Loading...
HomeMy WebLinkAboutTB-05/22/2007 ELIZABETH A. NEVILLE TOWN CLERK Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765.6145 Telephone: (631) 765 .1800 southoldtown.northfork.net REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES May 22, 2007 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, May 22, 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 Organization Title Status Arrived Albert Krupski Jr. Town of Southold Councilman Present William P. Edwards Town of Southold Councilman Present Daniel C. Ross Town of Southold Councilman Present Thomas H. Wickham Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice Present Scott Russell Town of South old Supervisor Present Elizabeth A. Neville Town of Southold Town Clerk Present Patricia A Finnegan Town of South old Town Attornev Present I. Reports 1. Justice Price April 2007 2. Island Group Claim Lag Report 5/1/06 . 4/30/07 3. Justice Evans April 2007 4. Town Clerk April 2007 Page I May 22, 2007 Southold Town Board Board Meeting Minutes 5. North Fork Animal Welfare League December 31,2006 Financial Statements 6. Board of Town Trustees April 2007 7. Justice Bruer April 2007 II. Public Notices 1. Liquor License Renewal with NYS Liquor Authority Michelangelo of Eastport, Inc., 31455 Main Road, Cutchogue 2. NYS Liquor Authority Application for an On-Premises liquor license was submitted by End of the Line LLC d/b/a Antares Cafe, 2350 Manhasset Avenue, Greenport NY 3. Liquor License Renewal with NYS Liquor Authority The Piping Plover Cafe, 53345 Main Road, Southold 4. Application to NYS Liquor Authority for Farm Winery License Four Crows, Inc. (Croteau), 1450 South Harbor, Southold III. Communications IV. Discussion 1. 9:00 AM - Joseph Townsend Homeowners' insurance crisis 2. 9:30 AM - Henry Flinter, Gunther Geiss Police Advisory Committee - Request for Replacement Officers 3. 10:00 AM - Mark Terry Grant Opportunities/Grant Writer 4. 10:30 AM - Leslie Weisman & Southold Stakeholders Recommended Property Acquistions 5. 11:00 AM - Jamie Richter Animal Shelter Bids Page 2 May 22, 2007 Southold Town Board Board Meeting Minutes 6. 11:30 AM - Phillip Beltz Housing Implementation Plan Adjustment of home sales price/rental for 2007 Affordable housing legislation changes 7. 12:00 Noon - Peter Harris, Neb Brashich County Funding for Road Improvements 8. Amendments to the Code Re Signage 9. Transportation Commission's Recommendation Home Rule Request for creation ofthe Peconic Bay Transportation Council 10. Dredge Committee Proposal- Per Councilman Ross 11. 12:30 PM - Executive Session - Melissa Spiro Property Acquisition 12. 1:00 PM - Executive Session - Karen McLaughlin Personnel 13. Executive Session Litigation (Pisa-Relli) 14. Executive Session Eminent Domain 15. Planning Director Ollenin!!: Comments 16. Statement SUPERVISOR RUSSELL: Please rise and join with 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? Let me just, on the issue of wind technology, John, you are welcome to come up if you like. Actually we have tabled that so there won't be any action on the wind technology. If that still appears on the agenda, that is my mistake. That should have been withdrawn from tonight's meeting. I am just going to ask people to stick to the agenda and then we will have people come up after to speak on any issue. Mrs. Egan? JOAN EGAN: Let him go, I am not ready. SUPERVISOR RUSSELL: Well, technically it is not on the agenda, if you can bear with us to Page 3 May 22, 2007 Southold Town Board Board Meeting Minutes come at the end. MS. EGAN: Would you rather do it now? SUPERVISOR RUSSELL: Well, what we do in the beginning of the meeting is we keep the public comments specific to the agenda. MS. EGAN: Okay. Joan Egan, Knoll Circle, East Marion. Good afternoon. And of course, the police reports were reviewed by somebody up there, I would hope. Did you hear about the, all the money they made yesterday? 48 seatbelts. Be careful. Oh, item 471, what was that all about? SUPERVISOR RUSSELL: The East-West fire district is the budget that maintains fire protection in the part of Greenport that is not in the Village and that is a contractual obligation between the Town, we pay the Village each year to provide fire service for that area. This is just a very minor budget modification, as part ofthat district financing. MS. EGAN: Okay. Now, item 472, the only reason I mention that, that is Fishers Island and that is fine. Now I notice you have all the picnic benches out here which I had thought the Highway Department prepared but I understand it was Public Works and I told Mr. McMahon, of course at the police department he hasn't done anything about flowers there, it is a disgrace but those kind of benches, I don't know how long they will last but they are not made properly because the bench should be separated from the table. I know it transports better and easier that way but they don't last as long and they don't serve as well as they should. I speak with experience. So in the future, tell Mr. McMahon to get it done properly. I see on item 477, that is the Solid Waste Management district, I guess there is a public hearing or there is a great deal about them today. Is that on the public hearing? SUPERVISOR RUSSELL: 477? MS. EGAN: Well, the.... SUPERVISOR RUSSELL: 477 is about going out for bid for the supply of garbage bags for the next year. MS. EGAN: Yeah, I know that but isn't there something big about them... SUPERVISOR RUSSELL: Oh, the public hearing you are talking about? No, that is establishing a permitting procedure for a private transfer station. That is not about ours. MS. EGAN: Oh. Okay. I thought Mr. Carlin would be here today. He should be here celebrating. I hope somebody has called him. I called him earlier and asked him if he was coming. Oh, item 480. I saw the Chief here this morning and I told him now these are all, now these officers, have they been trained? 480? They work the parks and the beaches. Page 4 May 22, 2007 Southold Town Board Board Meeting Minutes SUPERVISOR RUSSELL: All of these individuals have either been trained or in the process of being trained. This is a requirement when they take the position. MS. EGAN: Yeah. Now they work the parks, they do more than just traffic, right? SUPERVISOR RUSSELL: Absolutely. You see them all over the place. MS. EGAN: Yeah. Good, good. And as I said to the Chief, I tell you people up here, you know all these little bits of money that you spend for the little trips here and the little trips there, you know, the way our Town has gone, we really need more protection by the police on the roads and on the water. So, you have got to start conserving the money and putting it where it really belongs. Oh, item 482, we are going to have a public hearing on the purchase of that other recreation center? SUPERVISOR RUSSELL: It is an informal public expression of support or opposition to the purchase of the Peconic School for the use as a community center. MS. EGAN: Yeah. When was that? June something? SUPERVISOR RUSSELL: No, it is next Tuesday. It is an off night, it is not during the regular Town Board meeting. It is going to be a special hearing. MS. EGAN: Next week is it? SUPERVISOR RUSSELL: Next Tuesday. MS. EGAN: Next weekend? SUPERVISOR RUSSELL: No, no. Next Tuesday, a week from tonight. mSTICE EVANS: The 29th. MS. EGAN: Oh, good. Oh, 485, now I thought that at the last Town Hall meeting that Mrs. Neville went on a, was scheduled to go on a trip. This is an additional trip or the same trip? TOWN CLERK NEVILLE: It is an additional trip, Mrs. Egan. The other was the Town Clerk meeting, this is the New York State Local Government Records Office Association in connection with records that I have to go to. Yes. MS. EGAN: Have to, want to, should. Whatever, every time you seem to go to one of these seminars or meetings, you come back with ideas that cost the Town a lot of money. Bigger booklets, channel 22, whatever. I think you can do without some of those things or pay for it yourself. Oh, now item 486, I thought at the last Town Hall meeting we purchased or approved the purchase of a vehicle, a bus or something for the Human Resource Center. This is in addition, this is maybe for... Page 5 May 22, 2007 Southold Town Board Board Meeting Minutes SUPERVISOR RUSSELL: I think at the last meeting we accepted a bid, at this meeting, this is to allow me to execute an agreement with Suffolk County Office for the Aging. They actually pay for the vehicle but we take it under what is called an inter municipal agreement, they pay for the vehicle but we have certain requirements in accepting that vehicle to use it in a certain manner. MS. EGAN: Well, I think we got a bus or something the last time for the Human Resource Center, so this is something different. SUPERVISOR RUSSELL: It is probably a different vehicle. MS. EGAN: Yeah. And the Suffolk County kicks in on this? SUPERVISOR RUSSELL: They pay for it. MS. EGAN: Well, good. That sounds wonderful. This should be typed in gold for Mr. Carlin. SUPERVISOR RUSSELL: That would be for the animal shelter. MS. EGAN: Yup. That should be sent to him personally. It really should. He worked very hard for a long time to get that animal shelter going. Now, 490. Now comes the construction of the shelter and we have, somebody bid a Construction Consultants in the amount of over one million dollars, two million. Is that a local company? SUPERVISOR RUSSELL: One of its employees lives right in Cutchogue. That is a company that does a lot of local work. In fact, they are the firm that right now is doing the expansion and renovation of the Cutchogue library. The do an awful lot of local work out here, they are very well known. They have been a low bidder the last time we bid this out this time around and I can't think of a municipality that has had a problem with them yet. MS. EGAN: But it is not a local company? SUPERVISOR RUSSELL: A local gentleman that runs that company lives in Cutchogue. And by the way, as the general contractor he bids out the functions of what he does and he generally bids out to local builders. From Cutchogue he is using builders right in Cutchogue, etc. MS. EGAN: Yeah, now, of course this is going to follow, 491. The plumbing contract. This is again, a company outside of Southold? SUPERVISOR RUSSELL: Yes. MS. EGAN: We can't support our local people? SUPERVISOR RUSSELL: Oh, believe me, I can. But I have an obligation to take the lowest bid. The lowest bid happened to be from a firm that was outside of Southold Town. As much as Page 6 May 22, 2007 Southold Town Board Board Meeting Minutes I would support my local businesses, I cannot spend more of the taxpayers money than I want to simply to award work to them when there is another low bidder. MS. EGAN: The only further input that I would put on that, is I don't know any of these companies and as you say, you did know the first one that we mentioned but you know, ifthe bid isn't too far apart. . . SUPERVISOR RUSSELL: I don't believe in this particular category we got bids from local contractors. MS. EGAN: Nobody submitted a bid? SUPERVISOR RUSSELL: Not locally. Not on this. I think there were four separate sections of that bid process and we didn't get any local bids, to my knowledge, on this particular aspect of the application. MS. EGAN: On any ofthe... SUPERVISOR RUSSELL: Oh, we got on one, in fact, we will be accepting the bid of your friend and mine, Mr. John Romanelli.. .oh, I am sorry, that is not on for tonight. MS. EGAN: Oh, well, the only reason that I mention it is that you know, if the bids are not too far apart but as you clarified, maybe you did not get enough of them to make a difference but a local company stands to lose a lot of they don't produce and they are watched by family, friends and foe as opposed to a company coming in that we don't know about. So I hope you are keeping that in the ballpark range of when you accept and don't accept. Okay? Now what is 496 all about? SUPERVISOR RUSSELL: 496? MS. EGAN: Yeah. SUPERVISOR RUSSELL: That is the affordable housing implementation plan, it is fundamentally a master plan and a set of goals for our affordable housing initiative that was drafted by Philip Beltz. It was reviewed by the Town Board today and it is a very sound plan and it outlines the goals and the methods of the Town in trying to develop affordable housing and workforce housing. MS. EGAN: Well, you are running into a lot of roadblocks on that because everybody says they want it but when they are presented with it, they balk. So I don't know, maybe his plan sounds good but I don't know whether people are going to swallow it. I think it will probably happen anyhow. Yeah, here is more on the transfer station. The dump. And 500? COUNCILMAN WICKHAM: Yes? Page 7 May 22, 2007 Southold Town Board Board Meeting Minutes MS. EGAN: 500. Anybody? Everybody? Nobody? COUNCILMAN ROSS: What about it? COUNCILMAN WICKHAM: It is a land, farmland preservation off Alvah's Lane of about seven acres or so. It is the environmental analysis that we go through whenever we wish to acquire development rights or land title. MS. EGAN: The Town is going to be getting those rights or giving it? COUNCILMAN WICKHAM: If we vote for it, we will be acquiring them. MS. EGAN: Getting more property and rights in your name which I find very, very frightening. I can understand it but I think it is very dangerous. That would be 50 I also, okay, that is it. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on any item as it appears on the agenda? (No response) Hearing none, let's move forward. V. Minutes Approval 1. RESOLVED that the Town Board of the Town of South old hereby accepts the minutes dated: Tuesday, February 27, 2007 ./ Vote Record. Acceptance of Minutes for Februarv 27,2007 4:30 PM Yes/Aye NolNay Abstain Absent Albert Krupski Jr. Voter 1<1 0 0 0 1<1 Accepted William P. Edwards Voter 1<1 0 0 0 0 Accepted as Amended Daniel C. Ross Voter 1<1 0 0 0 0 Tabled Thomas H. Wickham Seconder 1<1 0 0 0 Louisa P. Evans Initiator 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2. RESOLVED that the Town Board of the Town of South old hereby accepts the minutes dated: Tuesday, March 27, 2007 '" Vote Record - Accentance of Minutes for March 27 20074:30 PM Yes/Aye NolNay Abstain Absent Albert Krupski Jr. Voter 1<1 0 0 0 1<1 Accepted William P. Edwards Voter 1<1 0 0 0 0 Accepted as Amended Daniel C. Ross Voter 1<1 0 0 0 0 Tabled Thomas H. Wickham Seconder 1<1 0 0 0 Louisa P. Evans Initiator 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 VI. Resolutions 2007-465 Page 8 May 22, 2007 Southold Town Board Board Meeting Minutes CATEGORY: DEPARTMENT: Authorize Payment Town Clerk Audit 5/22/07 RESOLVED that the Town Board of the Town of South old hereby approves the audit dated Mav 22. 2007. ./ Vote Record - Resolution RES-2007-465 Yes/Aye NolNay Abstain Absent 0 Adopted Albert Krupski Jr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Seconder 0 0 0 0 0 Withdrawn Louisa P. Evans Initiator 0 0 0 0 Scott Russell Voter 0 0 0 0 2007-466 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Next Meeting June 5. 2007 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, June 5, 2007 at the Southold Town Hall, Southold, New York at 7:30 P. M.. ./ Vote Record - Resolution RES-2007-466 Yes/Aye NolNay Abstain Absent 0 Adopted Albert Krupski Jr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Seconder 0 0 0 0 0 Withdrawn Louisa P. Evans Initiator 0 0 0 0 Scott Russell Voter 0 0 0 0 2007-467 CATEGORY: DEPARTMENT: Attend Seminar Police Dept Grant Permission to Police Officer Thomas Hudock to Attend Quarterly Meeting of State of New York Juvenile Officers Association RESOLVED that the Town Board of the Town of Southold hereby !!:rants permission to Police Officer Thomas Hudock to attend the State of New York Juvenile Officers Association Ouarterlv Medin!!: commencin!!: on Thursdav. June 7 throu!!:h Fridav. Page 9 May 22, 2007 Southold Town Board Board Meeting Minutes June 8. 2007. in Lake Placid. New York. All expenses for gas and tolls to be a legal charge to the 2007 JAB budget line A.3l47.4.600.200. Lodging to be paid for by State of New York Juvenile Officers Association. ./ Vote R<<ord - Resolution REs..ZOO7-467 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 Yoter 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 2007-468 CATEGORY: DEPARTMENT: Budget Modification Human Resource Center Budget Mod. Personal Services-PT to Sick Earnings RESOLVED that the Town Board of the Town of Southold hereby modifies the 2007 General Fund Whole Town bud2et as follows: From: Appropriations Pro2rams for the A2in2 A.6772.1.200.100 Personal Services Part Time Employees Regular Earnings $5,800.00 To: Appropriations A.6772.1.100.400 Pro2rams for the A2in2 Personal Services Full time Employees Sick Earnings $5,800.00 ., Vote Record - Resolution RES~2007-468 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 2007-469 CATEGORY: DEPARTMENT: Budget Modification Human Resource Center Page 10 May 22, 2007 Southold Town Board Board Meeting Minutes Budget Mod. HRC - RESOLVED that the Town Board of the Town of Southold hereby modifies the 2007 General fund Whole Town budl!:et as follows: From: Appropriations A.6772.4.1 00.11 0 Programs for the Aging Contractual Expense Program Supplies and Materials $ 460.00 To: Appropriations A.6772.2.500.300 Programs for the Aging Other Equipment Desks $460.00 ./ Vote Record - ResolutioD RES-2007-469 Yes/Aye NolNay Abstain Absent 0 Adopted Albert Krupski Jr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Seconder 0 0 0 0 0 Defeated Daniel C. Ross Initiator 0 0 0 0 0 Tabled Thomas H. Wickham Voter 0 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 0 Scott Russell Voter 0 0 0 0 2007-470 CATEGORY: DEPARTMENT: Strawberry Fields Town Clerk Amend Resolution 2007-394 RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2007- 394. adopted at the April 24. 2007. to read as follows: RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Greek Orthodox Church to use Strawberry Fields on Friday, August 31 thru ~lI1HIa;" ~~Jlt@mll@r :J, :JIll); Mondav. September 2. 2007 - (set-up for the camival would be from August 28 - 30) beginning at 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 ofInsurance 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 of this resolution to coordinate traffic control. Page II May 22, 2007 Southold Town Board Board Meeting Minutes -/ Vote Record ~ Resolution RES-2007-470 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 2007-471 CATEGORY: DEPARTMENT: Budget Modification Accounting E-W Greenport Fire Protection District-Interfund RESOLVED that the Town Board ofthe Town of South old hereby modifies the 2007 East- West Fire Protection District budeet as follows: From: SF.3410.4.400.200 Hydrant Rental $ 45.00 To: SF.9795.7.000.000 Interfund Loan Interest $ 45.00 ./ Vote Record - Resolution RES-2007-471 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 2007-472 CATEGORY: DEPARTMENT: Employment - FIFD Accounting Hire William Felker As PT Seasonal Deckhand FI RESOLVED that the Town Board of the Town of South old hereby appoints William Felker to the position of a Seasonal Part-time Deckhand for the Fishers Island Ferry District, effective May 10,2007 to October 1,2007, at a rate of$9.00 per hour. Page 12 May 22, 2007 Southold Town Board Board Meeting Minutes ./ Vote Record ~ Resolution RES-2007-472 Yes/Aye 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 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-473 CATEGORY: DEPARTMENT: Employment - FIFD Accounting Hire Matthew Korduner As Seasonal PI Deckhand RESOLVED that the Town Board of the Town of South old hereby appoints Matthew Korduner to the position of a Part-time Seasonal Deckhand for the Fishers Island Ferry District, effective from May 10,2007 through October I, 2007, at a rate of $9.00 per hour. ./ Vote Record - Resolution RES-2007-473 Yes/Aye NolNay Abstain Absent Ii'! Adopted Alberti(TUpski 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 2007-474 CATEGORY: DEPARTMENT: Employment - FIFD Accounting Hire Raymond Lefevre As PT Seasonal Deckhand RESOLVED that the Town Board of the Town of South old hereby appoints Ravmond G. Lefevre to the position of a part-time Seasonal Deckhand for the Fishers Island Ferry District, effective May 10,2007 through October 1,2007, at a rate of$9.00 per hour. ./ Vote Record - Resolution RES-2007-474 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii'! 0 0 0 0 Defeated Daniel C. Ross Initiator Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 Page I3 May 22, 2007 Southold Town Board Board Meeting Minutes 2007-475 CA TEGORY: DEPARTMENT: Authorize to Bid Solid Waste Management District MSW Transport and Dispose Bid RESOLVED that the Town Board of the Town of South old hereby authorizes and directs the Town Clerk to advertise for bids for the Transportation and Disposal of Municipal Solid Waste (MSW) from the Cutchol!:ue Transfer Station. ./ Vote Record - Resolution RES-2007-475 Yes/Aye NolNay Abstain Absent 1<1 Adopted Albert Krupski Jr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Seconder 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Voter 0 0 0 0 0 Withdrawn Louisa P. Evans Initiator 0 0 0 0 Scott Russell Voter 0 0 0 0 2007-476 CATEGORY: DEPARTMENT: Employment - Town Accounting Appointment to Diesel Mechanic RESOLVED that the Town Board of the Town of Southold hereby promotes the followinl!: individuals to the position of Diesel Mechanics for the Highway Department, effective May 24,2007, at a rate of $26.9969 per hour plus longevity. Terry P. Pace George A. Rohrbach Randall A. Wells ./ Vote Record - Resolution RES.2007-476 Yes/Aye No/Nay Abstain Absent 0 Adopted Albert Krupski Jr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Initiator 0 0 0 0 0 Withdrawn Louisa P. Evans Seconder 0 0 0 0 Scott Russell Voter 0 0 0 0 2007-477 CATEGORY: Authorize to Bid Page 14 May 22, 2007 Southold Town Board Board Meeting Minutes DEPARTMENT: Solid Waste Management District Yellow Bag Bid RESOLVED that the Town Board ofthe Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the supplv of Town Garbal!:e Bal!:s for 2007 - 2008. '" Vote Record - Resolution RES-2007w477 Yes/Aye NolNay Abstain Absent Iil Adopted Albert Krupski Jr. Initiator "' 0 0 0 0 Adopted as Amended William P. Edwards Seconder "' 0 0 0 0 Defeated Daniel C. Ross Voter "' 0 0 0 0 Tabled Thomas H. Wickham Voter "' 0 0 0 0 Withdrawn Louisa P. Evans Voter "' 0 0 0 Scott Russell Voter "' 0 0 0 2007-478 CATEGORY: DEPARTMENT: Employment - Town Accounting Appointment to Highway Heavy Equipment Operators RESOLVED that the Town Board ofthe Town of South old hereby appoints the followinl!: individuals to position of Heavv Eauipment Operators for the Southold Town Highway Department, effective May 24, 2007: Roger Tabor $25.0610 hourly Thomas Skabry $25.0610 hourly Michael Orientale $23.0753 hourly Lloyd Kalin $25.0610 hourly John Grilli $25.0610 hourly Joseph Bondarchuk $23.0753 hourly Roger Foster $25.0610 hourly Paul Kapustka $23.0753 hourly ./ Vote Record - Resolution RES-2007-478 Yes/Aye NolNay Abstain Absent "' Adopted Albert Krupski Jr. Seconder "' 0 0 0 0 Adopted as Amended William P. Edwards Initiator "' 0 0 0 0 Defeated Daniel C. Ross Voter Iil 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 Page 15 May 22, 2007 Southold Town Board Board Meeting Minutes 2007-479 CATEGORY: DEPARTMENT: Property Acquisition Public Hearing Land Preservation Deerkoski - Set Public Hearing RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesdav, June 5, 2007, at 8:00 p.m.. Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearine for the purchase of a development riehts easement on property owned bv Felix Deerkoski. Said property is identified as part ofSCTM #1000-101-1-2.3. The address is 4600 Elijah's Lane, Mattituck, New York. The property is located at the northwest intersection of Elijah's Lane and Wickham Avenue where the roads meet on the northerly side of County Road 48, in Mattituck in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 1701 acres of the 20.901 acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $78,000 (seventy-eight thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and scenic values, and as an aquifer recharge area; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel ofland is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Page 16 May 22, 2007 Southold Town Board Board Meeting Minutes .;' Vote Record - Resolution RES-2007479 Yes/Aye NolNay Abstain Absent ItI Adopted Albert Krupski Jr. Voter ItI 0 0 0 0 Adopted as Amended William P. Edwards Seconder ItI 0 0 0 0 Defeated Daniel C. Ross Initiator ItI 0 0 0 0 Tabled Thomas H. Wickham Voter ItI 0 0 0 0 Withdrawn Louisa P. Evans Voter ItI 0 0 0 Scott Russell Voter ItI 0 0 0 2007-480 CATEGORY: DEPARTMENT: Employment - Town Police Dept Request to Hire Traffic Control Officers for the 2007 Season RESOLVED that the Town Board of the Town of Southold hereby appoints the followine: individuals to the postion of Traffic Control Officer for the Police Department, effective May 25,2007, at a rate of $14.14 per hour: Michael J. Baldwin Daniel A. Blados Patrick S. Bums John M. Helf, Jr. Matthew M. Rolle Ashley Sawicki ~...Yote Record - Resolution RES~2007-480 Yes/Aye NolNay Abstain Absent ItI Adopted Albert Krupski Jr. Voter ItI 0 0 0 0 Adopted as Amended William P. Edwards Voter ItI 0 0 0 0 Defeated Daniel C. Ross Voter ItI 0 0 0 0 Tabled Thomas H. Wickham Seconder ItI 0 0 0 0 Withdrawn Louisa P. Evans Initiator ItI 0 0 0 , Scott Russell Voter ItI 0 0 0 2007-481 CATEGORY: DEPARTMENT: Subdivisions Town Attorney Authorizes Supervisor Scott A. Russell to Execute the Grant of Drainage Easement and Conservation Easement RESOLVED that the Town Board ofthe Town of South old hereby authorizes Supervisor Scott A. Russell to execute the Grant of Drainae:e Easement and Conservation Easement Page 17 May 22, 2007 Southold Town Board Board Meeting Minutes and all other necessarv documents to effectuate same, in connection with the Minor Subdivision of Michael Kaloski at Cutchogue, subject to the approval ofthe Town Attorney. 'II' Vote Record - Resolution RES-2007.481 Yes/Aye NolNay Abstain Absent 1<1 Adopted Albert Krupski Jr. Voter 1<1 0 0 0 0 Adopted as Amended William P. Edwards Voter 1<1 0 0 0 0 Defeated Daniel C. Ross Voter 1<1 0 0 0 0 Tabled Thomas H. Wickham Initiator 1<1 0 0 0 0 Withdrawn Louisa P. Evans Seconder 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2007-482 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Recreation Hire Summer Instructors RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor Scott A. Russell to execute an al!:reement with the followinl!: individuals and businesses for the summer 2007 recreation prOl!:rams, all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the recreation department's 2007 instructor line A 7020.4.500.420. Lisa Baglivi (drawing class)............................. ......... $30/hour Eugenia Cherouski (folk dancing)......................................... $25/hour Jim Christy (country line dancing).............................. $25/hour Doris Coniglio (knitting)....................................... $25/hour Paula Croteau (cooking)...... ......... ........ ....... ......... ... $25/hour Shirley Darling (tennis)... ............ ... ............................. ... ... ... ..$30/class Martha Eagle (Aerobics)... ............ ....................... ... ... ...... ...... $30/hour East End Insurance Services (Defensive Driving).................$30/person Carol Giordano (Baton). ... ... .,. ... ... ...... ...... ........... ...... ... ......... $25/class Rosemary Martilotta (yoga).... ............ ... ... ............. ......... ....... $55/class Tom McGunnigle (golf)......... ........ ....... ....... .............$45/person Theresa Pressler (youth programs).............................. $25/hour Riverside Gymnastics (youth gymnastics).............................$40/person Steve Smith (weight training)................................................ $25/hour Touch Dancing Studios (ballroom dance)............................. $48/person Page 18 May 22, 2007 Southold Town Board Board Meeting Minutes -/ Vote Record ~ Resolution RES.2007-482 Yes/Aye NolNay Abstain Absent ii:I Adopted Albert Krupski Jr. Initiator ii:I 0 0 0 0 Adopted as Amended William P. Edwards Seconder ii:I 0 0 0 0 Defeated Daniel C. Ross Voter ii:I 0 0 0 0 Tabled Thomas H. Wickham Voter ii:I 0 0 0 0 Withdrawn Louisa P. Evans Voter ii:I 0 0 0 Scott Russell Voter ii:I 0 0 0 2007-483 CATEGORY: DEPARTMENT: Employment - Town Public Works Seasonal Laborer, DPW RESOLVED that the Town Board of the Town of Southold hereby appoints Matthew Hansen to the position of a Seasonal Laborer for the Department of Public Works, effective May 24, 2007, at a rate of$13.03 per hour. ./ Vote Record. Resolution RES-2007-483 Yes/Aye NofNay Abstain Absent ii:I Adopted Albert Krupski Jr. Seconder ii:I 0 0 0 0 Adopted as Amended WiJliam P. Edwards Initiator ii:I 0 0 0 0 Defeated Daniel C. Ross Voter ii:I 0 0 0 0 Tabled Thomas H. Wickham Voter ii:I 0 0 0 0 Withdrawn Louisa P. Evans Voter ii:I 0 0 0 Scott Russell Voter ii:I 0 0 0 2007-484 CATEGORY: DEPARTMENT: Employment - Town Public Works Seasonal Laborer RESOLVED that the Town Board of the Town of Southold hereby appoints Robert Eves to the position of Seasonal Laborer for the Department of Public Works, effective May 24, 2007, at a rate of $13.03 per hour. -/ Vote Record - Resolution RES-2007-484 Yes/Aye NofNay 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 Page 19 May 22, 2007 Southold Town Board Board Meeting Minutes 2007-485 CATEGORY: DEPARTMENT: Attend Seminar Town Clerk NYS Assoc. of Local Govt Records Officers RESOLVED that the Town Board of the Town of Southold hereby e:rants permission to Town Clerk Elizabeth Neville to attend the Annual Conference of NY ALGRO (NYS Association of Local Government Records Officers) in Hunter. New York. on June 11-12. 2007. All expenses for registration, travel and accommodations to be a legal charge to the 2007 Town Clerk budget (meetings and seminars). ./ Vote Record - Resolution RES-2007-485 Yes/Aye No/Nay Abstain Absent 0 Adopted Albert Krupski Jr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Seconder 0 0 0 0 0 Tabled Thomas H. Wickham Voter 0 0 0 0 0 Withdrawn Louisa P. Evans Initiator 0 0 0 0 Scott Russell Voter 0 0 0 0 2007-486 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute Agreement No. 525-CAP-CAP-I749.5I8.09 Between Suffolk County Office for the Aging and the Town of Southold for Acquisition of a 2007 Chevrolet Express 1500 8 Passenger Van, Vehicle Identification No. 1 GNFG I5T 171184102 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute Ae:reement No. 525-CAP-CAP-1749.518.09 between Suffolk County Office for the Ae:ine: and the Town of Southold for acquisition of a 2007 Chevrolet Express 15008 passene:er van. Vehicle Identification No. IGNFGI5TI71184102, subject to the approval of the Town Attorney. ./ Vote Record - Resolution RES-2007-486 Yes/Aye NolNay Abstain Absent 0 Adopted J\1~ert Krupski Jr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Initiator 0 0 0 0 0 Withdrawn Louisa P. Evans Seconder 0 0 0 0 Scott Russell Voter 0 0 0 0 Page 20 May 22, 2007 Southold Town Board Board Meeting Minutes 2007-487 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Mattituck/Cutchogue Boy Scouts Cub mobile Race RESOLVED that the Town Board of the Town of Southold hereby authorizes the closure of East Side Road, Mattituck for the Annual Mattituck-Cutchoeue Bov Scouts Cubmobile Race on Saturday, June 9, 2007 from 8:00 am to 12:00 noon, (rain date: Sunday, June 10,2007) provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of South old as an additional insured and contact Capt. Flatley within ten (10) of the adoption ofthis resolution to coordinate traffic control. ./ Vote Record - Resolution RE8-2007-487 yes/Aye NolNay Abstain Absent 0 Adopted Albert Krupski Jr. Initiator 0 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Voter 0 0 0 0 0 Withdrawn Louisa P. Evans Seconder 0 0 0 0 Scott Russell Voter 0 0 0 0 2007-488 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Land Preservation NYS Ag & Markets Contract C800646 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute New York State Department of Aericulture and Markets Contract C800646 in connection with Aericultural and Farmland Protection Implementation Grant in the amount of $723.373 for the term October 20, 2006 through March 31,2009, all in accordance with the approval of the Town Attorney. ./ Vote Record - Resolution RES-2007-488 Yes/Aye NofNay Abstain Absent 0 Adopted Albert Krupski Jr. Seconder 0 0 0 0 0 Adopted as Amended William P. Edwards Initiator 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Voter 0 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 0 Scott Russell Voter 0 0 0 0 Page 21 May 22, 2007 Southold Town Board Board Meeting Minutes 2007-489 CATEGORY: DEPARTMENT: Bond Town Clerk Bond Amendment - Animal Shelter RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED MAY 22, 2007, AMENDING THE SERIAL BOND RESOLUTION ADOPTED BY THE TOWN BOARD OF SAID TOWN ON AUGUST 16,2005 AUTHORIZING THE CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN SAID TOWN. THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: The Town Board of the Town of Southold, in the County of Suffolk, New York (herein called the "Town Board" and the "Town", respectively), hereby amends the Bond Resolution entitled: "BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 16, 2005, AUTHORIZING THE CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN SAID TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $2,600,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $2,600,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION," duly adopted by the Town Board on August 16, 2005, to read as follows: Page 22 May 22, 2007 Southold Town Board Board Meeting Minutes BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 16, 2005, AND AMENDED MAY 22, 2007 AUTHORIZING THE CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN SAID TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $3,300,000, APPROPRIATING SAID AMOUNT THEREFOR, INCLUDING THE APPROPRIATION OF $280,000 HELD IN TRUST AND AUTHORIZING THE ISSUANCE OF $3,020,000 SERIAL BONDS OF SAID TOWN TO FINANCE THE BALANCE OF SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to construct a new Town animal shelter on the site of the existing animal shelter located at 269 Peconic Lane, in the Town, including demolition of the existing animal shelter, purchase of the original furnishings, equipment, machinery and apparatus required for the purpose for which said new shelter is to be used and grading and improving the site. The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and to the financing thereof, is $3,300,000 and the said amount is hereby appropriated therefor, including the appropriation of $280,000 from moneys held in trust for the purpose of constructing a Town animal shelter. The plan of financing includes the expenditure of said moneys held in trust, the issuance of not to exceed $3,020,000 serial bonds of Page 23 May 22, 2007 Southold Town Board Board Meeting Minutes the Town to finance the balance of said appropriation and the levy and collection of taxes upon all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Serial bonds of the Town in the principal amount of not to exceed $3,020,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance the balance of said appropriation. The following additional matters are hereby determined and declared: (a) Said new shelter will be of Class "B" construction as defined by Section 11.00 a. 11.(b) of the Law and the period of probable usefulness applicable thereto for which said bonds are authorized to be issued, within the limitations of said Section 11.00 a. 11 (b) of the Law, is twenty-five (25) years. (b) The proceeds of the bonds herein authorized, and any bond anticipation notes issued in anticipation of said bonds, may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The Town Board of the Town, acting in the role of Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act, constituting Article 8 of the Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617 ("SEQRA") has heretofore determined that the project described herein is an Unlisted Action pursuant to SEQRA. The Town Board has reviewed a Full Environmental Assessment Form and has Page 24 May 22, 2007 Southold Town Board Board Meeting Minutes determined that the project will not result in any significant adverse environmental impact and a negative declaration has been adopted and filed. (d) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Each of the bonds authorized by this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds, and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds, and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer ofthe Town. Page 25 May 22, 2007 Southold Town Board Board Meeting Minutes The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized III violation of the provIsIOns of the constitution. This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to cause to be published in the "THE SUFFOLK TIMES," a newspaper published in Mattituck, in the Town of Southold, New York and hereby designated the official newspaper for such publication and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form: Page 26 May 22, 2007 Southold Town Board Board Meeting Minutes TOWN OF SOUTHOLD, NEW YORK PLEASE TAKE NOTICE that on May 22, 2007, the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted the resolution amending the Bond Resolution which, as amended, is entitled: "BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 16, 2005, AND AMENDED MAY 22, 2007 AUTHORIZING THE CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN SAID TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $3,300,000, APPROPRIATING SAID AMOUNT THEREFOR, INCLUDING THE APPROPRIATION OF $280,000 HELD IN TRUST AND AUTHORIZING THE ISSUANCE OF $3,020,000 SERIAL BONDS OF SAID TOWN TO FINANCE THE BALANCE OF SAID APPROPRIATION" an abstract of said Bond Resolution, as amended, concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING the Town of Southold ("Town") to construct a new Town animal shelter on the site of the existing animal shelter located at 269 Peconic Lane, in Town, including demolition of the existing shelter, purchase of the original furnishings equipment, machinery and apparatus required and grading and improving the site; STATING the estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $3,300,000; APPROPRIATING said amount therefor, including the appropriation of $280,000 from moneys held in trust for the purpose of constructing a Town animal shelter and ST A TIN G the plan of financing includes the expenditure of said moneys held in trust, the issuance of not to exceed $3,020,000 serial bonds of the Town to finance the balance of said appropriation and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable; SECOND: AUTHORIZING the issuance of not to exceed $3,020,000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York (the "Law") to finance the balance of said appropriation; THIRD: DETERMINING and STATING the period of probable usefulness applicable to said shelter, the purpose for which said serial bonds are authorized to be issued, is twenty-five (25) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purpose for which said bonds are authorized; the Page 27 May 22, 2007 Southold Town Board Board Meeting Minutes Town Board of the Town has heretofore determined that the project is an Unlisted action pursuant to SEQRA; and the proposed maturity of said $3,020,000 serial bonds will exceed five (5) years; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: May 22, 2007 Elizabeth A. Neville Town Clerk Page 28 May 22, 2007 Southold Town Board Board Meeting Minutes Section 8. The Town Clerk is hereby authorized and directed to cause said bond resolution, as hereinabove amended, to be published, in summary, in substantially the form set forth in Exhibit "A" attached hereto and made a part hereof, after said Bond Resolution shall take effect, in the newspaper referred to in Section 7 hereof, and hereby designated the official newspaper for said publication, together with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York. . . . Section (B) The amendment of the Bond Resolution set forth in Section (A) of this resolution shall in no way affect the validity of the contracts validly executed, indebtedness incurred, action taken or liabilities resulting therefrom, pursuant to the said Bond Resolution, and all such contracts executed, indebtedness incurred, action taken or liabilities resulting therefrom shall be deemed to have been executed, incurred, taken or resulting therefrom, pursuant to said Bond Resolution, as so amended. Section (C) Said Bond Resolution, as herein amended, is subject to a permissive referendum as therein provided. In the event that a valid petition protesting against said bond resolution, as amended, and requesting that it be submitted to the electors of said Town for their approval or disapproval, is filed and the Proposition submitted therefor is defeated, the validity of the bond resolution adopted August 16, 2005, shall not be in any way affected and shall remain in full force and effect. Section (D) This resolution shall take effect immediately. Page 29 May 22, 2007 Southold Town Board Board Meeting Minutes Exhibit "A" BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 16, 2005, AND AMENDED MAY 22, 2007 AUTHORIZING THE CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN SAID TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $3,300,000, APPROPRIATING SAID AMOUNT THEREFOR, INCLUDING THE APPROPRIA nON OF $280,000 HELD IN TRUST AND AUTHORIZING THE ISSUANCE OF $3,020,000 SERIAL BONDS OF SAID TOWN TO FINANCE THE BALANCE OF SAID APPROPRIATION. Object or purpose: to construct a new Town animal shelter on the site of the existing animal shelter located at 269 Peconic Lane, in the Town of Southold, including demolition of the existing shelter, purchase of the original furnishings equipment, machinery and apparatus required and grading and improving the site at the estimated maximum cost of $3,300,000; appropriating said amount therefor, including $280,000 held in trust for such purpose and stating that construction of said new animal shelter has been determined to be an Unlisted Action pursuant to SEQRA and a Negative Declaration has been adopted and filed Amount of obligations to be issued: $3,020,000 Period of probable usefulness: twenty-five (25) years A complete copy of the bond resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, at the Town Hall, 53095 Main Street, Southold, New York. Dated: May 22, 2007 Southold, New York ./' Vote Record - Resolution RES-2007-489 Yes/Aye No/Nay Abstain Absent Ii'! Adopted Albert.Krupski Jr. Voter 0 Ii'! 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Initiator Ii'! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 Page 30 May 22, 2007 Southold Town Board Board Meeting Minutes 2007-490 CA TEGORY: DEPARTMENT: Bid Acceptance Town Attorney Accepts and Awards the Low Bid of Construction Consultants, Inc. In the Amount of$l, 703,205 for Construction and Contracting Work In Connection with a New Southo/d Town Animal Shelter RESOLVED that the Town Board of the Town of South old hereby accepts and awards the low bid of Construction Consultants. Inc. in the amount of $1.703.205 for construction and contractinl!: work in connection with a new South old Town Animal Shelter, subject to entering into a contract with the approval of the Town Attorney. ./ Vote Record - Resolution RES-2007-490 Yes/Aye NolNay Abstain Absent It! Adopted Albert Krupski Jr. Voter 0 It! 0 0 0 Adopted as Amended William P. Edwards Voter It! 0 0 0 0 Defeated Daniel C. Ross Voter It! 0 0 0 0 Tabled Thomas H. Wickham Seconder It! 0 0 0 0 Withdrawn Louisa P. Evans Initiator It! 0 0 0 Scott Russell Voter It! 0 0 0 2007-491 CATEGORY: DEPARTMENT: Bid Acceptance Town Attorney Accepts and Awards the Low Bid ofWHM Plumbing & Heating, Inc. In the Amount of$343,939 for Plumbing and Heating Work In Connection with a New Southo/d Town Animal Shelter RESOLVED that the Town Board of the Town of South old hereby accepts and awards the low bid of WHM Plumbinl! & Heatinl!. Inc. in the amount of $343.939 for plumbinl! and heatinl!: work in connection with a new Southold Town Animal Shelter, subject to entering into a contract with the approval of the Town Attorney. ./ Vote Record - Resolution RES-2007-491 Yes/Aye NolNay Abstain Absent It! Adopted Albert Krupski Jr. Voter 0 It! 0 0 0 Adopted as Amended William P. Edwards Voter It! 0 0 0 0 Defeated Daniel C. Ross Voter It! 0 0 0 0 Tabled Thomas H. Wickham Initiator It! 0 0 0 0 Withdrawn Louisa P. Evans Seconder It! 0 0 0 Scott Russell Voter It! 0 0 0 2007-492 Page 31 May 22, 2007 Southold Town Board Board Meeting Minutes CA TEGORY: DEPARTMENT: Bid Acceptance Town Attorney Accepts and Awards the Low Bid of Commander Electric, Inc. In the Amount of $240,000 for Electrical Work In Connection with a New Southold Town Animal Shelter RESOLVED that the Town Board of the Town of Southold hereby accepts and awards the low bid of Commander Electric, Inc. in the amount of $240,000 for electrical work in connection with a new Southold Town Animal Shelter, subject to entering into a contract with the approval of the Town Attorney. <I' Vote Record - Resolution RES-2007-492 Yes/Aye NolNay Abstain Absent iii Adopted Albert Krupski Jr. Voter 0 iii 0 0 0 Adopted as Amended William P. Edwards Initiator iii 0 0 0 0 Defeated Daniel C. Ross Seconder iii 0 0 0 0 Tabled Thomas H. Wickham Voter iii 0 0 0 0 Withdrawn Louisa P. Evans Voter iii 0 0 0 Scott Russell Voter iii 0 0 0 2007-493 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Appoint Elizabeth Cantrell to the Position of Secretary to the Southold Town Architectural Review Committee RESOLVED that the Town Board of the Town of South old hereby appoints Elizabeth Cantrell to the position of Secretary to the Southold Town Architectural Review Committee, effective immediately through December 31, 2007, not to exceed five (5) hours per week in addition to her regular 35 hour work week, regardless of the number of committees she serves v' Vote Record - Resolution RES-2007-493 Yes/Aye NolNay Abstain Absent iii Adopted Albert Krupski Jr Initiator iii 0 0 0 0 Adopted as Amended William P. Edwards Voter iii 0 0 0 0 Defeated Daniel C. Ross Voter iii 0 0 0 0 Tabled Thomas H. Wickham Voter iii 0 0 0 0 Withdrawn Louisa P. Evans Seconder iii 0 0 0 Scott Russell Voter iii 0 0 0 2007-494 CATEGORY: DEPARTMENT: Committee Decisions Town Clerk Page 32 May 22, 2007 Southold Town Board Board Meeting Minutes Dredge Committee Charge WHEREAS there has occurred over the last year, confusion between government entities including the County of Suffolk, the New York State Department of Environmental Conservation and the United States army Corp. of Engineers with respect to dredging applications for creeks within the Town of Southold, and WHEREAS the timing and proper completion of dredging applications require year round vigilance so as to insure that each application will be timely made by the governmental entity responsible for making the application, and that each application has been received by the entity to which the application has been made, and that the application has been properly reviewed and is complete so it may be considered at the appropriate time, and WHEREAS there are residents of the Town of Southold who are greatly affected by the outcome of the application process, and WHEREAS with regard to most dredging applications the Town of Southold and its various boards and departments is neither an applicant or a recipient of such applications, and WHEREAS even though the Town of Southold is neither the applicant nor the governmental entity that will determine the application, the Town of Southold nonetheless has a great interest in the proper completion and consideration of such applications, so that the property interests of the residents and the environmental concerns are properly addressed and protected, and WHEREAS, Chapter 13 ofthe Southold Town Code provides that the Town Board, by resolution, "may establish advisory committees for such purposes as it may deem necessary to assist it in the performance of its duties", now therefor be it RESOLVED that, pursuant to Chapter 13 of the Southold Town Code, the Town Board of the Town of Southold hereby creates the Dredl!inl! Advisory Committee. The committee is to be comprised of five (5) members from the community, along with one (I) liaison from the Board Page 33 May 22, 2007 Southold Town Board Board Meeting Minutes of Town Trustees and one (I) liaison from the Town Board. Member shall serve a term of two (2) years and are to be appointed by the Southold Town Board; be it further RESOLVED that the purpose ofthe committee is as follows: 1. To monitor the process of dredging applications made by and to other government entities relative to waterways within the Town of Southold and to report to the Town Board and to the Southold Board of Trustees as to the status of such applications. 2. Upon request by resolution of the Town Board, to report or otherwise provide information to the Town Board or to the Southold Board of Trustees on such other issues relative to dredging permit applications. 3. Consider and explore all dredging options in the Town of Southold. Y' Vote Record - Resolution RES-2007-494 Yes/Aye NOlNay Abstain Absent It! Adopted Albert Krupski Jr. Voter It! 0 0 0 0 Adopted as Amended William P. Edwards Voter It! 0 0 0 0 Defeated Daniel C. Ross Initiator It! 0 0 0 0 Tabled Thomas H. Wickham Voter It! 0 0 0 0 Withdrawn Louisa P. Evans Seconder It! 0 0 0 Scott Russell Voter It! 0 0 0 2007-495 CATEGORY: DEPARTMENT: Advertise Town Clerk Advertise for Dredge Committee Members RESOLVED that the Town Board ofthe Town of South old hereby authorizes and directs the Town Clerk is to advertise for resumes for members to the Dredl!e Committee. ./ Vote Record - Resolution RES-2007-495 Yes/Aye NolNay Abstain Absent It! Adopted Albert Krupski Jr. Voter It! 0 0 0 0 Adopted as Amended William P. Edwards Seconder It! 0 0 0 0 Defeated Daniel C. Ross Voter It! 0 0 0 0 Tabled Thomas H. Wickham Voter It! 0 0 0 0 Withdrawn Louisa P. Evans Initiator It! 0 0 0 Scott Russell Voter It! 0 0 0 Page 34 May 22, 2007 Southold Town Board Board Meeting Minutes 2007-496 CATEGORY: DEPARTMENT: Misc. Public Hearing Town Attorney Sets June 19, 2007, At 4:45 P.M, Located At Town Hall, 53095 Main Road, Southold, New York, As the Time and Place for a Public Hearing on the Adoption of the Town of South old Housing Implementation Plan RESOLVED that the Town Board of the Town of South old hereby sets June 19. 2007. at 4:45 n.m..located at Town Hall. 53095 Main Road. Southold. New York. as the time and nlace for a nublic hearine on the adontion of the Town of South old Housine Imnlementation Plan, and directs the Town Clerk to provide the public with notice of such hearing. .; Vote Record - Resolution RES~2007-496 Yes/Aye NolNay Abstain Absent 6!l Adopted Albert Krupski Jr. Voter 6!l 0 0 0 0 Adopted as Amended William P. Edwards Seconder 6!l 0 0 0 0 Defeated Daniel C. Ross Voter 6!l 0 0 0 0 Tabled Thomas H. Wickham Initiator 6!l 0 0 0 0 Withdmwn Louisa P. Evans Voter 6!l 0 0 0 Scott Russell Voter 6!l 0 0 0 2007-497 CATEGORY: DEPARTMENT: Affordable Housing Town Attorney Sets the Maximum Sales Price and Maximum Allowable Monthly Rent for 2007 for Affordable Housing Units In the AHD Zoning District, Pursuant to Chapter 280-30(D) of the Town Code RESOLVED that the Town Board of the Town of South old hereby sets the maximum sales nrice and maximum allowable monthlv rent for 2007 for affordable housine units in the AHD Zonine District. nursuant to Chanter 2BO-30m) ofthe Town Code, as follows: Home Purchase Price Households earning 80% or less of the HUD median income (for Nassau/Suffolk) $187,625.00 Households earning 100% or less ofHUD median $234,500.00 Households earning 120% or less ofHUD median $281,375.00 Monthlv Rent Page 35 May 22, 2007 Southold Town Board Board Meeting Minutes Efficiency One Bedroom Two Bedroom Three Bedroom Four Bedroom $821.00 $879.00 $1,055.00 $1,219.00 $1,360.00 ./ Vote Record - Resolution RES-2007-497 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Initiator Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-498 CATEGORY: DEPARTMENT: Seqra Town Attorney Transfer Station LL SEQRA RESOLVED that the Town Board of the Town of Southold hereby declares itself lead ae:encv for the uncoordinated review under 6 NYCRR 617 of the proposed "A Local Law in Relation to a Transfer Station". SEOR Rules and Ree:ulations. adopts a nee:ative declaration for this Tvpe I Action pursuant thereto. and authorizes Supervisor Scott A. Russell to execute the Lone: Environmental Assessment Form in accordance therewith, as proposed by L.K. McLean Associates, P.C. on May 21, 2007. ,/ Vote Record - Resolution RES-2007-498 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-499 CA TEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact Transfer Station LL Page 36 May 22, 2007 Southold Town Board Board Meeting Minutes WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York on the 24th day of April, 2007, a Local Law entitled "A Local Law in Relation to a Transfer Station", AND WHEREAS the Town Board of the Town of Southold finds that this Local Law is consistent with the LWRP, AND WHEREAS the Town Board ofthe Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed "Local Law in Relation to a Transfer Station", which reads as follows: Local Law No. 13 of2007 Section 1. 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 Southold 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: D. A Transfer Station mav 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: (1) The plan shall include the precise location of all buildings. structures. emplovee and truck parking, loading, unloading, and traffic areas, internal circulation. Page 37 May 22, 2007 Southold Town Board Board Meeting Minutes 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 offour 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. (II) 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 of twenty (20) feet oflandscaped buffers, including street trees shall be planted and maintained along all street frontages. Landscaped buffers shall be entirely located within the subiect parcel boundaries. Page 38 May 22, 2007 Southold Town Board Board Meeting Minutes (14) A six foot high fence shall be installed and maintained behind said landscaped buffers. Fence color and materials shall be approved bv the Planning Board. (15) Hours of operation shall be demonstrated by the applicant to be limited to minimize impact on surrounding properties. 11 280-60. 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 apply to a transfer station. The setbacks of multiple structures on a parcel may vary, proyided 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 ofthe Code of the Town of South old is hereby amended as follows: 11 233-1. 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 ST A nON. PRIVATE - Any combination of structures. machinery and facilities used for off-loading solid waste from collection vehicles. the recovery of recyclables from said solid waste. and/or the reloading of nonrecyclable solid waste into vehicles for disposal. & 233-6 Transfer Station Special Permit. A. A permit application shall be made on the form prescribed by the Town Clerk and accompanied by 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 by 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 by 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 may 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 ofa permit shall bind the applicant to provide the Town of South old with the following information on an annual basis: Page 39 May 22, 2007 Southold Town Board Board Meeting Minutes (1) Gross tons of mixed solid waste and recvclables received. (2) Gross tons of recvclables removed from solid waste delivered. (3) Net tons of nonrecvclable solid waste reloaded onto vehicles for disposal. (4) Aggregate tonnage of all mixed solid waste and recvclables delivered to the facilitv. and the origin. bv 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 bv the Planning Board of the Town of South old. The Planning Board shall review the action under 6 NYCRR Part 617 of the State Environmental Ouality Review Act and such review process shall be complete prior to the issuance of a permit under this section. Failure to complv 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 bv the facilitv will have a minimal impact on residential streets. 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. J. 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 of the Town. K. Nothing in this section shall exempt an applicant or facilitv from compliance with zoning or other requirements of the Town Code. L. No building permit shall be issued until the Town Board and Planning Board issue approvals. ~ 233-9.1 ~ 233-1!i. Penalties for offenses Revocation of permit and/or license. Page 40 May 22, 2007 Southold Town Board Board Meeting Minutes 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. v' Vote Record - Resolution RES-2007-499 Yes/Aye NolNay Abstain Absent 111 Adopted Albert Krupski Jr. Voter 111 0 0 0 0 Adopted as Amended William P. Edwards Voter 111 0 0 0 0 Defeated Daniel C. Ross Voter 111 0 0 0 0 Tabled Thomas H. Wickham Seconder 111 0 0 0 0 Withdrawn Louisa P. Evans Initiator 111 0 0 0 Scott Russell Voter 111 0 0 0 2007-500 CATEGORY: DEPARTMENT: Seqra Land Preservation Tuthill- SEQRA WHEREAS, the Town Board ofthe Town of South old wishes to purchase a development rights easement on a certain parcel of property owned by Hallock E. Tuthill pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Code of the Town of South old. Said property is identified as part ofSCTM #1000-101-2-22. The address is 4508 Alvah's Lane in the A-C zoning district and located approximately 813 feet southeasterly from the intersection of County Road 48 and Alvah's Lane in Cutchogue, New York, sharing its northwesterly boundary with LIRR. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately Solo acres (subject to survey) ofthe 7. H acre parcel. The exact area of the development rights easement is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $72,000 (seventy-two thousand dollars) per buildable acre plus acquisition costs; now, therefore, be it Page 41 May 22, 2007 Southold Town Board Board Meeting Minutes RESOLVED by the Town Board of the Town of South old that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board ofthe Town of South old that the Town of South old is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board ofthe Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board ofthe Town of South old herebv finds no sie:nificant impact on the environment and declares a nee:ative declaration pursuant to SEORA Rules and Ree:ulations for this action. Y Vote Record ~ Resolution RES~2007-500 Yes/Aye NolNay Abstain Absent 0 Adopted Albert Krupski Jr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Initiator 0 0 0 0 0 Withdrawn Louisa P. Evans Seconder 0 0 0 0 Scott Russell Voter 0 0 0 0 2007-501 CATEGORY: DEPARTMENT: Property Acquisition Purchase Land Preservation Tuthill - Elect to Purchase WHEREAS, the Town Board ofthe Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by Hallock E. Tuthill on the 22nd day of May, 2007, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) ofthe Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part ofSCTM #1000-101-2-22. The address is 4508 Alvah's Lane in the A-C zoning district and located approximately 813 feet southeasterly from Page 42 May 22, 2007 Southold Town Board Board Meeting Minutes the intersection of County Road 48 and Alvah's Lane in Cutchogue, New York, sharing its northwesterly boundary with LIRR; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 5"= acres (subject to survey) of the 7.1"= acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the purchase price for the easement is $72,000 (seventy-two thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value, and as an aquifer recharge area; and WHEREAS, the purchase ofthe development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) ofthe Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (L WRP) and the L WRP Coordinator has recommended that this action is consistent with the L WRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now, therefore, be it Page 43 May 22, 2007 Southold Town Board Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development ril!:hts easement on al!:riculturalland owned bv Hallock E. Tuthill pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Al!:ricultural Lands Preservation) of the Code of the Town of South old. Said property is identified as part ofSCTM #1000-101-2-22. The address is 4508 Alvah's Lane in the A-C zoning district and located approximately 813 feet southeasterly from the intersection of County Road 48 and Alvah's Lane in Cutchogue, New York, sharing its northwesterly boundary with L1RR. The development rights easement comprises a part of the property consisting of approximately 5010 acres (subject to survey) of the 7. H acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $72,000 (seventy-two thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. Town funding for this purchase is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code of the Town of South old. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (L WRP) and the L WRP Coordinator has recommended that this action is consistent with the L WRP. .; Vott Record - Resolution RES-2007-S01 Yes/Aye No/Nay Abstain Absent 0 Adopted Albert Krupski Jr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Initiator 0 0 0 0 0 Withdrawn Louisa P. Evans Seconder 0 0 0 0 Scott Russell Voter 0 0 0 0 VII. Public Hearinl!:s 1. Set May 22, 2007 At 4:45 PM for a Public Hearing for a Local Law In Relation to a Transfer Station COMMENTS - Current Meeting: Hearing began at 5: 10 PM 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 24th day of April, 2007, a Local Law entitled "A Local Law in Relation to a Transfer Station ", AND Page 44 May 22, 2007 Southold Town Board Board Meeting Minutes NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold New York on the 22nd dav of Mav, 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. of 2007 Section 1. 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: D. A Transfer Station mav be permitted, subject to special permit obtained from the Town Board pursuant to Section 233-6 the Town Code. The Transfer Station shall also be subject 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 recvcling, and anv 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 adjoining propertv. (3) A minimum distance of four hundred (400) feet from a propertv zoned for residential use measured from the two closest points of parcel boundarv, 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 activitv associated with the facilitv, including the storage of all containers containing recyclable and waste material shall be contained inside a completely 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 necessarv for the operation of the transfer Page 45 May 22, 2007 Southold Town Board Board Meeting Minutes 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 facility 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 ofthe facility 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 apply to 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 South old is hereby amended as follows: S 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. PRIV ATE - Anv combination of structures. machinerv and facilities used for off-loading solid waste from collection vehicles. the recoverv of recvclables 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 may be reviewed bv the Town Board from time to time to ensure that the operation is consistent with the Town of Southold Solid Page 46 May 22, 2007 Southold Town Board Board Meeting Minutes 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: (1) Gross tons of mixed solid waste and recyclables received. (2) Gross tons of recyclables 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 have a minimal impact on residential streets. F. The grant and acceptance of this permit shall constitute consent to allow inspection of the premises by 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 facility containing materials for transfer must be covered. H. An emergency response plan acceptable to the Town Board shall be submitted, which may be referred to local emergency responders for comment and input. 1. No permit shall issue until the Town Board has held a public hearing on the application, with at least ten days notice provided to the public. J. The Town Board may approve, approve with conditions, or deny an application for a transfer station permit. The Town Board may 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 facility from compliance with zoning or other requirements of the Town Code. S 233-9.1 S 233-+~. Penalties for offenses 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. Page 47 May 22, 2007 Southold Town Board Board Meeting Minutes I have a memo here from Jerilyn Woodhouse, chair of the Planning Board, dated today. "The Planning Board supports a local law in relation to a transfer station with consideration of the following comments and recommendations. In one section we could amend the language as follows to allow for further discretionary review. (I think they mean discretionary review by the Planning Board) The current reading is a six foot high black chain link fence with stockade attached shall be installed and maintained behind said landscape areas. The Planning Board is proposing "the fence color and materials shall be approved by the Planning Board." The second comment is a minimum of 20 feet of landscaping including street trees shall be planted and maintained along streets. They are proposing instead that 20 feet of landscaped buffers shall be entirely located within the subject parcel boundaries. There is another proposal to amend the language to propose that the Planning Board shall review the action under 6NYCRR part 617 of the State Enviromental Review Act and finally it is recommended that additional language be added that no building permit shall issued until the Town Board and Planning Board issue approvals. The Planning Board recommends approval of the proposed local law with the aforementioned provisions." I have a memo dated March 17th from the Suffolk County Department of Planning, "Pursuant to the requirements of the Suffolk County Administrative Code, this application which has been submitted to the County PlanningCommission is considered to be a matter for local determination as there is no apparent county wide impact." I have a note that it has appeared on the Town Clerk's bulletin board outside here and I have a copy of the legal that was in the local newspaper. I have the SEQRA for this proposed local law done by McLean Associates, a lengthy draft with all the forms filled out. And I believe that those are the only substantive comments I have on this proposed local law. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this specific local law? John? This is for the transfer, it is not for the wind technology. Would anybody like to come up? (No response) Can I get a motion to close? This hearing was closed at 5: 16 PM RESULT: CLOSED [UNANIMOUS) MOVER: Louisa P. Evans, Justice SECONDER: Daniel C. Ross, Councilman A YES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell 2. Tuthill Set Public Hearing 5/22/07 4:50 PM COMMENTS - Current Meeting: This hearing was opened at 5:16 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of South old hereby sets Tuesdav. Mav 22. 2007. at 4:50 p.m.. Southold Town Hall. 53095 Main Road. Soutbold. New York as the time and place for a public hearin!!: for the purchase of a development ri!!:hts easement on property owned bv Hallock E. Tuthill. Said property is identified as part ofSCTM #1000-101-2-22. The address is 4508 Alvah's Lane in the A-C zoning district and located approximately 813 feet southeasterly from the intersection of County Road 48 and Alvah's Lane in Cutchogue, New York, sharing its northwesterly boundary with LIRR. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 5"= acres (subject to survey) of the Page 48 May 22, 2007 Southold Town Board Board Meeting Minutes 7. H acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $72,000 (seventy-two thousand dollars) per buildable acre for the 5"= acre easement plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value, and as an aquifer recharge area; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel ofland is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have a notice that this has appeared as a legal outside on the Town Clerk's bulletin board. It has appeared as a legal in the local newspaper and I have a short environmental assessment form, all filled out and finalized. There is nothing else. SUPERVISOR RUSSELL: Would anybody like to come up before the Town Board and address us on this issue? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi, I am Melissa Spiro. As mentioned, this is a Town purchase or recommendation for a Town purchase on a 5 acre farm. The Land Preservation Committee doesn't generally recommend the purchase of development rights easements on parcel of this size, however, as you can see or maybe you can't see on the map, this parcel is adjacent to and in the vicinity of several other parcels where we have already purchased the development rights, either the Town or the County. And based on its location next to these preserved parcels, the Committee felt that this farm was actually a high priority for preservation. The preservation of this particular parcel will expand that block, the block runs all the way from the Long Island Rail Road almost all the way down to Main Road and then there is preserved land across the street to the east. Both the Committee and I fully support the Town's purchase of this easement and we recommend that the Town Board proceed with the resolution to purchase the development rights easement. Of course, our land preservation efforts could not be possible without the landowners and I want to take this opportunity to thank the Tuthill's for giving us the opportunity to preserve their significant farm. The landowners are anxious to close and we hope to do so in a month or so. We have got the paperwork going to do that. So the Committee and I both ask for the Town Board's support in proceeding with this purchase. Thank you. SUPERVISOR RUSSELL: Thank you, Melissa. Would anybody else like to come up before the Town Board on this public hearing? (No response) Can I get a motion to close the hearing? This hearing was closed at 5: 19 PM RESULT: CLOSED [UNANIMOUS] Page 49 May 22, 2007 Southold Town Board Board Meeting Minutes MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell VIII. Public Comments 1. Joan Egan SUPERVISOR RUSSELL: That actually concludes the business of the Town Board, so I am going to offer the opportunity to anybody that would like to come up and address any issue. Let me just say, Mr. Skabry has been the most patient. I know you were here for the issue, so please come on up, oh, okay. Mrs. Egan? MS. EGAN: Joan Egan, Knoll Circle, East Marion. I have a nice story to start. Usually I give you hell but you might as well hear a good story. The fleet was in this weekend, you knew that? Annapolis people? And I guess they had a pretty rough crossing. Well after mass on Sunday, a midshipman lady, midshiplady, I don't know how you refer to them, was in church and somebody mentioned it to Father, he always opens the door for people to speak about whatever and this man mentioned the lady and she got up and she started talking, well, she was probably the only woman on the ship and she can't get a work in edgewise and Father couldn't stop her from talking once she got going. But it was a lovely experience because she did explain a great many things about the ship and all of that. And they did have a terribly rough crossing and blah, blah, blah and I guess they really got their feet wet. Now after our little run through about channel 22, I made some inquiries in various departments because there had been a lot of flack about it in regard to a former Supervisor using channel 22, well, you might say inappropriately or at least that is how it came across. So in order, before I would write a letter or what have you, I started making some calls to Mrs. Finnegan's office, to the police department, to Mrs. Neville's, to your office and all and the long and short of it is, we still don't have anything definitive but the one sour note in all of that, calling Mrs. Finnegan's office, she finally did get back to me, she knew she had to, was I asked an associate of hers ifhe could, they could find out and I was pretty much given the answer, it is not my job. This is a terrible attitude. SUPERVISOR RUSSELL: I don't know what the answer is, too, but the issue regarding the link, the computer link to channel 22. . . MS. EGAN: No, whether certain things about, can be mentioned on it in regard to... SUPERVISOR RUSSELL: Channel 22? MS. EGAN: Channel 22. SUPERVISOR RUSSELL: That's, I think, governed completely outside of the jurisdiction of Southold Town I believe, even though we have the point of access and broadcast from Town Hall, we are still subject to the FCC and state guidelines. So, Cablevision, what we are supposed to believe, actually monitors what we do to make sure that we don't exploit it. We certainly have been trying, we try to use it, in fact I would like to see more educational programming on it. Page 50 May 22, 2007 Southold Town Board Board Meeting Minutes MS. EGAN: Well, it was an important question to ask because as I said, it was used inappropriately before and we didn't want to make that happen again. And I think that if it isn't known by now certainly I am sure everybody sitting up knows it, that once you become associated with the Town, whether you are elected or hired, whether you be police or workers or whatever, you become public servants. And with that you should eat plenty of humility and remember that the taxpayer, for the most part, is always right. So I think we are doing a pretty good job. And when will you break ground for the animal shelter? SUPERVISOR RUSSELL: I wouldn't even hazard to guess but it is on its way, that is all I can say. Hopefully in the very near future. But there is still some work to be done, you know, it is not... MS. EGAN: It is not complete. SUPERVISOR RUSSELL: Well, this is to put the money in place. Actually, just to clarify, that, the amount of the bond that we authorized tonight, that was simply to provide a cushion. That is not, right now, the animal shelter would be about $400 less than I think we want to bond counsel for, that is to provide what we call a contingency. And we still have some economies to make and we are still working with the bidders, the low bidders and trying to find savings where we can. MS. EGAN: Good. And we are still making interest on that money that was... SUPERVISOR RUSSELL: Yes. And I also might point out and I know that this is a little bit more than I wanted to spend, right now we do have a very favorable bond rating with Wall Street. I think that, I know what our bond rating is, it is very favorable and if we are going to make this kind of expenditure I would rather do it now than wait and do this process all over again and end up costing more per square foot down the road, borrowing at a higher rate. If we are going to undertake capital projects, now is the time to do it. MS. EGAN: Good. Thank you very much. SUPERVISOR RUSSELL: Thank you. Mr. Skabry. 2. John Skabry JOHN SKABRY: My name is John Skabry, I live in Peconic. Thank you very much for giving me the opportunity to speak to you this afternoon. I would like to talk about the wind turbine law which has been tabled again. I think it is rather concise, I will just read my letter. This law will directly financially benefit, I am sorry, the law talks about 120 foot tall wind turbines on agricultural parcels greater than seven acres. This law will directly financially benefit the two farm owners on the Town Board. It is unethical that these same two Town Board members debate, discuss or vote on this proposed law change. Although the clean energy produced by wind turbines is obvious, we should also look at the down side. A 120 foot wood turbine is measured from the ground to the top of the mast. Add a potential 60 foot blade, diameter, and we are looking at a 15 story structure. The average telephone pole in front of our homes is 30 Page 51 May 22, 2007 Southold Town Board Board Meeting Minutes foot tall, 3 stories. How will these wind turbines affect the pastoral beauty of our Town? What will be the economic impact of tourism, restaurants, motels, B & B's and real estate values? How does our Architectural Review Board feel about wind turbines? How do our landscape artists feel about wind turbines? What effect do wind turbines have on our resident song birds and bats? Should wind turbines (inaudible) on international bird migration routes? How will the thousands of night migrating birds, songbirds, avoid the turbines? How many wind turbines could potentially be erected in Southold? Why did East Hampton town have LIPA remove their experimental wind turbine and prevent any further construction and what can we learn from this study? Will the electricity generated be restricted to the agricultural operation? Will the electricity generated be used to air-condition 10,000 square foot tasting rooms with 20 foot high ceilings? Will the electricity be used for the residents? If so, why restrict wind turbines to agricultural zones? Why permit a 15 story wind turbine 130 feet from an adjacent land owners home and what is the fall zone in a hurricane? Who will inspect the maintenance 5, 10,20 years from now to prevent a turbine blade from slicing through a neighbors roof as they sleep in a nor- easter? How will our neighbors sleep with their windows open listening to the industrial noise of this turbine? Does the federal aviation administration presently require aircraft warning lights? Can lights be mandated in the future? Some brief quotations on wind turbines. The Sierra Club, "Cuisinarts of the air" California Energy Commission, "Unable to see the whirling blades, the birds fly into the turbine and get chopped up. Nearly 1/3 of them golden eagles, red tailed hawks, American kestrels, burrowing owls and other raptors." USA Today, "Toilet brushes in the sky draw fire when they are planned in areas prized for their pristine landscapes." Wildlife biologist Linda Spiegel, energy specialist, California Energy Commission, "Anytime you put up wind turbines, you are going to kill birds." My dear Town Board members, would you like to look at your neighbors IS story wind turbine shading your backyard? Will this be your legacy? Energy conservation and international diplomacy are the silver bullets that you are looking for. Let me tell you that the turbine, well first of all, farmers enjoy a tax exemption belonging to a tax district, as we all know, they pay a much lower rate on their taxes than residents do in a residential area. We are industrializing this. This law will permit farmers to construct 15 story wind turbines, generate the power and then sell it to LIP A. This is an industrial business. The wording in here is so loose, for instance, for agricultural uses but there is nothing that says that the electricity cannot be sold. As a matter of fact, it clearly states that the capacity is intended primarily to reduce on-site consumption of utility power. Primarily. Utility notification, no small wind energy system shall be installed until evidence has been given that the utility company has been informed of the customers intent to install an inter-connected customer owned generator (inaudible) shall be exempt from this requirement. This is the one that probably bugs me the most as far as its use as energy, 277-4, construction standards. 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. It is clear to me that in the future, these generators are going to be used to power the LIP A system and farmers who enjoy a tax exemption for being farmers will be using farm property for an industrial purpose. This is a company called Skystream, they manufacture in Flagstaff, Arizona. And they build a generator, a wind generator that is a total of 35 feet, for residential use. The installer is right here on Long Island, on the east end of Long Island. And I would like to give a copy of it to each of you. we are blessed on Long Island with winds, 1 was a lineman, I worked for the IBW lineman, I went through a 4 year apprenticeship, I am a journeyman lineman. I can tell you that the wind Page 52 May 22, 2007 Southold Town Board Board Meeting Minutes is no stronger at 35 feet than it is at 125 feet. That is from 40 years of experience. I have made copies of this information on Skystream 3.7, which I would like to give to each of you. Some information, when I talked to the alternative energy committee last week and I notified them on how many birds would be killed and how many have been killed. Mr. Supervisor, you told me that the lattice type towers were the caused of the bird kills at (inaudible), where thousands of birds were killed. SUPERVISOR RUSSELL: Well, one of several learning lessons of the past 20 years of wind technology, yes. MR. SKABRY: This is from the US Department of Energy laboratory, a status of avian research at the National Renewable Energy Laboratory presented at the American Wind Energy Wind Power, and this is a, I will read directly from it. "Developing a predictive model based on the Altamont WRA data the National Renewable Energy laboratory sponsored research in the Altamont WRA, suggest that prey distribution, topographical features and gaps between turbines correlate with avian fatalities, not tower type or perching as originally thought.' So we are on the threshold of knowledge when it comes the damage that we can do to the environment. To our birds, raptors and bats. Because we are finding out this information that you received was erroneous. It is not up to date. SUPERVISOR RUSSELL: No, actually, Mr. Skabry, you came up here and you asked an awful lot of questions but then you proceeded to answer your own questions. Now the Alternative Energy Committee is going out and researching every question that you have put before them so that can have the answers for you. MR. SKABRY: I answered my own questions because I didn't receive any answers and I waited and waited. SUPERVISOR RUSSELL: You asked that night. They are researching, in fact, they communicate bye-mail every day and they are answering those, you raised legitimate concerns, they are answering them as we speak and they are going to have something for you in the near future. But I do have to tell you, a lot of the references you made were to materials 10, 15 years ago. There has been a lot, first of all, there is no, you keep talking about a 15 story tower. The size of the unit that you are allowed to install in this town would not allow for a 60 foot blade because it wouldn't be productive. It wouldn't spin, it is a smaller unit that would be less than half of the energy consumption of any nursery operation in this town. Incidentally, you are only allowed.. . MR. SKABRY: It is a 60 foot diameter I am talking about. That is a 30 foot blade. SUPERVISOR RUSSELL: Yes. The 30 foot blade, I am not sure it was going to be that large but we will talk about it. But it would be 30 feet above the mast, yes, that is 150 feet... MR. SKABRY: That is what I was told by, you have a wind tower installer who sits on that committee.. . Page 53 May 22, 2007 Southold Town Board Board Meeting Minutes SUPERVISOR RUSSELL: Right. Yeah. MR. SKABRY: That is unethical. But he is the one that answered that question, he could have put some spin on it. SUPERVISOR RUSSELL: What, what... MR. SKABRY: He could have said it differently. I asked him what size blades, so I could honestly find out what the total height of the structure is going to be. You are talking about 120 foot from the earth to the top of the mast, add the nay cell and then add the turbine length of the turbine blade. He told me it would be 30 feet. SUPERVISOR RUSSELL: Okay. Yeah, that is right. MR. SKABRY: Just about four or five years, one of our scouts in conjunction with Jim McMahon in the Town here, did an Eagle project on the reintroduction of bats on the north fork. He did a lot of study into it. It had a lot to do with the West Nile disease and he successfully reintroduced bats to the north fork. I haven't talked to him about it because he is serving overseas but personally speaking for myself, I would not like to see destruction of their environment. And I believe that a 60 foot cuisinart on every farm on the north fork creating electricity is something I don't want to look at. SUPERVISOR RUSSELL: How many rpm's per minute are the blades that you are concerned with going to be rotating at. MR. SKABRY: I haven't any idea. SUPERVISOR RUSSELL: Those are the answers, well then I think to refer to it as a cuisinart is probably a little bit difficult to suggest at this point because those are the answers that that committee is going to find out for you. But the fact that someone called it a cuisinart and they are talking about industrial sized wind technology, which is not what this law will allow is something that needs to be ferreted out by the Energy Committee. This is exactly what they are doing. They are going about trying to answer these questions now. You asked them a lot of questions and it requires research to get all those answers to you and they will be doing that. But let me point out another thing, there is no net metering allowed, so that you cannot sell electric back to LIPA, you cannot sell it whether it is on the farm, you cannot sell it whether it is on your own property. You cannot sell electric back to LIP A through the wind production. MR. SKABRY: And I will tell you that that is going to end very shortly. COUNCILMAN WICKHAM: It could change. MR. SKABRY: Yes. As long as it is in an industrial area, it is a good thing. The cuisinarts of the air was written in the Sierra Club, by the Sierra Club at their web site in the January/February Page 54 May 22, 2007 Southold Town Board Board Meeting Minutes 2007 issue. That is what they called it, 'Cuisinarts of the Air'. I am going to read further from that web site. To help minimize risks that its 140 megawatt wind farm off the south shore of Long Island, New York, the Long Island Power Authority conducted an environmental assessment. There review eliminated sites near inlets and at the Island's tip at Montauk Point because of high concentrations of birds. Pending a final environmental impact statement, local conservation groups have so far supported building the project 3.6 miles off the popular Jones Beach State park. Some residents however, remain opposed on aesthetic grounds. It is not old news. It is brand new. . . SUPERVISOR RUSSELL: Wait, the aesthetic grounds, okay, I mean, on the aesthetic grounds first of all, I was actually, I had some concerns about the wind technology farm that was going to go up near Plum Island because of that very reasons because it is in the route of migrating birds. But again, we have site selection issues here that we can control. You don't, and we have been working hand in hand with people like Audubon so that we know where they are appropriate and where they are not but I think you are trying to cast this notion that we are going to have hundreds and hundreds of windmills out here, they are allowed one windmill per working farm not for seven acres, per working farm. And the 60 limit that they can produce aren't enough to satisfy one third oftheir consumption much less have enough to sell back to LIPA, further on the tax issue, factually incorrect. If you are producing electric on a farm that you can sell, than you can be taxed. There is no exemption for that by state tax law. If you have a wind production facility, even if it is on farmland, the assessors can tax you; they would tax you. There is no exemption for that. Factually incorrect. But again, the other questions, I would love to sit down with you... MR. SKABRY: I said that there property tax, I didn't say the value of... SUPERVISOR RUSSELL: No, they would not be tax exempt with an income producing feature on that property. MR. SKABRY: I thought that wind and solar energy is exempt for 15 years on taxes. SUPERVISOR RUSSELL: There is no exemption for wind technology right now, the state is proposing it. But you talk specifically to farms, there is no exemption because you are a farm, you would not get an exemption by putting wind technology or a wind turbine on your property and selling the electric. There is no exemption for that. What you suggested was, they are going to producing this electric, selling it to LIP A tax free. That does not exist under state tax law. MR. SKABRY: No, I didn't say that at all. What I said or what I intended to tell you was that they enjoy a reduction on their property tax... SUPERVISOR RUSSELL: On the farmlands. MR. SKABRY: On the farmland and that farmland will not be used for agricultural purposes... SUPERVISOR RUSSELL: Than they wouldn't enjoy the exemption. Page 55 May 22, 2007 Southold Town Board Board Meeting Minutes MR. SKABRY: .. it would be used for industrial purposes. SUPERVISOR RUSSELL: Than they wouldn't be enjoying the exemption. In order to get the exemption, you need to be an active farm. MR. SKABRY: So the minute that they start to sell power to LIPA, you will remove them from agricultural property? SUPERVISOR RUSSELL: They will become, absolutely, absolutely. Every bit that is utilized for energy production, if they are selling electric back to LIP A. Currently they cannot do that. COUNCILMAN KRUPSKI: Can I address one of the issues brought up? One of the issues you brought up, Mr. Skabry, was that there are two farmers on the Board and that it might not be appropriate for us to act on this legislation or discuss it in any way and I did have that discussion with the Town Attorney and if you look through our agenda and the legislation that we approve and go through and discuss every two weeks, you will see that most of it affects not only the farmers in the Town but everyone in the community. In fact, last meeting we approved increasing the fines for things like parking. So I would be affected if I parked in front of a fire hydrant. I approved an increase in the fine, I would be affected by that as much as everyone else. So many of these things that we vote on, we are all affected by, you just can't get away with it because you live in Town. MR. SKABRY: It is a matter of your opinion and mine differ. I believe if, how many, one of the questions I asked the agriculture, the Alternative Energy Committee was how many potential generators could be built? How many seven acre agriculture parcels are there in Southold Town? SUPERVISOR RUSSELL: It would, by operation, so you would need at least, in other words, you don't get a generator for every seven acres you have, you are allowed one generator but you need at least seven acres to come in and qualify as an operation. For instance, a gentleman in Orient that farms 200 acres is still only allowed one generator. He can't go and get a generator for every seven acres. He is allowed one. He is one ag operation. My presumption, knowing the ag industry pretty well, is there is probably about 30-35 out here that would even begin to look at this because most of the other ones, for instance, Albert's farm, they are not as energy dependent as the nursery's or the wineries. Ironically, you mentioned Tom's conflict of interest, I think Tom has probably been the most cynical of this Board on this issue of the economics of wind technology, so you know, what we are looking at is we are looking at the ag operations that have huge energy dependency. Not, it is not going to be a law that is going to help a Marty Sidor or an Albert Krupski. They are not as energy dependent, not even close to what the Keil greenhouses or VanBourgondien's might be. So if you consider all the economics, I would guess there is probably only 30 that would even look at it even to begin to think it might make fiscal sense. MR. SKABRY: I wanted that figure because Councilman Krupski told me that, he talked about Page 56 May 22, 2007 Southold Town Board Board Meeting Minutes parking issues, we all park cars but Councilman Krupski and Councilman Wickham are amongst only 30 people that would be affected by this law. SUPERVISOR RUSSELL: No, no, no. What I said is there are only about 30 ag operations that would probably even have an interest to look at this law... MR. SKABRY: Well, I asked you how many agricultural operations, how many potentially, what would be the build out? SUPERVISOR RUSSELL: Good question. MR. SKABRY: Well, I was told at the Alternative Energy Committee that it was 30. SUPERVISOR RUSSELL: They are working on, no, what I said there are about 30 that this would be a valid law for. That is exactly what I said. Because if you are Marty Sidor and you are growing potatoes or you are Albert Krupski and you are growing pumpkins, you are not going to spend the kind of money it would take to put one of these on site. Your'ejust not using the type of energy that would make it economically efficient for you for the next 10 years or the next 100 years. But if you were more energy dependent, for instance, if you are a climate controlled environment, you are a nursery container stock that is dependent on cooling and heating and all of those things, this might have some interest to them. It is not going to have interest to the traditional farmers who just don't simply use enough electric to make this type of incentive work for them. COUNCILMAN KRUPSKI: However, I do see the merit in exploring different forms of energy. Everyone wants convenience, everybody wants to push the button on the wall and the lights to come on and the heat to come just right but a lot of people don't want to see the infrastructure, they don't want power plants, they don't want to go overseas, to send our young people over there to die for oil but they don't want to see a windmill here or either because that might be offensive. So you have got to reach, you have got to figure out in this country where we want our energy to come from, at some point. SUPERVISOR RUSSELL: Let me suggest... MR. SKABRY: And that has been my business for my entire life. And people don't care, they want to push the toaster down in the morning and they don't care if (inaudible) dumps it on the front lawn. They want their electricity and we are not going to conserve anything by building these wind turbines. People are not going to conserve. When the Long Island Power Authority was created and LILCO was thrown out, they reduced the rates by 10% and everybody saw that, saw into the future that everything looks green and rosy and they went out and bought air conditioners and look what the load is now. We spent, we spent how many, you can ask LIPA for the kwh and d readings of the four substations that are in this Town and watch the consumption go up, not so much by population as it did by the fact that we were lowering the rates. They lowered the rates, they froze the rates. People just went out and bought air- conditioners. Page 57 May 22, 2007 Southold Town Board Board Meeting Minutes SUPERVISOR RUSSELL: What I would recommend.... MR. SKABRY: Forty years ago, when I moved into my house, I put 24 inches of insulation into the roof of my house. It has paid back many, many times over. I can tell you some of the radical ideas that I have. You should be able to walk into Home Depot and if you have a residential tax bill in your hand, the government should give you that insulation. Because it comes back to us in our non-dependence on foreign countries. COUNCILMAN WICKHAM: Mr. Skabry, I will be very interested in our Energy Committee's response to your list of questions. SUPERVISOR RUSSELL: Right. And that, but they are working on it. I know their response might not have been as fast as you would like but they are a voluntary group who is taking your, the issues you raised very seriously and they are running around very diligently researching everything you raised at the hearing a week or so ago. MR. SKABRY: Okay. I can appreciate that. This is municipal documentation that I have from Otsego County in Michigan. One of my colleagues, a journeyman who travels in the different local sent it to me. I am just going to give you a few excerpts. "Each wind turbine shall be set back from any adjoining lot line a distance equal to 2,600 feet. Scenic areas, including parks, highway, recreational areas and others as determined by the county and township shall have a setback of not less than one mile. Maximum noise levels, (your legislation calls for 60 db's-that documentation that I gave you on the 35 foot wind towers, they produce 35 db's, that is about the sound that I am producing right now talking to you at a distance of 100 feet, it would barely be audible) Your Energy Committee gave you a law to pass almost double what this 35 foot generator will create. Maximum noise levels at the boundary of the proposed site, 40 dba's. They didn't even talk, you law doesn't talk about impulsive sound. A commercial wind energy facility shall not be operated so that impulsive sound below 20 hertz adversely affects the habitability or use of any dwelling unit, hospital, school, library, nursing home or other sensitive noise receptor. Endangered or threatened species, development and operation or a commercial wind energy shall have no significant adverse impact on endangered or threatened fish, etc, etc or wildlife. Migratory birds, development and operation of a commercial wind energy facility shall not have an adverse impact on migratory birds. This is from one in Massachusetts, the owner shall be responsible; that is another thing that your law doesn't talk about, if I complain about the noise of a 120 foot wind generator, 130 feet from my house, it is my responsibility to have the measurements done. The burden of proof should be on the installer. Shadow flicker, very hard to explain but it is a shadowing or flicker impacts, it is like a strobe light type of flicker and when you are sitting under a 120 foot wind tower, once again 130 feet from your arm chair in the back yard, looking at this pulsing thing; it is a 60 foot in diameter blade, that is what we are talking about and we came so close to passing a law that would allow this. SUPERVISOR RUSSELL: Can you give us an opportunity to revisit with the Alternative Energy Committee? To go over their findings, based on the questions you raised? MR. SKABRY: Sure. I would like to leave these with you, too. Page 58 May 22, 2007 Southold Town Board Board Meeting Minutes SUPERVISOR RUSSELL: Sure. MR. SKABRY: I get a little heated but my heart is in the right place because I love this Town like nothing that you could ever experience. Coming home on that North Road after a days work and hitting the four lane highway and seeing those open plains for 40 years; I never want to lose it. Thank you for giving me a chance to speak to you. SUPERVISOR RUSSELL: That is a fair statement. Thank you very much. Nick? 3. Nicholas Tsounis NICHOLAS TSOUNIS: I am Nicholas Tsounis, Daisy Road, Mattituck, New York. I just wanted to wish everybody on the Town Board a good Memorial Day and I am sure the whole Town wishes all the veteran's and memorial the best on Memorial Day as I am sure the whole Town Board does, too. Thank you. SUPERVISOR RUSSELL: Thank you very much. Would anybody else like to address the Town Board? (No response) Can I please get a motion to adjourn? 4. Councilman Wickham COUNCILMAN WICKHAM: I would like to make a brief comment about the animal shelter, which has been on subject. Scott referred to me today about being a little skeptical about the windmills and the power turbines and I have been but I have been a long term proponent of having an animal shelter built here and today the Board did take several votes that are finally, I think, going to make all of that possible. I would like to thank the key people who really did the work on it. We had design professionals, Design Learned from Connecticut, we had architects here from Long Island. Our Town Engineer did a lot of work on it and the Town Board, I am grateful for those people who voted for it tonight on the Board here. The funding to put this in place will be about $3,000,000 which is more than we had earlier appropriated but when you add to what we had appropriated before a trust account held in the Town specifically for the purposes of building that animal shelter, those numbers are very close to being what the costs are. We increased the bond today in order to provide for contingencies. Every big municipal contract there are contingencies, so we had to put those monies in place legally before we could award the bid and today was basically the last date that we could award those bids. I am grateful for it but I think we should continue to look for ways to finance this so that it doesn't all fall to taxpayers in the Town of Southold. Most municipalities who have built animal shelters in recent years have relied heavily on private fundraising. Private contributions from people who really want to help put in place a good, state of the art animal shelter that will provide quality care for animals. This Town is no exception. I have spoken personally with lots of people who would like to make major contributions to make it possible. And I believe in the coming weeks and months, there will be people out there and organizations that will help raise the funds. The Town already has a trust account specifically to hold funds to build an animal shelter that could be a repository for that kind of fund raising. So I am hopeful that this will take place and we will make it possible for the shelter to be built at less than the total monies that we have provided for today in our bond. Page 59 May 22, 2007 Southold Town Board Board Meeting Minutes SUPERVISOR RUSSELL: Anybody else? 5. Councilman Ross COUNCILMAN ROSS: I would just, I would like to add that basically certain of the responsibilities that are going to be met by the animal shelter, the Town is required by state law to provide and the state law also allows the township to contract those responsibilities out which Southold has taken advantage of. I think Southold is the only town I am aware of in the state that has such a contract and has had one for some 20 years and as a result, this service has been provided much cheaper than had it been provided through normal municipal channels. And we have many volunteers and as such, we have been saving money for 20 years. What this animal shelter is going to cost, as the Supervisor said and as Councilman Wickham said, is much more than we would like to pay but the price isn't going down and it was time to get this done and I am also aware of numerous possibilities out there for funding, private funding and I hope with these steps that that money will step forward at this time and I am confident that it will, so I am looking forward to starting this project. Thank you. SUPERVISOR RUSSELL: Anybody else? (No response) Motion to adjourn. IX. Closine 1. Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOL YED that this meeting of the Southold Town Board be and hereby is declared adjourned at 6:00 P.M. . . . . . .~ Eliz eth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS) MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Page 60