Tabled Thomas H. Wickham Voter 6'1 0 0 0 0 Withdrawn Louisa P. Evans Seconder 6'1 0 0 0 Scott Russell Voter 6'1 0 0 0 2007-400 CATEGORY: Attend Seminar Page 21 April 24, 2007 Southold Town Board Board Meeting Minutes DEPARTMENT: Police Dept Grant Permission to Chief of Police Carlisle E. Cochran, Jr. to Attend the 2007 Annual Training Conference of the New York State Association of Chiefs of Police In Alexandria Bay, New York RESOLVED that the Town Board of the Town of South old hereby e:rants permission to Chief of Police Carlisle E. Cochran. Jr. to attend the 2007 Annual Trainine Conference ofthe New York State Association of Chiefs of Police in Alexandria Bay. New York commencine on Sunday. July 15 throueh Thursday. July 19.2007. All expenses for registration, travel and lodging to be a legal charge to the 2007 Police Budget training line (A.3l20.4.600.200). ./ Vote Record ~ Resolution RE8-2007-400 Y~s1Aye NolNay Abstain Absent I!I Adopted AI~ert J(rupski Jr. Voter I!I 0 0 0 0 Adopted as Amended William P. Edwards Voter I!I 0 0 0 0 Defeated Daniel C. Ross Voter I!I 0 0 0 0 Tabled Thomas H. Wickham Seconder I!I 0 0 0 0 Withdrawn Louisa P. Evans Initiator I!I 0 0 0 Scott Russell Voter I!I 0 0 0 2007-401 CATEGORY: DEPARTMENT: Committee Resignation Town Clerk Accept the Resignation of Michelle Martocchia From the Position of Secretary to the Historic Preservation Commission RESOLVED that the Town Board of the Town of South old hereby accepts the resie:nation of Michelle Martocchia from the position of Secretarv to the Historic Preservation Commission. effective April 12, 2007. ./ Vote R<<ord - Resolution RES-2007-401 yes/Aye NolNay Abstain Absent I!I Adopted Albert Krups~iJr. Voter I!I 0 0 0 0 Adopted as Amended William P. Edwards Voter I!I 0 0 0 0 Defeated Daniel C. Ross Voter I!I 0 0 0 0 Tabled Thomas H. Wickham Initiator I!I 0 0 0 0 Withdrawn Louisa P. Evans Seconder I!I 0 0 0 Scott Russell Voter I!I 0 0 0 2007-402 CATEGORY: DEPARTMENT: Employment - Town Human Resource Center Hiring Contingent Permanent Senior Citizens Center Manager At HRC. Page 22 April 24, 2007 Southold Town Board Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby appoints Jacqueline E. Martinez from the Suffolk County Civil Service Department's certified list of elil!:ibles to the continl!:ent permanent position of Senior Citizens Center Manal!:er for the Department of Human Services, effective May 7 , 2007, at an armual rate of $48,719.17. .;' Vote Record - Resolution RES-2007-402 Yes/Aye NolNay Abstain Absent Iil Adopted Albert Krupski Jr. Initiator Iil 0 0 0 0 Adopted as Amended William P. Edwards Seconder Iil 0 0 0 0 Defeated Daniel C. Ross Voter Iil 0 0 0 0 Tabled Thomas H. Wickham Voter Iil 0 0 0 0 Withdrawn Louisa P. Evans Voter Iil 0 0 0 Scott Russell Voter Iil 0 0 0 2007-403 CA TEGORY: DEPARTMENT: Budget Modification Town Clerk Budget Modification Park & Playground RESOLVED that the Town Board of the Town of South old hereby modifies the General Fund Whole Town 2007 budl!:et as follows. in accordance with the Town Attornev: To: Revenues: A.2025.00 Special Recreation Facilities Park & Playground $30,500.00 Appropriations: A. 1620.2.500.350 A. 1620.2.500.825 Beach Improvements Cochran Park 58,500.00 4,000.00 From: Appropriations: A.1620.2.500.375 Boat Ramp Improvements 32,000.00 ./ Vote Record - Resolution RES-2007-40J 0 Adopted Yes/Aye NolNay Abstain Absent Albert Krupski Jr. Voter 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 Iil Tabled 0 Withdrawn Thomas H. Wickham Seconder Iil 0 0 0 Next: May 8, 2007 7:30 PM Louisa P. Evans Voter Iil 0 0 0 Scott Russell Voter Iil 0 0 0 Page 23 April 24, 2007 Southold Town Board Board Meeting Minutes 2007-404 CATEGORY: DEPARTMENT: Budget Modification Solid Waste Management District Budget Mod/Personnel RESOLVED that the Town Board of the Town of Southold hereby modifies the 2007 Solid Waste Manaeement District budeet as follows: From: Personal Services, Regular Earnings (SR 8160.1.1 00.1 00) $ 32,241 To: Personal Services, Vacation Earnings (SR 8160.1.100.300) $ Personal Services, Sick Earnings (SR 8160.1.1 00.400) $ Personal Services, Holiday Pay (SR 8160.1.100.500) $ 7,906 15,070 9,265 .;' Vote Record - Resolution RES-2007-404 Yes/Aye NolNay Abstain Absent Ii!I Adopted Albert Krupski Jr. Voter Ii!I 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii!I 0 0 0 0 Defeated Daniel C. Ross Initiator Ii!I 0 0 0 0 Tabled Thomas H. Wickham Voter Ii!I 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii!I 0 0 0 Scott Russell Voter Ii!I 0 0 0 2007-405 CATEGORY: DEPARTMENT: Employment - FIFO Accounting Hire Thomas Schweizer Pt Deckhand FIFD RESOLVED that the Town Board of the Town of Southold hereby appoints Thomas Schweizer to the position of a part-time deckhand for the Fishers Island Ferry District , effective May 10,2007, at a rate of $9.00 per hour. ,/ Vote Record - Resolution RES-2007-40S Yes/Aye NolNay Abstain Absent Ii!I Adopted Al~ert Krupski Jr. Voter Ii!I 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii!I 0 0 0 0 Defeated Daniel C. Ross Voter Ii!I 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii!I 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii!I 0 0 0 Scott Russell Voter Ii!I 0 0 0 Page 24 April 24, 2007 Southold Town Board Board Meeting Minutes 2007-406 CATEGORY: DEPARTMENT: Employment - FIFD Accounting Change the Status of Bryan Grote Part to Full Time RESOLVED that the Town Board of the Town of Southold hereby appoints Bryan Grote to the full time position of a Fishers Island Deckhand (from part-time for the Fishers Island Ferry District, effective May 10,2007, at a rate of$14.00 per hour. ./ Vote Record. Resolution RE8-Z007406 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 Withdrawn Louisa P. Evans Seconder Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-407 CATEGORY: DEPARTMENT: Budget Modification Town Attorney Scenic Byways Agreement Budget Modification RESOLVED that the Town Board of the Town of South old hereby modifies the 2007 General Fund Whole Town budl!:et as follows: APPROPRIA nONS To: A.IOIO.4.600.720 + $30,000.00 Interpretative Signage REVENUES To: A.4597.20 + $30,000.00 Interpretative Signage - TEA21 ./ Vote Record - Resolution RE8-Z007-407 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Initiator 0 Ii'! 0 0 0 Adopted as Amended William P. Edwards Seconder Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 Page 25 April 24, 2007 Southold Town Board Board Meeting Minutes 2007-408 CATEGORY: DEPARTMENT: Property Acquisition Purchase Town Attorney Authorizes Supervisor Scott A. Russell and the Town Attorney to Initiate the Appropriate Steps to Have the Federal Government Transfer to the Town the Plum Island Lighthouse, Five Acres of Land, and All Related Lighthouse Artifacts WHEREAS, Southold Town has more lighthouses than any Town in the country and considers the Plum Island Lighthouse symbolic and representative of its lighthouses; and WHEREAS, Southold Town is concerned about the preservation of the historic Plum Island Lighthouse; and WHEREAS, Southold Town considers that local ownership of the Plum Island Lighthouse property may be the only way to prevent further deterioration of this lighthouse, make possible its relighting and insure the preservation of this historic structure and its related artifacts; and WHEREAS, Southold Town considers acquisition of the Plum Island Lighthouse the best route to accomplish the Coast Guard approved relighting in response to the many requests received to accomplish this goal in furtherance of the interest of maritime safety (see Southold Town Resolution No. 628 of2002); and WHEREAS, Southold Town does not have a dedicated and secure location to house Town lighthouse records, memorabilia, and artifacts and the restored Plum Island Lighthouse is considered ideal for this purpose; and WHEREAS, a long-term commitment has been obtained from East End Lighthouses, a recognized local not-for-profit organization, which has exhibited years of dedication to local lighthouses, to restore and maintain the Plum Island Lighthouse, oversee its relighting and staff its museum for the Town of Southold; and WHEREAS, the lighthouse overlooks the site of the first engagement between American Continental troops and the British in the Revolutionary War in August, 1775; and WHEREAS, the Plum Island Lighthouse site was first purchased by the Federal Government in 1826, over 70 years before its acquisition of the rest of the Island. Page 26 April 24, 2007 Southold Town Board Board Meeting Minutes BE IT HEREBY RESOLVED, that the acquisition of the Plum Island Lighthouse would be a logical first step for the Town and East End Lighthouses to acquire experience and expertise in the maintaining of offshore lighthouses as historic structures supporting Aids to Navigation in preparation of the scheduled divesture by the Coast Guard of the remaining Southold Town lighthouses; and it is further RESOLVED, that the Town Board of the Town of South old hereby authorizes SUDervisor Scott A. Russell and the Town Attornev to initiate the aDDroDriate steDs to have the Federal Government transfer to the Town the Plum Island Lil!:hthouse. five acres of land. and all related lil!:hthouse artifacts to the Town. Any such transfer shall seek to include a designated right of way from the Plum Island Harbor, permission to dock a vessel in the Harbor and access to the lighthouse site, in strict accordance with the required governmental security procedures. ./ Vote Record - Resolution RE8-2007-408 Yes/Aye NolNay Abstain Absent Ii! Adopted Albert Krupski Jr. Seconder Ii! 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii! 0 0 0 0 Defeated Daniel C. Ross Voter Ii! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii! 0 0 0 Scott Russell Voter Ii! 0 0 0 2007-409 CATEGORY: DEPARTMENT: Strawberry Fields Town Clerk Home of the Strawberry Festival WHEREAS in 2002 the Town of Southold entered into an agreement with the County of Suffolk to improve and maintain the property known as "Strawberry Fields" for use as active parklands, including but not limited to ballfields and fairgrounds; and WHEREAS the Town has made several improvements to the property by providing ballfields, landscaping and general maintenance at the site; and WHEREAS the property was purchased by the County and is maintained by the Town with the full understanding that a primary use will be the annual "Strawberry Festival"; and WHEREAS the Town Board of the Town of South old recognizes the annual Strawberry Festival held by the Mattituck Lions Club is a tradition with a significant charitable purpose with a benefit to the entire community; and it is therefore Page 27 April 24, 2007 Southold Town Board Board Meeting Minutes RESOLVED that the property known as "Strawberry Fields" is determined to be the official "Home ofthe Strawberry Festival". -/ Vote Record - Resolution RES-ZOO7-409 Yes/Aye :NolNay Abstain Absent Ii'! Adopted J\1~c:rt~rtIpskiJr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 Ii'! 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 2007-410 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Peconic Estuary Program Agreement Between the Town of Southold and the County of Suffolk. Through Its Duly Constituted Department of Health ServicesJor a Term Commencing on Aprill. 2007. for Environmental Education Services RESOLVED that the Town Board of the Town of South old hereby authorizes and directs SUDervisor Scott A. Russell to execute the Peconic Estuarv Prol!:ram Al!:reement between the Town of Southold and the County of Suffolk. throul!:h its duly constituted DeDartment of Health Services. for a term commencinl!: on ADnl!. 2007. for environmental education services, subject to the approval of the Town Attorney. ./ Vote Record - Resolution RES-2007-410 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 Withdrawn Louisa P. Evans Seconder Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-411 CA TEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Data Sharing MOU Agreement Between the Town of Southold and the New York State Dept. of Motor Vehicles In Connection with Registration Information Inquiries RESOLVED that the Town Board of the Town of South old hereby authorizes and directs SUDervisor Scott A. Russell to execute the Data Sharinl!: MOD Al!:reement between the Page 28 April 24, 2007 Southold Town Board Board Meeting Minutes Town of Southold and the New York State Dept. of Motor Vehicles in connection with ree:istration information inquiries involving Justice Court violations, subject to the approval of the Town Attorney. ". Vote Record - Resolution RES-2007-411 Yes/Aye NolNay Abstain Absent Ii'! Adopted A1be:rtJ(lllpski Jr. Initiator Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdmwn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-412 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes Supervisor Scott A. Russell to Execute a Hold Harmless/Indemnification Agreement In Favor of the New York State DECfor Activities Relating to the Town ofSouthold.s Use of the Boat Lift and Property At the New York State Mattituck Creek Site for the Painting and Maintenance of the Police Boats RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to execute a Hold Harmless/Indemnitication Ae:reement in favor of the New York State DEC for activities relatine: to the Town of South old's use ofthe boat lift and propertv at the New York State Mattituck Creek site for the paintine: and maintenance ofthe police boats, subject to the approval of the Town Attorney. -/ Vote Record - Resolution RES-2007-412 Yes/Aye NolNay Abstain Absent Ii'I Adopted Albert KIlIPs~iJr. Seconder Ii'I 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'I 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'I 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-413 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Scenic Byw~s Agreement WHEREAS, a Project for the improvements to the North Fork Trail along County Route 48 & State Route 25 for signing (scoping), P.I.N. 0758.90 (the "Project") is eligible for funding Page 29 April 24, 2007 Southold Town Board Board Meeting Minutes under Title 23 U.s. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non-Federal funds; and WHEREAS, the Town of Southold desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of $9,000.00. NOW, THEREFORE, the Town Board, duly convened does hereby: RESOLVE, that the Town Board hereby approves the above-subject Project; and it is hereby further RESOLVED, that the Town Board hereby authorizes the Town of South old to pay in the first instance 100% of the federal and non-federal share of the cost of$45,000 work for the Project or portions thereof; and it is further RESOLVED, that the sum of $45,000 is hereby appropriated from the General Fund Whole Town, Town Board Interpretative Signage (AIOI0.4.600.720) and made available to cover the cost of participation in the above phase of the Project; and it is further RESOLVED, that in the event the full federal and non-federal share costs of the Project exceeds the amount appropriated above, the Town Board of the Town of South old shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the Transportation Commission thereof; and it is further RESOLVED, that the Supervisor of the Town of Southold, Scott A. Russell, be, and is hereby authorized to execute all necessary A!!:reements. certifications or reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the Town of Southold with the New York State Department of Transportation in connection with the advancement or approval of the Project and providin!!: for the administration of the Project and the municipality's first instance fundin!!: of project costs and permanent fund in!!: of the local share of federal-aid and state-aid eli!!:ible Project costs and all Proiect costs within appropriations therefore that are not so eli!!:ible; and it is further RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project; and it is further RESOLVED, that this resolution shall take effect immediately. Page 30 April 24, 2007 Southold Town Board Board Meeting Minutes ./ Vote Record - Resolution RES-2007-413 Yes/Aye No/Nay Abstain Absent 1<1 Adopted Albert Krupski Jr. Voter 0 1<1 0 0 0 Adopted as Amended William P. Edwards Seconder 1<1 0 0 0 0 Defeated Daniel C. Ross Initiator 1<1 0 0 0 0 Tabled Thomas H. Wickham Voter 1<1 0 0 0 0 Withdrawn Louisa P. Evans Voter 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2007-414 CA TEGORY: DEPARTMENT: Attend Seminar Town Clerk 2007 NYSTCA Conference RESOLVED that the Town Board of the Town of Southold hereby e:rants permission to Elizabeth A. Neville to attend 2007 The New York State Town Clerks Annual Conference on Aoril28. throul!:h Mav I, 2007 in Rochester New York. All expenses for registration, travel and lodging to be a legal charge to the 2007 Town Clerk budget A.l410.4.600.200 & A.l41O.4.600.300 (meetings and seminars). ./ Vote Record - Resolution REs..2007-414 Yes/Aye N'olNay Abstain Absent 1<1 Adopted AJ~ert. 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 2007-415 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification-Gift for Breath Analysis Equip RESOLVED that the Town Board of the Town of Southold hereby modifies the 2007 General Fund Whole Town budl!:et as follows: To: Revenues: A.2705.40 Gifts & Donations $ 500.00 To: Aoorooriations: Page 31 April 24, 2007 Southold Town Board Board Meeting Minutes A.3l20.2.500.100 Police, Equipment Breath Analysis Equipment $ 500.00 ./ Vote Record ~ Resolution RES-200741S yes/Aye ~o/Nay 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 Initiator 1<1 0 0 0 0 Withdrawn Louisa P. Evans Seconder 6iI 0 0 0 Scott Russell Voter 6iI 0 0 0 2007-416 CATEGORY: DEPARTMENT: Proclamation Town Clerk Recognize the Week of April 29 Through May 5. 2007. As Municipal Clerks Week WHEREAS, The Office ofthe Municipal Clerk, a time honored and vital part oflocal government exists throughout the world, and WHEREAS, The Office of the Municipal Clerk is the oldest among public servants, and WHEREAS, The Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels, and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all. WHEREAS, The Municipal Clerk serves as the information center on functions of local government and community. WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international professional organizations; now therefore be it Page 32 April 24, 2007 Southold Town Board Board Meeting Minutes RESOLVED that the Town Board ofthe Town of Southold does hereby recol!:nize the week of April 29 throul!:h Mav 5. 2007. as Municipal Clerks Week. and further extend appreciation to our Municipal Clerk Elizabeth Neville and to all Municipal Clerks for the vital services they perform and their exemplarv dedication to the communities they serve. ,/ Vote Record - Resolution RE8-2007-416 )'es/t\.ye NO/Nay Abstain Absent Ii'! Adopted Albert Krupski Jr. Initiator Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H Wickham Voter Ii'! 0 0 0 0 Withdmwn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-417 CATEGORY: DEPARTMENT: Seqra Town Attorney SEQRAfor LUWind Energy Systems RESOLVED that the Town Board of the Town of South old finds that the proposed "A Local Law in relation to Wind Enerl!:V Systems for Al!:ricultural Uses" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of South old hereby establishes itself as lead agency for the uncoordinated review ofthis action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated April 20, 2007, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith. ,/ Vote Record - Resolution RES-2007-417 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Seconder Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-418 CA TEGORY: DEPARTMENT: Attend Seminar Town Clerk Grant Permission to Town Clerk Elizabeth Neville and Records Management Assistant Stacey Norklun to Attend the New York State Archives Workshop on "Developing Records Management Policies and Page 33 April 24, 2007 Southold Town Board Board Meeting Minutes Procedures" RESOLVED that the Town Board ofthe Town of South old hereby grants permission to Town Clerk Elizabeth Neville and Records Manal!:ement Assistant Stacev Norklun to attend the New York State Archives workshop on "Developinl!: Records Manal!:ement Policies and Procedures" at Hauppauge, New York, on Wednesdav. April 25. 2007. Expense for travel shall be a legal expense of 2007 Town Clerk budget A.141 0.4.600.300. ." Vote Record - Resolution RES-2007418 Yes/Aye No/Nay Abstain Absent Ii'! Adopted Alb~rtJ(flIPskiJr. 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 2007-419 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Clerk Authorize Supervisor to Execute All Necessary Plans and Specifications, Surplus Material Area Agreements, Assurances to the County of Suffolk, License And/Or Dredging Permit Applications to Federal and State Agencies and Any and All Other Documents that May be Required to Accomplish Dredging of Schoolhouse Creek. WHEREAS, the Town of Southold has requested the County of Suffolk to dredge a navigation channel in Schoolhouse Creek, Town of Southold; and WHEREAS, the County of Suffolk proposes to do said dredging of Schoolhouse Creek in the Town of Southold at a nominal cost to the Town of Southold; and WHEREAS; in order to accomplish said dredging, plans, specifications, agreements and other documents must be executed on behalf of the Town of Southold; and WHEREAS, this approval shall remain in effect for the period of the required permits and any renewals thereof; now therefore be it RESOLVED: That the supervisor be and he hereby is authorized to execute, on behalf of the Town of Southold, all necessary plans and specifications, surplus material area agreements, assurances to the County of Suffolk, license and/or dredging permit applications to Federal and State Agencies and any and all other documents that may be required to accomplish said dredging work. Page 34 April 24, 2007 Southold Town Board Board Meeting Minutes ./ Vote Record - Resolution RES-ZOO7-419 Yes/Aye NOlNay Abstain Absent Ii'! Adopted Albert Krupski }r. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-420 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Rescind the Appointment of Susan Roache and Appoints Douglas Constant As a Member of the Historic Preservation Commission RESOLVED that the Town Board of the Town of South old hereby rescinds the appointment of Susan Roache (see resolution No. 2007-373) to the Historic Preservation Commission and appoints Doul!Ias Constant as a member of the Historic Preservation Commission, effective immediately through March 31, 20 II. ./ Vote Record - Resolution RES-2007-420 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 Seconder Ii'! 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-421 CATEGORY: DEPARTMENT: Advertise Town Clerk Grant Permission to the Southo/d Town Tree Committee to Place a Display Ad In the Suffolk Times to Promote the Memorial Tree Program RESOLVED that the Town Board of the Town of Southold hereby grants permission to the South old Town Tree Committee to place a full pal!e displav ad in the Suffolk Times to promote the Memorial Tree Prol!ram; costs to be a legal charge to the Tree Committee's 2007 budget (A.8560.4.400.200) Page 35 April 24, 2007 Southold Town Board Board Meeting Minutes .t' Vote Retord - Resolution RES.2007421 yes/Aye NolNay Abstain Absent Iil Adopted Albert Krupski Jr. Initiator Iil 0 0 0 0 Adopted as Amended William P. Edwards Seconder Iil 0 0 0 0 Defeated Daniel C. Ross Voter Iil 0 0 0 0 Tabled Thomas H. Wickham Voter Iil 0 0 0 0 Withdrawn Louisa P. Evans Voter Iil 0 0 0 Scott Russell Voter Iil 0 0 0 2007-422 CATEGORY: DEPARTMENT: Attend Seminar Town Clerk Donald Sileo to Attend the Peace Officer Training RESOLVED that the Town Board of the Town of Southold e:rants permission to Donald Sileo to attend the Peace Officer Trainine: offered by the County of Suffolk and certified by the Municipal Peace Officer Training Board ofthe NYS Division of Criminal Justice Services from April 30 through May 18,2007, any expenses for registration and travel to be a charge to the Meetings and Seminars line of the Justice Court budget. ~ Vote Record - Resolution RES-2007-422 yesjAye No/Nay Abstain Absent Iil Adopted A1~e("t~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 2007-423 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Clerk Retain L.K McLean Associates to Perform a SEQRA Review on the Proposed Local Law Entitled "A Local Law In Relation to a Transfer Station" RESOLVED that the Town Board of the Town of South old hereby retains L.K. McLean Associates to perform a SEORA review on the proposed Local law entitled "A Local Law in relation to a Transfer Station" in the Town of South old, subject to the approval of the Town Attorney. Page 36 April 24, 2007 Southold Town Board Board Meeting Minutes ./ Vote Record - Resolution RES-2007~423 Y~s/r\ye No~ay Abstain Absent Ii!! Adopted Albert Krupski Jr. Voter Ii!! 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii'! 0 0 0 0 Defeated Daniel C. Ross Initiator Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii!! 0 0 0 Scott Russell Voter Ii!! 0 0 0 2007-424 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Clerk Set May 22. 2007 At 4:45 PMfor a Public Hearingfor a Local Law In Relation to a Transfer Station WHEREAS there has been presented to the Town Board of the Town of South old, Suffolk County, New York on the 24th day of April, 2007, a Local Law entitled "A Local Law in Relation to a Transfer Station", now, therefore, be it RESOL YED 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 22nd day of May, 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 a Transfer Station", which reads as follows: Local Law No. of2007 Section I. Purpose. In order to promote the health, safety and welfare of the citizens of the Town of Southold, the Town Board finds it necessary to provide for a Transfer Station use in the zoning code to facilitate the proper and efficient handling and transfer of municipal solid waste (MSW) and construction debris (C&D) material. The Town Board finds it appropriate to limit such use to the LIO Zoning District, subject to strict requirements, pursuant to a special permit issued by the Town Board, and site plan review by the Planning Board. Section 2. Code Amendment. Chapter 280 of the Code of the Town of South old is hereby amended as follows: S 280-58. Use regulations. In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: Page 37 April 24, 2007 Southold Town Board Board Meeting Minutes D. A Transfer Station may be permitted, subiect to special permit obtained from the Town Board pursuant to Section 233-6 the Town Code. The Transfer Station shall also be subiect to site plan approval bv the Planning Board based on the following criteria and requirements: (I) The plan shall include the precise location of all buildings, structures, emplovee and truck parking, loading, unloading, and traffic areas, internal circulation, container storage areas, storage areas for recycling, and any other information deemed pertinent to an adequate review of the proposal. (2) A minimum lot area of 120,000 square feet and the right to require a greater lot area. Such requirement shall be based on the scale of operation as measured bv the size of the buildings proposed for the site, the volume of solid waste handled on a dailv basis, and the requirements for vehicle parking and movement. or a finding that the operation cannot be adequatelv screened from adioining property. (3) A minimum distance off our hundred (400) feet from a property zoned for residential use measured from the two closest points of parcel boundary, or located within six hundred (600) feet of an existing residential structure measured from the closest point of the residential structure to the parcel boundarv. (4) Submission of a route plan to indicate that traffic generated bv the facilitv will have a minimal impact on residential streets. (5) Provision of adequate lanes for vehicles entering the facilitv. (6) All sorting, baling, processing, crushing, and similar intensive activity associated with the facilitv, including the storage of all containers containing recvclable and waste material shall be contained inside a completelv enclosed building with an impervious floor surface. (7) Outdoor use of the property shall be restricted to the parking and maneuvering of vehicles, washing of vehicles, scales necessary for the operation of the transfer station, and the storage of empty containers. (8) The storage of said empty containers shall be restricted to locations specifically identified on the site plan. This equipment shall be located and screened in such a manner so as to not be visible from the street of from adioining properties. (9) On-street parking of vehicles, containers. or any other equipment or materials in any way connected with the facilitv shall be prohibited. (10) Where feasible. truck loading and unloading areas shall not face the street. (11) All toxic and hazardous materials shall be prohibited. (12) The maximum height of the facilitv shall not exceed thirty five (35) feet. (13) A minimum oftwentv (20) feet oflandscaping, including street trees shall be planted and maintained along all street frontages. (14) A six foot high black chain link fence with stockade attached shall be installed and maintained behind said landscaped areas. (15) Hours of operation shall be demonstrated bv the applicant to be limited to minimize impact on surrounding properties. S 280-60. Front yard setbacks. C. A project shall be divided into separate structures so that no single structure shall have more than 60 linear feet of frontage on one street, except that this requirement shall not applv to Page 38 April 24, 2007 Southold Town Board Board Meeting Minutes a transfer station. The setbacks of multiple structures on a parcel may vary, provided that the average setback of the structures meets the setback required above and all buildings are at least 75 feet from the right-of-way. Section 3. Code Amendment. Chapter 233 Solid Waste of the Code of the Town of Southold is hereby amended as follows: g 233-1. Definitions. Words and terms used in this article shall have the following meanings: TRANSFER STATION. TOWN -- The disposal area owned and operated by the Town of Southold located north of County Route 48 at Cutchogue, New York. TRANSFER STATION. PRIVATE - Anv combination of structures. machinerv and facilities used for off-loading solid waste from collection vehicles. the recoverv ofrecvclables from said solid waste. and/or the reloading of nonrecvclable solid waste into vehicles for disposal. & 233-6 Transfer Station Special Permit. A. A permit application shall be made on the form prescribed bv the Town Clerk and accompanied bv a fee of $250.00. A permit issued pursuant to this section is not transferable and shall run for the same duration as a permit for the same transfer station issued bv the New York State Department of Environmental Conservation. B. No permit shall be granted unless the applicant can produce a valid transfer station operating permit issued bv the New York State Department of Environmental Conservation for the proposed site and further demonstrate that the proposed transfer station is consistent with the Town's Solid Waste Management Plan. The terms ofthe permit mav be reviewed by the Town Board from time to time to ensure that the operation is consistent with the Town of Southold Solid Waste Management Plan. C. The grant of a permit shall bind the applicant to provide the Town of Southold with the following information on an annual basis: (I) Gross tons of mixed solid waste and recyclables received. (2) Gross tons ofrecyclables removed from solid waste delivered. (3) Net tons ofnonrecyclable solid waste reloaded onto vehicles for disposal. (4) Aggregate tonnage of all mixed solid waste and recyclables delivered to the facility. and the origin. by Town. of such tonnage. D. Prior to the issuance of a permit for a transfer station. an application for site plan approval shall be reviewed by the Planning Board of the Town of Southold. The Planning Board shall assume Lead Agency for the purposes of the SEORA review and such review process shall be complete prior to the issuance of a permit under this section. Failure to comply with the terms of an approved site plan shall constitute grounds for immediate revocation of this permit. E. No permit shall issue until the applicant has submitted a route plan acceptable to the Town Board designed to indicate that traffic generated by the facility will haye a minimal impact on residential streets. Page 39 April 24, 2007 Southold Town Board Board Meeting Minutes F. The grant and acceptance of this permit shall constitute consent to allow inspection of the premises bv the Town of Southold for the purpose of ensuring compliance with the permit. Inspection shall be upon reasonable prior notice to the permit holder. G. All trucks entering the facilitv containing materials for transfer must be covered. H. An emergencv response plan acceptable to the Town Board shall be submitted. which mav be referred to local emergencv responders for comment and input. I. No permit shall issue until the Town Board has held a public hearing on the application. with at least ten davs notice provided to the public. 1. The Town Board mav approve. approve with conditions. or denv an application for a transfer station permit. The Town Board mav impose such conditions or safeguards on the issuance of the transfer station permit to ensure that the proposed operation shall not have an adverse effect on the environment. the character of the area or the general welfare ofthe Town. K. Nothing in this section shall exempt an applicant or facilitv from compliance with zoning or other requirements of the Town Code. S 233-6.1 Penalties for offenses S 233-+.!!.. Revocation of permit and/or license. Section 4. Severability. If an section or subsection, paragraph, clause, phrase or provision of this law shall be judge invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. Section 5. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. ./ Vote Record - Resolution RES-2007-424 Yes/Aye NolNay Abstain Absent Ii'I Adopted Albert Krupski Jr. Voter Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'I 0 0 0 0 Defeated Daniel C. Ross Voter Ii'I 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii'I 0 0 0 Scott Russell Voter Ii'I 0 0 0 38. Statement COUNCILMAN WICKHAM: Do we want to vote on this now? SUPERVISOR RUSSELL: That is a discussion for the Board. Is the Board ready to vote on this Page 40 April 24, 2007 Southold Town Board Board Meeting Minutes tonight or do you want to table it and give the opportunity to address some of Mr. Calabrese's concerns? The public hearing is done, we can vote in two weeks. I thought it, I thought the law had accounted for this but if it didn't, I certainly don't want to have people think that we are going to have windmills in their backyards. COUNCILMAN EDWARDS: I have a little bit of concern because in reviewing this in response to Mr. Calabrese's comments, I am not sure I see anything here where the Town has any control over siting and that could be an issue relative to a neighbors residence. And other than the fall zone... SUPERVISOR RUSSELL: Sure. Okay. We are going to table this, Mr. Calabrese and we will address those issues. Does that sound good? MR. CALABRESE: As long as, you know, let's be fair. You know (inaudible) SUPERVISOR RUSSELL: Well, that is what we will do, we will revisit it, sit down and take some of your concerns in play here and figure out how to put that into the law. 2007-425 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact a Local Law In Relation to Wind Energy Systems for Agricultural Uses WHEREAS, there had been presented to the Town Board ofthe Town of Southold, Suffolk County, New York, on the 13th day of March, 2007 a Local Law entitled "A Local Law in relation to Wind Ener2V Systems for Aericultural Uses" AND WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 24th day of April, 2007 at 4:45 p.m. at which time all interested persons were given an opportunity to be heard, NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of South old finds that this Local Law is CONSISTENT with the L WRP and be it further RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Wind Ener2V Systems for Aericultural Uses" that reads as follows: Page 41 April 24, 2007 Southold Town Board Board Meeting Minutes LOCAL LAW NO. of 2007 A Local Law entitled, "A Local Law in relation to Wind EnerlIT Systems for Ae:ricuItural Uses". BE IT ENACTED by the Town Board of the Town of South old as follows: II. 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. III. Chapter 280 ofthe Code ofthe Town of Southold is hereby amended, as follows: S 280- 4. Definitions. B. SMALL WIND ENERGY SYSTEM -- A wind energy conversion system consisting of a wind turbine (not to exceed 25 kilowatts of production). a tower. and associated control or conversion electronics, which has a rated capacity intended primarily to reduce on-site consumption of utility power. ARTICLE III Agricultural-Conservation (A-C) District and Residential R-80, R-120, R-200 and R-400 Districts S 280-13. Use Regulations. A. Permitted Uses. (5) Small wind energy systems on parcels greater than seven (7) acres in size, which parcels are dedicated primarily to uses necessary for bona fide agricultural production, and subiect to the standards provided in Chapter 277 of this Town Code. IV. follows: A new Chapter 277 ofthe Code of the Town of Southold is hereby adopted, as & 277-1. Definitions. SMALL WIND ENERGY SYSTEM -- A wind energy conversion system consisting of a wind turbine (not to exceed 25 kilowatts of production). a tower. and associated control or conversion electronics. which has a rated capacity intended primarily to reduce on-site consumption of utility power. Page 42 April 24, 2007 Southold Town Board Board Meeting Minutes TOWER HEIGHT - The height above grade of the fixed portion of a tower that is part of a small wind energy system. exclusive 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 bv 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 bv 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. d. Evidence that the proposed tower height does not exceed the height recommended bv the manufacturer or distributor of the system. e. A plot plan at l' = 100' scale depicting the limits of the fall zone distance from structures. property lines. public roads and proiected noise levels decibels (DBA) from the small wind energy system to nearest occupied dwellings. f. A line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to the Electric Code. g. Written evidence that the electric utilitv service provider that serves the proposed site has been informed of the applicant's intent to install an interconnected customer-owned electricitv generator. unless the applicant does not plan. and so states in the application. to connect the system to the electricitv grid. &277-3. Development standards. a. Tower Height. Tower height shall not exceed one-hundred twenty (120) feet. Page 43 April 24, 2007 Southold Town Board Board Meeting Minutes To prevent harmful wind turbulence to the small wind energv 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 provisions 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 the property line at least 300 (three hundred) feet.. 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 at least 300 (three hundred) feet. c. Noise. Small wind energy systems shall not exceed 60 DBA. as measured at the closest neighboring inhabited dwelling at the time of installation. The level. however, may be exceeded during short-term events such as utility outages and/or severe wind storms. d. Approved Wind Turbines. Small wind turbines must have been apProved under the small wind certification program recognized by the American Wind Energy Association and/or NYSERTA. e. Compliance with Uniform Building Code. Building permit applications for small wind energy systems shall be accompanied by standard drawings ofthe wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with the Uniform Building Code and certified by a licensed professional engineer shall also be submitted. This requirement may be satisfied by documentation presented by the manufacturer. f. Compliance with National Electric Code. Building permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code. This requirement may be satisfied by documentation supplied by the manufacturer. g. Compliance with FAA Regulations. Small wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports. The allowed height shall be reduced to comply with all applicable Page 44 April 24, 2007 Southold Town Board Board Meeting Minutes Federal Aviation Requirements. including Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the code of Federal Regulations regarding installations close to airports. h. Utilitv Notification. No small wind energv svstem shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement. &277-4. Construction standards. a. Exterior lighting on any structure associated with the system shall not be allowed except that which is specifically required by the Federal Aviation Administration. b. The system's tower and blades shall be a non-reflective. unobtrusive color that blends the system and its components into the surrounding landscape to the greatest extent possible and incorporate non-reflective surfaces to minimize any visual disruption. c. All on-site electrical wires associated with the system shall be installed underground except for "tie-ins" to a public utility company and public utility company transmission poles. towers and lines. d. The system shall be operated such that no disruptive electromagnetic interference is caused. If it has been demonstrated that a system is causing harmful interference. the system operator shall promptly mitigate the harmful interference or cease operation of the system. e. At least one sign shall be posted on the tower at a height of five feet warning of electrical shock or high voltage and harm from revolving machinery. f. No brand names. logo or advertising shall be placed or painted on the tower. rotor. generator or tail vane where it would be visible from the ground. except that a system or tower's manufacturer's logo may be displayed on a system generator housing in an unobtrusive manner. g. Towers shall be constructed to provide one of the following means of access control. or other appropriate method of access: 1. 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. Page 45 April 24, 2007 Southold Town Board Board Meeting Minutes h. Anchor points for any gUV wires for a system tower shall be located within the property that the system is located on and not on or across any above-ground electric transmission or distribution lines. The point of attachment for the gUV wires shall be sheathed in bright orange or yellow covering from three to eight feet above the ground. i. All small wind energy systems shall be equipped with manual and automatic over-speed controls. The conformance of rotor and over-speed control design and fabrication with good engineering practices shall be certified bv the manufacturer. &277-5. Fees. a. The Building Department fee for small wind energy system applications shall be $250.00. &277-6. Abandonment of Use. All small wind energy systems which are not used for twelve (12) successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner. Failure to abide bv and faithfully comply with this section or with any and all conditions that may be attached to the granting of any building permit shall constitute grounds for the revocation of the permit 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 Attornev shall have authority to enforce this Article. B. Anv person owning. controlling or managing any building. structure or land who shall undertake a wind energy conversion facility or wind monitoring tower in violation of this Article or in noncompliance with the terms and conditions of any permit issued pursuant to this Article. or any order of the enforcement officer. and any agent who shall assist in so doing. shall be guilty of an offense and subiect to a fine of not more than $1000.00 or to imprisonment for a period of not more than 30 thirty days. or subiect to both such fine and imprisonment. Everv such person shall be deemed guilty of a separate offense for each week such violation shall continue. The Town may institute a civil proceeding to collect civil penalties in the amount of $1000.00 for each violation and each week said violation continues shall be deemed a separate violation. C. In case of any violation or threatened violation of any of the provisions of this Article. including the terms and conditions imposed bv any permit issued pursuant to this Article. in addition to other remedies and penalties herein provided. the Town may institute anvappropriate 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. Page 46 April 24, 2007 Southold Town Board Board Meeting Minutes IV. SEVERABILITY. Should any provision of this Local Law be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this Local Law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. V. EFFECTIVE DATE. This Local Law shall be effective upon its filing with the Secretary of State in accordance with the Municipal Home Rule Law. ./ Vote Record - Resolution RE8-2007-425 yes/Aye NofNay Abstain Absent 0 Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 Ii'! Tabled Thomas R Wickham Voter Ii'! 0 0 0 0 Withdrawn Next: Jul 3. 2007 4:30 PM Louisa P. Evans Seconder Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-426 CATEGORY: DEPARTMENT: Legislation Town Clerk Transmit the Proposed Local Law Entitled "A Local Law In Relation to a Transfer Station " to the Southold Town Planning Board and the Suffolk County Department of Planningfor Their Recommendations and Reports. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in Relation to a Transfer Station" to the Southold Town Plan nine: Board and the Suffolk County Department of Plannine: for their recommendations and reports. ./ Vote Record - Resolution RES-2007426 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 VI. Public Hearine:s 1. Wind Energy LL PH COMMENTS - Current Meeting: This hearing was opened at 5:07 PM Page 47 April 24, 2007 Southold Town Board Board Meeting Minutes COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 13th day of March, 2007 a Local Law entitled "A Local Law in relation to Wind Ener2V Systems for Al!:ricultural Uses" AND NOTICE IS HEREBY FURTHER GIVEN 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 24th day of April, 2007 at 4:45 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Wind Ener2V Systems for Al!:ricultural Uses" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to Wind Ener2V Systems for Al!:ricultural Uses". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to provide for the health, safety and welfare of the citizens of the Town of South old, the Town Board ofthe 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: S 280- 4. Definitions. B. SMALL WIND ENERGY SYSTEM -- A wind energv conversion svstem consisting ofa wind turbine. a tower. and associated control or conversion electronics. which has a rated capacitv intended primarilv to reduce on-site consumption of utilitv power. ARTICLE III Agricultural-Conservation (A-C) District and Residential R-80, R-120, R-200 and R-400 Districts S 280-13. Use Regulations. A. Permitted Uses. (5) Small wind energv svstems on parcels greater than seven (7) acres in size. which parcels are dedicated primarilv to uses necessarY for bona fide agricultural production. and subiect to the Page 48 April 24, 2007 Southold Town Board Board Meeting Minutes standards provided 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 conversion system consisting of a wind turbine. a tower. and associated control or conversion electronics. which has a rated capacity intended primarilv to reduce on-site consumption of utility power. TOWER HEIGHT - The height above grade of the fixed portion of a tower that is part of a small wind energy system. exclusive 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 bv an agent. the name. address and telephone number ofthe 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 bv the property owner (i) confirming that the property owner is familiar with the proposed applications and (ij) authorizing the submission of the application. c. Address of each proposed tower site. including tax map section. block and lot number. d. Evidence that the proposed tower height does not exceed the height recommended bv the manufacturer or distributor ofthe 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 levels decibels (DBA) from the small wind energy system to nearest occupied dwellings. f. A line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to the Electric Code. Page 49 April 24, 2007 Southold Town Board Board Meeting Minutes g. Written evidence that the electric utility service provider that serves the proposed site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator. unless the applicant does not plan. and so states in the application. to connect the system to the electricitv grid. &277-3. Development standards. a. Tower Height. Tower height shall not exceed one-hundred twenty (120) feet. To prevent 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 above 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 provisions of the Bulk Schedule. the following standards shall applv to Small Wind Energv Systems: i. A small wind energy system shall be set back from a property line a distance no less than the total height of small wind energy system plus ten (10) feet. ii. No part ofthe 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 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 (1 00) feet. c. Noise. Small wind energy systems shall not exceed 60 DBA. as measured at the closest neighboring inhabited dwelling at the time of installation. The level. however. may be exceeded during short-term events such as utility outages and/or severe wind storms. d. Approved Wind Turbines. Small wind turbines must have been approved under the small wind certification program recognized bv the American Wind Energv Association and/or NYSERT A. e. Compliance with Uniform Building Code. Building permit applications for small wind energy systems shall be accompanied bv standard drawings of the wind turbine structure. including the tower. base. and footings. An engineering analvsis of the tower Page 50 April 24, 2007 Southold Town Board Board Meeting Minutes showing compliance with the Uniform Building Code and certified bv a licensed professional engineer shall also be submitted. This requirement may be satisfied bv documentation presented bv the manufacturer. f. Compliance with National Electric Code. Building permit applications for small wind energy systems shall be accompanied bv a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code. This requirement may be satisfied bv documentation supplied bv the manufacturer. g. Compliance with FAA Regulations. Small wind energy systems must comply with applicable FAA regulations. including any necessary approvals for installations close to airports. The allowed height shall be reduced to comply with all applicable F ederal Aviation Requirements. including Subpart B (commencing with Section 77 .11 ) of Part 77 of Title 14 ofthe code of Federal Regulations regarding installations close to airports. h. Utility Notification. No small wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement. &277-4. Construction standards. a. Exterior lighting on any structure associated with the system shall not be allowed except that which is specifically required bv the Federal Aviation Administration. b. The system's tower and blades shall be a non-reflective. unobtrusive color that blends the system and its components into the surrounding landscape to the greatest extent possible and incorporate non-reflective surfaces to minimize any visual disruption. c. All on-site electrical wires associated with the system shall be installed underground except for "tie-ins" to a public utili tv company and public utility company transmission poles. towers and lines. d. The system shall be operated such that no disruptive electromagnetic interference is caused. If it has been demonstrated that a system is causing harmful interference. the system operator shall promptly mitigate the harmful interference or cease operation of the system. e. At least one sign shall be posted on the tower at a height of five feet warning of electrical shock or high voltage and harm from revolving machinery. f. No brand names. logo or advertising shall be placed or painted on the tower. Page 51 April 24, 2007 Southold Town Board Board Meeting Minutes rotor, generator or tail vane where it would be visible from the ground, except that a system or tower's manufacturer's logo may be displayed on a system generator housing in an unobtrusive manner. g. Towers shall be constructed to provide one of the following means of access control, or other appropriate method of access: 1. Tower-climbing apparatus located no closer than 12 feet from the ground. 11. A locked anti-climb device installed on the tower. Hi. A locked, protective fence at least six feet in height that encloses the tower. h. Anchor points for any gUY wires for a system tower shall be located within the property that the system is located on and not on or across any above-ground electric transmission or distribution lines. The point of attachment for the gUY wires shall be sheathed in bright orange or yellow covering from three to eight feet above the ground. i. All small wind energy systems shall be equipped with manual and automatic over-speed controls. The conformance of rotor and over-speed control design and fabrication with good engineering practices shall be certified by the manufacturer. &277-5. Fees. a. Thc Building Department fee for small wind energy system applications shall be $250.00. &277-6. Abandonment of Use. All small wind energy systems which are not used for twelve (12) successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner. Failure to abide bv and faithfully complv with this section or with any and all conditions that may be attached to the granting of any building permit shall constitute grounds for the revocation of the permit 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 Attorney shall have authority to enforce this Article. B. Any person owning, controlling or managing any building, structure or land who shall undertake a wind energy conversion facility or wind monitoring tower in violation of this Article or in noncompliance with the terms and conditions of any permit issued pursuant to this Article, or any order ofthe enforcement officer, and any agent who shall assist in so doing, shall be Page 52 April 24, 2007 Southold Town Board Board Meeting Minutes 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. Every such person shall be deemed guiltv 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. We have a memorandum from the Chair of the Planning Board, "The Local Law in Relation to Wind Energy for Agricultural Use, the Planning Board supports the enactment of this proposed local law. Please advise if you have any questions." A memo from Mark Terry, the LWRP coordinator, dated today, "A Local Law in Relation to Wind Energy for Agricultural Uses, the proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of the L WRP. Based upon the information provided, it is my determination that the proposed action is consistent with the policy standards and therefore is consistent with the L WRP." I have a memo from the Suffolk County Planning Department, Dear Mrs. Neville, Pursuant to the requirements of the Suffolk County Administrative code, this application, which has been submitted to the County Planning Commission is considered to be a matter of local determination, as there is no apparent significant countywide or inter-community impact." I have a note here that it has appeared on the Town Clerk's bulletin board outside and it has appeared as a legal in the local newspaper. And those are the only comments that are in the file. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on the issue of this proposed legislation? Nick? NICK TSOUNIS: Nicholas Tsounis, Mattituck, New York. I would just like to say that I think it is a great idea to find some uses of wind power for the Town even if it is agricultural uses, it is start. I definitely think it is a good start, hopefully it can be expanded someday for other uses too, someday. But this is a good start. Thank you. Page 53 April 24, 2007 Southold Town Board Board Meeting Minutes SUPERVISOR RUSSELL: Thank you, Nick. Would anybody else like to come up and address the Town Board? JOHN CALABRESE: John Calabrese, Cutchogue. First of all, I find it outrageous that we are pursuing this. I can't believe that we are thinking of putting a 120 foot structure, which is 12 story, is that to the hub or to the end of the blade? Because if it is not to the end of the blade, we add another 20 feet. We are planning to make 120 foot structure that is only going to be 10 feet away from my property and the length of the thing. You know, I live, where I live I got preserved land behind me, the guy can put up, 10 feet away from 120 feet plus 10 that is 130 feet. I am going to have a structure 130 feet in the back of my house and somehow, this is okay? SUPERVISOR RUSSELL: I am not sure you have an understanding, the set off or the setbacks on this law would require one or one and a halftimes the height of this structure. So nobody can put a structure 10 feet off your property line. MR. CALABRESE: So 110 feet plus 10, that is what I said. The length of the structure plus 10 feet. So ifit is 120 feet, 130 feet away from my house, my property line, I am going to have this 12 story thing in the back of my house. This is point number one. Point number two, according to the federal wind speeds charts we are in a (inaudible) we are number one. Meaning there is no way whatsoever here they can turn a turbine to begin with. The mean speed is 5.5, this is the bare minimum and if you put up a wind structure like that there is no, it doesn't do anything. It is never going to spin. I mean, I don't know. In Orient there was a big to-do about putting up a wireless tower, a big to-do last year I remember, with the Suffolk Times, all over. Everybody is complaining that you are going to have this structure. Now we planning to put a 120 feet, 12 story high structure and somehow it seems okay. You know, we are going to save a little bit of electricity. I don't think it is worth it. Okay, if you were saving (inaudible) amount of electricity, I would go along with it but it is nothing. There is nothing there. I mean, I don't know, I mean are we trying to do (inaudible) that somehow we are responsible as individual homeowners for this energy crisis? I mean, look around. There is a theory that we have, what do you call, light pollution. That at night, in other words, the boats can't know where they are going because there is too much light. You mean to tell me that if somebody goes into space and looks at my house, my house is going to shine up? Somebody could see it? Or for you, too, Mr. Scott Russell. Do you think somebody could see your house from outer space? SUPERVISOR RUSSELL: I don't think birds fly that high, so I am not sure I understand the analogy. MR. CALABRESE: The analogy is that we are trying..... SUPERVISOR RUSSELL: The issue of light pollution at night is fundamentally different than the idea of and I don't think that anyone is suggesting that homeowners are responsible for the energy crisis but the sad reality is if we want to look for solutions for the energy crisis, then the homeowners will be assuming that responsibility as we go forward. We were very careful in site selection here, we have used criteria that would only apply to bona fide ag operations, it requires Page 54 April 24, 2007 Southold Town Board Board Meeting Minutes substantial lot size, it is not like there is going to be a pell-mell rush in Southold Town to put windmills up. Also, regarding the height of this structure height of this structure, none of the structures that I have viewed are as high as the spine that carries electric to your home that is installed by KeySpan, formerly LlLCO, that runs right along the spine of Southold Town. Not one structure that would be permitted under that law exceeds the height of any of those towers, high profile towers. MR. CALABRESE: You know, be as it may, but the thing is (inaudible) we are trying to do something for the environment, we want to save electricity. I mean, if you want to save electricity, if you really want it, if the Southold Town really wants it, why don't we do something drastic? Why don't we take, for instance an example, Mr. Wickham. He is closed on Sunday. Why don't we stay closed on Sunday? That might be too drastic. How about if the stores, for instance, they are open until 10:00 at night, why don't say instead of 10:00, everybody has to close at 9:30. I mean, now you have something meaningful. We actually are saving electricity. But to put 120 feet in the back of my house, so you can save a little bit of electricity. ... SUPERVISOR RUSSELL: Who is going to, is there a specific application? 1 am not aware of any application to have someone put a windmill in the back of your house. MR. CALABRESE: Well, the possibility is there. Of course, nobody is going to put it but the policy is there. First of all, I think 10 feet, the height plus 10 feet is ludicrous. I mean, if you want to do it, put it in the middle of the seven acres. Why should it be in the back of my house? Or in the back of anybody's house that is close to a farm. You want to do it, great, you know, put it in the middle of the seven acres. Then are we limited to one structure for seven acres or do you need seven to have one and if you have 14 acres you could have two? If you have 14 acres you could have two? SUPERVISOR RUSSELL: No. The criteria was for one generation system. The minimum standard was you need at least seven acres to qualify, to even apply for it. It is not that for every seven acres you get, you get a windmill. You don't even get in the front door unless you have at least seven acres of active agricultural operation. MR. CALABRESE: Still, you know, if you do the numbers to what you will be saving, maybe a couple of hundred dollars a year of electricity. SUPERVISOR RUSSELL: It is merely an option for the farmers, if that is the case then they are not going to be rushing to put these up. But the reality is, all we are trying to do is provide the opportunity and those options, so people, can (inaudible). I am not the bookkeeper or the accountant of agricultural operation but if an agricultural operation thinks that this is a way that they can save money and reduce their overhead and stay in business, then I simply want to provide for them that opportunity. And I will leave it to them and their accountants if this is the investment that they want to make. But I have agricultural operations. . . MR. CALABRESE: You are going to vote for this and we are going to be stuck with this for, you know, with this law on the books. And once we have the law, somebody is going to take advantage of it. I mean, nobody is going to take advantage of it now because there is no rebates Page 55 April 24, 2007 Southold Town Board Board Meeting Minutes from LIP A. Once LIP A makes rebates available, then of course, somebody is going to do it. I mean, right now. . . SUPERVISOR RUSSELL: I just, I don't mean to belabor this but is your opposition to the general notion of alternative energy sources or the specific site issues that concern you, such as the location near you? Because if it a general alternative energy concept, than I can't offer any discussion on that but if you have site issues, I would love to sit down and talk to you about it. MR. CALABRESE: I think it is crazy that, I mean, that somebody could put up a 12 story thing; not my house, anybody. If you leave near, you know, an agricultural site, it is like, right there. I mean, if your house happens to be right there, you are going to be there. I mean, this thing is going to be in the back of your house. Whether it makes noise or it doesn't make noise, I don't know but you know something? I think the Town should rethink this. . . SUPERVISOR RUSSELL: Rethink the entirety or rethink site issues? In other words, siteing? Make sure that the location issues are addressed? MR. CALABRESE: No, I think why should we have this? I mean, we are not saving that much money. SUPERVISOR RUSSELL: It is not an issue about money it is an issue about doing the responsible thing and looking for alternative energy sources. And let me remind you... MR. CALABRESE: Okay, the responsible thing... SUPERVISOR RUSSELL: Let me remind you that we have an obligation, I have an obligation to future generations to look for alternative energy sources. That is the generation before me that didn't bother doing that. They were the ones that were living off American oil that was the biggest producer up until about the 1960's. It was that generation that didn't have the foresight to address alternative energy issues and made me and now my children at 6 and 3 dependent on hostile regions to produce 63% of the oil that we are consuming. I don't think it is unreasonable or unfair for the Town to say, you know what? Let's take the lead in finding alternative energy sources. This is not subsidized by the Town taxpayers, it is not at cost to the taxpayers, it simply allows the homeowner to say, you know, I want to look at my options, I want to look at the future and I want to decide what is best for me, what is best for my community and what is best for my society. MR. CALABRESE: You know, I think we, in other words, the thing for me is that we tie into this somehow money, let's say for instance, we talk about solar energy, that we are saving with solar energy. According to LILCO, I don't know about anything, according to LILCO if you put in a 10KW system, it will cost you $80,000. SUPERVISOR RUSSELL: Right. MR. CALABRESE: The homeowner is going to cost $36,000. Where does the other $44,000 Page 56 April 24, 2007 Southold Town Board Board Meeting Minutes materialize from? And according to them, we are only saving 12,000 watts. Which is basically $800 about $900 a year. For us to save $900, we have to spend $44,000. Okay, maybe it is not coming out of your pocket, it is coming out of all of us pocket. I mean, okay, if the guy wants to put in a solar system, well, let him. If he wants to be so altruistic but let him use his money to do it. I mean, why do we have to put up $47,000 for him to have this thing on his house. Ifhe was saving a tremendous amount of energy, I say, wow, that is fantastic, I would do it myself. But he is not saving anything. The saving according to LILCO is $800. That is it. After you spend $80,000. The money has to materialize from somewhere. COUNCILMAN KRUPSKI: The investment in that kind of infrastructure is expensive but the investment that we are spending all over the world to try to find oil is very expensive also. SUPERVISOR RUSSELL: And we are running out of... MR. CALABRESE: But the thing is, maybe like I said, you should think about some other way. In other words, if Southold really wanted to try to come up with something different, like I said, why don't we shut down the stores before 9? SUPERVISOR RUSSELL: Okay. Those are different issues. You are talking about finding the creation of electric to begin with and then the consumption of electric, which is a separate issue and we are putting a focus on how to reduce consumption over the next few months. We will be bringing seminars, green building seminars and t he like to the public. But you really need to understand that consumption is one issue, the sheer and practical production of electric is something else. I don't think we can live in a culture that doesn't need electric, the fact is that we have to look at alternative sources of that electric production. And you are saying, well, why should, you know, who will pay for this? I don't know, why should my daughter be left paying $100 or $150 or probably $300 a barrel a few years from now because I didn't have the foresight to address the issue today? MR. CALABRESE: Okay. But what I am saying is fine, you know, we should find a different way of making energy but not just to put up a windmill because this is no electricity whatsoever. I mean, that is like, I don't know... SUPERVISOR RUSSELL: I have got study after study that says that is probably not the case. But again, I will leave it to the accountants and the farmers to evaluate the impact. But I do want to say and I don't want to seem passionate about it but I don't want to repeat the mistakes from my parents. I want to have enough foresight to address the issue for the future. And I don't mean any disrespect to my parents but they lived in a very comfortable age and that age is over. Regarding oil. MR. CALABRESE: Let's hope not. SUPERVISOR RUSSELL: Oh, it is. Read the papers. I am sorry. That scary looking guy with the tattoos? By the way, he is on our Energy Committee. He is our wind professional. Page 57 April 24, 2007 Southold Town Board Board Meeting Minutes ROY RAKOBITSCH: Roy Rakobitsch, I sit on the Southold Town Energy Committee with Marie and Anthony and a bunch of other really knowledgeable people. I just wanted to speak in response to this gentleman's idea that wind doesn't produce a lot of electricity. The map that he is looking at states 5.0 to 5.5 meters per second. The conversion to miles per hour is roughly between II and 12.5 miles per hour and the amount of power that can be generated at heights around 100 to 120 feet or depending on the size of the turbine, more than enough to help out with saving thousands of dollars of electricity a year. I mean, there are calculations that were done, we really spent a lot of time going over this, looking at it from many different aspects. There has been a lot of people involved, bringing a lot of knowledge, you know, to the forefront in trying to write a very detailed code that is not only friendly toward the Town but really encouraging people to not do this but to look at different alternatives, maybe this fits certain sites, maybe this can help out agricultural operations, maybe it won't. The 120 foot limit was really set as a minimum, if the blades were longer than 120 including the tower, everything would obviously go for a board of review anyway. So you guys obviously have the final word in anything. SUPERVISOR RUSSELL: Right. MR. RAKOBITSCH: So that is obviously was stated in the first thing. SUPERVISOR RUSSELL: Thank you very much. And you know, I have to tell you, I plugged you guys quite a bit but I am very proud to be part of that Committee. You guys, the amount of work and commitment you have shown to the Alternative Energy efforts is gratifying, to say the least. Would anybody else like to address the Town Board on this issue? Marie? MARIE DOMINICI: Marie Dominici, Mattituck. In regards to Mr. Calabrese's concern about the 120 feet and his concerns about that, I think maybe to allay some of his fears, the wind tower would be placed closest to the connection to electricity, so if indeed his property butts up against a farm, the connectivity for the electricity might be on the far end of that farm. So let's say that might be an acre or two of space, so unless you determine site specifically where the connectivity is for the electricity versus where that wind turbine is going to stand, it is going to be a site by site observation and decision on how that is going to play out. And if I can just make one comment about solar, am I allowed to do that? SUPERVISOR RUSSELL: Please. MS. DOMINICI: Back in 1999 Governor Pataki gave a bazillion dollars, I don't have the number, but it was a huge number, to LIPA to start to raise interest in solar power. In 1999, not a lot of interest was raised by the general public and so the money was just kind of sitting there in big pots, waiting for somebody to take advantage of that. I would say around 2000, 2001, the interest started to grow. By 2003 there were 250 solar homeowners on Long Island, that includes Nassau and Suffolk county. Actually, right now as I speak to you, there are over 800 solar users. I will use my house as an example. I have a 4500 watt system, the cost was $36,000. LIPA gave me $22,500; I have a state tax credit of $3,250. My out of pocket was $10,250. My payback is 6 Yz years, and that was before oil went out of reality. So the point I am trying to make is, that the money that you outlay for the solar if found money from LIP A. It doesn't come Page 58 April 24, 2007 Southold Town Board Board Meeting Minutes out of a taxpayers pocket, it costs us nothing. You should know that my last electric bill was $20.32. You should also know that the Mattituck-Cutchogue School District is now looking into putting solar onto the two schools, the High School and the Elementary School. It will cost the taxpayers of this community absolutely nothing to put this on the school districts roofs. You should also know that Mattituck-Cutchogue last year spent $350,000 on electricity. So if the solar panels can help defray the cost of that electricity, that saves the taxpayers having to fund that bucket of money. So, I could evangelize further, I chose not to and thank you for your time. SUPERVISOR RUSSELL: Thank you, Marie. Again, if the issue with Mr. Calabrese is the alternative energy, I can't argue. I can't, I have nothing to offer him. But if it is siting issues or location issues, those are the things that we could talk about. Well, those are things that we could talk about but when we did this if you understand the wind technology and the costs involved, they are going to have to be located near the base of operation to begin with. So if you are a nursery, greenhouse, container stock operation, the windmill is going to be on site, near the structures. It is just from an investment point of view, couldn't put it randomly out in a field. MR. CALABRESE: (Inaudible) you know, the proposed law, is that actually spelled out? SUPERVISOR RUSSELL: No but there is a siting and, there is a review requirement for the application. Nobody can just come in and get a building permit for this. You still have to go through a review process, that still at the end of the day allows the Town to tell you to locate it away from Mr. Calabrese's property because it is too close and put it here. We left that review component in, so I understand your concerns but you know, a few years ago, LIPA was proposing redoing all the high tension wires, the whole spine along the whole North Fork and I don't remember you or anybody else coming up and saying, hey, that is not right, we shouldn't have to look at these things. But there is people there that do. That is the fundamental equation that gets made.... MR. CALABRESE: Well, when there is something interesting, then you come up and talk about it. You know. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this issue? (No response) Hearing none, can I get a motion to close? TOWN ATTORNEY FINNEGAN: Can I just make two comments on this? The first one is that the, it refers to being an AC, R-80, 120, 200 & 400. The R-40 refers to the same uses, so as is it would go in R-40 also. That is the intention. I just want to make everybody understands that. SUPERVISOR RUSSELL: They would still have the underlying requirement of being a bona fide agricultural operation of at least seven acres. That is probably only one or two farms that I can think of that are R-40 that way. TOWN ATTORNEY FINNEGAN: And then the other thing is that it refers to that the property has to be in agricultural production. There is no agricultural production definition in the zoning code, there is one in Chapter 70, which is agricultural lands preservation. We can add that ag Page 59 April 24, 2007 Southold Town Board Board Meeting Minutes production definition to the zoning code. There is some work on definitions but that is the one that we have now that we are working with, so we can put that into the zoning code for the time being and work with the definitions later. But that would be part of the local law then, to add the definition. COUNCILMAN WICKHAM: Of bona fide agricultural production? TOWN ATTORNEY FINNEGAN: Right. Because there is not one there now, so we can put in the one we have. SUPERVISOR RUSSELL: Okay. Is that acceptable? Did we close the hearing? This hearing was closed at 5:30 PM RESULT: CLOSED [UNANIMOUS) MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell 2. Statement SUPERVISOR RUSSELL: With that being done, would anybody like to come before the Town Board and address us on any issue of mutual interest? Mrs. Egan. MS. EGAN: Joan Egan, East Marion. Number one, water shortage. We have a problem throughout the world, there will be no good drinking water that I know of by 2025 and I think that is probably going to be moved up quicker. I enjoyed your disaster meeting. When is the next one? SUPERVISOR RUSSELL: We will probably go for about two weeks from now. you are on my mailing list, so you will know. MS. EGAN: Good. Good. The, it hasn't been mentioned in a long time, good old Zabby is gone. But for new people in Southold, in the whole Town, you can get a 10% discount on your television bill if you apply for it. You have to go up there, you have to bring whatever. Don't try to call, it doesn't work but you get 10% off. So, now.... SUPERVISOR RUSSELL: That is for people who are 65 and over and based on an income, if I am not mistaken. MS. EGAN: I forget, senior citizens. SUPERVISOR RUSSELL: Yes, it was part of the franchise agreement that we signed before I became Supervisor. If you are 65 or over and meet certain income criteria. MS. EGAN: It is a good deal. And 10% to seniors these days, with gasoline prices, by mid- May, it will probably be $4 a gallon. I don't doubt it. Now, again, I have been doing better on the cell phones, getting people without using my horn, my pastor gave me a new police whistle Page 60 April 24, 2007 Southold Town Board Board Meeting Minutes and let me tell you, I have killed at least three calls. So, let's hope people stop using the cell phones, it is unreal, the accidents that are being caused. Certainly in light of the events that have happened within the last month, within the last week here, if people don't take the opportunity to call the child protection agency when they see a problem, tell a, notify a police officer if they see something erratic. They are not going to do a big investigation but you have done your duty. And if you can't notify the police, go to the school if you think it is a child in any school. Or go to the church that you think the child might be associated with. But don't just say, let somebody else do it. Because this is where you get what happened down there in Virginia. So, I think that is it and I will see if my pastor can get other people whistles to stop this cell phone crap. Bye bye. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on any issue? Eugene Berger? EUGENE BERGER: Eugene Berger, Cutchogue. I wanted to thank you guys for all of your effort on the dredging issue this morning. I don't know if you have discussed it already tonight or if you haven't. I was just wondering if amongst yourself you have discussed a possible game plan for dealing with the permit aspect. Especially after the new windows that we are going to have to deal with and the fact that we can't rely on the county. SUPERVISOR RUSSELL: We are, that is a long term issue regarding dredging. Right now, the current emergency is to get those two channels done quickly. MR. BERGER: True but September is coming up quick. SUPERVISOR RUSSELL: Yeah. Well... MR. BERGER: September is going to be our new window. SUPERVISOR RUSSELL: The East End supervisors are meeting probably in another week or two to discuss that task force that is going to address the issue of dredging and I think obviously the Town Board is going to have to take it up as soon as I have some information to give them out of that meeting, with regard to.... MR. BERGER: I would like to see the Town Board a little more involved in this, particularly right now with the immediate issue. We need someone to file the emergency permit, at least give us a shot at it. SUPERVISOR RUSSELL: That is what I want to know. From what I understand, technically there is no emergency permit applied for. And I don't, you know, I am going to get on the phone tomorrow. That was news for me today, when I discussed that with Mr. Hamilton. Also, I want to look at those options, the clamshell and some of the other things, so I was hoping Albert would help me. MR. BERGER: And that is what I would like, too. Albert, he knows a lot of stuff about this already from his previous... Page 61 April 24, 2007 Southold Town Board Board Meeting Minutes SUPERVISOR RUSSELL: He has been very generous with his time. MR. BERGER: Right. The other thing we need to ask the DEC is what type of dredge they would prefer. Because what I got out of the meeting today that they didn't like this hydraulic dredge that the county has been using, so we need to know A, what type of dredge they are going to allow us to use and then we need to get our own people on board to handle the permits. SUPERVISOR RUSSELL: That is the purpose.... MR. BERGER: Albert, maybe if you could help us with this emergency permit? COUNCILMAN KRUPSKI: I think it is important. SUPERVISOR RUSSELL: Yes. The first course is to sit down with Mr. Hamilton, again, shortly. Within a day or two and say, what does the permit need to say? In other words, I think you have to reflect what type of dredging you are doing in the permit and get the permit in there and get the permit in there in the most favorable light to them to get it passed. If we have to go with the traditional, you know, the traditional digging, the excavating, rather than the hydraulic, whatever we need to do but they are not telling me how to do it, they are just telling me, well, you can't do it that way. MR. BERGER: Okay. Thanks. SUPERVISOR RUSSELL: Thanks, Eugene. Would anybody else like to address the Town Board on any issue? (No response) Hearing none, can I get a motion to close? 3. 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 5:32 PM. . . . . . !1'~_I~~ "IL.. Elizabeth A. Neville 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 62