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Home My WebLink AboutTB-08/28/2007 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES August 28, 2007 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, August 28, 2007 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 7:30 PM with the Pledge of Allegiance to the Flag. I. Reports 1. Recreation Department July 2007 2. Justice Evans July 2007 3. Justice Bruer July 2007 4. Program for the Disabled July 2007 5. Board of Trustees July 2007 6. Justice Price July 2007 II. Public Notices 1. Application to US Army Corps of Engineers August 28, 2007 Page 2 Minutes Southold Town Board Meeting Elizabeth Wolff to construct timber deck and stairs and replace bulkhead, Hog Neck Bay, Southold 2. Liquor License Renewal with NYS Liquor Authority Stepfal Restaurant Corp d/b/a Village Pizza, 13500 Main Road, Mattituck Costello di Borghese LLC, 17150 County Road 48, Cutchogue 3. SC Dept of Health - Public Hearing September 11, 2007 3-5 pm, Riverhead III. Communications IV. Discussion 1. 9:00 Am - East End Rural Transit Margaret Brown Hank de Cillia 2. Natural Resource Department 3. 10:00 Am - Mattituck Stakeholders Charlie Zaloom 4. 10:30 Am - New Suffolk Stakeholders Tom Samuels 5. Request of Verification of Water for CFD 6. $4 Million Land Preservation Bond 7. Reports on Plum Island Scoping Session Per Supervisor Russell 8. 12:30 Pm Executive Session Property Acquisition - Melissa Spiro 9. Code Committee Report Noise Control Affordable Housing 10. Shellfish Code Closures per Councilman Krupski August 28, 2007 Page 3 Minutes Southold Town Board Meeting 11. Reschedule Next Meeting Date Next meeting date is 9/11 12. A Local Law In Relation to Shellfish and Other Marine Resources per Supervisor Russell 13. Executive Session Property Acquisition 14. Executive Session Labor/Litigation 15. Executive Session Litigation Call to Order 7:30 PM Meeting called to order on August 28, 2007 at Meeting Hall, 53095 Route 25, Southold, NY. 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 Absent Scott Russell Town of Southold Supervisor Present Elizabeth A. Neville Town of Southold Town Clerk Present Kieran Corcoran Town of Southold Assistant Town Attorney Present Pledge of Allegiance Opening Statements Supervisor Russell SUPERVISOR RUSSELL: Okay, would everybody please rise and join with me in the Pledge of Allegiance to the Flag. Before we start the meeting, just some clarifications. I know some of you are here specifically for public hearings, about certain topics. You will have opportunities to address the Town Board on those public hearings later in the course of the meeting. At the end of the meeting, some of you are here for issues that might not be on the agenda, that would be your opportunity to come up and address the Town Board. In the meantime in the beginning, does anybody have any issue as it appears on the agenda, to share with the Town Board? Any issue or objection to raise? Mrs. Egan? Joan Egan, East Marion August 28, 2007 Page 4 Minutes Southold Town Board Meeting JOAN EGAN: Joan Egan, East Marion. Good evening everybody. And of course, I always ask the same question, I hope at least 50 % of you up there reviewed all the justices reports from the court? Even 50 % of you. It should be basically 100 %. Are you going to, item 695, you are going to go ahead with the 9/11? SUPERVISOR RUSSELL: Yes. It was discussed at the Town Board today and it is a regular work day throughout the country, so the Town Board felt we should just go ahead and have the Town Board meeting. MS. EGAN: Okay, that is fine. Now, with the 696, I think this will come under the public work from 697 that is in regard to the recreation center and the ceiling needs to be washed down once they get the roof on. The ceiling looks terrible.. SUPERVISOR RUSSELL: We are replacing it. MS. EGAN: Oh, the ceiling? SUPERVISOR RUSSELL: Yeah, we are replacing the ceiling. MS. EGAN: What about the floor? SUPERVISOR RUSSELL: We are replacing the floor, the ceiling, and updating the bathrooms. But that all has to come after the roof is fixed. MS. EGAN: Good. Now, on item 700 that is the police department and we have spent quite a bit of money there and I certainly, for their vehicle maintenance and repairs, that is $50,000 and you know, with those cameras in the car, I hope they are taking good care of them and I think the general public, if they don’t know it, should know that many of our police officers also serve as firefighters. And we should be very proud of them. People should know that. What is item 703 about? SUPERVISOR RUSSELL: That is ongoing litigation that has been around since the beginning of all time. This is the continuation to engage Frank Isler who is special counsel for a lot of specific matters, for a legal issue with regard to the name that appears and the Trustees. MS. EGAN: You are not going to tell us what it is about? SUPERVISOR RUSSELL: I, it would take two days. Come in and I will sit down, this is an ongoing, there is so many different aspects to this legislation. MS. EGAN: Okay. COUNCILMAN KRUPSKI: You make it sound simple, Scott. SUPERVISOR RUSSELL: It has been around as long as Albert has. August 28, 2007 Page 5 Minutes Southold Town Board Meeting MS. EGAN: Now item 706, you approved the agreement of the CSEA. Now is that for all of the unions, all of it? SUPERVISOR RUSSELL: It was a specific grievance by a specific union member. Filed a grievance against an action of the Town. We have resolved the issue with them and it was resolved and settled amicably. This is, we have to back that up with Town resolution. MS. EGAN: Good. What about 714 or will this come under some of the part of the public hearing? SUPERVISOR RUSSELL: That would be an item to discuss at a public hearing. MS. EGAN: Okay. That does it, thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? Frank Carlin, Laurel FRANK CARLIN: Is this for resolutions or anything on the agenda? SUPERVISOR RUSSELL: This is for the resolutions. You are welcome to come in on the other items but I will remind you that for the public hearings, we will have an opportunity, the public will have an opportunity to address those specific topics at those hearings. MR. CARLIN: Inaudible SUPERVISOR RUSSELL: I would prefer that…. MR. CARLIN: Inaudible SUPERVISOR RUSSELL: Absolutely. That would be at the end of the meeting, we will have the opportunity for the public to speak on any issue. MR. CARLIN: Inaudible SUPERVISOR RUSSELL: Would anybody else like to address the agenda items? (No response) Alright, hearing none, let’s move forward. Minutes Approval RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, May 08, 2007 August 28, 2007 Page 6 Minutes Southold Town Board Meeting Vote Record - Acceptance of Minutes for May 8, 2007 7:30 PM ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ???????? William P. Edwards Seconder ? Accepted ?????????? Accepted as Amended Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Initiator ???????? Louisa P. Evans Voter ???????? Scott Russell Voter RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, June 05, 2007 Vote Record - Acceptance of Minutes for June 5, 2007 7:30 PM ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ???????? William P. Edwards Voter ? Accepted ???????? ??Daniel C. Ross Seconder Accepted as Amended ?? Tabled ???????? Thomas H. Wickham Initiator ???????? Louisa P. Evans Voter ???????? Scott Russell Voter RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, May 29, 2007 Vote Record - Acceptance of Minutes for May 29, 2007 7:00 PM ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ???????? William P. Edwards Voter ? Accepted ?????????? Accepted as Amended Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Initiator ???????? Louisa P. Evans Voter ???????? Scott Russell Voter V. Resolutions 2007-694 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit Dated 8/28/07 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby August 28, 2007. Vote Record - Resolution RES-2007-694 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2007-695 CATEGORY: Set Meeting August 28, 2007 Page 7 Minutes Southold Town Board Meeting DEPARTMENT: Town Clerk Next Meeting 9/11/07 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, September 11, 2007 at the Southold Town Hall, Southold, New York at 4:30 P. M.. Vote Record - Resolution RES-2007-695 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Seconder ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2007-696 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Recreation Hire Fall Instructors RESOLVEDauthorizes and directs that the Town Board of the Town of Southold Supervisor Scott A. Russell to execute an agreement with the following individuals for the fall 2007 recreation programs , 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 A7020.4.500.420. Martine Abitbol (French cooking)………………………………$25/hour Antoinette Beck-Witt (drawing class)..........................................$25/hour Sara Bloom (memoir writing)...................................................... $25/hour Thomas Boucher (guitar)............................................................. $30/hour Constance Case (Quilting for Beginners)……………………. $25/hour Eugenia Cherouski (folk dancing)............................................... $25/hour Doris Coniglio (knitting for beginners)……………………… $25/hour James Crosser (Youth Basketball Program)…………………… $12.50/hour Paula Croteau (baking classes)………………………………… $25/hour Shirley Darling (tennis).............................................................. $30/class Lenora Dome (belly dancing).................................................... $25/hour Martha Eagle (Aerobics).............................................................. $30/hour East End Insurance Services (Defensive Driving)..................... $30/person Glen Franke (Youth Night Program)……………………………$25/hour Jill Franke (Youth Night Program)……………………..……… $25/hour Mike Furst (beginner computer)................................................. $25/hour August 28, 2007 Page 8 Minutes Southold Town Board Meeting Kathy Gadomski (Youth Night Program)……………………… $25/hour Tom Gadomski (Youth Night Program)……………………… $25/hour Bill Gatz (Youth Basketball Program)………………………… $25/hour Dan Gebbia (dog obedience)..................................................… $55/dog Carol Giordano (Baton)................................................................$25/class Elizabeth Hagen (Senior Safety)...………………………………$25/hour Rebecca Johnson (volleyball)……………………………………$25/hour Jean Jung (Plant Talk)……………………………………………$25/hour Rosemary Martilotta (hatha yoga)…………………………….....$55/class Rosemary McKinley (Study Skills/Financial Inventory)……… $25/hour Judy McCleery (Digital Photography)………………………… $25/hour Cynthia Mignone (Youth Night Program)……..………….. ….. $25/hour Elizabeth Morrison (childbirth class)……………………………$25/hour Theresa Pressler (youth programs)………………………………$25/hour Riverside Gymnastics (youth gymnastics)................................. $60/person Connie Rosnack (Youth Night Program)……..…………………$25/hour Candice Schott (Youth Night Program)……..…………………..$25/hour Megan Schutt (Youth Night Program)……..……………………$25/hour Laurie Short (aerobics classes)................................................... $25/hour Touch Dancing Studios (ballroom dancing)…………………… $54/person Heather Walker (cheerleading)………………………………… $25/hour Vote Record - Resolution RES-2007-696 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? William P. Edwards Seconder ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2007-697 CATEGORY: Authorize to Bid DEPARTMENT: Public Works Southold Recreation Center Improvements RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for “Southold Recreation Center Improvements – Roof, Siding, Windows and Doors”, in accordance with the plans and construction specifications prepared by L. K. McLean Associates, P. C. August 28, 2007 Page 9 Minutes Southold Town Board Meeting Vote Record - Resolution RES-2007-697 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ? Adopted ???????? William P. Edwards Initiator ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2007-698 CATEGORY: Budget Modification DEPARTMENT: Community Development CDBG Budget Mod RESOLVEDmodifies the 2003 & 2005 that the Town Board of the Town of Southold hereby Community Development Block Grant Program Budgets as follows: From: Cutchogue Drainage Project FY 2003 $5,000 To: Home Improvement Program FY 2005 $5,000 Vote Record - Resolution RES-2007-698 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ??William P. Edwards Seconder Adopted as Amended ?????????? Defeated Daniel C. Ross Initiator ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2007-699 CATEGORY: Budget Modification DEPARTMENT: Public Works Planning Office - Director RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby General Fund Part-Town Planning Board Budget as follows: From: B.8020.1.100.100 Planning, Personal Services Full-Time Regular Earnings $750 To: August 28, 2007 Page 10 Minutes Southold Town Board Meeting B.8020.2.100.200 Furniture & Furnishings Tables, Desks $600 B.8020.2.100.300 Furniture & Furnishings Chairs $150 Vote Record - Resolution RES-2007-699 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ??William P. Edwards Voter Adopted as Amended ?????????? Defeated Daniel C. Ross Seconder ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2007-700 CATEGORY: Budget Modification DEPARTMENT: Police Dept Modify the 2007 General Fund Whole Town Budget - Police RESOLVEDmodifies the 2007 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.1990.4.100.200 Police Retirement Reserve $50,000.00 To: A.3120.4.400.650 Vehicle Maintenance & Repairs $50,000.00 Vote Record - Resolution RES-2007-700 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2007-701 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWD Budget Mods Aug 07 RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby Solid Waste District budget as follows: August 28, 2007 Page 11 Minutes Southold Town Board Meeting From: SR.8160.4.400.805 MSW Removal $ 5,360.00 To: SR.8160.2.500.600 Misc. Sanitation Equipment $ 100.00 SR.8160.4.100.500 Motor Vehicle Glass 500.00 SR.8160.4.100.630 Maint/Solid Waste Coord. Vehicle 500.00 SR.8160.4.100.995 Signage 2,000.00 SR.8160.4.400.610 Vending Machine Maintenance 250.00 SR.8160.4.400.625 Tire Repair 2,000.00 SR.8160.4.500.300 Equipment Lease – Whole Town 10.00 Vote Record - Resolution RES-2007-701 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ? Adopted ???????? ??William P. Edwards Initiator Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2007-702 CATEGORY: Grants DEPARTMENT: Land Preservation NYS AG & MKTS GRANT PROPOSAL - Preservation RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Land Preservation Coordinator Melissa Spiro to submit a proposal to the New York State Department of Agriculture and Markets to solicit State assistance from the 2007-2008 Farmland Protection Implementation Grant (FPIG) Program. Vote Record - Resolution RES-2007-702 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ??William P. Edwards Seconder Adopted as Amended ?? Defeated ???????? Daniel C. Ross Initiator ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2007-703 CATEGORY: Litigation DEPARTMENT: Town Attorney August 28, 2007 Page 12 Minutes Southold Town Board Meeting Retain Special Counsel In Zupa Litigation RESOLVEDretains Frank A. Isler as that the Town Board of the Town of Southold hereby Special Counsel in the matter of Zupas, et al. v. Board of Trustees of the Town of Southold, et al., which action was filed on July 31, 2007. Vote Record - Resolution RES-2007-703 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ??William P. Edwards Voter Adopted as Amended ?????????? Defeated Daniel C. Ross Seconder ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2007-704 CATEGORY: Employment - Town DEPARTMENT: Accounting Change Start Date for David Doroski RESOLVEDchanges the appointment that the Town Board of the Town of Southold hereby th date for Auto Equipment Operator David A. Doroski from June 21, 2007 to August 30 2007. (amends resolution 2007-506) Vote Record - Resolution RES-2007-704 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? ??William P. Edwards Voter Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2007-705 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney ZBA Court Reporter RESOLVEDauthorizes Erika Nadeau that the Town Board of the Town of Southold hereby Court Reporting and Transcription, pursuant to their Proposal dated August 27, 2007 , for court reporting services for the Zoning Board of Appeals of the Town of Southold, subject to the review of the Town Attorney. August 28, 2007 Page 13 Minutes Southold Town Board Meeting Vote Record - Resolution RES-2007-705 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ? Adopted ???????? ??William P. Edwards Initiator Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2007-706 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Approves the Agreement Between the CSEA and the Town of Southold RESOLVEDapproves the agreement that the Town Board of the Town of Southold hereby between the CSEA and the Town of Southold dated August 27, 2007. Vote Record - Resolution RES-2007-706 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ??William P. Edwards Seconder Adopted as Amended ?????????? Defeated Daniel C. Ross Initiator ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2007-707 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Proposal Dated August 20, 2007, Between the Town of Southold and Diversified Technology Consultants RESOLVED authorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Proposal dated August 20, 2007, between the Town of Southold and Diversified Technology Consultants , in connection with the Fishers Island Sewer District, regarding emergency upgrades of the Pump Station, generator replacement and leaching field repairs, at a cost not to exceed $10,900.00, subject to the approval of the Town Attorney. August 28, 2007 Page 14 Minutes Southold Town Board Meeting Vote Record - Resolution RES-2007-707 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2007-708 CATEGORY: Seqra DEPARTMENT: Town Attorney F.I. Sewer District Proposed Improvements Type II RESOLVEDproposed that the Town Board of the Town of Southold hereby finds that the improvements to the Fishers Island Sewer District Pump Station is classified as a Type II Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. Vote Record - Resolution RES-2007-708 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? William P. Edwards Seconder ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2007-709 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Clerk Public Hearing Call to Order FISD Bond A regular meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York, held at the Town Hall, 53095 Main Road, Southold, in said Town, on the th 28 of August, 2007. PRESENT: Hon. Scott A. Russell, Supervisor Louisa P. Evans, Justice William P. Edwards, Councilperson Thomas H. Wickham, Councilperson Daniel C. Ross, Councilperson August 28, 2007 Page 15 Minutes Southold Town Board Meeting Albert J. Krupski, Jr., Councilperson -------------------------------------------------------------X In the Matter : of the : Increase and Improvement of Facilities of the Fishers Island Sewer : ORDER CALLING PUBLIC District, in the Town of Southold, in the HEARING TO BE HELD ON County of Suffolk, New York pursuant to : SEPTEMBER 25, 2007 at 7:35 pm Section 202-b of the Town Law. ------------------------------------------------------------X RECITALS WHEREAS, the Town Board of the Town of Southold (herein called “Town Board” and “Town”, respectively), in the County of Suffolk, New York, on behalf of the Fishers Island Sewer District, has caused Diversified Technology Consultants., Inc., competent engineers duly licensed by the State of New York, to prepare a map, plan and report for the proposed sewer improvements, consisting of various upgrades to the wastewater pump station, the installation of a generator to replace the existing generator, installation of a propane tank, including the construction of the foundation therefore, the removal and replacement of the underground diesel fuel tank and reconstruction of the leach field pipe and other work related, appurtenant and supplemental thereto, including any original equipment, machinery, and apparatus required therefor (the “Sewer Improvement”), and pursuant to the direction of the Town Board, the Engineer has completed and filed with the Town Board such map, plan and report of the Sewer Improvement and has estimated the total cost of such increase and improvement of facilities to be $125,000; and WHEREAS, the Town Board has given due consideration to the impact that the Sewer Improvement may have on the environment and, on the basis of such consideration, the Town Board had found that no substantial adverse environmental impact will be caused by the Sewer Improvement; and WHEREAS, the Town Board and the Town have complied in every respect with all applicable federal, state and local laws and regulations regarding environmental matters, August 28, 2007 Page 16 Minutes Southold Town Board Meeting including compliance with the New York State Environmental Quality Review Act, constituting Article 8 of the Environmental Conservation Law; and WHEREAS, the maximum amount proposed to be expended for the construction of the Sewer Improvement is estimated to be $125,000, which is planned to be financed by the issuance of serial bonds of the Town and the levy and collection of assessments upon the several lots and parcels of land within the Sewer District which the Town Board shall determine to be especially benefited by the Sewer Improvement, so much upon and from each as shall be in just proportion to the amount of benefit which the Sewer Improvement shall confer upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable; and WHEREAS, the annual cost of operation and maintenance of said Sewer Improvement shall be paid with a charge upon the entire area of the Town outside of any villages and shall be levied and collected in the same manner and at the same time as other Town charges; Now, therefore, be it ORDERED, that the Town Board shall meet and hold a public hearing at the Town Hall, 53095 Main Road, Southold, New York, in the Town, on the 25th day of September, 2007, at 7:35 o’clock P.M. (Prevailing Time) to consider the construction and implementation of the Sewer Improvement, at which all persons interested in the subject thereof may be heard concerning the same, and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it FURTHER ORDERED, that the Town Clerk (i) publish at least once in “THE SUFFOLK TIMES” and newspaper published in Mattituck, in the Town of Southold and hereby designated as the official newspaper of the Town for such publication; (ii) conspicuously post on the bulletin board of the Town Clerk, maintained pursuant to subdivision 6 of Section 30 of the Town Law, a copy of this Order certified by said Town Clerk; and (iii) mail by first class mail to each owner of taxable real property in the Sewer District, the Notice of such public hearing in substantially the form attached hereto designated Exhibit “A”; the first publication, posting and mailing to be not less than ten (10) nor more than twenty (20) days before the day set and designated herein for said public hearing as aforesaid, DATED: August 28, 2007 August 28, 2007 Page 17 Minutes Southold Town Board Meeting TOWN BOARD OF THE TOWN OF SOUTHOLD Exhibit A NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold, in the County of Suffolk, State of New York, will meet at the Town Hall, 53095 Main Road, Southold, New York, in the Town, on the 25th day of September, 2007, at 7:35 o’clock P.M. (Prevailing Time), for the purpose of conducting a public hearing to consider to the proposed increase and improvement of facilities of the Fishers Island Sewer District, consisting of various upgrades to the wastewater pump station, the installation of a generator to replace the existing generator, installation of a propane tank, including the construction of the foundation therefore, the removal and replacement of the underground diesel fuel tank and reconstruction of the leach field pipe and other work related, appurtenant and supplemental thereto, including any original equipment, machinery, and apparatus required therefor (the “Sewer Improvement”), at the estimated total cost of $125,000. At said public hearing, the Town Board will hear all persons interested in the subject matter thereof concerning the same and for such other action on the part of the Town with relation thereto as may be required by law. Dated: August 28, 2007 Southold, New York Vote Record - Resolution RES-2007-709 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ? Adopted ???????? ??William P. Edwards Initiator Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2007-710 CATEGORY: Bond DEPARTMENT: Town Clerk Final Call to Order FISD August 28, 2007 Page 18 Minutes Southold Town Board Meeting A regular meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York, held at the Town Hall, 53095 Main Road, Southold, in said Town, on the th 28 of August, 2007. PRESENT: Hon. Scott A. Russell, Supervisor Louisa P. Evans, Justice William P. Edwards, Councilperson Thomas H. Wickham, Councilperson Daniel C. Ross, Councilperson Albert J. Krupski, Jr., Councilperson ---------------------------------------------X In the Matter of the Establishment of the Fishers Island Sewer District: in the Town of Southold, in the County of Suffolk, New York, pursuant to Article 12-A the Town Law. ---------------------------------------------X FINAL ORDER ESTABLISHING DISTRICT WHEREAS, the Town Board of the Town of Southold (herein called “Town Board” and “Town”, respectively), had heretofore caused to be prepared a general map and plan relating to the establishment of the Fishers Island Sewer District (the “District”), and the improvement of the facilities of said District, consisting of construction of a secondary treatment system connected to private mains, which map and plan were duly filed in the office of the Town Clerk of the Town for public inspection; and WHEREAS, pursuant to the order of the Town Board dated June 21, 1977, a public hearing upon the question of such establishment of the District was held on July 12, 1977 at 11:00 o’clock A.M. (Prevailing Time); and August 28, 2007 Page 19 Minutes Southold Town Board Meeting WHEREAS, the Town Board adopted a conditional order on November 10, 1977, reciting a description of the boundaries of the District in a manner sufficient to identify the lands included therein as in a deed of conveyance, the improvements proposed, the fact that the cost of the establishment and improvement of the District and facilities shall be at no cost to the Town and shall be paid entirely by the owners of the real property within said District or from additional sources, the fact that a map and report describing the same are on file in the Town Clerk’s office for public inspection; and WHEREAS, following publication and posting of certified copies of said Order pursuant to Article 12-A of the Town Law and after a public hearing duly held by the Town Board at the time and place herein referred to, the Town Board, by resolution duly adopted November 10, 1977, determined that the notice of public hearing was published and posted as required by law, and is otherwise sufficient, that all the property and property owners within the proposed District are benefited thereby, that all the property and property owners benefited are included within the limits of the proposed District, that it is in the public interest to establish the District, subject to permissive referendum. Now, therefore, be it ORDERED, that the Fishers Island Sewer District is hereby established, to be known as Fishers Island Sewer District, in the Town of Southold, situate wholly outside of any incorporated village or city, and bounded and described as follows: ALL that certain parcel of land located at Fishers Island, Town of Southold, Suffolk County, New York, more particularly bounded and described as follows: BEGINNING at a point in the shore line of Fishers Island and Fishers Island Sound as same is located in Parcel No. 1 of a Quitclaim Deed between the United States of America and Race Point Corporation, recorded in the office of the Suffolk County Clerk in Liber 4615 p. 283; RUNNING THENCE South 46 degrees 58 minutes East about 408 feet to a monument; THENCE South 35 degrees 24 minutes East, 424.00 feet to a monument, both lines abutting northeasterly on land now or formerly of the Estate of S.A. Salvage; RUNNING THENCE three lines abutting southeasterly, northeasterly and northwesterly on land now or formerly of Wilmerding, South 32 degrees 36 minutes West, 465.9 feet to a monument; THENCE South 26 degrees 57 minutes East about 405 feet to a monument; THENCE North 62 degrees 26 minutes August 28, 2007 Page 20 Minutes Southold Town Board Meeting East, 687.22 feet to a monument at land now or formerly of John Wilmerding; THENCE South 31 degrees 18 minutes East, 188.41 feet and North 62 degrees 26 minutes East, 1.61 feet to a monument; THENCE South 27 degrees 34 minutes East, 25.00 feet to a monument; THENCE running the southwesterly line of Equestrian Avenue, South 76 degrees 2 minutes 30 seconds East, 58.22 feet to a drill hole at the intersection of the southeasterly line of Winthrop Drive and the southwesterly line of Equestrian Avenue (being the point of beginning of said Parcel No. 1 in Deed Liber 4615 p. 283); THENCE continuing southeasterly and northeasterly along Equestrian Avenue to its intersection with Beach Avenue described as the point or place of beginning of the st “1 Tract” in a Quitclaim Deed from the United States of America to the Town of Southold, recorded in the Suffolk County Clerk’s Office in Liber 4614 p. 296; THENCE along the southwesterly, southerly and southeasterly line of Beach Avenue the following 8 courses and distances: (1) South 47 degrees 7 minutes 40 seconds East, 514.09 feet; (2) South 84 degrees 21 minutes 15 seconds East, 345.39 feet; (3) South 78 degrees 31 minutes 10 seconds East, 281.33 feet; (4) South 81 degrees 28 minutes East, 447.94 feet; (5) South 67 degrees 38 minutes East, 342.57 feet; (6) North 77 degrees 17 minutes East, 202.32 feet; (7) North 26 degrees 2 minutes 30 seconds East, 131.81 feet; (8) North 25 degrees 36 minutes 50 seconds West, 32.38 feet; THENCE South 39 degrees 45 minutes 10 seconds East, 226.28 feet; THENCE South 39 degrees 41 minutes 40 seconds East, 64.38 feet; THENCE South 76 degrees 0 minutes West, 386 feet; THENCE South 13 degrees 20 minutes East, 107 feet to the shore of Fishers Island and Block Island Sound as same is located in the Deed aforesaid to the Town of Southold in Liber 4614 p. 296; THENCE following the meanders of said shore line in a westerly direction to the shore line of Fishers Island Sound; THENCE following the meanders of said shore line and the meanders of the shore line of Silver Eel Cove and again the meanders of Fishers Island Sound to the point or place of BEGINNING. and be it further ORDERED, that said District shall be established at no cost to the Town as hereinabove set forth in the recitals hereto; and be it further ORDERED, that within ten (10) days after adoption of this Order, the Town Clerk shall record with the Clerk of the County of Suffolk and file with the Department of Audit and Control in Albany, New York, copies of this Order, certified by said Town Clerk. August 28, 2007 Page 21 Minutes Southold Town Board Meeting Vote Record - Resolution RES-2007-710 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ??William P. Edwards Seconder Adopted as Amended ?????????? Defeated Daniel C. Ross Initiator ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2007-711 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Attorney BCI Communications Waiver Cell Moratorium BE IT RESOLVEDwill hold a public hearing that the Town Board of the Town of Southold at 4:35 p.m. on September 11, 2007, at Southold Town Hall, 53095 Main Road, Southold, New York 11971, concerning the application of BCI Communications, Inc ., as agent for Nextel of New York Inc., for a waiver of the “Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold,” and the Town Clerk is hereby directed to refer the application to the Planning Board for comment. Vote Record - Resolution RES-2007-711 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ??William P. Edwards Seconder Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2007-712 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification-Debt Service on Animal Shelter RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: From: A.9730.6.000.000 B.A.N. Principal $ 128,278.00 August 28, 2007 Page 22 Minutes Southold Town Board Meeting A.9730.7.000.000 B.A.N. Interest 1,722.00 To: A.9901.9.000.100 Transfer to Capital Fund $ 130,000.00 Vote Record - Resolution RES-2007-712 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ??William P. Edwards Initiator Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2007-713 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes Supervisor Scott A. Russell to Retain L.K. McLean Associates, P.C. to Complete an Environmental Review In Connection with the Town’s Purchase of the Peconic School Property RESOLVEDauthorizes Supervisor that the Town Board of the Town of Southold hereby Scott A. Russell to retain L.K. McLean Associates, P.C. to complete an environmental review in connection with the Town’s purchase of the Peconic School property , also known as SCTM #1000-75-1-13, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2007-713 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ? Adopted ???????? ??William P. Edwards Voter Adopted as Amended ?????????? Defeated Daniel C. Ross Initiator ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2007-714 CATEGORY: Seqra DEPARTMENT: Town Attorney LL/Amendments to Peddlers SEQRA RESOLVED“A that the Town Board of the Town of Southold hereby finds that the proposed Local Law in relation to Amendments to Peddlers, Solicitors and Transient Retail Merchants” is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself August 28, 2007 Page 23 Minutes Southold Town Board Meeting as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated August 27, 2007, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith. Vote Record - Resolution RES-2007-714 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ? Adopted ???????? ??William P. Edwards Voter Adopted as Amended ?????????? Defeated Daniel C. Ross Initiator ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2007-715 CATEGORY: Bond DEPARTMENT: Town Clerk Open Space Bond BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 28, 2007, AUTHORIZING THE ACQUISITION OF INTERESTS OR RIGHTS IN AGRICULTURAL LANDS, INCLUDING DEVELOPMENT RIGHTS IN OPEN AGRICULTURAL LANDS; PROVIDED, HOWEVER, THAT NO SUCH INTERESTS OR RIGHTS IN SUCH AGRICULTURAL LANDS SHALL BE ACQUIRED UNTIL ALL RELEVANT PROVISIONS OF THE STATE ENVIRONMENTAL QUALITY REVIEW ACT HAVE BEEN COMPLIED WITH AND A FINAL DECLARATION AS TO ENVIRONMENTAL IMPACT HAS BEEN DULY DECLARED; STATING THE ESTIMATED MAXIMUM COST THEREOF IS $4,000,000; FURTHER AUTHORIZING THE TOWN TO RESERVE THE RIGHT TO SELL, LEASE, ALIENATE OR OTHERWISE TRANSFER SUCH INTERESTS OR RIGHTS IN AGRICULTURAL LANDS HEREINAFTER ACQUIRED PURSUANT HERETO AND TO PROVIDE FINANCING FOR THE PREPARATION OF PLANS AND SPECIFICATIONS AND OTHER STUDIES RELATIVE TO THE DEVELOPMENT AND USE OF THE ACQUIRED AGRICULTURAL LANDS; APPROPRIATING SAID AMOUNT THEREFOR; AUTHORIZING THE ISSUANCE OF $4,000,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION; STATING THAT LAND INSTALLMENT PURCHASE OBLIGATIONS ARE AUTHORIZED TO BE ISSUED PURSUANT TO THIS BOND RESOLUTION; AND DETERMINING THAT THIS BOND RESOLUTION SHALL BE SUBJECT TO A MANDATORY REFERENDUM. Recitals August 28, 2007 Page 24 Minutes Southold Town Board Meeting WHEREAS, pursuant to Section 247 of the New York General Municipal Law, constituting Chapter 24 of the Consolidated Laws of the State of New York (hereinafter called “Section 247”), the Town of Southold, Suffolk County, New York (hereinafter called the “Town”), is authorized to acquire agricultural lands used in bona fide agricultural production as set forth in Section 247; and WHEREAS, such acquisition of interests or rights in agricultural land located throughout the Town must be found, determined and deemed to be necessary, in the public interest and a proper public purpose of the Town in accordance with the findings and determinations of the State Legislature as set forth in Section 247; and WHEREAS, in pursuance thereof, the Town desires to (i) implement the agricultural land acquisition and financing program hereinafter described, (ii) authorize the issuance of land installment purchase obligations for the purpose of financing the acquisition of such interests or rights in agricultural land, (iii) reserve the right to sell, lease, alienate or otherwise transfer such interests or rights in agricultural land hereinafter acquired pursuant hereto, as may be permitted by law and subject to such terms, conditions and restrictions as may be determined by the Town Board, and (iv) provide financing for the preparation of plans and specifications and other studies relative to the development and use of the acquired agricultural land, in conformity with Section 247; and WHEREAS, pursuant to §617.5(c) 21 and 27 of the New York State Environmental Quality Review Act (hereinafter called “SEQRA”), constituting Article 8 of the New York Environmental Conservation Law, this undertaking is and has been determined by the Town Board, acting as lead agency, to be a Type II action requiring no further action pursuant to SEQRA, provided, however, that no agricultural land shall be acquired and no improvements or enhancements to any Town facilities shall be undertaken pursuant to this resolution until all applicable provisions of SEQRA, have been complied with and a determination of significance has been duly declared with respect to each specific project to be undertaken hereunder; and WHEREAS, the Town Board of the Town has further determined that it is appropriate and in the best interests of the Town to submit a Proposition for the approval or August 28, 2007 Page 25 Minutes Southold Town Board Meeting disapproval of this bond resolution to the qualified voters present and voting at the Biennial Town Election to be held on November 6, 2007. Now, therefore 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 three- fifths of all the members of said Town Board) AS FOLLOWS: Section 1. The Town Board hereby finds, determines and deems the acquisition of interests or rights in agricultural land located throughout the Town for the preservation of open spaces and areas and the maintenance and enhancement of the conservation of natural or scenic resources to be necessary, in the public interest and a proper public purpose of the Town in accordance with the findings and determinations of the New York State Legislature as set forth in Section 247. Section 2. The Town is hereby authorized to acquire by purchase, gift, grant, bequest, devise, lease or otherwise, the fee or any lesser interest, development right, easement, covenant or other contractual right necessary to achieve the purposes of Section 247, in various parcels of agricultural land, including, but not limited to, development rights in open agricultural lands, within the Town, for the preservation of open spaces and areas and to maintain and enhance the conservation of natural or scenic resources, after due notice and a public hearing, pursuant to the provisions of Section 247 and applicable provisions of the Town of Southold Code, including incidental costs incurred in relation thereto; provided, however, that no such right, including the fee or any lesser interest, or development right, easement, covenant, or other contractual right in any piece or parcel of such agricultural lands shall be so acquired until all relevant provisions of SEQRA have been complied with and a final declaration as to environmental impact has been duly declared by the entity duly authorized to make such determination and declaration with respect to the specific project to be undertaken hereunder. The Town is further authorized to retain the right to sell, lease, alienate or otherwise transfer such interests or rights in agricultural land hereinafter acquired pursuant hereto, as may be permitted by law and subject to such terms, conditions and restrictions as may be determined by the Town Board, and to provide financing for the preparation of plans and specifications and other studies relative to the development and use of the acquired agricultural land, in conformity August 28, 2007 Page 26 Minutes Southold Town Board Meeting with Section 247. The estimated maximum cost of said class of objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof, is $4,000,000, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $4,000,000 serial bonds of the Town to finance 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. Section 3. Serial bonds of the Town in the principal amount of $4,000,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called “Law”), to finance said appropriation. Section 4. The following additional matters are hereby determined, stated and declared: (a) The period of probable usefulness of said class of objects or purposes, as described herein, for which the serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 (a) 21. of the Law, is thirty (30) years. (b) All or a portion of the indebtedness to be contracted by the Town for the purpose of financing the acquisition of such interests or rights in agricultural land may be issued in the form of a land installment purchase obligation or obligations pursuant to the provisions of Section 29.10 of the Law; any portion of said estimated maximum cost that is not financed by the issuance of a land installment obligation or obligations may be financed through the issuance of such bonds or bond anticipation notes issued in anticipation of the sale of such bonds. (c) 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 or purposes 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. (d) The proposed maturity of said $4,000,000 serial bonds will exceed five (5) years. August 28, 2007 Page 27 Minutes Southold Town Board Meeting Section 5. Each of the bonds and any land installment purchase obligation 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, land installment obligations, 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, land installment purchase obligations 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, land installment obligations, and any notes in anticipation of said bonds, to mature in such year and (b) the payment of interest to be due and payable in such year. Section 6. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the issuance of bonds with substantially level or declining annual debt service, Section 29.10 relative to the issuance of land installment purchase obligations and of Section 30.00 relative to the issuance of bond anticipation notes and of Sections 50.00, 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds and land installment purchase obligations herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to the execution of contracts for credit enhancements, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 7. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, August 28, 2007 Page 28 Minutes Southold Town Board Meeting and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 8. A proposition for the approval or disapproval of this bond resolution shall be submitted as a Proposition to the qualified voters of the Town at the Biennial Town Election to be held on November 6, 2007, and this bond resolution shall take effect upon the approval of the Proposition by said voters of the Town at that referendum vote. Vote Record - Resolution RES-2007-715 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ? Adopted ???????? ??William P. Edwards Voter Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2007-716 CATEGORY: Bond DEPARTMENT: Town Clerk Open Space Bond to be Submitted for Election A RESOLUTION DETERMINING AND SPECIFYING THAT A PROPOSITION RELATING TO THE ACQUISITION OF AGRICULTURAL LAND, THE FINANCING THEREOF, THE SALE, LEASE OR TRANSFER OF SUCH AGRICULTURAL LAND AND THE PREPARATION OF PLANS AND SPECIFICATIONS AND STUDIES RELATIVE TO THE DEVELOPMENT AND USE OF THE AGRICULTURAL LAND, SHALL BE SUBMITTED AT THE BIENNIAL TOWN ELECTION TO BE HELD ON NOVEMBER 6, 2007. Recitals WHEREAS, continuing development within the Town of Southold has demonstrated a compelling need to acquire agricultural land for open space in the Town to enhance the general quality of life and the environment of the Town, and thereby benefit the residents and taxpayers of the Town; and August 28, 2007 Page 29 Minutes Southold Town Board Meeting WHEREAS, New York State General Municipal Law §247 recognizes the value of agricultural lands and the need to preserve such land and, moreover, specifically empowers municipalities with the authority to acquire agricultural land to preserve such land as open space; and WHEREAS, if existing agricultural lands are to be preserved, protected and maintained, the Town must develop a cogent mechanism creating the capacity to (i) efficiently acquire agricultural land, including the fee or any lesser interest, or development right, easement, covenant or other contractual right, for the preservation of open space as the need arises and opportunities are identified and (ii) retain the right to sell, lease, alienate or otherwise transfer such interests or rights in agricultural land, as may be permitted by law and subject to such terms, conditions and restrictions as may be determined by the Town Board, and to provide financing for the preparation of plans and specifications and other studies relative to the development and use of the acquired agricultural land, in conformity with Section 247; and WHEREAS, pursuant to §617.5(c) 21 and 27 of the New York State Environmental Quality Review Act (hereinafter called “SEQRA”), this action is and has been determined by the Town Board to be a Type II action requiring no further action pursuant to SEQRA; provided, however, that no agricultural land shall be acquired and no improvements or enhancements to any Town facilities shall be undertaken pursuant to this resolution until all applicable SEQRA provisions have been complied with and a final declaration as to environmental impact has been duly determined by the entity duly authorized to make such declaration and determination with respect to the specific project to be undertaken hereunder. NOW, THEREFORE, THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES AS FOLLOWS: Section 1. At the Biennial Town Election of the Town of Southold, in the County of Suffolk, New York (hereinafter called the “Town”), to be held on November 6, 2007, the Proposition referred to in Section 2 hereof shall be submitted to the qualified voters and shall be included in the Notice of such Election. August 28, 2007 Page 30 Minutes Southold Town Board Meeting Section 2. The Town Clerk is hereby authorized and directed to give notice of submission of such Proposition at the Biennial Town Election (a) by publishing, at least ten (10) days prior to such Biennial Town Election, a Notice thereof in form and substance as hereinafter set forth, at least once in “SUFFOLK TIMES” and “NEWSDAY,” two newspapers having general circulation in the Town, and hereby designated the official newspapers of the Town for such publication, and (b) by posting, at least ten (10) days prior to such Special Town Election, on the sign-board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law. Said Notice shall be in substantially the following form: TOWN OF SOUTHOLD, NEW YORK NOTICE OF SUBMISSION OF A PROPOSITION AT THE BIENNIAL TOWN ELECTION TO BE HELD ON NOVEMBER 6, 2007 NOTICE IS HEREBY GIVEN that pursuant to the resolution duly adopted by the Town Board of the Town of Southold, in the County of Suffolk, New York on August 28, 2007, a Proposition shall be submitted to the qualified voters present and voting at the Biennial Town Election to be held on November 6, 2007 in the Town of Southold. Such Biennial Town Election shall be conducted at the time and places and in accordance with procedures determined pursuant to applicable law and by the Suffolk County Board of Elections. Such Proposition shall be in substantially the following form: PROPOSITION SHALL THE RESOLUTION ENTITLED: “Bond Resolution of the Town of Southold, New York, adopted August 28, 2007, authorizing the acquisition of interests or rights in agricultural lands, including development rights in open agricultural lands; provided, however, that no such interests or rights in such agricultural lands shall be acquired until all relevant provisions of the State Environmental Quality Review Act have been complied with and a final declaration as to environmental impact has been duly declared; stating the estimated maximum cost thereof is $4,000,000; further authorizing the Town to reserve the right to sell, lease, alienate or otherwise transfer such interests or rights in agricultural lands hereinafter acquired pursuant hereto and to provide financing for the preparation of plans and specifications and other studies relative to the development and use of the acquired agricultural lands; appropriating said amount therefor; authorizing the issuance of $4,000,000 serial bonds of said Town to finance said appropriation; stating that land August 28, 2007 Page 31 Minutes Southold Town Board Meeting installment purchase obligations are authorized to be issued pursuant to this bond resolution; and determining that this bond resolution shall be subject to a mandatory referendum,” BE APPROVED? An abstract of said bond resolution, concisely stating the purpose and effect thereof, is as follows: FIRST: RECITING pursuant to Section 247 of the New York General Municipal Law, constituting Chapter 24 of the Consolidated Laws of the State of New York (hereinafter called “Section 247”), the Town of Southold, Suffolk County, New York (hereinafter called the “Town”), is authorized to acquire agricultural lands used in bona fide agricultural production as set forth in Section 247; such acquisition of interests or rights in agricultural land located throughout the Town must be found, determined and deemed to be necessary, in the public interest and a proper public purpose of the Town in accordance with the findings and determinations of the State Legislature as set forth in Section 247; in pursuance thereof, the Town desires to (i) implement the agricultural land acquisition and financing program hereinafter described, (ii) authorize the issuance of land installment purchase obligations for the purpose of financing the acquisition of such interests or rights in agricultural land, (iii) reserve the right to sell, lease, alienate or otherwise transfer such interests or rights in agricultural land hereinafter acquired pursuant hereto, as may be permitted by law and subject to such terms, conditions and restrictions as may be determined by the Town Board, and (iv) provide financing for the preparation of plans and specifications and other studies relative to the development and use of the acquired agricultural land, in conformity with Section 247; pursuant to §617.5(c) 21 and 27 of the New York State Environmental Quality Review Act (hereinafter called “SEQRA”), constituting Article 8 of the New York Environmental Conservation Law, this undertaking is and has been determined by the Town Board, acting as lead agency, to be a Type II action requiring no further action pursuant to SEQRA, provided, however, that no agricultural land shall be acquired and no improvements or enhancements to any Town facilities shall be undertaken pursuant to this resolution until all applicable provisions of SEQRA, have been complied with and a determination of significance has been duly declared with respect to each specific project to be undertaken hereunder; the Town Board of the Town has further determined that it is appropriate and in the best interests of the Town to submit a Proposition for the approval or August 28, 2007 Page 32 Minutes Southold Town Board Meeting disapproval of this bond resolution to the qualified voters present and voting at the Biennial Town Election to be held on November 6, 2007; SECOND: STATING that the Town Board finds, determines and deems the acquisition of interests or rights in agricultural land throughout the Town for such purposes to be in the public interest and a proper public purpose of the Town in accordance with the findings and determinations of the New York State Legislature; AUTHORIZING the Town to acquire by purchase, gift, grant, bequest, devise, lease or otherwise, the fee or any lesser interest, development right, easement, covenant or other contractual right necessary to achieve the purposes of Section 247, in various parcels of agricultural land, including, but not limited to, development rights in open agricultural lands, within the Town, for the preservation of open spaces and areas and to maintain and enhance the conservation of natural or scenic resources, after due notice and a public hearing, pursuant to the provisions of Section 247 and applicable provisions of the Town of Southold Code, including incidental costs incurred in relation thereto, such acquisition being hereby found, determined and deemed to be necessary and in the public interest and a proper public purpose of the Town in accordance with the findings and determinations set forth in Section 247; provided, however, that no such right, including the fee or any lesser interest, development right, easement, covenant, or other contractual right in any piece or parcel of such agricultural lands shall be so acquired until all relevant provisions of the State Environmental Quality Review Act (“SEQRA”), have been complied with and a final declaration as to environmental impact has been duly declared by the entity duly authorized to make such determination and declaration; FURTHER AUTHORIZING the Town to retain the right to sell, lease, alienate or otherwise transfer such interests or rights in agricultural land hereinafter acquired pursuant hereto, as may be permitted by law and subject to such terms, conditions and restrictions as may be determined by the Town Board, and to provide financing for the preparation of plans and specifications and other studies relative to the development and use of the acquired agricultural land, in conformity with Section 247; STATING the estimated maximum cost thereof is $4,000,000; APPROPRIATING $4,000,000 to pay said cost; and STATING the plan of financing includes the issuance of $4,000,000 serial bonds of the Town and the levy and collection of taxes upon all the taxable real property within the Town to pay the principal of said bonds and interest thereon; August 28, 2007 Page 33 Minutes Southold Town Board Meeting THIRD: AUTHORIZING the issuance of $4,000,000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York (“Law”) to finance said appropriation; FOURTH: DETERMINING and STATING the period of probable usefulness applicable to the class of objects or purposes for which said bonds are authorized to be issued is thirty (30) years; that all or a portion of such indebtedness may be issued in the form of a land installment purchase obligation or obligations pursuant to Section 29.10 of the Law; the proceeds of the bonds may be used to reimburse the Town for expenditures made after the effective date hereof for the purpose for which said bonds are authorized; and the proposed maturity of said serial bonds will exceed five (5) years; FIFTH: DETERMINING that said bonds or land installment purchase obligations 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; SIXTH: 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 any land installment purchase obligations; and SEVENTH: DETERMINING that a Proposition for the approval or disapproval of this bond resolution shall be submitted to the qualified voters of the Town at the Biennial Town Election to be held on November 6, 2007 and that this bond resolution shall take effect upon such approval. Said Proposition shall appear on the ballot label to be inserted in the voting machines to be used for voting in substantially the following form: PROPOSITION YES NO August 28, 2007 Page 34 Minutes Southold Town Board Meeting SHALL THE RESOLUTION ENTITLED: “Bond Resolution of the Town of Southold, New York, adopted August 28, 2007, authorizing the acquisition of interests or rights in agricultural lands, including development rights in open agricultural lands; provided, however, that no such interests or rights in such agricultural lands shall be acquired until all relevant provisions of the State Environmental Quality Review Act have been complied with and a final declaration as to environmental impact has been duly declared; stating the estimated maximum cost thereof is $4,000,000; further authorizing the Town to reserve the right to sell, lease, alienate or otherwise transfer such interests or rights in agricultural lands hereinafter acquired pursuant hereto and to provide financing for the preparation of plans and specifications and other studies relative to the development and use of the acquired agricultural lands; appropriating said amount therefor; authorizing the issuance of $4,000,000 serial bonds of said Town to finance said appropriation; stating that land installment purchase obligations are authorized to be issued pursuant to this bond resolution; and determining that this bond resolution shall be subject to a mandatory referendum,” BE APPROVED? By order of the Town Board Dated: August 28, 2007 Section 3. In addition to the foregoing, the Town Board hereby authorizes and directs the Town Clerk to do the following: (a) To cause a certified copy of this resolution to be forwarded to the Suffolk County Planning Commission, as required by the Laws of the State of New York; and (b) To maintain and distribute copies hereof, ready for public review and inspection in the Office of the Town Clerk and any and all other locations deemed necessary by the Town Clerk and the Town Attorney to comply with New York State Law regarding referenda; and (c) To take all necessary steps, with assistance of the Town Attorney, to ensure that such Proposition is properly placed before the duly qualified Electors of the Town of Southold at the Biennial Town Election referenced hereinabove. Section 4. After said bond resolution shall take effect, the Town Clerk is hereby directed to cause said bond resolution to be published, in summary, in substantially the form annexed hereto and made a part hereof and designated Exhibit “A,” in each of the newspapers referred to in Section 2 hereof, and hereby designated the official newspapers of the Town for August 28, 2007 Page 35 Minutes Southold Town Board Meeting 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 5. This resolution shall take effect immediately. Vote Record - Resolution RES-2007-716 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? ??William P. Edwards Seconder Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2007-717 CATEGORY: Seqra DEPARTMENT: Town Attorney Ag PDD LL SEQRA RESOLVED“A that the Town Board of the Town of Southold hereby finds that the proposed Local Law in relation to an Agricultural Planned Development District” is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated May 4, 2007, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith. Vote Record - Resolution RES-2007-717 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ? Adopted ???????? ??William P. Edwards Initiator Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2007-718 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact AgPPD Local Law August 28, 2007 Page 36 Minutes Southold Town Board Meeting WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 31st day of July, 2007 a Local Law entitled relation to an Agricultural Planned Development District” , now, therefore, be it RESOLVEDpublic hearing on the that the Town Board of the Town of Southold will hold a aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, th on the 28 day of August at 7:45 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to an Agricultural Planned The proposed Local Law entitled, Development District” reads as follows: LOCAL LAW NO. 20 of 2007 “A Local Law in relation to an Agricultural Planned Development A Local Law entitled, District” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Legislative Intent. Farmland is a critical component of the Town of Southold’s rural character. Agriculture provides the cornerstone of the land use environment valued by year-round residents as well as visitors. Numerous planning documents and studies in the Town’s comprehensive planning over the past 20 years have recognized this value and have recommended strategies to preserve this key resource. In recent years, the Town has engaged in an aggressive effort to preserve farmland through the use of a variety of conservation tools, most notably the purchase of development rights. The Town has joined with other governmental agencies at the Federal, State and County levels, and with conservation groups such as the Peconic Land Trust to further its efforts. In addition, the Town has made use of various long- and short-term funding options to purchase interests in farmland, such as the Community Preservation Fund (CPF) transfer tax, voter- approved bonds and grants. The Town Board recognizes that preservation efforts must continue in accordance with the Town’s comprehensive planning efforts and initiatives. Additional funds August 28, 2007 Page 37 Minutes Southold Town Board Meeting will be required, and if possible, leveraged, to enable the Town to continue to purchase interests in farmland and retain the Town’s rural character. The Town Board determines that its land preservation efforts can best be accomplished through a number of legislative initiatives. This local law creates an Agricultural Planned Development District, a floating zone classification. The Agricultural Planned Development District is intended to encourage the preservation and conservation of farmland, while preserving land equity. It is intended to provide incentive to Landowners dedicated to the preservation and conservation of farmland. New York State Town Law Sections 261-a and 261-c provide the framework to accomplish these goals. The Town Board seeks through this legislation to provide for the incremental sale of development rights by landowners whose property is actually used in agricultural production. This will be accomplished by providing a source of funds to facilitate agricultural production without requiring the sale of all development rights applicable to the property, at the same time reducing the density potential on the property. The benefit to the Town, in addition to facilitating agricultural production, is the assurance that the Town will have the option purchase the remaining development rights on a parcel, excepting those that are necessary for a conservation subdivision at the density/open space percentage as required by this legislation. II. Chapter 280 of the Code of the Town of Southold is hereby amended to create a new Article XXX, as follows: Sec. 280-170. Purpose. The Agricultural Planned Development District emphasizes the importance of agriculture as both a vital economic base and as a land form that provides the town with much of its rural character and scenic beauty. This program will provide the landowner with another mechanism to access the equity in his land by providing him with an expeditious means to incrementally sell his development rights to facilitate the preservation of farmland without having to subdivide his property. The development rights can be sold on an incremental basis while assuring the Town of the opportunity to purchase the remaining development rights applicable to the property, except those that may be used to develop a conservation subdivision pursuant to 280-181(B). August 28, 2007 Page 38 Minutes Southold Town Board Meeting This Agricultural Planned Development District creates a mechanism whereby the property can be rezoned AgPDD upon application of the landowner. 280-171 Definition DEVELOPMENT RIGHTS -- The rights permitted to a lot, parcel, or area of land under a zoning ordinance or local law regarding permissible use, area, density, bulk, or height of improvements executed thereon. 280-172. Classification. A. The Agricultural Planned Development District (AgPDD) is established as a Planned Development District pursuant to Town Law Section 261-c. B. The AgPDD classification may be considered on a floating zone basis. Upon rezoning to the AgPDD classification, all principal and accessory uses, restrictions and controls listed in the specific AgPDD shall govern the lands subject to the rezoning. 280-173. Requirements for Eligibility. All properties meeting the standards and criteria set forth in this Article shall be deemed eligible for rezoning as an AgPDD. In order to be considered for rezoning to AgPDD, lands in the Town of Southold must meet all of the following criteria: A. The lands must consist of a sub-dividable parcel of at least seven (7)acres meeting the Town’s preservation goals and included in the Community Preservation Project Plan (CPPP), which may consist of a lot designated as a separate tax map number, or of two or more contiguous lots with separate tax map numbers. A landowner may also apply for the rezoning of a parcel contiguous to property already zoned AgPDD or already preserved, even if smaller than seven (7) acres. B. The parcel must be enrolled in an agricultural district or individual commitment, pursuant to Article 25AA of New York State Agriculture and Markets Law. C. The Town Board must find that the parcel provides an environmental, physical, economic, aesthetic, social or cultural benefit to the Town. 280-174. Zoning Approval; Application and review procedure. August 28, 2007 Page 39 Minutes Southold Town Board Meeting The Town Board may rezone lands from that of their underlying zoning district to the AgPDD classification upon written application of the landowner pursuant to this Article. A. Application. An applicant shall submit two (2) copies of the following to the Town Board: 1. Form of Application approved by the Town Board, including the name of the owner and/or applicant, description of current use of the property, and disclosure affidavit; 2. Deed covering each parcel for which application is made; 3. Survey or map showing each parcel proposed to be rezoned to AgPDD, and any improvements on each parcel. B. Upon receipt of a completed application, the Town Board shall review the application at a worksession and make a preliminary determination whether the Board is interested in considering rezoning of the parcel to AgPDD. If the Town Board is interested in considering the rezoning, it shall refer the application to the Planning Board and the Land Preservation Committee for review and recommendation. C Upon receipt of the application, the Land Preservation Committee shall consider the application at its next meeting and prepare recommendations to the Town Board with a copy to the Planning Board. D. If the applicant seeks agricultural and/or residential structure areas, the placement shall be agreed upon among the Land Preservation Committee, the Planning Board and the landowner. E. Upon recommendation of the Planning Board and the and the Land Preservation Committee, the Land Preservation Coordinator shall commission a survey and a title search of the property, which will be forwarded to the Planning Department upon receipt. F. The Planning Department will calculate the yield on the parcel based on the zoning in effect at the time of the application. Yield will be calculated as follows: Buildable Lands ÷ Minimum Lot Area of Zoning District= Yield on Entire Parcel. The landowner will be informed of the number of development rights available on the parcel. Any fractional amount shall be rounded down to the nearest whole number. Any existing non- August 28, 2007 Page 40 Minutes Southold Town Board Meeting agricultural production uses shall reduce the number of development rights available for sale on a parcel. G. Environmental Review. The Town Board shall comply with SEQRA in acting upon any application for the rezoning of any lands to the AgPDD classification. H. The Planning Board shall provide a report within ninety (90) days of the date of the meeting at which the referral is received from the Town Board. No action shall be taken by the Town Board until receipt of the Planning Board report, or the expiration of its 60-day review period, whichever comes first. The review period may be extended by mutual consent of the applicant, the Town Board, the Planning Board, and the Land Preservation Committee. I. Planning Board Report. The Planning Board may recommend approval, approval with conditions, or disapproval of the proposed rezoning. In preparing its report, the Planning Board shall take into account the recommendations of the Southold Town Farm and Farmland Protection Strategy, adopted as policy by Town Board resolution of January 18, 2000 and supporting documents, the recommendations of the Land Preservation Committee, the studies contained in the Town’s comprehensive planning efforts and initiatives, the existing characteristics of the property and the surrounding properties, the environmental, social, physical, aesthetic, economic and cultural aspects of the property and its surroundings, and such other factors as may be necessary to carry out the purposes of this Article and this Chapter. The Planning Board’s report shall provide detailed reasons for its recommendation. J. Public Hearing. Within thirty (30) days of the receipt of the Planning Board report, or the expiration of the Planning Board review period, whichever occurs first, the Town Board may schedule a public hearing on the application, with the same notice prescribed for zoning amendments. K. Town Board Action. Within thirty (30) days of the date of the closing of the public hearing, the Town Board shall either approve or disapprove the rezoning and file its decision with the Town Clerk, with notice to the applicant. In approving such rezoning, the Town board shall determine, after considering the Planning Board’s recommendation, that the subject parcel contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and that there will be no significant environmentally damaging consequences. If approved, the Town Board shall amend August 28, 2007 Page 41 Minutes Southold Town Board Meeting the zoning map of the Town in accordance with the approval and forward a copy of the resolution containing the decision to the Planning Board, the Land Preservation Committee, the Agricultural Advisory Committee, and the applicant. Any such approval shall be subject to the Conditions of Approval as set forth below in 280-175 of this Chapter. 280-175. Conditions of Approval. A. The boundaries of the re-zoned property, permitted uses thereon, and number of development rights shall become part of this Town Code and the Zoning Map shall be amended accordingly. B The Land Preservation department shall coordinate the closing and filing of the easement in accordance with their normal procedures for purchase of development rights. C Easement. 1. Following a public hearing and approval of the rezoning pursuant to Chapter 280 of the Town Code and Chapter 247 of the General Municipal Law, the Landowner shall sell at least one (1) development right to the Town. The landowner shall file a Preservation Easement (the “Easement”) on the property following the sale, in the form provided by the Town, which shall indicate that at least one (1) development right has been sold, and shall also indicate the number of remaining development rights available for sale or transfer from the parcel. a. The easement shall be in a standard form, acceptable to the Landowner and the Town Attorney and shall be consistent with the terms of the AgPDD. The standard form may be amended if the landowner voluntarily requests additional restrictions or prohibitions and such restrictions are acceptable to the Town Attorney. b. The easement shall be recorded in the Office of the Suffolk County Clerk. 280-176 Price for Development Rights The Town Board shall by resolution, at least annually, set a price to be paid by the Town for AgPDD development rights sales for the purpose of this Chapter. This price shall be the fair market value of August 28, 2007 Page 42 Minutes Southold Town Board Meeting development rights for non-waterfront farmland of average size with an average amount of road frontage, obtained from two independent certified appraisers. 280-177. Subsequent Development Right Sales to the Town A. At any time, the landowner may offer to sell development rights on all or part of the parcel that has been zoned AgPDD. The development rights may be sold to the Town or to others provided that the landowner enters into a Preservation Easement on the property in a form acceptable to the Town. The Preservation Easement shall list the number of development rights sold and the number remaining, based on the yield for the parcel as set forth at the time of rezoning to AgPDD. B. At the discretion of the Town, the Town may commission a new survey and a title search of the property. C. The Land Preservation Coordinator shall make a determination of the number of development rights remaining for purchase on the parcel based on the original yield as calculated by the Planning Department less any development rights sold, and shall so advise the Land Preservation Committee. The Land Preservation Committee shall make a recommendation to the Town Board on the purchase of development rights. D. The Town Board shall hold a public hearing on the question of the purchase of development rights from the AgPDD zoned parcel, and may adopt a resolution approving or disapproving the sale. Any resolution shall set forth the number of development rights purchased and the number remaining on the parcel. At the time of sale, a preservation easement as set forth above in 280-175 shall be filed indicating the additional number of development rights that have been extinguished from the parcel, and the remaining number of development rights. E. Development rights may be purchased by the Town in increments of one-half (1/2) of a development right. F. The Town Board shall not be required to purchase development rights from a parcel zoned AgPDD sooner than 180 (one hundred and eighty) days after the previous purchase on the same parcel, and any refusal by the Town to do so shall not be considered an election not to purchase pursuant to §280-180E. G. Upon the landowner’s application, the Town shall purchase ten percent (10%) of the landowners residual development rights, or not less than one full development right, per calendar year. Any August 28, 2007 Page 43 Minutes Southold Town Board Meeting fractional amount shall be rounded to the nearest half of a development right. The Town may, if requested by the landowner, purchase more or less than ten percent each year. H. No application for sale of development rights received after November 1 of any calendar year shall be closed until the following calendar year, unless the Town and the landowner mutually agree to close in the same year. I. Participation in the AgPDD shall not preclude the landowner from participation in other preservation programs. If a landowner wishes to negotiate with the Town for the sale of development rights, the Town will only consider a Conservation Subdivision pursuant to 280-181(B), or the sale of all remaining development rights on the parcel, and the Town will only pay for the appraisal one time. If an agreement is not reached between the Town and the landowner, subsequent negotiations and application for sale of development rights through the Land Preservation program will be permitted; however, the Town will obtain the appraisal at the expense of the landowner. J. Unless otherwise specified, the price for development rights for subsequent development right sales to the Town will be as set forth in Section 280-176. 280-178. (Reserved) 280-179. Clearing House. The Land Preservation Coordinator will maintain a log indicating the development rights sold and remaining on any parcel zoned AgPDD. The easement executed and recorded by the landowner at the time of each sale will indicate the number of development rights sold and the number remaining on the parcel. §280-180 Conditions A. Any reserved area for development shall be set by the Town Board and defined in the Town Code at the time of rezoning to AgPDD. A landowner may apply to the Town Board to amend such code if circumstances have changed since the rezoning. Any new additional reserved area will be deducted from the available development rights on the parcel, and any reduction in the reserved area may increase the development rights available on the parcel. Any reserved area for development shall not exceed 20% of the buildable area of the parcel. August 28, 2007 Page 44 Minutes Southold Town Board Meeting B. Any structure proposed on a parcel which is zoned AgPDD will require the approval of the Land Preservation Committee prior to issuance of a building permit. The approval of the committee shall take into account the conditions set forth in the preservation easement on the property. C. If a residential structure exists on property zoned AgPDD, any new structure accessory to such residence must be located within 150 feet of the existing residential structure. D. Any structures, other than those for agricultural production, shall reduce the number of development rights available for sale or transfer. E. If the Town elects not to purchase 10% of development rights as set forth in 280-177G, the landowner may pursue a Standard Subdivision as set forth in §280-181C. If there has been a subsequent request by the landowner for purchase of development rights and an agreement by the Town to purchase at least 10% development rights pursuant to §280-177G, the landowner is not eligible to pursue a standard subdivision. §280-181 Subdivision A. If the landowner of property zoned AgPDD files for subdivision of the property, the land Preservation Coordinator shall advise the Planning Board of the number of development rights remaining on the parcel. B. Any conservation subdivision of AgPDD property must accomplish preservation of eighty percent (80%) of the parcel, and density reduction of seventy-five percent (75%) of the original yield. If the landowner elects to pursue this Conservation Subdivision, the land preserved by sale of development rights shall apply toward the required preservation component. C. If the Town elects not to purchase 10% of development rights as set forth in 280-177G, the landowner may pursue a Standard Subdivision. For a period of ten years from the date of the Town’s election not to purchase development rights pursuant to §280-177G, the yield for the subdivision shall be based on the zoning in effect on the parcel at the time it was zoned AgPDD, after which the yield shall be that of the underlying zone in effect as of the date of the subdivision. Land already preserved by sale of development rights shall not be applied toward any preservation or subdivision open space requirement or the yield calculation. The yield calculated pursuant to §280-174F shall not be the yield for the standard subdivision. The standard subdivision yield shall be calculated pursuant to Chapter 240 of the Town Code. August 28, 2007 Page 45 Minutes Southold Town Board Meeting III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2007-718 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ??William P. Edwards Seconder Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter VI. Public Hearings 1. Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board Recessed in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Daniel C. Ross, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Russell ABSENT: Louisa P. Evans 2. Ph LL 8/28 7:45 Pm AgPPD COMMENTS - Current Meeting: NOTICE IS HEREBY GIVEN COUNCILMAN WICKHAM: there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 31st day of July, 2007 “A Local Law in relation to an Agricultural Planned Development a Local Law entitled District” , and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main hold a August 28, 2007 Page 46 Minutes Southold Town Board Meeting th Road, Southold, New York, on the 28 day of August at 7:45 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to an Agricultural Planned The proposed Local Law entitled, Development District” reads as follows: LOCAL LAW NO. 2007 “A Local Law in relation to an Agricultural Planned Development A Local Law entitled, District” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Legislative Intent. Farmland is a critical component of the Town of Southold’s rural character. Agriculture provides the cornerstone of the land use environment valued by year-round residents as well as visitors. Numerous planning documents and studies in the Town’s comprehensive planning over the past 20 years have recognized this value and have recommended strategies to preserve this key resource. In recent years, the Town has engaged in an aggressive effort to preserve farmland through the use of a variety of conservation tools, most notably the purchase of development rights. The Town has joined with other governmental agencies at the Federal, State and County levels, and with conservation groups such as the Peconic Land Trust to further its efforts. In addition, the Town has made use of various long- and short-term funding options to purchase interests in farmland, such as the Community Preservation Fund (CPF) transfer tax, voter- approved bonds and grants. The Town Board recognizes that preservation efforts must continue in accordance with the Town’s comprehensive planning efforts and initiatives. Additional funds will be required, and if possible, leveraged, to enable the Town to continue to purchase interests in farmland and retain the Town’s rural character. The Town Board determines that its land preservation efforts can best be accomplished through a number of legislative initiatives. This local law creates an Agricultural Planned Development District, a floating zone classification. The Agricultural Planned Development District is intended to encourage the preservation and conservation of farmland, while preserving land equity. It is intended to provide incentive to Landowners dedicated to the preservation and conservation of farmland. New York State Town Law Sections 261-a and 261-c provide the framework to accomplish these goals. The Town Board seeks through this legislation to provide for the incremental sale of development rights by landowners whose property is actually used in agricultural production. This will be accomplished by providing a source of funds to facilitate agricultural production without requiring the sale of all development rights applicable to the property, at the same time reducing the density potential on the property. The benefit to the Town, in addition to facilitating agricultural production, is the assurance that the Town will have the option purchase the remaining development rights on a parcel, excepting those that are necessary for a conservation subdivision at the density/open space percentage as required by this legislation. August 28, 2007 Page 47 Minutes Southold Town Board Meeting II. Chapter 280 of the Code of the Town of Southold is hereby amended to create a new Article XXX, as follows: Sec. 280-170. Purpose. The Agricultural Planned Development District emphasizes the importance of agriculture as both a vital economic base and as a land form that provides the town with much of its rural character and scenic beauty. This program will provide the landowner with another mechanism to access the equity in his land by providing him with development rights that can be immediately transferred or sold, incrementally or at one time, to facilitate the preservation of farmland without having to subdivide his property. The development rights can be sold on an incremental basis while assuring the Town of the opportunity to purchase the remaining development rights applicable to the property, except those that may be used to develop a conservation subdivision. This Agricultural Planned Development District creates a mechanism whereby the property can be rezoned upon application of the landowner. 280-171 Definition DEVELOPMENT RIGHTS -- The rights permitted to a lot, parcel, or area of land under a zoning ordinance or local law regarding permissible use, area, density, bulk, or height of improvements executed thereon. 280-172. Classification. A. The Agricultural Planned Development District (AgPDD) is established as a Planned Development District pursuant to Town Law Section 261-c. B. The AgPDD classification may be considered on a floating zone basis. Upon rezoning to the AgPDD classification, all principal and accessory uses, restrictions and controls listed in the specific AgPDD shall govern the lands subject to the rezoning. 280-173. Requirements for Eligibility. All properties meeting the standards and criteria set forth in this Article shall be deemed eligible for rezoning as an AgPDD. In order to be considered for rezoning to AgPDD, lands in the Town of Southold must meet all of the following criteria: A. The lands must consist of a sub-dividable parcel of at least seven (7)acres meeting the Town’s preservation goals and included in the Community Preservation Project Plan (CPPP), which may consist of a lot designated as a separate tax map number, or of two or more contiguous lots with separate tax map numbers. A landowner may also apply for the rezoning of a parcel contiguous to property already zoned AgPDD or already preserved, even if smaller than seven (7) acres. August 28, 2007 Page 48 Minutes Southold Town Board Meeting B. The parcel must be enrolled in an agricultural district or individual commitment, pursuant to Article 25AA of New York State Agriculture and Markets Law. C. The Town Board must find that the parcel provides an environmental, physical, economic, aesthetic, social or cultural benefit to the Town. 280-174. Zoning Approval; Application and review procedure. The Town Board may rezone lands from that of their underlying zoning district to the AgPDD classification upon written application of the landowner pursuant to this Article. A. Application. An applicant shall submit two (2) copies of the following to the Town Board: 1. Form of Application approved by the Town Board, including the name of the owner and/or applicant, description of current use of the property, and disclosure affidavit; 2. Deed(s) covering all lands for which application is made; 3. Survey(s) or map(s) showing all lands proposed to be rezoned to AgPDD, and any improvements on those lands. B. Upon receipt of a completed application, the Town Board shall review the application at a worksession and make a preliminary determination whether the Board is interested in considering rezoning of the parcel to AgPDD. If the Town Board is interested in considering the rezoning, it shall refer the application to the Planning Board and the Land Preservation Committee for review and recommendation. C Upon receipt of the application, the Land Preservation Committee shall consider the application at its next meeting and prepare recommendations to the Town Board with a copy to the Planning Board. D. If the applicant seeks agricultural and/or residential structure areas, the placement shall be agreed upon among the Land Preservation Committee, the Planning Board and the landowner. E. Upon recommendation of the Planning Board and the and the Land Preservation Committee, the Land Preservation Coordinator shall commission a survey and a title search of the property, which will be forwarded to the Planning Department upon receipt. F. The Planning Department will calculate the yield on the parcel based on the zoning in effect at the time of the application. Yield will be calculated as follows: Buildable Lands ÷ Minimum Lot Area of Zoning District= Yield on Entire Parcel. The landowner will be informed of the number of development rights available on the parcel. Any fractional amount shall be rounded down to the nearest whole number. Any existing non- agricultural production uses shall reduce the number of development rights available for sale on a parcel. August 28, 2007 Page 49 Minutes Southold Town Board Meeting G. Environmental Review. The Town Board shall comply with SEQRA in acting upon any application for the rezoning of any lands to the AgPDD classification. H. The Planning Board and other committees shall provide a report within ninety (90) days of the date of the meeting at which the referral is received from the Town Board. No action shall be taken by the Town Board until receipt of the Planning Board report and other Committee reports, as applicable, or the expiration of its 60-day review period, whichever comes first. The review period may be extended by mutual consent of the applicant, the Town Board, the Planning Board, and the Land Preservation Committee. I. Planning Board Report. The Planning Board may recommend approval, approval with conditions, or disapproval of the proposed rezoning. In preparing its report, the Planning Board shall take into account the recommendations of the Southold Town Farm and Farmland Protection Strategy, adopted as policy by Town Board resolution of January 18, 2000 and supporting documents, the recommendations of the Land Preservation Committee, the studies contained in the Town’s comprehensive planning efforts and initiatives, the existing characteristics of the property and the surrounding properties, the environmental, social, physical, aesthetic, economic and cultural aspects of the property and its surroundings, and such other factors as may be necessary to carry out the purposes of this Article and this Chapter. The Planning Board’s report shall provide detailed reasons for its recommendation. J. Public Hearing. Within thirty (30) days of the receipt of the Planning Board report, or the expiration of the Planning Board review period, whichever occurs first, the Town Board may schedule a public hearing on the application, with the same notice prescribed for zoning amendments. K. Town Board Action. Within thirty (30) days of the date of the closing of the public hearing, the Town Board shall either approve or disapprove the rezoning and file its decision with the Town Clerk, with notice to the applicant. In approving such rezoning, the Town board shall determine, after considering the Planning Board’s recommendation, that the subject parcel contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and that there will be no significant environmentally damaging consequences. If approved, the Town Board shall amend the zoning map of the Town in accordance with the approval and forward a copy of the resolution containing the decision to the Planning Board, the Land Preservation Committee, the Agricultural Advisory Committee, and the applicant. Any such approval shall be subject to the Conditions of Approval as set forth below in 280-175 of this Chapter. 280-175. Conditions of Approval. A. The boundaries of the re-zoned property, permitted uses thereon, and number of development rights shall become part of this Town Code and the Zoning Map shall be amended accordingly. August 28, 2007 Page 50 Minutes Southold Town Board Meeting B The Land Preservation department shall coordinate the closing and filing of the easement in accordance with their normal procedures for purchase of development rights. C Easement. 1. Following a public hearing and approval of the rezoning pursuant to Chapter 280 of the Town Code and Chapter 247 of the General Municipal Law, the Landowner shall sell at least one (1) development right to the Town. The landowner shall file a Preservation Easement (the “Easement”) on the property following the sale, in the form provided by the Town, which shall indicate that at least one (1) development right has been sold, and shall also indicate the number of remaining development rights available for sale or transfer from the parcel. a. The easement shall be in a standard form, acceptable to the Landowner and the Town Attorney and shall be consistent with the terms of the AgPDD. b. The easement shall be recorded in the Office of the Suffolk County Clerk. 280-176 Price for Development Rights The Town Board shall by resolution, at least annually, set a price to be paid by the Town for AgPDD development rights sales. This price shall be the fair market value of development rights for non-waterfront farmland of average size with an average amount of road frontage, obtained from two independent certified appraisers. 280-177. Subsequent Development Right Sales to the Town A. At any time, the landowner may offer to sell development rights on all or part of the parcel that has been zoned AgPDD. The development rights may be sold to the Town or to others provided that the landowner enters into a conservation easement on the property in a form acceptable to the Town. The conservation easement shall list the number of development rights sold and the number remaining, based on the yield for the parcel as set forth at the time of rezoning to AgPDD. B. At the discretion of the Town, the Town may commission a new survey and a title search of the property. C. The Land Preservation Coordinator shall make a determination of the number of development rights remaining for purchase on the parcel based on the original yield as calculated by the Planning Department less any development rights sold, and shall so advise the Land Preservation Committee. The Land Preservation Committee shall make a recommendation to the Town Board on the purchase of development rights. D. The Town Board shall hold a public hearing on the question of the purchase of development rights from the AgPDD zoned parcel, and may adopt a resolution approving or disapproving the sale. Any resolution shall set forth the number of development rights purchased and the number remaining on the parcel. At the time of sale, a preservation easement as set forth above in 280-175 shall be filed indicating the additional number of development rights that have August 28, 2007 Page 51 Minutes Southold Town Board Meeting been extinguished from the parcel, and the remaining number of development rights. E. Development rights may be purchased by the Town in increments of one-half (1/2) of a development right. F. The Town Board shall not be required to purchase development rights from a parcel zoned AgPDD sooner than 180 (one hundred and eighty) days after the previous purchase on the same parcel, and any refusal by the Town to do so shall not be considered an election not to purchase pursuant to §280-180E. G. Upon the landowner’s application, the Town shall purchase ten percent (10%) of the landowners residual development rights, or not less than one full development right, per calendar year. Any fractional amount shall be rounded to the nearest half of a development right. The Town may, if requested by the landowner, purchase more or less than ten percent each year. H. No application for sale of development rights received after November 1 of any calendar year shall be closed until the following calendar year, unless the Town and the landowner mutually agree to close in the same year. I. Participation in the AgPDD shall not preclude the landowner from participation in other preservation programs, including but not limited to, negotiating with the Town for the sale of all development rights. If the landowner chooses to negotiate with the Town for sale of development rights, the Town will pay for the appraisal one time. Any subsequent negotiations and application for sale of development rights through the Land Preservation program will be permitted, however the Town will obtain the appraisal at the expense of the landowner. 280-178. (Reserved) 280-179. Clearing House. The Land Preservation Coordinator will maintain a log indicating the development rights sold and remaining on any parcel zoned AgPDD. The easement executed and recorded by the landowner at the time of each sale will indicate the number of development rights sold and the number remaining on the parcel. §280-180 Conditions A. Any reserved area for development shall be set by the Town Board and defined in the Town Code at the time of rezoning to AgPDD. A landowner may apply to the Town Board to amend such code if circumstances have changed since the rezoning. Any new additional reserved area will be deducted from the available development rights on the parcel, and any reduction in the reserved area may increase the development rights available on the parcel. Any reserved area for development shall not exceed 20% of the buildable area of the parcel. August 28, 2007 Page 52 Minutes Southold Town Board Meeting B. Any structure proposed on a parcel which is zoned AgPDD will require the approval of the Land Preservation Committee prior to issuance of a building permit. The approval of the committee shall take into account the conditions set forth in the preservation easement on the property. C. If a residential structure exists on property zoned AgPDD, any new structure accessory to such residence must be located within 150 feet of the existing residential structure. D. Any structures, other than those for agricultural production, shall reduce the number of development rights available for sale or transfer. E. If the Town elects not to purchase 10% of development rights as set forth in 280-177G, the landowner may pursue a Standard Subdivision as set forth in §280-181C. If there has been a subsequent request by the landowner for purchase of development rights and an agreement by the Town to purchase at least 10% development rights pursuant to §280-177G, the landowner is not eligible to pursue a standard subdivision. §280-181 Subdivision A. If the landowner of property zoned AgPDD files for subdivision of the property, the land Preservation Coordinator shall advise the Planning Board of the number of development rights remaining on the parcel. B. Any conservation subdivision of AgPDD property must accomplish preservation of eighty percent (80%) of the parcel, and density reduction of seventy-five percent (75%) of the original yield. If the landowner elects to pursue this Conservation Subdivision, the land preserved by sale of development rights shall apply toward the required preservation component. C. If the Town elects not to purchase 10% of development rights as set forth in 280-177G, the landowner may pursue a Standard Subdivision. For a period of ten years from the date of the Town’s election not to purchase development rights pursuant to §280-177G, the yield for the subdivision shall be based on the zoning in effect on the parcel at the time it was zoned AgPDD, after which the yield shall be that of the underlying zone in effect as of the date of the subdivision. Any land preserved by sale of development rights shall not be applied toward any preservation or subdivision open space requirement. The yield calculated pursuant to §280-174F shall not be the yield for the standard subdivision. The standard subdivision yield shall be calculated pursuant to Chapter 240 of the Town Code. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided August 28, 2007 Page 53 Minutes Southold Town Board Meeting by law. That is the substance of this public hearing. I have a series of comments that I will try to summarize briefly. First of all, it has appeared as a local ad in the local newspaper. It has also appeared as a legal on the Town Clerk’s bulletin board outside. I have before me a one page memo from the Planning Board, dated August 28, 2007, regarding the Planning Board’s comments on this local law. “As requested, the Planning Board and staff have reviewed the above captioned local law and we support its adoption and we make the following comments and recommendations. 1. In section 280-181 B states that any subdivision of Ag PDD property must accomplish preservation of 80% and a density reduction of 75%. It should state rather, that the preservation must be equal to a minimum of 80% of the buildable lands, not just the lands but the buildable portions of those lands. 2. Section 280-181 C states that in the event the standard subdivision option is pursued by the property owner, land preserved by the sale of development rights shall not be applied toward any preservation or subdivision open space requirement. This section also refers to Chapter 240 in the Town code. However, to be clear, it should also state that within the proposed legislation, that the preserved land shall not be used for the purposes of establishing yield. 3. A general concern of the Planning Board is how the proposed Ag PDD will impact the existing land preservation program. The Board has the same concerns as the Land Preservation Committee and defers to their memorandum to the Town Board dated August 23 of this year. I have a note from the Suffolk County Planning Commission, “Pursuant to the requirements of section of the Administrative Code, the Suffolk County Planning Commission considers this to be a matter for local determination as there is no apparent county wide or inter- community impact.” There follows a memo which is rather lengthy, from the Land Preservation Committee. Supervisor Russell, Town Board, This is in regard to a local law in relation to Ag Planned Development District comments for tonight’s public hearing. The Land Preservation Committee (this is drafted and sent by our Land Preservation Coordinator and from the members of its committee) and I (meaning the coordinator) would like to submit the following comments for this public hearing. In section 280-170, the second sentence needs clarifications and should be re-written as follows: this program will provide the landowner with another mechanism to access the equity in his land by providing him with an (this is the part they are introducing, they wish to add) ‘providing him with an expeditious means to incrementally sell his’ development rights. There follow some various other, I think I would call these editorial or technical revisions without a lot of substantive changes. They are important but they are not changing the content of it. It is largely for clarification. We have, when the Town Board has a chance to evaluate this after the public hearing, we have actually taken into account most of these technical recommendations from the Land Preservation Committee and we can review with you, with the public, how these things can be integrated into the current document. General comments, at the end, Legislation, once adopted, will require a significant amount of additional staff time; Planning, Land Preservation, Attorney, to develop policies, procedures and standardized forms. It is unknown whether the proposed Ag PDD will generate interest from landowners who would not otherwise have pursued the existing PDR program. The existing, traditional purchase of development rights program. If the proposed Ag PDD does resulting additional landowners preserving their land by incremental amounts, then that program is worth the effort. If the programs draws applicants from landowners who currently would otherwise have sold development rights in total or near total, then perhaps the legislative program would not be worth August 28, 2007 Page 54 Minutes Southold Town Board Meeting the effort. 2. the proposal for the Town to reserve funds to purchase 10% of the development rights enrolled in the Ag PDD may damage the existing preservation program. In recent years the Town’s program has been very successful in closing preservation deals within a ‘take it or leave it’ time that may or not be needed for the Ag PDD program, may hinder the Town’s ability to continue with such projects. The Land Preservation Committee recommends that if an incremental development rights program is established, the Town should fund it with bonds dedicated to the incremental program and not use CPF funds for the purpose. 3. The change implied in the proposed program for farmland owners being paid per development right instead of per acre which is the usual case under the existing program, needs to be analyzed in detail in order to avoid unintended consequences. Depending on exactly how development rights are defined in the yield formula, may give a bonus to the same parcel in the incremental sales program compared with the existing program. While a bonus to encourage preservation is not necessarily a bad thing, the bonus was intended to be the ability to sell development rights incrementally, offering an incentive over and above this, may result in landowners who would actually apply to existing programs with large projects, would push them into applying to the new program with much smaller projects and would therefore decrease the rate of preservation. Land Preservation Committee recommends that the definitions and formulas used be analyzed in detail so that their impact on values and the existing program is known. And finally, item 4, one of the existing issues that sparked the initial interest in an incremental development rights program is the IRS capital gains regulation. This requires payment of full capital gains upfront, even in cases where the landowner accepts installment payments over time. It has been assumed that the proposed Ag PDD program is a way around this, that will provide important tax benefits to participants and therefore, an incentive to join the program. The Committee recommends that this be researched and confirmed or denied by the IRS so that the Town and farmland owners know exactly what the tax consequences of the program will be.” There follows a letter from Ed Booth of 17235 Sound Avenue, Southold, New York. Ed Booth comments on this proposed th local law, dated August 15. “Dear Town Board, This letter concerns the proposed land th preservation law to be heard on August 28. Having given the proposal some thought, I discuss the pros and cons as I see them. General comments, land preservation Southold is a process tailored to the desires and needs of land owners and to the judgment of the Town as to the urgency of preservation. A final agreement is reached on the easements appropriate for that particular property. The proposed law takes a very different approach, which permits installment sales of development rights at a fixed price for all sales with a single easement for all sales. The new law is different from present laws in that it preserves later instead of now. This new approach requires the proper language to safeguard the Town and landowners as much as possible and I know that a lot of thought and discussion has gone into the details, the question remains, is it a good instrument for land preservation? On the pro side; 1. The proposed law permits the installment sale of development rights. This is viewed as an inducement to preservation, it is another tool in the tool box. The need to keep the procedure simple leads to a single price and a single easement. The simplicity of the procedure should allow the farmland owner to obtain substantial money quickly, perhaps in only 30 days without fees to surveyors, appraisers and attorneys. The easement will be written to allow Ag production the greatest possible freedom. Con, the price will be too high per acre for a large lot and too low for a small lot. This is because the price per acre decreases with increasing lot size while the price comes from an average. The standard easement, if substantially more favorable to farming than the August 28, 2007 Page 55 Minutes Southold Town Board Meeting normal easements, may undercut the present program and/or may arouse the opposition of the public. That is number one. Number two, his second point, on the pro side. The law allows the sale of ½ a development right, that is to say one acre a year. The money could be used to upgrade the farm, send children to college or provide tax free gifts to children. That is a pro. On the con side, the law requires the farmer to preserve the land, either by sale of development rights or proceeding with a conservation subdivision. There is no exit unless the Town reneges. The conservation subdivision requires an 80/75 instead of the 80/60 resulting in fewer lots for sale. His third point, the pro argument. The law protects the farmer from up-zoning. On the con side, The may result in early up-zoning if the Town runs short of money but the same can be said, of course, about the current program. Number four, on the pro side. The law allows the farmer to average out over real estate market fluctuations. Con; the law does not allow the farmer to wait for a high price and then sell all the development rights. However, the owner can also apply to be in the current program as well as the PDD. Running the numbers shows that the monetary yield can be the same from regular installment sales or a total sale upfront, depending on market assumptions. Number five, pro; the law is intended to keep the farmer in a lower tax bracket by installment sales. Con; the IRS may not agree. Enquiries are being made and efforts are underway in Washington to aid installment sales. I do not know the results. Number six, pro; the price set by the Town for development right with advice of the appraisers is published, avoiding haggling and delays. Con; the Town may chose to offer less than the true value of the right. however, language has been included to release the owner if the Town overtly ‘low balls’ the appraisal. Seven, pro; The law offers a new preservation tool which could be useful to certain individuals depending on factors such as age, business needs, children etc. Con; The law requires the Town to buy the development rights at the 10% level every year so that funds must be set aside for that purpose. This can undercut the existing land preservation program unless new sources of finances are found. And eight, pro; this law is restricted to farmland, owned or rented, with intent to support the industry. Con; the law gives the opportunity for early retirement by selling off a lot or two each year. The convenience of selling in the proposed program may tempt earlier sales than in a conservation subdivision. And a final comment from Mr. Booth, this report was prepared by me, Ed Booth, reflects my views. It has been somewhat tempered by a rebuttal from John Sepenoski. I think it is fair to say that not all active farmers are enthusiastic about the proposal, though it may well fit the specific needs of some. I would like to hear an evaluation of the final proposal by banking and appraisal professionals as to the effect of the PDD encumbrance on property values.’ I have an affidavit that it has appeared as a Town legal on the Town Clerk’s bulletin board and with that, I believe the file is complete. SUPERVISOR RUSSELL: Would, well, we have a strategy here. We know you are here to yell at us for other things, so we kind of put that first to kind of dull your senses and take the edge off. Would anybody like to comment on the Ag PDD pending local law? COUNCILMAN KRUPSKI: Actually before the public comments, there are a couple of comments here from the Planning Board that were pretty, I think Councilman Edwards has been working really hard on this proposed legislation and maybe he should clarify a few things first, it might answer some questions so that we don’t have, we don’t go around and around. You know, before these questions come up. August 28, 2007 Page 56 Minutes Southold Town Board Meeting COUNCILMAN EDWARDS: I would be glad to do that, if you would like. SUPERVISOR RUSSELL: By all means. COUNCILMAN EDWARDS: Well, first of all, with respect to the letter by the Planning Board, I would like to propose a small amendment in response to their point number two, if you turn to the very last page, which is section 280-181 C, the next to last sentence says ‘any land preserved by sale of development rights’ their concern is that if somebody does do a full yield subdivision, they shouldn’t get to count as the preserved land, land that has already been preserved by purchase of the development rights. Which certainly no one could disagree with. I would like to propose amending that to delete the word ‘any’ and insert the word ‘already’ between land and preserved and I think that achieves exactly the purpose that they are looking for. That is, land already preserved would therefore, could not be counted as part of the preservation in a full yield subdivision. I have also inserted in a revised text here, I think all of the, most of the suggestions from the Land Preservation Committee on cleaning up the language and minor emendations made a lot of sense and they do appear in this draft in red and we can go into those afterwards as amendments, if you would like. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on the issue of an Agricultural Planned Development District? Mr. Baiz? CHRIS BAIZ: Chris Baiz, Southold. I would like to say that I think we have all worked fairly rigorously on this and it’s as the result of an interest and a request from Councilman Krupski that an incremental program such as this be developed as a tool for land preservation in the Town. Especially where in the past several farm families could have used this in years of financial duress. So I think that, we are headed in the right direction for an incremental sales program, not just an all or nothing program. It also sets the tone for once a parcel is in the Ag PDD, that a parcel is on its way to full preservation without putting the demand up front on the Town. If we had 10 parcels come in in one year, we couldn’t deal with them on an all or nothing basis. On this incremental basis, it can be done more easily. In terms of the comments that Councilman Wickham had from the Land Preservation Committee, I just want to make sure that both in the establishment of the price per development right, this is going to be in a very important methodology and number because it will be a hallmark or benchmark of the entire preservation program. And as I believe the legislation states and the additional comments and the Land Preservation Committee letter, it is very important that that price is, here it doesn’t say, it just says two appraisers. It doesn’t say anything about what happens to the two appraisers numbers and I think we need clarification there, that it is the average of or what have the arithmetic average of. And also, in the Land Preservation comments there was the concern that if the two appraisals are divergent enough, they might warrant a third appraisal and so the Land Preservation Committee was actually recommending three appraisals, the two, if all are within 10% of each other, the arithmetic average. If one is outside of 10% of the other two, through the outlier away. And that way, the Town Board doesn’t get involved in establishing a price, the price is established fairly by the appraisals. The other key issue is that a standard price warrants a standard easement. The price or value being determined in the appraisals is for the exclusion of the right to residential development on that space and therefore, that easement language August 28, 2007 Page 57 Minutes Southold Town Board Meeting should be so treated and not also be removing potentially agricultural needs and values of that land. And I think that sums up the most important parts in the Land Preservation Committee’s letters outside of the rest of the comments. Otherwise, while there are always pros and cons to every issue, I think that we have got a very good working document here and with the final consideration of the various comments in getting them into the language of the proposed legislation, we have done it right. Thank you. SUPERVISOR RUSSELL: Would anybody else like to come up and comment on the issue of Agricultural Planned Development Districts. Pat? PAT MOORE: Pat Moore. Thank you. My real concern with reading the legislation is to try to analyze this law after, let’s say, it has been adopted and advising someone on what can they do with the property, particularly if it is an agricultural operation that wants to operate in the reserve area. An issue that it seems to be somewhat addressed in your 180, the condition section, in that I assume when you say the reserved area for development shall not exceed 20% of the buildable area for the parcel, that presumes that the entire parcel, once you have placed the covenant over it, it is now in this Ag PDD that from end to end, you will be operating under whatever the rules are that are adopted by the Board at the time. So you will be subject to the Town Board’s review and the Committee’s review for anything that you might want to do on this property, that gives me a pause and a concern because people can be reasonable today and unreasonable tomorrow. But with respect to what can you do on the land that is reserved, there is a circumstance or a situation that is occurring right now with conservation reserve areas, where the Building Department takes the position that the reserve area, you can only take the reserve area with respect to what you can, the uses that you can operate. The number of uses. And if you have got multiple agricultural uses, they are not looking at the entire parcel, they are only looking at the reserve area. So, in days gone by and I don’t know how this might be implemented but when people are looking to leave a reserve area for greenhouses, maybe multiple agricultural operations, what I am seeing today, the interpretation that is occurring is that you need two acres per use, even though all the uses you are operating there are agricultural uses. So, that is an interpretation that is occurring right now with reserve areas and I can see that same analysis applied here so that when you then want to operate the agricultural use that you are trying to preserve because the reserve area will most likely generate the income that the fields or that the vines or whatever is being planted, one carries the other and the problem that is occurring right now and needs correcting is that you should be looking at the entire parcel, not just the reserve area for purposes of the uses that you are permitted to do, the agricultural uses you are supposed to do within the reserved area. It is a little technical, probably most of the people here don’t understand… SUPERVISOR RUSSELL: What you are actually outlining really are problems with the bulk schedule. The requirements for two acres to have a winery and two acres to have the house that is there and if you have already reserved two acres, you have basically essentially spoken for, you know, that is problematic and we are trying to revisit that… MS. MOORE: Good, I am glad you are looking at it…. August 28, 2007 Page 58 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: ….to reduce those requirements. MS. MOORE: But that only occurred when you defined the buildable areas, because you defined buildable as areas that are not with, that aren’t encumbered by an easement but an easement is not intended to be the ag easement that you have imposed that are running the reserve area. It is all one parcel and that is the way the process was intended to be and I am hoping that you will address that when you are looking at this law so that you don’t repeat the problem, you try to correct it here… SUPERVISOR RUSSELL: It is an issue that needs to be addressed with the regular PDR program as it currently exists whether this, you know, comes on board. It is an issue either way. This legislation might put special focus on it but it is a problem with the Town Code that we need to address. MS. MOORE: Okay. Well, thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Agricultural Land Development District proposal? (No response) Hearing none, can I get a motion to close? RESULT: CLOSED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: William P. Edwards, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Russell ABSENT: Louisa P. Evans Motion To: Motion to close public hearing RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: William P. Edwards, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Russell ABSENT: Louisa P. Evans 3. PH LL 8/28 7:50 Pm Peddling COMMENTS - Current Meeting: NOTICE IS HERBY GIVEN THAT, COUNCILMAN WICKHAM: there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 31st day of July, “A Local Law in relation to Amendments to Peddlers, Solicitors 2007 a Local Law entitled and Transient Retail Merchants” and 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, 28th day of August, 2007 at 7:50 p.m. Southold, New York, on the at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Amendments to Peddlers, The proposed Local Law entitled, Solicitors and Transient Retail Merchants” reads as follows: August 28, 2007 Page 59 Minutes Southold Town Board Meeting LOCAL LAW NO. 2007 “A Local Law in relation to Amendments to Peddlers, Solicitors and A Local Law entitled, Transient Retail Merchants” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - To update the procedures for registration and regulation of certain peddlers, solicitors and transient retail businesses in the Town of Southold, and require that they be located in appropriate areas. II. Chapter 197 of the Code of the Town of Southold is hereby amended as follows: § 197-1. Legislative intent. The purpose of this chapter is to prevent business practices of provide for the registration and regulation of certain peddlers, solicitors and transient retail businesses from existing in the Town of Southold, with certain exceptions, as otherwise provided herein, by providing for the registration and regulation of the conduct of certain peddlers, solicitors and canvassers and otherwise eliminateing certain practices. §197-2. Definitions. As used in this Chapter, the following terms shall have the meanings indicated: PEDDLER -- A person who goes from place to place by traveling on foot or by any type of conveyance on the streets or from house to house carrying, transporting or conveying goods, wares, merchandise, foods, farm products or provisions, offering and exposing the same for sale or making sales and deliveries to purchasers or who solicits orders and, as a separate transaction, makes deliveries to purchasers. The word "peddler" shall include the words "hawker" and "huckster." PERSON -- Includes the singular and the plural and shall also include and mean any individual, firm, partnership, corporation, voluntary association, incorporated association, club, society or other organization and any officer, employee or agent thereof. SOLICITOR and/or CANVASSER -- Any person who goes from place to place or house to house or stands in any street or public place taking or offering to take orders for goods, wares or merchandise, except as hereinafter exempted, or for services to be performed in the future or for making, manufacturing or repairing any article or thing whatsoever for future delivery. TRANSIENT RETAIL BUSINESS -- A retail or wholesale business conducted in a temporary structure or tent; from a truck, van or trailer; on a parking lot or vacant parcel of land; on a part of public right-of-way; or in any other place for a temporary period of time. Lack of a rental or leasing agreement of three months' or more duration, sealed by monetary consideration, shall be August 28, 2007 Page 60 Minutes Southold Town Board Meeting presumptive of a temporary situation. The type of merchandise being offered for sale will have no bearing on the designation. §197-3. License required. It shall be unlawful for any peddler or solicitor to sell or dispose of or to offer to sell or dispose of any goods, wares or merchandise within the Town of Southold or to solicit or act as a solicitor from door to door within the Town of Southold, or to operate a transient retail business without first registering with the Town Clerk of the Town of Southold as provided in this chapter and obtaining the license prescribed. §197-4. Exemptions. A. The requirements of this chapter as to the payment of a license fee (but not as to registration) shall be held not to include the following persons, who are expressly exempt from its application: (1) Any person honorably discharged from the United States Army, Navy, Air Force or Marine Corps or other components of the military forces of the United States. (2) Persons engaged in delivering merchandise of any nature whatsoever on regular, scheduled routes to regular costumers, including specifically but not limited to persons delivering dairy products, bread and other merchandise over such routes; and, with respect to persons mentioned in this subsection, they shall be exempt from all requirements of this chapter relating to the payment of the license fee or license fees, terms and conditions. B. This chapter shall not apply to any of the following: [Amended 3-24-1992 by L.L. No. 8-1992] (1) Sales conducted pursuant to statute. (2) Sales conducted pursuant to the order by any court. (3) Any person selling personal property at wholesale to dealers in such articles. (4) The sale of fruits and vegetables raised on the property where being sold. (5) Persons soliciting, collecting or operating a sale on behalf of any local bona fide charitable, religious, patriotic or other organization of worthy cause deemed to be in the public interest and which organization is represented locally by a Town resident. (6) Any person selling personal property at a garage sale held at his residence. (7) The sale of newspapers. (8) Any merchant having an established place of business within the Town of Southold. August 28, 2007 Page 61 Minutes Southold Town Board Meeting §197-5. Permitted activities. A. The following activities shall be the only activities which can be licensed pursuant to this chapter: (1) The sale of ice cream, milk and other dairy products. (2) The sale of hot dogs, soda and other items customarily found on hot dog vending trucks. (3) The operation of coffee trucks and the sale of goods ordinarily associated therewith. B. All other businesses hereinabove defined as transient retail businesses shall be illegal in the Town of Southold. §197-6. Application for license. Any person desiring a license under this chapter shall first register with the Town Clerk of the Town of Southold and shall file with said Town Clerk an application, in writing, containing the following information: A. The name of the applicant. B. The applicant’s permanent home residence. C. The name, address and telephone number of the person from whom goods making up the stock, if any, were or are to be purchased. D. Three bona fide business references. E. The place or places of residence of the applicant for the next preceding three years. F. Two recent photographs of the applicant, approximately 2 1/2 inches by 2 1/2 inches in size, together with a complete set of fingerprints. G. A description of the goods, wares or merchandise to be sold and offered for sale and/or the purpose of his proposed canvassing or solicitation. H. For transient retail business, the location where the business will be conducted and a survey showing the proposed location. H.I. The length of time for which the license is required and registration is to be effective. August 28, 2007 Page 62 Minutes Southold Town Board Meeting I.J. Details of any arrests or convictions for misdemeanors and crimes, including the nature of the offense for which arrested or convicted, the date of conviction and the place where said conviction was had. J.K. To said application and as a part thereof, there shall be attached a letter from the firm or corporation for which the applicant works, authorizing the applicant to act as its representative. K.L. A statement by a reputable physician, dated not more than 10 days prior to the submission of the application, certifying the applicant to be free of contagious infections or contagious diseases. L.M. An authorization certification from the New York Sales Tax Bureau. §197-7. Investigation of applicant. Application referral. A. Each application shall be referred to the Police Department, which shall, without delay, institute such an investigation of the applicant's business and moral character as it deems necessary for the protection of the public good and complete the same within a reasonable time. No license shall be issued until the application shall have been approved by the Police Department. The approval or rejection shall be endorsed on the application by the Chief of Police or officer in charge. B. Transient Retail Business Applications shall be referred to the Building Department for review of compliance with zoning and site plan requirements. §197-8. Issuance of license; records; possession. A. The license shall be issued on forms drawn in accordance with this chapter. They shall be consecutively numbered and shall contain spaces for the insertion of the name, location of the business and amount of fee paid. B. There shall be kept in the office of the Town Clerk the necessary books for recording the time the application was received, showing whether it is an application for a new or renewal license, the name of the license, the date of approval by the Town Clerk, the amount of fee received therefor and the date when the license was issued. C. Every person holding a license under this chapter shall be required to have in his possession the license at all times while actually engaged in peddling. §197-9. Fees; expiration of license. A. The nonrefundable fee for each license application pursuant to this chapter shall August 28, 2007 Page 63 Minutes Southold Town Board Meeting be $200 per year or $50 per day or fraction thereof. B. Licenses shall be issued on an annual basis and shall expire on December 31 of the year of issuance. §197-10. Restrictions. A. A hawker, peddler or solicitor shall: A. 1. Not engage in such business at any time between the hours of 8:00 p.m. and 9:00 a.m. B. 2. Not willfully misstate the quantity or quality of any article offered for sale. C. 3. Not offer for sale any unwholesome, tainted, deleterious or diseased provisions or merchandise. D. 4. Keep the vehicles and receptacles used by him in a clean and sanitary condition and the foodstuffs and edibles offered for sale well covered and protected from dirt, dust and insects. E. 5. Not call attention to his goods by blowing a horn, by ringing a bell other than a house doorbell, by shouting or crying out or by any loud or unusual noise. F. 6. Not stand or permit the vehicles used by him to stand in one place in any public place or street for more than 10 minutes or in front of any premises for any time if the owner or any lessee of the premises objects. G. 7. Not create or maintain any booth or stand or place any barrels, boxes, crates or other obstructions upon any street or public place for the purpose of selling or exposing for sale any goods, wares or merchandise. H. 8. Not engage in such business within 500 feet of any school between the hours of 7:00 a.m. and 4:00 p.m. on school days. I. 9. Not sell or peddle prepared foods of any kind, including ice cream, confectionery, beverages, prepackaged snack foods, hot dogs, hamburgers and other sandwiches, on any Town beach upon which is located a concession stand operated under an agreement with the Town or on any parking area adjacent thereto. 10. Not peddle or solicit in any congested place or area when or where such activity may impede, endanger or inconvenience the public or add to the congestion of such place or area. For the purposes of this subsection, the judgment of any peace officer, code enforcement officer of the Town of Southold or police officer, exercised in good faith, shall be deemed conclusive as to the existence of congestions and as to whether the public is impeded, endangered or inconvenienced. B. A transient retail business shall be: 1. Located on a property in a zoning district where retail is permitted. 2. Subject to site plan review by the Planning Board for adequate ingress/egress and parking. August 28, 2007 Page 64 Minutes Southold Town Board Meeting §197-11. Revocation of license; hearing. A license may be revoked by the Town Clerk or the Chief of Police by reason of violation or the terms of the license, the violation of any Town ordinance or state or federal statute or falsification or fraud in applying for the license. The licensed person may, upon making application to the Town Clerk, in writing, request a hearing by the Town Board upon the revocation or suspension of the aforesaid license. § 197-12. Signs. Appropriate signs, as the Town Board of the Town of Southold shall deem necessary, shall be erected by the Highway Department of the Town of Southold at such places within the Town of Southold as the Town Board directs, advising of the existence of this chapter. Any signs associated with sales and business conducted pursuant to this Chapter shall be subject to Chapter 280, Zoning, Article XIX, Signs, of this Town Code. § 197-13. Penalties for offenses. Any person required by this chapter to procure a license who violates its terms or who violates any of the provisions of this chapter shall, upon conviction thereof, forfeit and pay not less than $500 or more than $2,500 for the first offense and no less than $1,000 or more than $5,000 for the second or any subsequent offense. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I should just let the people know that the Town Board got some information just today during our work session that has given us additional insights into this law where we look forward to your input, we look forward to your comments but I think we are probably going to go back and change certain parts of it before we act on it. SUPERVISOR RUSSELL: I will clarify that in a minute. COUNCILMAN WICKHAM: I have comments from the Planning Board to this proposed law, th it is a short memo from the Planning Board dated August 28. “As requested the Planning Board has reviewed this proposed local law and finds that the proposed amendments are a vast August 28, 2007 Page 65 Minutes Southold Town Board Meeting improvement over the current law. The Planning Board recommends approval of this law subject to the following comments and recommendations. 1. We request that the legislation be gender neutral by replacing the term ‘him’ with ‘applicant’. 2. We suggest adding the following sentence under section 197-10B, as reviewed by the Planning Board to ensure the preservation of the unique visual and historic setting of the Long Island North Shore heritage area and the Town of Southold designated scenic byways and finally it is recommended that outdoor seating be prohibited.” I have a memo from Mark Terry, the LWRP coordinator. “We find this proposed action is consistent with the policies, standards and therefore is consistent with the LWRP law.” And finally, Suffolk County Department of Planning, “Pursuant to the Suffolk County Administrative Code, this application is not within the jurisdiction of the Planning Commission.” Comments from Bill Cremers, a former member of the Town’s Planning Board, his comments th are different from, additional to those of the Planning Board itself, dated August 24. “The following are comments to a local law entitled A Local Law in Relation to Amendments to Peddlers, Solicitors and Transient Retail Merchants. Under definitions the transient retail business, one can delete the words ‘or wholesale’ I don’t believe anyone will be selling wholesale hotdogs. Under a lack of rental or leasing, change to a fixed time frame. And Section 197-10, restrictions, A transient retail business shall be, 1., located on a property in a zoning district where retail is permitted. Webster’s Unabridged Dictionary defines retail as 1. The sale of commodities or goods in small quantities to ultimate consumers, as opposed to wholesale, which is an economic good or a product of agriculture, mining or sometimes manufacture as distinguished from services. Retail is permitted in all districts except HD, AHD and RO. Other districts already state ‘the retail sale of etc. etc or any permitted use’ and he describes the AC, R- 80, R-40, RR and LB as allowing retail sales. I suggest the zoning districts for transient retail business will be permitted actually be listed, each one of those districts should simply be listed. Restrictions, subject to site plan review by the Planning Board for adequate ingress, egress and parking. On that subject, since some business zones are adjacent to residential zones, the review should include a review for buffers. Parking requirements for trailer and tables need to be added. Is a public hearing required? Does the Architectural Review Committee need to be involved?” I have documentation that this has appeared on the Town Clerk’s bulletin board outside and it has appeared as a legal in the local newspaper. SUPERVISOR RUSSELL: Okay, would anybody like to come up and address the Town Board, oh, let me just clarify one thing before. There are, several of the problems with the legislation would be considered substantial changes so we would have to go to re-draft it and go to a new public hearing on this to make those types of changes. It is very problematic to have a law that says you have to restrict it to areas where only retailing is allowed and then fundamentally allow retailing in just about every zone you offer. So it is problematic, we are going to have to make some changes. We went ahead with the public hearing because we do want to hear what people have to say regarding this legislation if we are going to undertake redrafting it. We want to include your comments and concerns in any new product. So would anybody like to come up and address the Town Board on this issue? Also, we do have a lot of people here, I do need everybody to go to the mic, state your name fully and your hamlet for the record. DENIS SALZMANN: My name is Denis Salzmann and I live in Southold. I am the owner of Dennis’ hotdog truck and which this meeting or part of this meeting is being conducted. I August 28, 2007 Page 66 Minutes Southold Town Board Meeting opened my truck for business in May of 2007 after securing all the required paperwork from the Town, County and New York State. I also have insurance on both my truck and the business. On opening day at the location of Route 48 just west of Ackerly Pond Road, I wasn’t opened for more than two hours and the Code Enforcement Officer stopped by to question me regarding my permits and permission to be at this location. I showed him all my permits, informed him that I had the permission of the landowner to be there and he thanked me and said everything appeared to be in order. About a month after Denis’ Dog House opened for business, a second hotdog truck, East Coast Dogs opened for business on the corner of Horton Road and 48. I was surprised that the Town would again allow another hotdog truck to operate at this site so close to an established restaurant. While planning to open my own business and looking for a site, I chose not to pursue a specific location because it was too close to an established restaurant. Instead I selected a site a mile west of Horton’s Road because I believed it was far enough away from other businesses and would have little impact on residents and other eating establishments. A week or two after the second hotdog truck opened for business, Scott Russell stopped by at my truck and informed me I was a retail business operating on agricultural property and there was a possibility that I would have to move. Mr. Russell informed me that the Town would work with me to correct the situation because the Town realized they had made a mistake. In the meantime, East Coast Dogs was placing several large signs at their location, along the roadside both east and west of Horton’s Road on other persons property. So after that, I had a second visit from Mr. Forrester, the Code Enforcement Officer. He informed me that I only one sign was permitted on my leased property. None of my two signs were too large, nor anyplace on anyone else’s property but he had to stop by and officially advise me because he had to speak to the other person also. Again, Mr. Russell stopped by that he had to speak to the operator of the second hotdog truck about the size of their signs and their placement, so he was also speaking to me at the same time. He didn’t say that there was anything wrong with my one sign. The next thing I know, lightening strikes. A reporter from the Suffolk Times stops at Denis’ Dog House and asked me about an upcoming meeting at Town Hall on the hotdog wars. I didn’t know anything about the meeting and certainly didn’t care for the term war and therefore chose not to comment to the newspaper at that time. The Suffolk Times then ran a full page story about the two hotdog trucks and their locations and signage. Thankfully the story also clearly stated that Mr. Russell had informed them that I had done everything by the book but yet there was a question about the zoning. As written, the article made it sound as if the second hotdog truck had opened for business before I had and that we were having a sign war, just to set the record straight, let me repeat: Denis’ Dog House opened for business first and I did not engage in a sign or a hotdog war. That is not my style. The article closed with a quote from Mr. Russell, ‘If we don’t do something, we are going to have a hotdog truck in every field.’ Yes, please do something but not something that will put me out of business. Why do you have to go to that extreme? For example, you could limit the number of permits issued. Require that a truck be owned and operated by a resident of the Town or hamlet in which it is going to be located. Please, use your heads in this matter. Because I was upset with the seeming harassment about the operation at my site, I did hire an attorney to represent me with the Town if needed. There was some discussion about Denis’ Dog House moving to Town beach, however, the Town never came to any conclusion on the subject or worked with me on that or any other alternative site. A second lightening bolt strikes. The next thing I know, my attorney called me and advised me that the Town Board established a legal notice, a proposed change to code that the hotdog trucks August 28, 2007 Page 67 Minutes Southold Town Board Meeting operate under and that there was a meeting tonight. It doesn’t appear to me that the Town officials interested at all in working with me to correct the situation they allow. It appears that someone is only interested in putting me out of business. Before the Board makes a decision, I would like them to consider that I did, in fact, follow all the Town rules regarding this business and continue to do so since day one. I am confused with the fact that my business gets such immediate attention and scrutiny from the Town officials and yet anyone can check out for instance, the signs at the farmstands, the wineries. How many signs do they have? How large are they? I happen to have some pictures, probably that is for later on, of the signs around town that offend me. Is someone going to do something about that? As you can see from these pictures, there are farmstands selling items not from their own farms or the five eastern townships. Maybe even from out of state. Are they under scrutiny for their retail sales on agricultural land? And what about the mini-amusement park atmosphere? Are they cooking on premise? Perhaps selling too many manufactured items? Imported cheeses. A cigar store on a vineyard property. Are they catering halls or are they wineries? What about the traffic they cause? You have got the picture. How many used car lots do we have in this Town? I constantly see cars almost, and almost anything else being sold, particularly on Route 48 and Tuckers. I thought that Mullen and Lucas were the only new and used car lots in town. There was one marina that constantly has a boat for sale at Wickham and 48. I don’t know whether that is an advertisement for the marina or they are operating a retail business on the side of the road. Who knows? No one from code enforcement appears to be working on the weekends, so people can do whatever they want. Be it construction, sales, signs or whatever. Probably everyone has seen the article published in yesterday’s Newsday. One of the things that struck me in the article was that it says that the Town has been working on revising the farmstand code for three years. Is that true? And the farmers police themselves. That is interesting. You have been working on the farmstand revision for at least three years, you have been working at the animal shelter for over 10 years, you have been working at the new Town Hall even longer than the animal shelter. But you can revise the Town Code for the operation of a hotdog truck quick enough, can’t you? You can crush a simple working man’s business at the speed of lightening. I suggest that you are practicing selective code enforcement and my rights are being trampled on. The issue of safety has also come up regarding the location of Denis’ Hot Dogs. Let’s review everyone’s business location and the accidents that have happened in front of their locations. Denis’ Hot Dog truck has not caused any traffic jams or congestion at the site. No one has been killed in front of my business, no pedestrians crossing to the beach or a restaurant have been hit at my location as has happened at other business sites. I don’t sell alcoholic beverages to anyone, they can drive their motorcycle or cigarette boats any faster or up on jetties as has happened in the past. I wanted to open up a hotdog truck to serve the people of Southold and its visitors. I wanted to enable people from all walks of life to purchase the all American hotdog, prepared the old fashioned way, for a reasonable price. I wanted families to enjoy a traditional hotdog, lunch without breaking their pocketbooks. Hotdog trucks are the American tradition. They traditionally operate from a set location on the side of the road. Some towns have been overrun with too many trucks and some seedy looking ones. I admit this and I wouldn’t want to see it happen anywheres on the North Fork. I was as surprised as anyone that the Town would allow two hotdog trucks to operate within a mile of each other. Yes, something has to be done but I don’t think Denis’ Hot Dogs should be put out of business to get control of the situation. I have gone out of my way to keep it clean, neat, safe, pleasant and tasteful operation, trying not to August 28, 2007 Page 68 Minutes Southold Town Board Meeting offend anyone. And make no mistake, putting me out of business is exactly what this code is aiming at. The proposed code would require a hotdog truck to operate only at sites that have been zoned retail business. I pulled up the zoning map of the Town to see where I can operate and they don’t even have the designation called retail business. The Town doesn’t even propose a hotdog truck be permitted to operate on commercial business or industrial property. Only retail. More over, if we could find a landlord owning a retail business or zoned business willing to rent the space to my hotdog truck, they would have to have a survey and a site plan review by the Building Department and we all know how long that would take. And there is no doubt a cost involved for all in this. What prospective landlord would want to go through that? Since Denis’ Hot Dogs has opened, thousands of hotdogs have been sold. There was a market out there and we are serving a need. Many people tell me every day how happy they are that they can stop and enjoy a decent, inexpensive meal. One customer jubilantly explained that Denis’ Hot Dogs is the best thing that happened in Southold. I don’t know about that part but…Denis’ Dog House provides a friendly atmosphere and we really enjoy our customers. I propose that the Town either grandfather me in as a non-conforming business as they did when they changed the code for farmstands or completely reimburse me for the loss of income, the investment made that is relying on the Town code. Everyone has admitted and agreed that I have done nothing wrong. I made a significant investment to operate this business in the Town of Southold and follow the rules. Southold is where I live, the Town my family and I have been homeowners in for over 60 years. I volunteer my time at the Southold Fire Department, serving as a first lieutenant in the fire police. I also serve as a volunteer on the Town Advisory Committee. My motto has been to live and let live. I have never complained to the Town about anything, preferring to allow people to do what they have to do to make a living. I hate that these circumstances have put me in the position of being the type of person I don’t want to be, complaining about other people just to make my point. And speaking in the first person is something else I don’t like to do. I am a resident who is committed to serving his community. I chose to live here, plan to die here, peacefully. Instead, the Town Board is killing me. In spite of that, I will close with one of my favorite expressions and one that I try to live by. Peace be with you and let it begin with me; aided by you of course. Thank you. And thank everyone up here. SUPERVISOR RUSSELL: I really thought you guys were here for the Ag PDD thing. Denis, let me just bring some clarity to some things. First I did stop by to see you at the hotdog truck not because, I didn’t say that the Town made a mistake, I said it was clear that you thought you were doing everything right based on the law but we have a bad law. That is a lack of clarity. I actually met with your attorney and I happen to agree with her legal opinion on the lack of standing there. also, the quote in the Suffolk Times, ‘If we don’t do something we will have them in every field’ I told you a long time ago, that actually wasn’t my quote, it was actually another councilman’s quote that had been attributed to me in the paper. But he raises a point, how many, what do you, if you don’t bring at least some governance of some type, I am not saying this law is the way to go but if you don’t bring some governance of some type, how do you provide a level playing field for the businesses out here that actually pay property taxes to have a commercial enterprise and to get into that retail, so we need to bring some leveling affect to all of this. I also told you I think you would deserve a, I am not a legal advisor by any stretch but I also thought that because you thought you were doing everything right, you followed every August 28, 2007 Page 69 Minutes Southold Town Board Meeting rule, you should be able to qualify for some sort of pre-existing, non-conforming standing if there is such a thing with this legislation. You were there before any new law comes to be. With that being said, would anybody else like to come up and address the Town Board? JOAN FLECK: Joan Fleck, Bay Avenue in East Marion. A few weeks ago, I was very aware of ice cream trucks going around because of the jingle that they make. I have been living here for 14 years and I never heard that before. SUPERVISOR RUSSELL: Ice cream trucks are permitted. Actually, under the current law, the peddler’s law; they are not supposed to be ringing bells or anything of that nature. One was doing, I actually grew up here with the ice cream trucks and they never used them but I guess some are now. They are not supposed to but they are certainly permitted to drive through the communities to sell ice cream. MS. FLECK: How do you stop them from the music? SUPERVISOR RUSSELL: What you need to do is if you can’t successfully discuss the issue with them, just call us and we will send someone out to talk to the vendor. About not ringing the bell. MS. FLECK: Okay. Thank you. COUNCILMAN KRUPSKI: I have to, before there is another comment. I do have to compliment the Supervisor, he has been, I think he has handled this pretty well throughout the whole thing because it is kind of an odd issue. And these things come up actually all the time in Town, where something new comes up and the code is silent on it or it is not addressed properly or it is outdated or antiquated and it takes time to react and you want to get everybody’s opinion on what is best for the Town, not just today but you know, five years, ten years from now. so, I think he has handled it pretty well overall and we are making progress. That is why we have public hearings, to get input on these things. SUPERVISOR RUSSELL: Would anybody else like to comment? ED COAKLEY: My name is Ed Coakley and I am a friend of Denis and I just would like the Board to think again about the financial impact not only on Denis but on the other person who operates the other hotdog stand. That they have followed the proper Town procedures. I don’t like the fact that the other person has a sign the square footage of which is larger than Lucas Ford and Eric’s combined, I don’t think that is right but again, there are other options. Grandfather both vendors for a period of years, grandfather their locations, grandfather the right to do business for a period of years during which the business stays in their immediate of family or family. At the end of that period, if they decide to sell the business then their rights under the grandfather provision expire. There has to be a way to treat both of these people equitably as I believe they both have the right to do business in the Town of Southold, thinking that their efforts were in line with the current provisions and ordinances in Southold. August 28, 2007 Page 70 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: I agree. You made a good faith to follow the rules and the rules happen to change on you, that is something the Town Board should be cognizant of, I agree with that. On the other issue, the sign. I think that sign story got a little bit out of hand. We just really had some issues with the signs governing, with one vendor. It wasn’t a sign wars, I never saw you with more than two, tops. So I think that was just sort of a side issue that sort of got a little bit more focus than it needed to. BRIAN MAHONY: Brian Mahony, resident of Southold. A crazy thing like hotdogs, I mean how this got all this attention. And the young lady brought up about the ice cream trucks, there are two of them that are going from Southold, one after the other with the music, whatever they play. But yeah, if they want to make money, that is fine. I don’t have a problem with that, I really don’t. and I am not picking on anybody in the room here but go back to the farmstand issue. We have farmstands selling Christmas trees that aren’t even grown out here, that come from Canada. We have farmstands baking pies that come from Mrs. Smiths. And all of a sudden, we have got a couple of guys selling hotdogs and everybody in this Town, I just can’t believe this Town Board and these code enforcement people ain’t got nothing better to do. I just can’t believe that it has come to this, that you even allowed this circus to start like this. And meanwhile, you go to farmstands and I am not picking on you, Mr. Wickham but I see, not your farmstand but other farmstands (inaudible) some of these farmstands that is not made out here that has no business being in the farmstand. And now where do you draw the line of they are selling roasted corn, some of them are selling hotdogs, some of them are selling other things. Where are you going to draw this line? You are not going to make everyone happy. And I think, you know, like Denis said, he was there, he did everything right. and I am behind him, I think the man has got a legitimate point. But then you have got to go back and change the rules for everybody else because it is, you know, maybe Mr. Wickham has been there 100, 200 years or whatever. That is beside the point. You are not going to make the rules and change them as we go along and that is what you guys can do all the time with a lot of other issues in this Town and that is why I am here speaking up tonight because this is not, I mean it is a hotdog issue tonight but what is going to be the next issue? And you guys have got to start playing a little bit more consistent on your rules and not make them as you go along because that is what happens in this Town all the time and I disagree with some of the decisions you guys make and how it is done and how the process is followed and I think you guys need to, you know, really look at the issue because if you get Denis then we start to look at farmstands, produce stands, ice cream trucks. Where is it going to end? That is all I have to say. Thanks. JL CONWAY: JL Conway, I live in Southold. I agree with grandfathering this in. I don’t want to see this deteriorate to the name game and blaming everyone. And I don’t think we want to see vendors on every street, so whatever you do, just grandfather these people in but restrict it somewhat in the future. Thank you. BOB BOERGESSON: Bob Boergesson, Southold. For those of you who don’t me, I have lived in Town my whole life. Spent about eight or nine years on the road doing clinical evaluations on patients on Long Island and probably have hit 75% of all the hotdog trucks on Long Island at some point. The two that we have here in Southold are pretty classy hotdog trucks compared to some of them I have stopped at. I think one of the things we have heard, now, do I understand August 28, 2007 Page 71 Minutes Southold Town Board Meeting that this hearing now will be extended to another hearing before any decision is made? SUPERVISOR RUSSELL: It is clear we would have to re-draft legislation. It is significant enough of a change that we would probably re-require a new hearing. The hope is tonight is to incorporate a lot of this into a discussion. MR. BOERGESSON: Having spent 21 years on the school board, I think you are taking the right stand on that. There is no doubt about that. And the other thing is, if you are going to pursue this, the grandfather thing is probably not a bad idea but maybe you should tweak the amendment a little tighter though on the Town’s ability to issue the permits per location. I think Denis had a good point, that you know, he opened where he thought was okay. SUPERVISOR RUSSELL: Mmmhmm. MR. BOERGESSON: The other one opened less than a mile away. Probably not a good thing for the Town to have allowed to happen. Maybe if you put a five mile circle or something you know, in where you are going to issue permits to. I am not sure you are allowed to do that but you know, that sort of tweaking before you get to the next public hearing so we are all pretty happy with the outcome. SUPERVISOR RUSSELL: To be frank, it is kind of a tough call because I think why you got so much attention is because it was a hotdog truck in the middle of a farm field. Yet when you look at a hotdog truck right next to an existing business that paid a lot of money to do a site plan, is that really better for you? to be right next door and going head to head with, it is a tough call, I am not sure we didn’t over react a little bit to the presence of two hotdog trucks. But again, it is not the two it is the 20 and that is where you want to be cognizant of. But I think that there is no real reason to not be a little bit, to step back a little bit from this and be a lot more thoughtful in the types of legislation that we want to create. MR. BOERGESSON: Many years ago when I was frequenting hotdog trucks much more often, I thought it might be a good thing to do and when I looked into Suffolk County regulation on it and I don’t know if it is any longer in existence but it said that you could not vend within 500 feet of a licensed restaurant, licensed by Suffolk County. I don’t know whether that is still in effect now, I presume not because I would think code enforcement would be on that like, you know, a dog on a rabbit. But, anyway, thank you for listening to me. SUPERVISOR RUSSELL: No, I appreciate it, Mr. Boergesson, very much. And Denis, I tried keeping the communication with you open because I know that you went through the whole process as fair and square as you could. And just as a side note, I went to him a couple of weeks ago and I pulled up in my car and I walked to the window and he said, ‘is this good news or bad news’ and I said ‘I need four hotdogs and two bags of potato chips.’ He said, ‘that is good news.’ So, we bat about .500. Would anybody else like to comment on this issue. COUNCILMAN WICKHAM: Did you pay for them? August 28, 2007 Page 72 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Yes, I did. Yes, I did. No discount there. MR. SALZMANN: He left no tip. SUPERVISOR RUSSELL: That is right. I don’t tip owners. I don’t tip my brother, either. Would anybody else? BILL WITZKE: Good evening, I am Bill Witzke from Southold. I am a business owner in this Town also and we all know without rules, it is mayhem. And I feel kind of unfortunate for this whole situation for Denis, he is a very good friend of mine and I don’t envy you of being in this position how to do this juggling act right now. but if somebody came to me after I did all the rules and regulations and followed everything like I was supposed to do and says hey by the way, we are not going to let you do it anymore, I would be rather upset, to say the least. And I can certainly empathize with Denis being in that position. So I can only implore you to please, before we make any other decisions on this to take into account a man’s livelihood here. I realize we have a beautiful town, you have a very big responsibility to keep it in that condition and we don’t want, as anyone said, these establishments on every corner. But as you have said, he has already been allowed to establish a business, so take that into account. Thank you for your time. SUPERVISOR RUSSELL: Thank you, Bill. ANN MEDFORD: Ann Medford, Southold. I just want to follow up on what Bill just said. I don’t think that the issue or the fact that this is a hotdog stand is really the issue at hand. I don’t think that the issue and the fact that he is a wonderful human being and a great member of the community is the issue. I think you have an opportunity as a Board when you go back and review this thing to really make a statement to us, the general public, those who have to go for permits for our homes, those who have to go for permits for future businesses, to come back and say, there was a situation, we have Denis as an example of an honest man who is doing the right thing, who has stood by it. Had an opportunity to blast whoever he wanted to in that article and chose not to do it and to use him as a rising example of someone who tries the right way and turn it back to the Town and say we respect that and we reward that, I think that is your opportunity. SUPERVISOR RUSSELL: Very good point. Very good point. CHIP PENNEY: My name is Chip Penney, I live in Greenport. I am a friend of Denis’ and I think he makes a valid point when you have to be very careful, the language of this law that you are going to state, you know, how he can present his signs and the type of products he can sell and whether or not he is selling corn he is selling hotdogs, if you are going to go that strict and determine how he is going to conduct his business, you really should look at considering farmstands in this type of law because you know, anytime you travel Route 48 during the season, you know, you can see farmstands operating on either side of the road and it is a tremendous safety issue. When you talk about safety and somebody, you know, you are going to say to Denis somebody might get hit out in front of your hotdog stand, there is many times I have been through Mattituck on Route 48 and have had to stop for people crossing the road, parking on August 28, 2007 Page 73 Minutes Southold Town Board Meeting both sides of the road. You know, you need to expand the language and everybody loves farmers, I love farmers, I love living in Southold but also you know, there should be no difference between a farmer and a business owner. And I just think that should be revisited before this language is written. Thank you. SUPERVISOR RUSSELL: Thanks, Chip. Would anybody else like to come up and address the Town Board? (No response) Can I get a motion to close? COUNCILMAN KRUPSKI: No, we can’t close it. SUPERVISOR RUSSELL: Well, we can close it… COUNCILMAN WICKHAM: I think we should close it because we are going to revise it and bring it back and re-open a whole new hearing. I don’t think we should continue this one. ASSISTANT TOWN ATTORNEY CORCORAN: Anything you do is going to require a re- notice and a re-hearing at this stage. Close it, don’t act on it. SUPERVISOR RUSSELL: We are going to close this hearing. I will get a vote from the Board and you know, I am going to strongly suggest that we consider tabling this legislation, look around and what we can come up with that is fair and considers everything that was said. We don’t want this thing to exacerbate throughout the entire community but we want to be respectful of people that do follow the rules, even if the rules aren’t good and that was an excellent point. Can I get a motion to close? RESULT: CLOSED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Russell ABSENT: Louisa P. Evans Motion To: Motion to close public hearing COMMENTS - Current Meeting: COUNCILMAN WICKHAM: I think we ought to say something about the process of going forward. And I would think that the Board should hold some meetings, perhaps, through one of our statutory committees and if there is sort of a lesson behind this, to me at least, is that you don't just draft legislation in a vacuum. You really need the people who are affected to participate in one way or another. I don't think we heard enough of that input as this legislation went forward, so I hope we can correct that in the coming weeks. COUNCILMAN ROSS: That is what hearings are for. SUPERVISOR RUSSELL: That is right. It is closed. I will get a hold of you. What we will do is in the near future, schedule something for the Town Board to work out a Code Committee meeting and have you come and have you give us some input. MR. SALZMANN: Thank you. August 28, 2007 Page 74 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Okay. RESULT: ADOPTED [UNANIMOUS] MOVER: Daniel C. Ross, Councilman SECONDER: William P. Edwards, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Russell ABSENT: Louisa P. Evans Motion To: Motion to reopen regular meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Daniel C. Ross, Councilman SECONDER: Thomas H. Wickham, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Russell ABSENT: Louisa P. Evans VII. Closing Statements Supervisor Russell SUPERVISOR RUSSELL: With that being said, that closes our regular business. Would anybody like to come up and address the Town Board? Mr. Carlin? Frank Carlin, Laurel FRANK CARLIN: Good evening everyone. COUNCILMAN WICKHAM: Good evening. COUNCILMAN KRUPSKI: Good evening. MR. CARLIN: I lived in this town for 53 years. I remember back when the zoning code had one page to it. 1959. Now it has over maybe 250, I don’t know, I lost count. But it took all this time to try to figure out how to run a hotdog stand. That should have been done a long time ago. One of my subjects tonight and I have a few of them, I can’t go through all of them, the meeting was too long and the raccoons are waiting for me to get home, they want to be fed. This television operation we have here, Scott, is pathetic. I mentioned to you at the last Board meeting. You still have that hesitation of one to two seconds and it is annoying when you watch it. And it has been going like that since you put it on the Internet. That is your problem right there. I know electronics. I hold the highest FCC license you can have. Your problem is that Internet. Since put on Internet, you are having problems. Everytime I come here, it takes Betty, it takes this gentleman to try to get this thing figured out. If you are having problems with it, you are paying to have this, get the vendor to come here with somebody that has the technical knowledge to straighten this out or remove it from the Internet. We don’t need this thing on the Internet. Video and audio is enough. COUNCILMAN EDWARDS: Mr. Carlin, it works fine at my house. MR. CARLIN: Well, it don’t work at my house. And my television is right. August 28, 2007 Page 75 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: You know, we actually… MR. CARLIN: Other people are the same way. SUPERVISOR RUSSELL: We went…. MR. CARLIN: Do you know what I am talking about? Hesitation. COUNCILMAN EDWARDS: No, I don’t. MR. CARLIN: Then what are you saying it works fine for? COUNCILMAN EDWARDS: I don’t see the hesitation… MR. CARLIN: It is a hesitation, it goes bppt, bppt and also effects the sound. It blinks. It blinks. COUNCILMAN EDWARDS: No, it doesn’t. At least, I can only say what it does at my house and it doesn’t do any of those. SUPERVISOR RUSSELL: You know, we subscribe to this as a pilot initiative. Actually, Albert and myself were discussing the issue this morning. I think the Town Board needs to put it back on the table now that it has been operational for a few months and get a sense whether there is any public interest in continuing forward or not. MR. CARLIN: Get rid of it. Get rid of it. SUPERVISOR RUSSELL: That is a discussion we are going to have to have as a Town Board. MR. CARLIN: Get rid of it. In second place, not everybody has a computer. SUPERVISOR RUSSELL: Everybody has access to one through their local library, however. For Internet service. MR. CARLIN: Not everybody has to go for it, this is fine. We had this for years, not for years but maybe 15, 20 years. And this is fine. You have got your audio, your video, you are on three times a day. You don’t need this. You are having problems with it, you can’t control it, it has been going that way for and not alone this flickering on. I remember two years ago, when it would be snowy, it would be a lot of buzzing there or there would be sound. I was cut off a couple of times. Mrs. Egan was cut off a couple of times. When Horton was here and they couldn’t figure out, how come Frank Carlin was speaking, I was cut off? I would go to Cablevision, they would blame the Town and the Town would blame Cablevision. So this has been going on now for a long time, Scott. August 28, 2007 Page 76 Minutes Southold Town Board Meeting COUNCILMAN KRUPSKI: It is probably Cablevision. We will say it is Cablevision. MR. CARLIN: There you go. Okay. COUNCILMAN ROSS: I guess one question, Mr. Carlin, is if there is anyone out there that is watching on the Internet, we would like to hear from them because it was adopted as a pilot program and we are going to revisit it and if there is somebody… MR. CARLIN: I don’t know if this is happening on the Internet or not. It is happening on regular TV. COUNCILMAN ROSS: But if anyone is using, if anyone is viewing these meetings on the Internet, let us know because if you don’t let us know, we are going to assume no one is looking at it. SUPERVISOR RUSSELL: If we made a mistake subscribing to it, it was only in the best intentions. I am trying to bring as much information to the public and we wanted to revisit it to see if there was public interest. MR. CARLIN: How much does this cost? SUPERVISOR RUSSELL: I don’t want to guess, it is about $300 a month, Betty? MR. CARLIN: More, more? SUPERVISOR RUSSELL: More than what? MR. CARLIN: How much is it normally cost without the Internet? SUPERVISOR RUSSELL: Oh, the taping doesn’t cost us. We actually get reimbursed through a Cablevision franchise agreement that I had read when I first became Supervisor. I submitted all the past invoices to Cablevision and they reimbursed me every penny for the taping. MR. CARLIN: But how much is the Internet costing? SUPERVISOR RUSSELL: It is about $300 a month for this link. MR. CARLIN: At least if you are paying for it, it should be right. There should be technicians around someplace that can take of that. SUPERVISOR RUSSELL: We hear what you are saying. MR. CARLIN: Okay. Helicopters. We could go on a Sunday night, outside my patio, from 6:00 till 8:00, I counted about 25 of them going over Mattituck. Over my area. They start around Thursday, back and forth through the weekend, carrying these business people or whatever to August 28, 2007 Page 77 Minutes Southold Town Board Meeting Hampton Bays or East Hampton, West Hampton, South Hampton and all of that. Why can’t they route those, being that the FCC don’t control them, why can’t they route those helicopters two different ways? Route them to go east of Plum Island and go along the Sound or go around Montauk and go around the ocean. Why do they have to cut across Mattituck for? You ever think about that? SUPERVISOR RUSSELL: Oh, I did. And I did a lot of research, I actually contacted the other jurisdictions. East Hampton airport, which is municipally owned, had made a deal with trade organizations, one in particular out of Yardley, Pennsylvania which sort of governs as a gentleman’s agreement, the flight operations of these helicopter charters and they have quite literally said, ‘you know what? Let’s cut this helicopter issue by going over Jessups and across the North Fork to keep Southampton happy’. I am meeting with the supervisor’s of both towns on Thursday to discuss and press this issue. I have been ringing this bell at the federal level, the FAA won’t get involved unfortunately. Dan Ross is actually looking at, we had discussed the possibility for a legal option if we need to go that route. But there is no question that the south fork is making us live with the conspicuous consumption of their residents. No question about it. MR. CARLIN: Well, according to your last meeting, it is politics. And this Town should be doing something about it. Have you got a letter off to Hillary Clinton? Have you got a letter off to Schumer? Have you got a letter off to Bishop? SUPERVISOR RUSSELL: Yes. Yes. MR. CARLIN: You have got them all off? SUPERVISOR RUSSELL: Yes. And to the state reps as well. MR. CARLIN: Okay. So you are telling me that Southampton… SUPERVISOR RUSSELL: East Hampton. It is the airport owned and operated by East Hampton. MR. CARLIN: Control it and are letting them come over our area. I don’t think we should let them do that. SUPERVISOR RUSSELL: I agree with you. COUNCILMAN ROSS: We are working on it, Mr. Carlin. MR. CARLIN: You had better work on it now. SUPERVISOR RUSSELL: I am working on it now. MR. CARLIN: Not 20 years down the line. August 28, 2007 Page 78 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: I am doing it everyday. I get telephone calls for helicopter traffic every single day. It is getting very incessant and ridiculous. MR. CARLIN: I get a lot of people coming to me when I go downtown complaining about it. SUPERVISOR RUSSELL: Yeah. They are complaining to me, too. MR. CARLIN: And I tell you, I hate to see this happen. I hope it don’t happen. You need one to go in someplace here and then everybody is going to wake up. It is going to be too late. You have got to strike when the iron is hot, gentlemen. You know the…. SUPERVISOR RUSSELL: I have got a hot iron, I don’t know who to strike it with. My problem is I have got a hot iron, I don’t know who to strike it with. The FAA has been absolutely no help. MR. CARLIN: Look around and find something. SUPERVISOR RUSSELL: We are trying. MR. CARLIN: But they, East Hampton can’t control what we want over here, either. Would they like it if we put our helicopters or something over there? COUNCILMAN EDWARDS: We don’t have…. MR. CARLIN: They didn’t want the ferry boat over there, they didn’t get that either. SUPERVISOR RUSSELL: That is right. We are getting stuck with their air traffic now. MR. CARLIN: Yeah. Big deal. Big deal. Camp Malloy. Made a mistake last week, they are not pheasants in that house, they are quail. They are already this size now. did you know they were in there now? You said you didn’t know they were in there? SUPERVISOR RUSSELL: The quail. Yeah, I knew they were quail though. Who said pheasant? MR. CARLIN: That was my mistake. But they are a good size. The little ones. But that is a house, right? SUPERVISOR RUSSELL: That is what is left of the house. MR. CARLIN: So I guess it is alright to raise quail in the house? SUPERVISOR RUSSELL: We actually anticipate demolishing that house. MR. CARLIN: Changing the zoning there. What? August 28, 2007 Page 79 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: We anticipate demolishing that house when we get state funds to do that. MR. CARLIN: Oh, okay. COUNCILMAN ROSS: When the quail grow up. SUPERVISOR RUSSELL: Yeah, and go off to school. MR. CARLIN: Oh, animal shelter? Can’t miss that. Stopped over there a week ago, nothing was done but you leveled the land down. But then I stopped down there tonight and you got all the concrete poured already. Very good. Nineteen years. Boy, that made tears come to my eyes. Nineteen years before we could do that. See, I have been on here a long time. I stood before six supervisors. So I know what is going on in this town. SUPERVISOR RUSSELL: They should have threatened to sell hotdogs 20 years ago. We would have gotten it done. MR. CARLIN: I could tell you a story about…. SUPERVISOR RUSSELL: I know. Look, it is done, it is part of the history of Southold now. It is a new facility that…. MR. CARLIN: I see you took care of that drain problem, I think it is pretty well under control now. SUPERVISOR RUSSELL: We still have more work to do. We still have more work to do but we did some. MR. CARLIN: I don’t think you got much more work to do. Scott, there is nothing there to do. It is all filled up, I think it is going to work fine. SUPERVISOR RUSSELL: I hope so. MR. CARLIN: I got one big issue here, I wasn’t going to do it tonight but it must be done. What you said? Did somebody say something? What did you say? UNIDENTIFIED: Please don’t take a lot of extra time. MR. CARLIN: Tough. I stood here for three hours listening to everybody else. You know, I remember you (inaudible) my McDonald’s meeting when I was fighting it for five years. I remember you. Don’t start with me. I got some pictures here I took Tuesday, Wednesday I think it was. (Inaudible) Two years ago, Krieger drove a well at the information center across from my house in Laurel. They went down 35 feet. They had a lot of problem with the water and rust and the water being hard, which I have also. They had to come back a year ago and August 28, 2007 Page 80 Minutes Southold Town Board Meeting drive down 135 feet with a casing. Last week, had to go back, pull the well out and use 120 pounds of air pressure to blow that well out. And what came out of that well is you see in the picture, all that rust. That the kind of water we have there. and I got there when the rust was out of but was on the ground. For an hour the guy was pumping that, you could see that, going up 20 feet in the air. That is the kind of water we have there. what I am getting out is Suffolk County Water Authority can put the water in, public water in Delmar Drive, Peconic Bay Boulevard, Bray Avenue and the golf course, which is right behind me. But us poor tax payers can’t get anything from Bray Avenue to the Laurel post office. We don’t even have a fire hydrant. Why? Because they give you that story, well, there is not enough houses. Malarkey. When you put water in the Town, everybody should be able to have water. Don’t use that excuse and I will tell Mr. LoGrande or anybody else. And we need water bad there. I have a rust filter on mine and a salt filter. To get soft water. But my argument is, if they can do all of that, why can’t we have it? We are taxpayers. We don’t have 25 houses but we have houses. Riverhead has hydrants all the way from Riverhead to the Laurel post office. We don’t even have fire hydrants. And I think an insurance company, if you live a certain distance from a fire hydrant, you get a little reduction on your insurance, too. Why? And I offered a year ago, I offered at the Town Board meeting, I offered to the Water Authority, I would give them permission to run the main on my property, from the golf course, under the track and go west because going under that bridge could be a problem. I offered, volunteered to use my property to run their line but nothing ever happened. I don’t think it is fair. COUNCILMAN KRUPSKI: We really have very little authority over… MR. CARLIN: No, I know you don’t have, I know that but you shouldn’t have let them come in here to start with if they couldn’t give everybody a decent amount of water. COUNCILMAN KRUPSKI: We shouldn’t have let them come in to start with if we had no control over what they did. MR. CARLIN: Yeah, but you shouldn’t have let them come in to start with. COUNCILMAN KRUPSKI: I agree. MR. CARLIN: Greenport let them come in, what was it, $3,000,000. and they took it over? One more thing. Evacuation plans. Do you have really one plan in case we have a disaster here? SUPERVISOR RUSSELL: I don’t have just one plan, we several different components anticipating different disasters. From Mill Stone to bird flu, to hurricane preparedness. We have a comprehensive master plan. That includes a lot of that we have contracts with bussing companies and the need to move large numbers. We have the sort of sub-regional plans to move people say out of Greenport, which is a low lying area, over to Peconic Landing. We have even a transportation component that includes Cross Sound ferry as a subscriber, should we need their services. MR. CARLIN: What I mean is, did you ever issue to each hamlet area so people who live there, August 28, 2007 Page 81 Minutes Southold Town Board Meeting actually the information where they can go in writing? Where they belong to? Say I might have to go to Mattituck area high school…. SUPERVISOR RUSSELL: Yes. MR. CARLIN: Or not to depend on going around with a PA system if you can’t get there or something? SUPERVISOR RUSSELL: Yeah, we sent out a town wide mailer last year right around hurricane season. We are going to send out a reminder this year. The problem is, it is very costly to send out mailers all the time. Last year, Senator Ken LaValle was gracious enough to find me $10,000 to offset my cost. But we would like to send another mailer soon. But we send out a four or eight page information packet that included everything. We have also hosted seminars and we put it on the website, we put it on channel 22, we have had training. A lot of interest and a lot of activity in emergency preparedness. MR. CARLIN: Okay. I will continue on the next time. You can keep all the pictures. SUPERVISOR RUSSELL: Thank you, Mr. Carlin. John Murphy JOHN MURPHY: Good evening, John Murphy, Cutchogue. I am currently employed at the Southold Town Nutrition Center. I would like to address an issue that came up at the last Board meeting. Ms. Egan got up and spoke on, I believe it was 10 points. The Board commented on everyone except the one where she brought up the change at the Nutrition Center. The change at the Nutrition Center is me. I resigned. The reason I resigned, my wife and I decided a long time ago to relocate to South Carolina. This, Ms. Egan, stood up and just said, ‘oh, another change at the Nutrition Center, got to be bad management.’ Now, I noticed the Town Board commented on every opinion that she had except this. I think this is unconscionable. What she said besmirched the reputation of the supervision and the people I work with. Bad management could not be further from the truth. I love that job. My wife is sitting right behind me over here, we had a big argument after I started this, I said, ‘you know, can we put off our move to South Carolina, I like working there so much.’ If it was bad management, I don’t think I would do that. I think that Ms. Egan in general and the Southold Town Board in particular owe Karen McLaughlin and all the staff and personnel at the Southold Town Nutrition Center an apology. Thank you, that is all I have to say. COUNCILMAN ROSS: We are sorry, sir. MR. MURPHY: Please, don’t apologize to me. COUNCILMAN ROSS: We assume that everybody in Southold knows that Karen does an A-1 job and that facility is run top notch but if they don’t, they should. COUNCILMAN KRUPSKI: We appreciate your comments. MR. MURPHY: Why didn’t you comment on that when she said bad management and everyone August 28, 2007 Page 82 Minutes Southold Town Board Meeting just let it slide by when you commented on every other… SUPERVISOR RUSSELL: Mr. Murphy, I will tell you exactly why I did and if I was wrong, I will certainly go to Karen and apologize directly tomorrow. My problem was, those comments come pretty regularly from Mrs. Egan and I didn’t want to give her credence because… MR. MURPHY: I understand that… SUPERVISOR RUSSELL: And have a public debate over someone that everybody in this community knows does an excellent job down there. MR. MURPHY: Okay. But my point is this, she made the comment. You did not refute or rebut her at that time and if anybody read my resignation letter, did anybody read it? Okay? You could not possibly conceive that it was bad management, the reason I am leaving. But to allow this woman to read something into the public record without comment, it looks like you are almost agreeing with her. You could have said, excuse me, Mrs. Egan, I have the letter right here. Let me read it to you. If you have a copy, I will read it myself right now. Okay? But I just think it was…. SUPERVISOR RUSSELL: You are 100% right. And Karen is owed a public apology tonight which I will extend and she is also owed an apology tomorrow, when personally I will go see her. MR. MURPHY: Thank you. Couniclman Ross Supervisor Russell J.L. Conway, Southold JL CONWAY: JL Conway, Southold. Two things. Garbage along the streets, that is something that really bothers me and whenever I talk to anyone about it, it usually ends up being a conversation on how it got there. Maybe you guys can talk about what to do about it rather than how it got there. And number two, deer population. If anybody is looking around the fields lately, it is exploding, it is becoming dangerous. It is a matter of time before there is a fatal accident or when we have Lyme disease and I know it can be a touchy subject and you guys can’t directly do anything, you have to work with the DEC but treat it as a health and safety issue and look at it that way. SUPERVISOR RUSSELL: Yeah, you are a 100% right. The litter issue, I had proposed a volunteer litter corps several months ago. Dan Ross, who had done a lot of this in the past, had suggested I sort of find a sponsor organization to help me shepherd this. I just met with the new Greenport/Southold president of the Chambers of Commerce, who wants to take this on. So what we would like to do as sort of co-sponsors, create this little corps of volunteers to assist and also with DPW’s assistance and also wherever else we can find that help to attack the litter issue, which is town wide, back streets, main streets, everywhere. I grew up out here, I never August 28, 2007 Page 83 Minutes Southold Town Board Meeting remember seeing the roads so littered in all my life. On the deer issue, I have been struggling everyday, you know, the funny thing is to make the DEC happy, I get a no from the Suffolk Department of Health. To get the Department of Health, I get a no from them. It is a huge crisis and it is a health crisis and that is another issue I am meeting with the east end Supervisor’s on Thursday. You are exactly right. MR. CONWAY: Thank you. Julie Rapuano SUPERVISOR RUSSELL: Can I have everybody at least go and then you can come back? Ma’am? JULIE RAPUANO: My name is Julie Rapuano, I live in Cutchogue. We were late, we were at the Cutchogue stakeholders meeting, so I just have one question. Has the revised traffic study been initiated for the hamlet? COUNCILMAN WICKHAM: Revised what? MS. RAPUANO: Traffic study. Are we doing a new traffic study? SUPERVISOR RUSSELL: No, I think the applicant for the Heritage had to, through the positive dec of the SEQRA redo and undertake a new traffic study. I don’t know what the status of that traffic study is. The Planning Board would know, if you talk to them. It is one of several things that the applicant had to do to work through the positive declaration of the SEQRA process. COUNCILMAN WICKHAM: I would like to add to this. MS. RAPUANO: Okay. COUNCILMAN WICKHAM: During the work session this morning, the Town Board took up the letter that the chair of your Cutchogue hamlets, Jane Minerva, addressed to the Planning Board and a copy to us. That letter asked that there be a traffic study done for the Cutchogue village area. We discussed it for a while today and agreed that we would take it up in detail two weeks from today when the Cutchogue stakeholders will appear at, we hope, at a work session with the Town Board. So rather than taking action on it today, we wanted to wait for two weeks when you and other stakeholders will be here with us in the morning. MS. RAPUANO: Thank you very much. That is just what we wanted to know. Thank you. SUPERVISOR RUSSELL: Just let me point out that when I met with the stakeholders months ago, who were trying to solve those traffic issues in Cutchogue, I suggested to them that the recommend that the Town Board get them a consultant. It is one thing to remember here though, we have that community that is coming in, that new community that is being proposed for that property and I don’t want to pay to do their heavy lifting. If they need traffic mitigation issues for their project, they should do that. When they are complete with theirs, then we need to take August 28, 2007 Page 84 Minutes Southold Town Board Meeting the ball and run with it for the rest of those concerns that Councilman Wickham had talked about, those community wide concerns. Cutchogue has had traffic issues for a long, long time. MS. RAPUANO: Oh, yeah. They had quite a list tonight. SUPERVISOR RUSSELL: That is right. MS. RAPUANO: Thank you. SUPERVISOR RUSSELL: Benja? Councilman Wickham Benja Schwartz BENJA SCHWARTZ: Thanks, Scott. Benja Schwartz, Cutchogue. I also wanted to speak about the proposed residential development in Cutchogue known as the Heritage project. I think it was originally, well, it is on the site of a project that was once known as Seacroft and then it was called the Hamlet and now it is the Heritage and I don’t want to take up a lot of time but I just thought that somebody should make it known that this development, I heard that it is the largest undeveloped hamlet density, high density parcel left in the Town of Southold. It is almost 50 acres. I think their plans are to develop somewhat less than that but still it is going to be a major addition to the Town of Southold, not just the Cutchogue hamlet and I don’t think it is getting enough attention. One question that has been asked many times and I have never really heard much of an answer for it is, how much development is too much for the Town of Southold? And I can’t give you a comprehensive final answer to that but I could say that the proposal on this 50 acres in downtown Cutchogue is too much. I think that we need to really take a hard look and maybe the Town Board needs to get more involved in this process and think about rezoning it to a lower density. You know, I am building a little barn, 8 x 8 barn right now, that is a lot of work but to build hundreds of houses at once, it is going to make major difference of the character of the North Fork and I am hoping that we can manage that. I am not very happy with the way it has been handled so far by the Planning Board. The Planning Board is designated lead agency and they have the authority to hear all the comments pursuant to the New York State Environmental, the SEQRA process. They had a scoping session at which they said the scope that was proposed, the draft scope that was proposed by the developer would be the, the comments would be limited to that scope and I think we need to hear a much broader scope on such a major project as this. And the scoping which is the first stage of a three stage th environmental impact process is going to be open until only September 4. Any issue that is not th raised by September 4 still could be raised in the draft environmental impact and other issues will develop but the scoping is the seeds, that is the core of the environmental impact statement. If we don’t raise it now, it is not going to be raised. Unfortunately, the Planning Board has taken the position that issues such as rezoning are not relevant. Because they don’t have the power to rezone. Well, you, our Town Board does have the power to rezone. And I would ask that you give that serious consideration. Thank you. COUNCILMAN KRUPSKI: Thank you. August 28, 2007 Page 85 Minutes Southold Town Board Meeting Charles Katon, Bray Avenue, Laurel SUPERVISOR RUSSELL: Mr. Kayton. CHARLES KAYTON: Charles Kayton, Bray Avenue. All I wanted to say is that we finally got the water fixed. Believe me when I tell you, you don’t have to do anything else down there. what happened is when they dug the holes, I was there and I said to the guy, listen, there is a hard pan down there, you have got to get rid of it. Took them all out, checked all the pipelines and one of the big main pipes was crushed. Nothing even went through there. Put a whole new line in, cleaned all the pools out, added tops, lifted the pool up about four foot, they put the water in, pushed water in from one to the other, dry. And it has never been dry in 30 years. Nothing has got to be done. If anything ever has to be done again, what you can do is add a few more pools in the back but I don’t think you are going to need that anymore. Let it go for a while. It was wonderful not to see no trucks coming down putting these lanterns up. Every time I see one of them trucks, I think about money. It costs the Town, you guys paid a lot of money with that. That cost you $35,000 or $40,000 just waiting for that water. I want to say thank you to Pete Harris, did a good job and thanks to the Board for listening to me. Good night, god bless you. SUPERVISOR RUSSELL: Did you say your name, Charles Kayton from Laurel? Okay. I found out earlier that I don’t make sure that people do that enough, so I have to make sure it gets done. I am sorry, can the lady go, Frank? And I still have Mrs. Egan to go. Let everybody get their first chance and then I will have you right up, after. Sure. Joan Fleck, East Marion JOAN FLECK: Joan Fleck, Bay Avenue, East Marion. The condition of East Marion down at the bay is deplorable. It has been all broken up and dangerous since the storm in September, then some storms in the winter made it worse. In addition to that, there is a chain link fence that is completely contrary to you people have a prohibition of chain link fences and there is this chain link fence has been there for over 14 years and someone has required that part of that fence be removed. So they removed it but not to the prescribed 10 feet above mean high tide. They just removed it to high tide. But it is not allowed, that chain link fence. And then the other day, I realized within the last two weeks, there is a broken, very dangerous remains of an old jetty and under the bottom strip of wood, within the last two weeks, there has been another piece of metal fencing. I don’t know whether it is chain link or chicken wire or what it is, to the sand. SUPERVISOR RUSSELL: Did you bring this to the attention of the Trustees? Or the Bay Constable? MS. FLECK: I did, four years ago. COUNCILMAN KRUPSKI: They should hear about that again because they have been very involved in working with that chain link fence and getting that removed. MS. FLECK: Well, they are not making a move to remove that chain… SUPERVISOR RUSSELL: They worked very hard, there were legal issues that needed to be resolved and we passed legislation, we have changed the code to allow them to give them more August 28, 2007 Page 86 Minutes Southold Town Board Meeting might to remove that. In that particular case, the owner was unwilling to move it and there was a separate legal action to make him. MS. FLECK: And when will it happen? COUNCILMAN KRUPSKI: I don’t know. You should talk to the Trustees about that. SUPERVISOR RUSSELL: They are very committed to doing that. And that started actually when Albert was Trustee. COUNCILMAN KRUPSKI: And if there is actually additions, fence additions to a jetty, they should know about that also. MS. FLECK: Also there is a totally illegal homemade jetty, was put out. I went to the Trustees four years ago about that. I talked to the Bay Constable, I talked to somebody up in Albany and the Trustees said they went there at low tide and couldn’t see it and it is very visible. It goes out about 12 feet or so and it has caused the scouring out whatever little bit of sand we used to have. SUPERVISOR RUSSELL: Would you contact my office tomorrow? We will go over those specifics and then I will relay that over to the Trustees and the Bay Constable? And the LWRP committee. MS. FLECK: Okay. COUNCILMAN KRUPSKI: And the road ending thing is, I guess a Highway Department thing. SUPERVISOR RUSSELL: Yeah, we had some issues there. A lot of it had to do with historic flooding etc that we need a place to put that water volume. There is no question about it. And I have reached out to a landowner out there, we are looking for some drainage easements and things like that. MS. FLECK: The bay is going in under the remains of the road. So it is constantly getting undermined. It keeps getting worse. COUNCILMAN KRUPSKI: Right. MS. FLECK: So I will call your office? SUPERVISOR RUSSELL: Call my office tomorrow and I will take down the specifics and we will try to get them addressed. MS. FLECK: Thank you very much. Joan Egan, East Marion SUPERVISOR RUSSELL: Thank you. Mrs. Egan. JOAN EGAN: Joan Egan, East Marion. The school opening signs posted, you should maybe August 28, 2007 Page 87 Minutes Southold Town Board Meeting have one out here already. They will be posted very shortly. I don’t know whether you have been following the water problem up island which is happening here, you still have a big water spout here. There is water spouts all over. We are sinking. That is from over development and the environment. I think after last Town Hall meeting it is quite obvious you need a good maritime lawyer and a good riparian rights lawyer. What happened at the last Town Hall meeting is going to happen again and let’s not let it get to the New York State Supreme court, let’s take care of our business here by having proper consultants. We spend so much money. The cell phone thing is going on and people come after me, honking the horn after I ruin their calls. Everybody’s head are falling off. One, two, three. Shame on you. Nighty-night. SUPERVISOR RUSSELL: I am looking at you intently, with my hand…. MS. EGAN: Huh? SUPERVISOR RUSSELL: I am looking at you intently like this. I am sorry. Was I doing something wrong? MS. EGAN: You are holding your head up. SUPERVISOR RUSSELL: Well, that is only to strike a pose to look intently at what you are saying. COUNCILMAN ROSS: Mrs. Egan, do you have any comments on Mr. Murphy’s comments? MS. EGAN: Uh, I wouldn’t stoop so low. SUPERVISOR RUSSELL: Mr. Carlin. MS. EGAN: And you tell him that you don’t call somebody she, you use their name. Bye-bye. And that was rude on your part to bring that up, Mr. Ross. You are wrong. As usual. Frank Carlin, Laurel MR. CARLIN: I mentioned this to Jean Cochran when she was Supervisor and to Josh Horton and I am going to mention it to you. about Karen McLaughlin. I know Karen McLaughlin, I have worked with her a few times and she is doing a very good job over there and she is running that place pretty well. And I want you to know that and I mentioned it to Supervisor’s even before then. And I know when you tell her to call you, she will call you back and I have worked with her a couple of times and I know her. She is very good, she is doing a good job there. SUPERVISOR RUSSELL: She is among the best. Thank you very much, Mr. Carlin. Would anybody else like to address the Town Board? (No response) Motion to adjourn? Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at August 28, 2007 Page 88 Minutes Southold Town Board Meeting __9:48 P.M. * * * * * Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Russell ABSENT: Louisa P. Evans