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Home My WebLink AboutTB-06/19/2007 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 June 19, 2007 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, June 19, 2007 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 4:30 PM with the Pledge of Allegiance to the Flag. I. Reports 1. Justice Evans Monthly Report May 2007 2. Justice Price Monthly Report May 2007 3. Trustees Monthly Report May 2007 4. Zoning Board of Appeals May 2007 5. Town Clerk Monthly Report May 2007 6. Program for the Disabled May 2007 II. Public Notices 1. Renewal of NYS Liquor License Porpey Restaurant, Inc. d/b/a The Old Mill Inn, 5775 West Mill Road, Mattituck June 19, 2007 Page 2 Minutes Southold Town Board Meeting 2. US Army Corps of Engineers Notice of Application Application of Winergy Power LLC to install a Wind Energy Generating Facility and Submarine Electric Cables, Gardiner’s Bay, 0.28 miles (1500-feet) offshore of Plum Island, 2.1 miles offshore of Orient Point, Town of Southold, Suffolk County, New York. 3. NYS DEC Notice of Shellfishing Areas In Cutchogue Harbor Area III. Communications IV. Discussion 1. 9:30 AM - POSTPONED Until 7/17/07 CAC Update 2. 9:00 AM - Jim Dinizio ZBA 3. Cell Tower Policy/Possible Moratorium 4. Schneider Ferry Traffic Study Bill 5. Peconic School Acquisition 6. Dredge Priority List - Per Councilman Krupski 7. Planning Director 8. No Parking At Bay Shore Road 9. Per Councilman Krupski Abandoned Moorings Mooring Code Shellfish Code 10. Award Bid for HVAC - Animal Shelter 11. Beach Parking Daily Beach Permits - per Supervisor Russell Guest Passes Town Policy - Beaches, Ramps, etc - per Councilman Krupski 12. Officer Retirement From Police Department - Need New Hire 13. Water Map June 19, 2007 Page 3 Minutes Southold Town Board Meeting 14. Executive Session Acquisition of Property - per Town Attorney 15. 1:00 PM - Melissa Spiro Acquisition of Property 16. Executive Session Personnel 17. Rezoning of Abandoned Commercial Property (General Wayne Inn) - per Supervisor Russell Special Presentation Proclamation to Brownell Johnston, Former Assistant Town Attorney COUNCILMAN KRUPSKI: I have a copy, it is a copy of a proclamation. And years ago the Trustees were fortunate to receive almost free legal help from the gentleman who lives in Peconic. And he worked for the Town for four years and he was a great service to the Town Trustees. He came to all of our meetings, he sat right up here with us and he participated and he guided us along and he even went on field inspections with us for years. And this is just a proclamation here and I will read it out: WHEREAS the Southold Town Board of Trustees wishes to pay tribute to E. Brownell Johnston for his accomplishments and lasting contributions during his time as a Legal Advisor to the Board of Trustees; WHEREAS Brownell became part of the team on August 1, 2002, bringing with him a wealth of knowledge and experience; and WHEREAS Brownell has helped preserve the wetlands and shellfish resources within the Town and has spent countless hours working to improve the Town Wetlands Code and Shellfish Code with success; and WHEREAS right, wrong or legal, Brownell was a motivated, dedicated professional who provided countless hours of advice and assistance to the Town of Southold in his role as Legal Advisor to the Trustees; now, therefore, be it RESOLVED that the Southold Town Board of Trustees hereby expresses their sincere gratitude to E. Brownell Johnston for his commitment and dedication and extends their sincere appreciation and warm wishes for continued personal and professional success. Signed: Albert J. Krupski, Councilman James F. King, President Jill M. Doherty, Vice-President Peggy Dickerson, Trustee David Bergen, Trustee I just wanted to say, I guess it was probably 2001, Mr. Johnston applied for a dock permit and we all went down to Peconic to his home and we were standing there at the edge of the marsh on Richmond Creek and we always had, you know, measuring tape and everything and we said, June 19, 2007 Page 4 Minutes Southold Town Board Meeting well, how far out do you want the dock and when you point out into the water, you don’t know, you just point. So we said, well, take the tape and show us. So he took the end of the tape and he walked out into the water to as far as he wanted the dock to be and we always thought that was such a great story. That is how we came to meet him. And that is how he came to be involved with the Trustees. I just wanted to express my thanks and gratitude for his many years of service. They are actually going to present this proclamation to him tomorrow night at the Trustee’s meeting. SUPERVISOR RUSSELL: Excellent. You know, in the Assessor’s office that was how we met people, how high do you want your assessment? We didn’t get quite the response. Actually, while we are giving accolades, tonight I want to thank the Mattituck Lions Club. They came today and presented me with a check for $2,000. Two thousand dollars that is to be used for the maintenance and upkeep of Strawberry Fields in Mattituck. They just came off another successful Strawberry Festival event, it is a public park that they are fully entitled to use but their level of appreciation for having it is evidenced by the generosity. Two thousand dollars goes a long way to maintaining that park in as pristine a shape as we can. With that, let’s move forward. Opening Statements Joan Egan, East Marion SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. I assume everyone has had the chance to read the agenda. Would anybody like to come up and address the Town Board on any issue as it pertains to the agenda? Mrs. Egan? JOAN EGAN: Good evening, Joan Egan, East Marion. Wasn’t very clever to do that door. SUPERVISOR RUSSELL: The front door? MS. EGAN: Uh huh. SUPERVISOR RUSSELL: We have got a ways to go but we are trying to make the building safer. MS. EGAN: Hope somebody will get it closed tonight. And of course, we have reviewed Justice Evans, Justice Price and Justice Bruer’s reports to you about what is happening in our town. I am sure you have done that. You are going to go ahead, 525, that is good and there is still no flashing light in front of either Mattituck school or the Greenport school. What is 538 about? SUPERVISOR RUSSELL: That is money we received from the federal government that is used to distribute to local groups meeting public need, CAST etc. MS. EGAN: Inaudible June 19, 2007 Page 5 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: That was actually, we do that every year as part of the budget process. How much we get is done at the federal level. MS. EGAN: You all put your input in? SUPERVISOR RUSSELL: Yeah, and we actually advertise and ask for people to present ideas. MS. EGAN: Good. 539, why do we need a new appraisal on that? TOWN ATTORNEY FINNEGAN: We need to update the appraisal we had. MS. EGAN: Pardon? TOWN ATTORNEY FINNEGAN: We need to update the appraisal that we had. MS. EGAN: Why? JUSTICE EVANS: Because it was done back in 2005. MS. EGAN: So? We are not going to be doing anything about that property now, correct? SUPERVISOR RUSSELL: The property was vested. In other words, it is now in the name of Southold Town. The only outstanding legal issue is how much are we required to pay the former owner for it. That is why the appraisal and the updated information is in our best interest to present, to have. It is now a matter for the court to determine. MS. EGAN: Inaudible SUPERVISOR RUSSELL: No, how much it is ultimately worth is going to be a matter for a judge to decide but you need an appraisal to present. MS. EGAN: Good. That makes sense. As Judge Judy says, if it doesn’t make sense, it is not so. 542, that will be happening, you are going to get more property in your name and you know how I feel about that. 543, pretty much the same thing. Oh, 544 that’s a retirement for Jennifer Combs, I don’t see her here but in regard to police matters, Mr. Ross, did you take the opportunity to contact either the Chief or Captain Flatley that when we get the security machine here for court on Friday, that you can get a retired police officer to run it. COUNCILMAN ROSS: I will talk to the Chief about that, Mrs. Egan. MS. EGAN: Hmm? COUNCILMAN ROSS: Is that what you are asking me to do? MS. EGAN: That’s what I asked you, have you spoken to him? June 19, 2007 Page 6 Minutes Southold Town Board Meeting COUNCILMAN ROSS: No. MS. EGAN: Shame on you. Because when the machine comes, you want to be able to use it. COUNCILMAN ROSS: Some of us do. MS. EGAN: Oh, all of us do. All, anybody in the Justice Court building definitely wants somebody there and incidentally, the Justice Court building, the carpeting inside there, how they haven’t tripped and killed themselves, I don’t know. Somebody better go over there and check it out. Now, item 549, where does that money go? It isn’t a lot but… SUPERVISOR RUSSELL: The services grant? The county offsets some of our costs in providing you services such as DARE programs, things of that nature. MS. EGAN: Good. And 551, what is that about? SUPERVISOR RUSSELL: This is part of our ongoing preservation effort. The federal government does make money available to cover some of our costs of farmland preservation. This agreement is the agreement between us and the federal government. In other words, we have to receive money with certain conditions. This will satisfy those conditions. MS. EGAN: Good. Now, 553, have we decided that we are going to go ahead and get that school with the funds? SUPERVISOR RUSSELL: The Peconic school? MS. EGAN: Yeah. SUPERVISOR RUSSELL: Yes, I think there is agreement on the Town Board level to purchase it. MS. EGAN: Good. Well, you had said you might need another public hearing on it but you feel you don’t. I don’t think you do. SUPERVISOR RUSSELL: I think at this point, the school will have to go out and have a vote, a referendum, a district wide referendum and it will be for them to decide when to schedule that. MS. EGAN: Good. Now, 555, I thought we already had a generator here. Are we getting another one? SUPERVISOR RUSSELL: We actually have, we have a few generators, this specific one is, when we accept generators from the county of Suffolk, they require certain inter-municipal agreements that we are going to maintain it. We have a generator on its way to Fishers Island, we have another one that they had offset here, police headquarters. This was one of those June 19, 2007 Page 7 Minutes Southold Town Board Meeting generators. This just is basically an agreement suggesting that we are going to take this generator and be a steward of this generator in a manner that the county requires. MS. EGAN: Good. I saw something on channel 22 about a disaster meeting. What was that… SUPERVISOR RUSSELL: We have a emergency management meeting scheduled for, I believe sometime I want to say toward the end of next week. You can check with Ruthanne or Lydia, they will let you know. MS. EGAN: Yeah, okay. Oh, 557. Garbage bags. Are they going up or down for the individual? SUPERVISOR RUSSELL: What is that? MS. EGAN: 557. COUNCILMAN WICKHAM: The price to the public will be the same. MS. EGAN: It will be the same for the public? SUPERVISOR RUSSELL: This is bidding out, you know, we went out to bid for the purchase of the bags that we turn around and supply to the public. This doesn’t affect the price currently of the yellow bags or anything like that. This is such the bulk value that we have to pay the distributor. MS. EGAN: Good. And I hope Town Hall bought lots of those Forever stamps. Did any of you buy those for yourselves? The Forever stamps? You ought to. Do you know what they are? SUPERVISOR RUSSELL: Did not. Yes, it freezes the postal rate for first class mailings. MS. EGAN: Yeah. SUPERVISOR RUSSELL: Prior to the enactment of the new… MS. EGAN: Yeah. It is a good deal. SUPERVISOR RUSSELL: I am still waiting for my Elvis stamps to go up in value. MS. EGAN: Oh, 560. Now how are you going to do this? Are they going to spray or how do they do it? SUPERVISOR RUSSELL: The invasive species? That is something that they are working on right now with the Land Management Committee, the stewardship committee. A lot of this will be done in-house. A lot of it is not chemical treatment, it is physical labor. When you are removing phragmites, the only thing that works is digging out phragmites etc. June 19, 2007 Page 8 Minutes Southold Town Board Meeting MS. EGAN: Yeah, because we have a problem down where I live… SUPERVISOR RUSSELL: I know you do. MS. EGAN: And we weren’t notified when they were spraying to close the windows. SUPERVISOR RUSSELL: That was the county spraying for mosquitoes, if I am not mistaken. MS. EGAN: No, no, no. (Inaudible) was local. And swarms were still nesting. Now 562. SUPERVISOR RUSSELL: Yes? MS. EGAN: Is she a lawyer or just… SUPERVISOR RUSSELL: She is a mediator by trade. A professional mediator. MS. EGAN: She is local? SUPERVISOR RUSSELL: Yes, she lives in Mattituck. MS. EGAN: Wonderful. We have hired somebody from the town. Great. Why do we need her? SUPERVISOR RUSSELL: The dynamic in town government can get a little bit stressful. I think someone who comes in from the outside to offer objective insight to the employees is probably a beneficial approach in terms of getting the employees themselves to be a little more introspective about what they may be doing right or wrong. The idea is to create a better working environment here at Town Hall. MS. EGAN: Yeah. Well, in talking about mediators, you know, we do have those for court cases also, right? SUPERVISOR RUSSELL: This lady does our court. MS. EGAN: Hmm? SUPERVISOR RUSSELL: This lady does our court mediation. MS. EGAN: I think so few people take advantage of that and it can save them an awful lot of money legally. That is it. Thank you. SUPERVISOR RUSSELL: Thank you. Anybody want to address any issue on the agenda? Okay, before we go, Albert is going to make a presentation or read a proclamation. June 19, 2007 Page 9 Minutes Southold Town Board Meeting Minutes Approval RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, April 10, 2007 Vote Record - Acceptance of Minutes for April 10, 2007 7:30 PM ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ???????? William P. Edwards Voter ? Accepted ?????????? Accepted as Amended Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter V. Resolutions 2007-535 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit Dated June 19, 2007 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby June 19, 2007. Vote Record - Resolution RES-2007-535 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ??William P. Edwards Voter Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2007-536 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Meeting Tuesday, July 3, 2007 At 4:30 PM RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, July 3, 20074:30 P. M at the Southold Town Hall, Southold, New York at .. Vote Record - Resolution RES-2007-536 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ??William P. Edwards Voter Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter June 19, 2007 Page 10 Minutes Southold Town Board Meeting 2007-525 Tabled 6/5/2007 7:30 PM CATEGORY: Seqra DEPARTMENT: Town Attorney Finds that the Adoption of the Local Law Entitled “A Local Law In Relation to No Parking Area on Oak Street and Maple Street In Greenport During School Hours” is Classified As a Type II Action Pursuant to SEQRA Rules and Regulations RESOLVEDfinds that the adoption of that the Town Board of the Town of Southold hereby the local law entitled “A Local Law in relation to No Parking Area on Oak Street and Maple Street in Greenport During School Hours” 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-2007-525 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-537 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Rescind Resolution No. 2007-515 (Duplicate) RESOLVEDrescinds Resolution No. that the Town Board of the Town of Southold hereby 2007-515 adopted at the June 6, 2007 Town Board meeting appointing Richard T. Olszweski and Stanley Zurek to the position of Part-Time Gatekeeper at the Cutchogue Transfer Station , effective June 8, 2007 at a rate of $12.01 per hour. The resolution is being rescinded because the correct version was adopted as Resolution No. 2007-516 at the June 6, 2007 Town Board meeting. . June 19, 2007 Page 11 Minutes Southold Town Board Meeting Vote Record - Resolution RES-2007-537 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Initiator ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Seconder ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2007-538 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Sign the 2007 Community Development Block Grant Program Agreement In Connection with the 2007 CDBG Program In the Amount of $136,000.00 RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to sign the 2007 Community Development Block Grant Program Agreement in connection with the 2007 CDBG Program in the amount of $136,000.00 , subject to the approval of the Town Attorney. Vote Record - Resolution RES-2007-538 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Initiator ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2007-539 CATEGORY: Property Acquisition Purchase DEPARTMENT: Town Attorney Authorizes Given Associates to Prepare an Update of the 2005 Appraisal on the Property Known As 1000-61-1-3 Located Behind the Existing Town Hall Building RESOLVEDauthorizes Given that the Town Board of the Town of Southold hereby Associates to prepare an update of the 2005 appraisal on the property known as 1000-61-1-3 located behind the existing Town Hall building , at a cost not to exceed $1,500.00. June 19, 2007 Page 12 Minutes Southold Town Board Meeting Vote Record - Resolution RES-2007-539 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2007-540 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification 2006 PD Overtime RESOLVEDmodifies the 2006 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: To: A.3120.1.100.200 Police Full-time Overtime $ 2,011 From: A.9015.8.000.000 Police & Fire Retirement $ 2,011 Vote Record - Resolution RES-2007-540 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2007-541 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Authorize the Closure of Case’s Lane, From Cedar Road to Main Road, Cutchogue, New York, From 7:00 A.M. to 5:00 P.M., Saturday, July 7, 2007, In the Interest of Public Safety During the Cutchogue- New Suffolk Historical Council “Annual Antiques Show and Sale” on the Village Green RESOLVEDauthorizes the closure of that the Town Board of the Town of Southold hereby Case’s Lane, from Cedar Road to Main Road, Cutchogue, New York, from 7:00 a.m. to 5:00 p.m., Saturday, July 7, 2007, in the interest of public safety during the Cutchogue-New Suffolk Historical Council “Annual Antiques Show and Sale” on the Village Green, provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance June 19, 2007 Page 13 Minutes Southold Town Board Meeting naming the town of Southold as an additional insured and contact Capt. Flatley as soon as this resolution is approved to coordinate traffic control. Vote Record - Resolution RES-2007-541 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Seconder ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2007-542 CATEGORY: Property Acquisition Public Hearing DEPARTMENT: Land Preservation Pfeifle - Set Public Hearing Dev Rights Easement RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold sets Tuesday, July 3, 2007, at 4:35 p.m., Southold Town Hall, 53095 Main Road, hereby Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Richard P. Pfeifle and Carlin A. Pfeifle. Said property is identified as part of SCTM #1000-97-4-19. The address is 825 Leslie Road, Cutchogue, New York. The property is located on the northerly side of Leslie Road, approximately 794 feet northeasterly from the intersection of Bay Avenue (Skunk Lane) and Leslie Road in Cutchogue in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 9.8± acres of the 11.6± acre parcel. The exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee, and the property owner. The purchase price is $78,000 (seventy-eight thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. This acquisition may be eligible for partial reimbursement of the purchase price from an awarded federal grant. June 19, 2007 Page 14 Minutes Southold Town Board Meeting The property is listed on the Town’s Community Preservation Project Plan as property that should be preserved due to its agricultural value; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Vote Record - Resolution RES-2007-542 ? 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 Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2007-543 CATEGORY: Employment - Town DEPARTMENT: Recreation Hire Summer Lifeguard/Rescind 6/5 Resolution RESOLVEDappoint the following individual that the Town Board of the Town of Southold as a lifeguard for the period June 23 - September 3, 2007 as follows: STILLWATER LIFEGUARD HOURLY SALARY Christiana Marron (1st year) $ 12.17 RESOLVEDrescind the resolution dated June that the Town Board of the Town of Southold 5, 2007 that appointed the following individual as a lifeguard for the period June 23 - September 3, 2007 as follows: STILLWATER LIFEGUARD HOURLY SALARY Ryan Kraemer (4th year) $ 12.99 Mr. Kraemer has decided not to work as a lifeguard this summer as he has another full time job. June 19, 2007 Page 15 Minutes Southold Town Board Meeting Vote Record - Resolution RES-2007-543 ? 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 2007-544 CATEGORY: Property Acquisition Public Hearing DEPARTMENT: Land Preservation Stackler - Set Public Hearing RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of sets Tuesday, July 3, 2007, at 4:37 p.m., Southold Town Hall, 53095 Main Southold hereby Road, Southold, New York as the time and place for a public hearing for the purchase of properties owned by Stackler and others, or the successors thereto . Said properties are identified as SCTM #1000-53-1-18, #1000-47-2-33, #1000-47-2-34, #1000-45-5-7.1 and #1000- 45-5-7.2. The total area of the properties is 38.2± acres. The addresses of the properties are respectively 1653, 1650, 2075, 1650 Shore Drive and no # Silvermere Road in Greenport. The properties are located within the R-40 and R-80 zoning districts. The Stackler properties begin approximately 569 feet south of Route 25, along the westerly side of Shore Drive where Shore Drive intersects with lands of Long Island Rail Road and are bordered on the east by Shore Drive, south by Pipes Cove, west by Pipes Neck Creek, and north by land of LIRR. ? The proposed acquisition is for the Town to acquire fee title to the entire 38.2 acres known as the Stackler Property for open space purposes. The exact area of the purchase is subject to a ? Town provided survey. The purchase price for the entire 38.2 acre property is $4,500,000 (four million five hundred thousand dollars) and the purchase will be funded by the Community Preservation Fund, and a $325,000 (three hundred twenty-five thousand dollar) donation from The Nature Conservancy. The Town may also be eligible for grant funding from The National Oceanic & Atmospheric Administration, Coastal Estuarine Land Conservation Program. June 19, 2007 Page 16 Minutes Southold Town Board Meeting The Stackler properties contain the existing road known as Shore Drive. Shore Drive provides access to existing residential dwellings. Once the acquisition is completed, the Town will own the road for purposes of access to the Town-owned open space. The existing residential dwellings will retain legal access over Shore Drive. The property is listed on the Town’s Community Preservation Project Plan as property that should be preserved for open space, park, nature preserve and passive recreational purposes, fresh and saltwater marsh and wetland protection, and the preservation of undeveloped beach land and shoreline. Proposed uses of the property may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes. The Nature Conservancy will be working in partnership with the Town to prepare a Pipes Cove/Arshamomaque Park Stewardship and Management Plan for preserved properties within the Pipes Cove area. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator has estimated that 11± Sanitary Flow Credits may be available for transfer from the properties upon the Town’s purchase of the properties. The transfer of the Sanitary Flow Credits into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on the properties, and the Town Board passes a resolution allowing the transfer in the Town TDR Bank. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Vote Record - Resolution RES-2007-544 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter June 19, 2007 Page 17 Minutes Southold Town Board Meeting 2007-545 CATEGORY: Retirement/Resignation DEPARTMENT: Police Dept Acknowledge Disability Retirement of Jennifer Combs RESOLVEDacknowledges the disability that the Town Board of the Town of Southold hereby retirement of Jennifer Combs from the Police Department, effective June 8, 2007. Vote Record - Resolution RES-2007-545 ? 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 2007-546 CATEGORY: Retirement/Resignation DEPARTMENT: Accounting Resignation of Albert Orlowski RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Albert Orlowski from the position of Guard/Gate Attendant in the Solid Waste Department , effective June 14, 2007. Vote Record - Resolution RES-2007-546 ? 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 2007-547 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Modification Media Traq RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby Whole Town budget as follows: June 19, 2007 Page 18 Minutes Southold Town Board Meeting From: A.1990.4.100.100 Unallocated C.E. Unallocated Contingencies $2,300.00 To: A.1410.4.400.500 Minute Tracking Software $2,300.00 Media Traq Video Streaming Vote Record - Resolution RES-2007-547 ? 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 2007-548 CATEGORY: Grants DEPARTMENT: Land Preservation NYS Parks, Rec & Historic Pres Grant Submission RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the The Nature Conservancy, on behalf of the Town of Southold, to submit a grant proposal requesting $500,000 from New York State Office of Parks, Recreation and Historic Preservation, under the Acquisitions Grant Program . This is a matching grant program for the acquisition of fee title to lands identified as high priority for protection in the Peconic Estuary’s Critical Lands Protection Program. Vote Record - Resolution RES-2007-548 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Initiator ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2007-549 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Community Development 2007 Youth Bureau Grant June 19, 2007 Page 19 Minutes Southold Town Board Meeting RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement with the County of Suffolk for the 2007 Youth Services grant in the amount of $10,316. for the term January 1, 2007 through December 31, 2007, all in accordance with the approval of the Town Attorney. Vote Record - Resolution RES-2007-549 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ??William P. Edwards Voter Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2007-550 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Grant Agreement Between the Town of Southold and the Federal Aviation Administration In Connection with Project No. 3-36-0029-14-07 for Airfield Lighting At Elizabeth Field Airport, Fishers Island, New York RESOLVED authorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Grant Agreement between the Town of Southold and the Federal Aviation Administration in connection with Project No. 3-36-0029-14-07 for airfield lighting at Elizabeth Field Airport, Fishers Island, New York , subject to the approval of the Town Attorney. Vote Record - Resolution RES-2007-550 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ??William P. Edwards Voter Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2007-551 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Land Preservation USDA-NRCS Cooperative Agreement 2007 June 19, 2007 Page 20 Minutes Southold Town Board Meeting RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute a Cooperative Agreement between the United States of America Commodity Credit Corporation and the Town of Southold for the implementation of the United States Department of Agriculture – Natural Resources Conservation Service (USDA-NRCS) Federal Farm and Ranch Lands Protection Program FY 2007, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2007-551 ? 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 2007-552 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Sub-License Agreement Among the Town of Southold, the Suffolk County Real Property Tax Service Agency, and the Nature Conservancy, for the Suffolk County GIS Basemap License Program RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Sub-License Agreement among the Town of Southold, the Suffolk County Real Property Tax Service Agency, and The Nature Conservancy, for the Suffolk County GIS Basemap License Program , for a term that will expire on December 31, 2011, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2007-552 ? 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 2007-553 CATEGORY: Grants DEPARTMENT: Community Development June 19, 2007 Page 21 Minutes Southold Town Board Meeting Peconic School Grant _NYS EPF Funds RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to sign a grant application for funds from the New York State Parks, Recreation and Historic Preservation Program , in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or the Federal Land and Water Conservation Fund Act of 1965, in an amount not to exceed $300,000 and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Town of Southold for the acquisition of the Peconic Lane School Building and if appropriate, a conservation easement/preservation covenant to the deed of the assisted property. . Vote Record - Resolution RES-2007-553 ? 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 2007-554 CATEGORY: Landfill Misc. DEPARTMENT: Solid Waste Management District SWD Account Collections RESOLVEDdeclares as uncollectible that the Town Board of the Town of Southold hereby the following past due amounts owed to the Solid Waste District, in accordance with a determination by the Town Attorney: Account # 1521: John Rutkowski in the amount of $309.62 Account # 1699: Stirling Harbor Trattoria in the amount of $76.82. Account # 5017: Thompson’s Emporium in the amount of $35.07 Vote Record - Resolution RES-2007-554 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter June 19, 2007 Page 22 Minutes Southold Town Board Meeting 2007-555 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Interagency Agreement with the County of Suffolk Through Its Duly Constituted Department of Fire, Rescue and Emergency Services and the Town of Southold RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Interagency Agreement with the County of Suffolk through its duly constituted Department of Fire, Rescue and Emergency Services and the Town of Southold for the provision of an emergency generator for the Town of Southold at no cost to the Town, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2007-555 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2007-556 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Parking Conditions - FIFD RESOLVEDapproves of the conditions that the Town Board of the Town of Southold hereby set forth by the Fishers Island Ferry District in regard to parking areas owned by the Town of Southold, maintained and controlled by the Fishers Island Ferry District . They are as follows: 1. Parking will be allowed for automobiles, pickup trucks and standard size vans only. No large, commercial heavy duty trucks trailers, etc. will be allowed to park in these areas. 2. Any dumping of trash, abandoning vehicles of any type including boats and/or trailers will be subject to a fine of $1,000. June 19, 2007 Page 23 Minutes Southold Town Board Meeting Vote Record - Resolution RES-2007-556 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-557 CATEGORY: Bid Acceptance DEPARTMENT: Solid Waste Management District Town Garbage Bag Bid RESOLVED accepts the bid of that the Town Board of the Town of Southold hereby Phoenix Recycling, Inc. to supply the town with Town Garbage Bags in the amount of $86.80 per one thousand “small” bags, $185.50 per one thousand “medium” bags, and $241.80 per one thousand “large” bags, plus storage, distribution, and billing charges of $7.50, $26.00, and $65.00 respectively, all in accordance with the Town Attorney. Vote Record - Resolution RES-2007-557 ? 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 2007-558 CATEGORY: Bid Acceptance DEPARTMENT: Solid Waste Management District MSW Transport and Disposal RESOLVED accepts the bid of that the Town Board of the Town of Southold hereby Trinity Transportation Corp. to supply the town with MSW Transportation and Disposal services, as detailed in the Town of Southold Bidders’ Solicitation for Solid Waste Haul and Disposal Services of May of 2007 in the Evaluation Unit Bid Price amount of $ $78.11 per ton. It is further June 19, 2007 Page 24 Minutes Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to execute a contract with Trinity Transportation Services, Inc. for the provision of such MSW Transportation and Disposal Services, subject to the review and approval of the Town Attorney. Vote Record - Resolution RES-2007-558 ? 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 2007-559 CATEGORY: Bid Acceptance DEPARTMENT: Town Attorney Accepts and Awards the Low Bid of Burt’s Reliable, Inc. In the Reduced Amount of $316,975.00 for HVAC and Mechanical Systems Work In Connection with a New Southold Town Animal Shelter RESOLVEDaccepts and awards the low that the Town Board of the Town of Southold hereby bid of Burt’s Reliable, Inc. in the reduced amount of $316,975.00 for HVAC and mechanical systems work in connection with a new Southold Town Animal Shelter , subject to entering into a contract with the approval of the Town Attorney. Vote Record - Resolution RES-2007-559 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ??William P. Edwards Voter Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2007-560 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Submit Grant Application for Nysdec RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Mark Terry, LWRP Coordinator on behalf of the Town of Southold, to submit a grant proposal request to The New York State Department of Environmental Conservation June 19, 2007 Page 25 Minutes Southold Town Board Meeting under the Aquatic Invasive Species Eradication Grant Program for the eradication of the invasive plant species Phragmites australis on Town owned land . The Town of Southold will satisfy the (50) percent match requirement with in-kind services. Vote Record - Resolution RES-2007-560 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ??William P. Edwards Voter Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Scott Russell Voter 2007-561 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Duplicate Resolution --- No Vote RESOLVEDaccepts and awards the bid that the Town Board of the Town of Southold hereby of Burt’s Reliable, Inc. in the amount of $340,975.00 for HVAC work in connection with a new Southold Town Animal Shelter , subject to entering into a contract with the approval of the Town Attorney. Vote Record - Resolution RES-2007-561 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-562 CATEGORY: Legal DEPARTMENT: Town Clerk Retain Mary Eisenstein RESOLVEDretains Mary Eisenstein to that the Town Board of the Town of Southold perform employee mediation services at the rate of $125.00 per hour. June 19, 2007 Page 26 Minutes Southold Town Board Meeting Vote Record - Resolution RES-2007-562 ? 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 2007-563 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk Cell Tower LL 7/17/07 4:35 Pm WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk “Temporary County, New York, on the 19th day of June, 2007, a Local Law entitled, 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” ; now therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 17th day of July 2007 at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. “Temporary Moratorium on the Processing, Review of, The proposed Local Law entitled, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold” reads as follows: LOCAL LAW NO. _______ 2007 Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold. BE IT ENACTED BY the Town Board of the Town of Southold as follows: June 19, 2007 Page 27 Minutes Southold Town Board Meeting Section 1. PURPOSE AND INTENT The Town Board is considering the important implications of the recent proliferation of wireless communication facilities projects within the Town, including already constructed cell towers, towers currently under Town review and proposed cell tower projects. The Town Board believes that a haphazard, piecemeal approach to the proliferation of such towers could be detrimental to the character of the Town, including its active farmland, open spaces, scenic byways and vistas, all of which the Town has expended substantial resources to preserve, cultivate and maintain. The Town Board recognizes that the existing Zoning Code is inadequate to deal with the inherent conflict between the need for cell towers, for emergency and other communication purposes, and the Town’s other planning goals. The size and scale of the Town, the scale of its agricultural and rural history, and the long-range goals of the Town (as set forth in the recently adopted Hamlet Study and other past planning studies) dictate that wireless communication facilities should be placed in a strategic manner so as to coexist as peacefully as possible with the Town’s historical, agricultural and rural culture. Regulations on the size, location and appearance of wireless communication facilities are necessary to address the problems these structures create. It is critical that the issues be handled in a comprehensive manner, crucial legislative decisions made and those decisions implemented. The Town is establishing a Wireless Communication Facility Task Force to work with the Planning Board, Planning Department and the Town Attorney to review the locations, size and appearance of cell towers, to update and create new legislation that will comprehensively meet the long-range goals of the Town. The Town Board finds that it is reasonable and in the public interest to temporarily suspend the application process for wireless communication facilities so that it has adequate time to examine, assess and address these uses that would otherwise be detrimental to the community. For the reasons stated above and to permit the Town Board to decide on and enact needed legislation, this moratorium is necessary. Section 2. ENACTMENT OF TEMPORARY MORATORIUM For a period of One Hundred Eighty (180) Days following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect and June 19, 2007 Page 28 Minutes Southold Town Board Meeting subject to any other Local Law adopted by the Town Board during the One Hundred Eighty (180) Day period: 1) the Planning Board shall not accept for review, continue review, hold a hearing or make any decision upon any application for a site plan containing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law §274-a and Article XXV of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally- enacted time periods for processing and making decisions on all aspects of said site plan applications are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §280-4 of the Code of the Town of Southold. 2) The Zoning Board of Appeals shall not accept for review, continue review, hold a hearing on, continue a hearing or make any decision upon any application for a special exception use permit containing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law §274-b and Chapter 280 of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of said special exception use permits are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §280-4 of the Code of the Town of Southold. 3) The Building Inspector shall not accept for review, continue review or make any determination upon any application for a building permit proposing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law §274-a, Chapter 280 and Article XXV of the Southold June 19, 2007 Page 29 Minutes Southold Town Board Meeting Town Code, including without limitation, provisions relating to the processing, reviewing and the rendering of determinations. The statutory and locally- enacted time periods for processing and making determinations on all aspects of said building permit applications are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §280-4 of the Code of the Town of Southold. Section 3. APPLICATION This Local Law shall apply to ALL [new or pending] applications for site plans or special exception use permits for WIRELESS COMMUNICATION FACILITIES in the Town of Southold. Section 4. EXCLUSIONS This Local Law shall not apply to: 1) Site plans for which final or conditional final approval was granted by the Planning Board prior to the effective date of this Local Law. Section 5. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provisions of New York State Town Law, this Local Law supersedes, amends and takes precedence over NYS Town Law pursuant to the Town’s municipal home rule powers, pursuant to Municipal Home Rule Law §10(1)(ii)(d)(3); §10(1)(ii)(a)(14) and §22 to supersede any inconsistent authority. In particular, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law §274-a, §274-b and the provisions and requirements set forth in Chapter 280 of the Southold Town Code, which require that the Planning Board or Zoning Board of Appeals process, review, hold hearings on, and act upon applications for site plans and special exception use permits within specified time periods, this Local Law suspends and stays the running of time periods for processing, review, holding June 19, 2007 Page 30 Minutes Southold Town Board Meeting hearings on, making decisions, and taking action on such applications provided for in those laws and is intended to supersede and amend any said inconsistent authority. Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law if, in its legislative discretion, upon its determination, the variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must find that a variance or waiver will not adversely affect the purpose of this Local Law, the health, safety or welfare of the Town of Southold, or any comprehensive planning efforts being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property, the range of business opportunities in the vicinity of the property and the surrounding hamlet, the rural, cultural, historic and business character of the hamlet, and the impact of the variance or waiver on the open and recreational space, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. b. Any request for a variance or waiver shall be filed with the Town Clerk and shall include a fee of two hundred fifty ($250.00) dollars for the processing of such application, along with copies of the site development plan and any related information required in accordance with the procedures set forth in Chapter 280 of the Southold Town Code. c. All such applications shall, within five (5) days of filing with the Town Clerk be referred to the Planning Board, which shall have ten (10) days following receipt to make a recommendation to approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall be transmitted to the Town Board. The Town Board may conduct a public hearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board Section 7. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. June 19, 2007 Page 31 Minutes Southold Town Board Meeting Section 8. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2007-563 ? 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 2007-564 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk LL Daily Parking Permits 7/17/07 4:40 Pm WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in County, New York, on the 19 day of June, 2007 a Local Law entitled relation to One-Day Nonresident Parking Permits” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the th 17 day of July, 2007 at 4:40 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to One-Day Nonresident Parking The proposed Local Law entitled, Permits” reads as follows: LOCAL LAW NO. 2007 “A Local Law in relation to One-Day Nonresident Parking Permits” A Local Law entitled, . BE IT ENACTED by the Town Board of the Town of Southold as follows: June 19, 2007 Page 32 Minutes Southold Town Board Meeting I. Purpose – To restrict the sale of parking permits at beaches to be available from the Town Clerk and the Town beach attendants only, in order to provide for better control of issuance of permits and to alleviate congestion in certain parking areas of Town. II. Chapter 189 of the Parking Code of the Town of Southold is hereby amended as follows: §189-3(D). One-day nonresident permits. (1) One-day nonresident parking permits may be issued for the parking of vehicles on the parking areas at Southold Town Beach, Norman E. Klipp Marine Park and New Suffolk Beach to any person, by the attendant on duty at such parking areas, or by the Town Clerk.and also shall be sold in books of 50 permits to the proprietors of the following recreational businesses: bike rentals, kayak rentals and fishing stations. 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-2007-564 ? 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 2007-565 CATEGORY: Seqra DEPARTMENT: Town Clerk The Adoption of the “Town of Southold Housing Implementation Plan” is Classified As a Type II Action Pursuant to SEQRA Rules and Regulations June 19, 2007 Page 33 Minutes Southold Town Board Meeting RESOLVEDfinds that the adoption of the that the Town Board of the Town of Southold hereby “Town of Southold Housing Implementation Plan” 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-2007-565 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2007-566 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Adopt Housing Implementation Plan RESOLVEDadopts the Housing that the Town Board of the Town of Southold hereby Implementation Plan dated May 29, 2007. Vote Record - Resolution RES-2007-566 ? 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 VI. Public Hearings 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 at 4:56 PM in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell 1. Sets June 19, 2007, At 4:45 P.M., Located At Town Hall, 53095 Main Road, Southold, New York, As the Time and Place for a Public Hearing on the Adoption of the Town of Southold Housing Implementation Plan COMMENTS - Current Meeting: June 19, 2007 Page 34 Minutes Southold Town Board Meeting NOTICE IS HEREBY GIVEN THAT COUNCILMAN WICKHAM: the Town Board of the hold a public hearing on Tuesday, June 19 at 4:45 p.m., at the Town of Southold will Southold Town Meeting Hall, 53095 Main Road, Southold, New York, on the adoption of the Town of Southold Housing Implementation Plan . I have a notice that this notice has appeared in the local newspaper, it has appeared on the Town Clerk’s bulletin board outside. I have in front of me a copy of this, I believe it is five or six pages, five pages of this housing implementation plan, which I believe was available out there on the table just outside the door. I am just going to quote the vision statement of it. “The Town is committed to supporting a socio-economically and racially diverse population to enhance its vitality. Availability of affordable housing in the Town will benefit seniors, first time home buyers, low and moderate income residents and others struggling to remain in the Town. Affordable housing should be distributed throughout the Town, accessible to shopping, employment and public transportation. Design and appearance of this affordable housing should be compatible within the community. The development and provision of affordable housing will demonstrate consistency with fair housing laws.” And there follows sections about the statement of need, housing implementation plan and several goals and it is out there for the public to make comment on at this time. SUPERVISOR RUSSELL: Would anybody like to come up to the Town Board to address the issue of the Housing Implementation Plan? Phil Beltz? PHILIP BELTZ, SPECIAL PROJECTS COORDINATOR: Good afternoon, Philip Beltz, Special Projects Coordinator with the Town of Southold. As the principal author of the housing implementation plan, I feel somewhat reticent to endorse it. However, I wish to share that the content of the document evolved from many months of time and labor from the Housing Advisory Commission and I want to thank them for their hard work and efforts. I strongly believe that the document is a comprehensive tool to guide the Town Board’s efforts to provide affordable housing for town residents. It addresses multiple types of housing opportunities such as first time home buyers, rental housing and senior housing to name a few. In addition, it sites the importance of selecting appropriate locations for affordable housing near public transportation and shopping and efforts to garner community support. Finally, it speaks to continually monitoring the need as well as insuring a fair and transparent process to insure that all applicants can avail affordable housing. I hope that the Housing Implementation Plan will receive the Town Board’s support and serve as a viable tool in providing affordable housing in the Town of Southold in the future. Thank you for your consideration. SUPERVISOR RUSSELL: Thank you, Philip. Would anybody else like to come up and address the Town Board on the Housing Implementation Plan? GEORGE PETER: My name is George Peter from East Marion. You mentioned the implementation information was outside? SUPERVISOR RUSSELL: The Housing Implementation Plan? June 19, 2007 Page 35 Minutes Southold Town Board Meeting MR. PETER: It is not outside. I mean, the public was looking for it and it is not there. SUPERVISOR RUSSELL: Mr. Copertino? JOHN COPERTINO: My name is John Copertino, I am a resident of East Marion. I was going to speak about affordable housing and make a suggestion towards some relief, so it is coincidental, I didn’t know that you had that on the agenda so it fits right in. we are all aware of the fact that many of our young people are leaving Southold Town because they just can’t afford to live here. The reason for this is that there are not enough well paying jobs to keep them, even if they move up island, the average home costs approximately $400,000, a cost that it is unreachable for many, for many. The Town can try to sponsor affordable housing which in the case of the Factory Avenue project overlooks the truly needy, in my opinion, the truly needy people in the needy range of housing which are, this is my opinion only, single parents, women trying to raise a couple of kids making $30,000 a year that don’t qualify for the Factory Avenue mortgages, the handicapped, the disabled in other ways and blind, the elderly on fixed incomes. To me, that is affordable housing, $78,000, $80,000 is not affordable housing. The truly poor cannot afford mortgages at the Factory Avenue project. Let me go on. There is no quick remedy for the plight of the young, the Town can build for them now but tomorrow there would be more waiting for the same. You build 20 houses, it will satisfy those 20 and the teenagers will become married couples and need housing and you are going to build more housing and more housing and the tax burden on the present citizens are going to be tremendous. We have to stay away from entitlement. Because you are born here doesn’t mean that the Town has to build you a house. What bothers me is that a lot of the youngsters here, I am not condemning the youth, but when I read that BOCES closed up a plumbing and electrical courses for lack of interest, which are high paying jobs as you know, just call a plumber and an electrician; only to open up a course in radio stereo installations, that irks me. That shows very little incentive for some of the young people in this Town, who could actually make a good salary. Of course, they would have to commute to BOCES or commute to Dowling or some of the other colleges. What I am trying to say is that when does the, when does the families obligation to their children stop and when does the Town step in? My son can’t live here. My son had to go to Rochester, 500 miles away because he couldn’t afford to live here. There he found a house for $160,000 a year and a well paying job. The jobs are not here, they never will be here. The Town could try to get some industry in here where the people would make money but that is going to be very difficult problem. The illegals are taking what jobs there are. I don’t even see, I don’t even see youngsters doing lawns anymore. I haven’t seen a teenager mowing a lawn to make an extra buck but I see a lot of illegals mowing lawns, you know. I took out home equity loans to help my children. The kids that need homes now say that they are in their 20’s. Where are their parents? Their parents must have lived here for 20 years and must own their homes. Why aren’t they helping their children? Why aren’t they taking out home equity loans? Reverse mortgages? Why is that the duty of the Town? Why is it a burden on the tax payers, rather than their burden? But anyway, I have a solution for part of the problem and let me explain it. Keeping our young here is a great concern. Like I said, I wish I could have kept my son here. But in my opinion the greatest concern of those young group is keeping our first responders here. Our young heroes of our fire department and our EMS service. I have a suggestion to retain our fire fighting youngsters in East Marion. As you know, the East Marion fire district encompasses several June 19, 2007 Page 36 Minutes Southold Town Board Meeting acres of land, that would be a perfect place to build affordable, low rent, low rent garden apartments, for our young fire fighters and their families. There are approximately 42 fire fighters in East Marion, on the fire department. The average age is 55 but they do have young people that are living in Greenport. We want them living in East Marion. We want them near the fire house, if possible. By building four to six, four to six, building four to six villas or garden apartments on the property of the fire district, we will be able to house 10 to 15 percent of the active members of the fire department, which is a pretty good percentage. That is only four garden apartments. Four two bedroom apartments. Four. Or six depending on the architecture, the zoning, the population of each unit etc. I am not familiar with this, it is just an idea. My plan would provide young families in the department the ability to pay low rents, possibly the mortgage. Possibly we could it be floating a bond. Maybe we can get county help to help us. I know that Executive Levy, six months or so ago, mentioned in a newspaper article that, that he wanted to finance volunteer fire department. He stipulated five years on the job to qualify. Qualifications could be made by the fire districts themselves. Let me go on, I understand that now a few of them, the youngsters, have to live in Greenport while serving East Marion. That shouldn’t be happening. A requirement for rental could be a certain amount of time devoted to the fire district, to be decided by the Town or the district. The rents could go to paying the mortgages of the property, thereby reliving the Town and the citizenry of the cost burden of this project. Paying off part of the mortgage. The apartments can have a maximum lease term to allow the upcoming applicants to displace the occupants after a pre-determined time. It will give the young families time to save money and maybe buy a home. Maybe a two or three or four year lease, as long as they still qualify as firemen. They make X amount of calls. Pre- determined. It is just an idea. The intricacies aren’t here. The Town has committed itself to build a three and a half million dollar animal shelter, which they should have built, surely young firefighters are as important as the animals that will be provided in the shelter. We probably can build these apartments for a lot less than the shelter. It is just going to be cinder block or whatever concrete block and air conditioner, heating and so forth. I and the people of East Marion ask you and all your staff, Supervisor Russell, to investigate this suggestion and use it as a top priority. We have to keep our young firemen here in East Marion. That should be our priority. Of all the youngsters that we are talking about in affordable housing. We need our firefighters, our EMS personnel. Who is more important to the community than our first responders? We cannot afford to lose them because of the greed of landlords who care more about making a buck than helping out young people. Mr. Russell, I know that your incentive on accessory apartments has been a positive steps towards helping young and old alike stay in East Marion. You are helping the elderly pensioners by expanding the rules on accessory apartments. SUPERVISOR RUSSELL: Well, we have talked about it but we haven’t had any legislative changes. MR. COPERTINO: Right. The incentive is there, though. The property is there, it is unused. I am talking about the property around the fire district. It is at the fire house, where they are in case they should be called. It has ease of entering and exiting, without causing a major traffic problem. And most of all, garden apartments or villas or duplexes or fourplexes, whatever your design is an excellent way to provide for our young firefighters and their families. It will provide a wholesome atmosphere for these young people while they work and save for the American June 19, 2007 Page 37 Minutes Southold Town Board Meeting dream of home buying. But most of all, it will show them how much they truly appreciate the sacrifice that these young heroes make to our hamlet. To the hamlet of East Marion. So I wish you would consider that. I talked to Walter Gaipa about it and he is going to pass it through the fire commissioners. SUPERVISOR RUSSELL: I would recommend that that is something that should be vetted by the stakeholders, of which we put you on, and the fire district to talk about the possibility. You know, there is no silver here and if that idea has merit, it sounds good on paper, that is the kind that you could work out the details with as a stakeholder group and as a fire district. MR. COPERTINO: It should be our top priority. SUPERVISOR RUSSELL: Absolutely. MR. COPERTINO: And it should be a town, well, I know you have got a lot of priorities but it should be one of your things that you should look into the legalities, how you could apply it properly. SUPERVISOR RUSSELL: I can’t speak for the fire district, they own that property outright. They are a governing agency. If the fire district is interested in having the Town do some work for them, they can certainly contact me. I am happy, you know, talk to the Town Attorney about what is feasible there but I haven’t heard from the fire district yet so what you need to do is to sit down with the fire district and have them contact me about whether that is something, an idea they want to pursue. MR. COPERTINO: Well, I think he is going to arrange a meeting between us and then we can discuss it. I don’t know the legalities of it. I don’t know who owns the property, I know that the taxes that they pay, you know, actually it is public property but I don’t know… SUPERVISOR RUSSELL: Taxing districts are generally wholly exempt unless they are leasing out to a third party. MR. COPERTINO: Exactly. That is why it makes it more feasible because you really don’t have pay, you shouldn’t have to pay a lot of money. Maybe the county could chip in to buy or build it. You know. And the rents could go towards the mortgage. And this way, nobody owns it and as they move on a new fire family could move into it. Four to six is 10 to 15 percent of that district. That is a pretty good shot. Ten to fifteen percent right on the job. Not having to drive from Greenport to a fire or a rescue in East Marion. I thank you. Please consider it. SUPERVISOR RUSSELL: Thank you. Would anybody like to address the Town on the public hearing for the Housing Implementation Plan? Who is next? RHONA SMITH: My name is Rhona Smith and I am a member of the Housing Advisory Commission. And I worked on the Housing Implementation Plan, as everybody in our group did with Philip Beltz’ help. And I would just say that essentially we understand that every proposal, June 19, 2007 Page 38 Minutes Southold Town Board Meeting whether it is from East Marion or anywhere else is going to have to go through the ordinary course of events with permitting and density issues and all of that. So what this plan is really about is just to set out some principals, some guidelines in terms of overall generalizations that would suit the building of affordable housing in the Town. And the key think that we looked for in writing this was to try to create a document that would be very flexible because no two projects are going to be identical, so that is what we tried to present you with. SUPERVISOR RUSSELL: Thank you. Mrs. Egan? JOAN EGAN: Joan Egan, East Marion. My understanding (inaudible) I don’t have the stupid paper that was given out, was that affordable housing would have to also encompass stores and the like. One of my neighbors came to me in the post office, I live in East Marion where we have, well, most of us get our mail in the post office and he said, you know, it doesn’t seem fair that if the affordable housing, what was presented to us would be done because of, he lives up off Rocky Point Road and he doesn’t get Suffolk Water because Suffolk Water doesn’t go up that far as his house and he says, that would mean that I would be paying for the people who are in the affordable houses, part of their water and I am not getting it myself. I think we all agree that we need affordable housing, I don’t know that the rent thing would ever work out because who would own it and blah, blah, blah. But I think you are going to have to be very careful that you don’t take people’s rights away. Each town, here in Mattituck you had stores, you had schools, you had public transportation. So it didn’t, there wasn’t an awful lot of conflict. But where I live, there isn’t that and I think you have to move very slowly and very carefully that you don’t take our rights away. Affordable housing, I don’t know whether it will really ever work out properly but certainly I would move very slowly and very carefully, that we are not paying for somebody else who doesn’t want to do the job themselves. Thank you. SUPERVISOR RUSSELL: Thank you. Linda? LINDA GOLDSMITH: I am Linda Goldsmith from East Marion. I want to talk a little bit about affordable housing. I wasn’t prepared to really speak on it today but since it is on the agenda, I will do so. I am not sure that, I agree that the Town needs to assist people in living in the Town. I am not so sure it is our responsibility to provide a vehicle for home ownership. You can’t legislate lifestyle. I have two children, one owns a home in East Marion and one will probably never own her own home and they make the same amount of money. They are a different lifestyle. Each child has a different life style. But as far as rentals, I have long thought maybe the Town should bite the bullet and put a series of townhouses in each hamlet, Orient, East Marion, Greenport, Peconic, Southold. And make them really, really, really affordable. I am not talking $1,500 a month like East Hampton has done. I am talking about $600 a month and lease them for probably five to seven years and if people can save some money and they should be able to in that amount of time, the homeownership route would be open to them. If they can’t ,then perhaps they don’t really want to. Perhaps they would rather have a timeshare, three or four vacations and a couple of jetskis. I am sorry, but like I said I have children, they are both very different. I just don’t necessarily think that homeownership is something that we have to provide. A roof over the head for the workers, perhaps. The teachers in East Marion don’t even have a starting salary of $40,000. They don’t even qualify for affordable housing. So, that… June 19, 2007 Page 39 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: The housing implementation plan, that is a broad document.. MS. GOLDSMITH: Mmhmm. SUPERVISOR RUSSELL: That would cover things like your suggestion of the townhouses and I have to be honest, anybody who knows me knows I am not the most strident affordable housing proponent around. Those stepping stones that you talked about, those townhouses, I would like to see a Town focus more on creating those stepping stones, not necessarily guaranteeing that you reach the top of the hill in home ownership but providing stepping stones so you have the vehicle to get there. MS. GOLDSMITH: Exactly. SUPERVISOR RUSSELL: But the housing implementation plan would offer all of that. It is a broad document that is, I think, structured to look at all those options. MS. GOLDSMITH: Things like the Mattituck project, where I will be honest, one of my children applied for that project but things like the Mattituck project I think 30 years down the road and I think well, what happens when they become elderly? Can they apply for a reverse mortgage? Can they take out a home equity to help their own children in those houses? Or are we expecting them to have their houses for ten years, keep them affordable and more on? I am not sure what the expectation is. But I just don’t think that home ownership is necessarily the Town’s responsibility. A place to live, yes but the ownership of a home? I don’t necessarily think so. COUNCILMAN WICKHAM: I think that is an important point and this statement does include rental properties as part of the Town’s overall housing plan. MS. GOLDSMITH: I see that. SUPERVISOR RUSSELL: The days of Levittown are over. We just can’t build our way out of problems and issues. And you have to be more creative. MS. GOLDSMITH: You are right. SUPERVISOR RUSSELL: The housing, the rental issues; all of those things have to be on the table. I think that is the idea of the housing implementation plan, is to incorporate all of those different opportunities. And to have a town goal in trying to pursue those as best we can. MS. GOLDSMITH: And lastly, I just want to caution that $1,500 a month is not affordable. SUPERVISOR RUSSELL: That is true. MS. GOLDSMITH: It is not affordable sometimes as a mortgage. If you have two young June 19, 2007 Page 40 Minutes Southold Town Board Meeting people out of college both of them working first year as teachers and you have a $1,500 a month mortgage and a mess of student loans, it is not affordable for you. maybe we have to actually as a town, bite the bullet, build some houses that are really, really, really or I am sorry, apartments or townhouses, that and I mean really affordable and have… SUPERVISOR RUSSELL: I understand what you are saying. MS. GOLDSMITH: And have a finite lease. Five to seven years and save your money. Thank you. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Thank you, Linda. Would anybody else like to address the Town Board on this housing implementation plan? How many times have I had to say that word tonight? Implementation plan? We couldn’t have called it a housing vision plan? JENNIE GOULD: Hi, my name is Jennie Gould. Like Rhona, I spent the last 20 months as a member of the housing advisory commission and I just want to stress to everyone here that is concerned about new home ownership, as Scott has said, that is just one small thing that we focused on. If you really want to know what we focused on, we were focusing on the needs, we see the need for rentals. Re-adaptive use of existing buildings. Mr. Copertino came up with a great suggestion. This is the kind of goals that we have in this plan. It is a very broad based plan, it is like a foot path or foot prints to spark your thoughts about what we could do. Linda came up with a great idea and this is the kind of thing that this plan is supposed to do. Not say that we are going to paper the Town with houses because that is not what we need. We need rents in this Town. Whether you work for the fire department or Peconic Landing, all our entry level jobs. Everyone who has grown up here or has moved here and worked here know that the salaries are low. Twenty years ago that wasn’t a problem because the houses cost $100,000 or even less. When I came 27 years ago, so that if I was making $7 an hour, guess what? I still could afford a mortgage with my husband. That is not the case anymore. The houses are costing $400. Four hundred thousand dollars in this Town and they are wrecks at $400,000. So we have to have something in between. Building houses isn’t the answer, it is partially the answer but we really need to do something about our rental stock and get the rents down because the fact is, the rents are $1,500 a month for the young people in this Town. That is what they can get because there aren’t enough apartments. So hopefully this plan will get us all thinking together, no matter what our view is on building houses for people and subsidizing home ownership. This addresses much, much more than that. Because the community really has a great need and if we are going to stay a viable community, we have to keep young people here, they cannot, whether they are the young people that grew up here or other young people that are going to take their place and do the jobs that need to be done in this town. Thank you. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Board on the Housing and the last time I am going to say the word, Implementation Plan? (No response) Move we close the hearing. RESULT: CLOSED [UNANIMOUS] June 19, 2007 Page 41 Minutes Southold Town Board Meeting MOVER: Louisa P. Evans, Justice SECONDER: William P. Edwards, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell VII. Closing Statements Candy Harper SUPERVISOR RUSSELL: That should conclude the business. Now I would like to offer the opportunity to anybody who would like to address the Town Board on any issue. Certainly feel free to come up now. CANDY HARPER: Hi, I am Candy Harper, a resident of East Marion and the president of Marion Manor Homeowner Association and you will notice that there are quite a few of us here this evening that would like to open a constructive dialogue with you about the plans for the Oki- Do development which have been moving along and which are a growing concern to those of us who live right in the neighborhood and indeed in all of East Marion. It is the biggest development that anybody has ever proposed, a 285 seat restaurant sort of boggles the mind if you really think about what a big structure that is and 110 hotel rooms on a piece of property that your own Waterfront Revitalization Plan said should be the less dense the better, that it is one piece of waterfront that is still accessible for the public. We have lots of concerns about the fact that they are two very small residential roads with lots of kids accessing this site that not only is it sort of against the Waterfront Revitalization Plan that you have adopted but certainly has nothing to do with this idea of the HALO and center development which I think is kind of enlightened development even if some of the details that need to be worked out and we, we are concerned because we see the developer coming to the Zoning Board with proposals and we don’t really feel like we have the kind of dialogue that we need to have with our elected officials, to let you know just how concerned we are with the impact on our roads, the impact on our schools, the impact on our community, the noise, everything that goes with a development of this size. And although it may in the beginning be a health spa, certainly if it goes bust, it could be almost anything. And we are in the process of forming a greater East Marion homeowners association that is not only encompassing our home owners associations but any concerned citizen. So you will find many of us here tonight. I don’t want to take up a lot of time, I just want to begin a conversation with you. Thank you. SUPERVISOR RUSSELL: Thank you. Linda. Linda Goldsmith LINDA GOLDSMITH: About three weeks ago I put a little something in the Orient-East Marion column of the Suffolk Times, asking if anyone wanted to meet and discuss what was going on in East Marion. I have had my head in the sand. I have been in Oysterponds School, I have been working on the school board for 20 years, I am no longer doing that, so my head is a little further west now and I have more time to devote to probably more pressing issues at this point. To my great surprise, there were 30 people there, just from this little advertisement and a few flyers. So, after that meeting we had another meeting at the library and there were 35 people there, so I don’t know how many people will be at the next one. I just wanted to apprise you of just a couple of things we realized regarding that property at the end of Shipyard Lane and it June 19, 2007 Page 42 Minutes Southold Town Board Meeting doesn’t necessarily impact just East Marion. I am sure you realize that the traffic will be increased, there is a great possibility for tax exemption, there is an increased load on every service; the hospitals, the rescue, the publicly supported roadways, the police. If the restaurant is public, two bars in a half a mile radius in East Marion might keep our police officers busy. There will be a lack of access to the water at the end of Shipyard Lane. I know that there has been a reassessment of some of the state’s houses and the assessment has been lowered. Now whether that is due to this proposal of a spa or whether it is, I know Mr. Russell but I tend to think that some of the houses in there are not selling because of the threat and I call it a threat of this spa but of course, that is a personal opinion it is not scientific evidence. The delivery and construction vehicles rolling through Southold Town will be mighty unpleasant. Businesses in Greenport, I don’t know if they will suffer due to this, I don’t know if this restaurant will suck away their business if it opens. And the other thing that bothers me is I don’t think they are going to be using local builders, local architects, local plumbers to build this spa, for lack of a better word. Actually what I would like to see the Town do and I have been to the Planning Board, I have spoken to some people on the ZBA, I would like to see no special exceptions granted, no variances and I would like to see and I know you have spoken about rezoning, well, not necessarily rezoning but changing the uses in the M-II zone. That is something I really, I applaud the Town Board for looking into, I think that that is extremely necessary. I mean, I could go into every single thing that is going to be a horrible thing for East Marion but I think that any of you that look at the plans know that, you are not stupid people. And I know we have spoken also, Supervisor Russell met with us in February regarding this proposal. A bunch of us and I know that the Town right now does not or is not able to purchase this property to keep it open. I understand that there is a lot of buildings on there that need to come down. I know that there is buried fuel tanks which I saw activity in. And I have to tell you I got an excellent response from the Building Department, from the Planning Board everyone when we saw this activity. One phone call and they looked into it, which I thank you very much for doing. It was extraordinary the quick response that I got to that phone call and several other people who had called. COUNCILMAN KRUPSKI: Can you say that again? MS. GOLDSMITH: What? COUNCILMAN KRUPSKI: No, I am kidding. SUPERVISOR RUSSELL: We like our compliments repeated around here. MS. GOLDSMITH: I usually write letters. You know, folks, that I write letters when people do really nice things so that letter will be coming, I promise. It is just that I haven’t gotten to it yet. What this group is going to look into is we are going to look into possible, possibly other uses for this property whether it is the state, the county, the town. Whether it is someone who has a lot of money like Mr. Bacon on Robins Island, I know he has a foundation. I would support other uses on this. I mean, the best thing in the world was it were open and pristine. That may never happen. I could see a town marina, I could see a park or preserve. I could see Stony Brook University calling it one of their marine science centers but we are going to very, very, very June 19, 2007 Page 43 Minutes Southold Town Board Meeting rigorously work on another use for this. Now I know it is owned privately but this is only my opinion, not the groups, if this ever went through it is almost as if it would be an eminent domain issue. The negative so far outweigh the positive that I just can’t even enumerate on them. Thank you very much. SUPERVISOR RUSSELL: Thank you, Linda. COUNCILMAN KRUPSKI: I am familiar with the piece of property. As a Trustee we inspected the site with… MS. GOLDSMITH: Yes. COUNCILMAN KRUPSKI: And it has got a, I mean it is kind of a mess now. I mean, the whole waterfront is a mess, the buildings are a mess but it is a very heavily impacted site. MS. GOLDSMITH: It is. COUNCILMAN KRUPSKI: It has got a lot of potential as far as bay access and waterfront access. It is a beautiful spot for that, potential wise. But the density issue, I can understand your concerns because that is the problem. MS. GOLDSMITH: It is huge. You know, the problems are where are the workers coming from? Where are they going to live? When you clean a hotel room you don’t make much more than $10 an hour. You are not buying a house in East Marion and you know what? I don’t want affordable housing subsidizing the Oki-Do spot. And someone and I don’t remember who it was and I will remember probably in about 10 seconds, keeps calling it the ‘Oki-n o’ and that is my next thing is the bumper stickers. SUPERVISOR RUSSELL: The, we talked in February, you know I said the issue with this is the issue with scale. It is just so out of scale with what, despite the size of that property what that hamlet should and we talked about some of the options, one of the concerns I have is ferry service which the Town Board has actually talked about maybe removing that as an automatic issue in an M-II zone. It is an issue with scale, they have, as we have talked a few times, a lot of issues on the table that just because they put them on the table I think they have a long way to go before they ever be able to get some of that stuff through. A SEQRA process, a sound process, so. The tanks, the other day when I found out about it, we had a building, code enforcement officer out there in a minute flat. The problem was that they were being removed at the order of the DEC. I just simply don’t have the authority to trump the DEC when it comes to that or any other thing for that matter. That was something we had to sit back and let take place. Would anybody else like to address the Town Board? George Peter GEORGE PETER: George Peter. A couple of years ago I bicycled through there before the fence was enclosed and it really was an absolute horror story from a health aspect. The water was very polluted, it really smelled bad. And since then, I know that the outlet from the old marina has been filled in with back sand and high tides and so forth. I would rather June 19, 2007 Page 44 Minutes Southold Town Board Meeting believe that the DEC, this could take years for them to resolve some direction on this and assuming that it would be probably negative because of god knows what kind of dumping has gone on over there the last 20 or 30 years. Can you fill us in on what level the DEC might be at? SUPERVISOR RUSSELL: Actually I can’t right now but we certainly could talk to the Town Planning Board. The oversight here with the DEC, Army Corp, there is a lot of jurisdictions around this table. What status of the process they are in right now, we could certainly sit down with either Anthony or Amy or Bruno and find out. But I know that they have had some issues that they had submitted previously that had already been kicked back as being unfeasible. MR. PETER: Because, you know, I live in Gardiners Bay estates and we own Spring Pond, which is our outlet to the bay and for us to provide periodically for a dredging license and it takes a very lengthy process, a lot of paperwork. We know the DEC does not move that quickly. We are hoping that they don’t speed up their process just because this is a semi-commercial venue and there is pressures from surrounding areas. I am not saying internal political but you know, people with money have different connections and clout and she is a very wealthy, successful lady in New York city, she has her own tax exempt thing, the holistic sense but we just can’t believe that she can move the DEC any further than the snail they technically are. So that is our only hope right now, that as you said just before, that this will be a lengthy, slow moving process and it may not get anywhere. I couldn’t even believe that if she tried to do this in the south fork, the Hamptons, they would approve it down there and that is where at $2,000 a night their supposed customers will come from. So and if they do come, as Linda said, it is just more traffic clogging and if you are worried about the ferry traffic now, it is going to all come from the other direction. So I think the DEC is our first obstacle and we would like to be kept up to date on what that is. Thank you. SUPERVISOR RUSSELL: Absolutely. Mrs. Egan. Joan Egan JOAN EGAN: Joan Egan, East Marion. I can’t agree more with Mr. Peters and Ms. Goldsmith. I spoke against that project from day one. But enough of that. Getting back to other things and incidentally, I have said it before and I am going to say it again, I think it is wrong that Joe Townsend who is on the Planning Board is also supposed to be the facilitator for East Marion people. That is wrong. It is two hats and it is wrong. Now, getting back to other things on item 554, you had about people owing the Town some money. Now the Town must be very, very wealthy or people are ignoring the code enforcers through the Building Department through run- off soil. It is an absolute disgrace. I can’t go into your books but I can see that so many places have absolutely ignored our edict of run-off soil. Now, you only have Mr. Forrester as the “code enforcer” and he is never here on Fridays, especially in the summer. So have we appointed anyone else to collect this money? I mean, I have said it here, there was a letter in the paper about it. So what are we doing? SUPERVISOR RUSSELL: Actually you wrote a letter some time ago that said a second code enforcer, the position would pay for itself. I happen to agree with you. In the new year, I will be budgeting for new code enforcement. In the meantime, I want to remind you that we have more than Ed Forrester in terms of code enforcement. Every building inspector is also a June 19, 2007 Page 45 Minutes Southold Town Board Meeting qualified code enforcer of the state of New York. I have regular code enforcement meetings. MS. EGAN: (Inaudible) Are we sending them out? SUPERVISOR RUSSELL: We are. Far more regularly than ever before. MS. EGAN: Good. SUPERVISOR RUSSELL: I will tell you the soil, the drainage law, that is a brand new law, we just passed that. And we are starting to go out now to get compliance with our new drainage and run-off code. MS. EGAN: Good. SUPERVISOR RUSSELL: But that is a new law, what you saw eight, ten months ago simply was no law for so, there is now and we are going out and we are getting compliance along the way. MS. EGAN: Good. Because you know we have passed a lot of new things about parking and all of that and you don’t have anymore police officers. You know, we are passing these things where we should be collecting money and we don’t want to become a, you know, a horror people but I mean some of these things cannot be ignored. They really can’t be ignored and they are being and that is a shame. That is it. SUPERVISOR RUSSELL: Thank you. Emily Brady EMILY BRADY: My name is Emily Brady, my husband and I just recently built our house and finished it on Shipyard Lane. I am very concerned about the so called spa, Oki-Do. We are on Shipyard itself. Shipyard is a tiny street with a few houses. Half of the block is not even permanent residents. Our development is a development of 35 houses and my husband and I are part of the seven permanent residents in there. we came to the end of the island because this is what we wanted. She is bringing Manhattan to the end of the island. I don’t want it. I don’t want the water to be brought up with her dredging, her marina, her boating, her floating dock. I am not interested in filling her pockets by taking it out of mine and I think it is a really, really important project that you have to look at really closely. What she is doing, what Candy and Linda had mentioned tonight, the scope of it is so hard to believe. There is going to be a managers house, a residence for an owner? Why does she need this? Twenty cottages, concert facilities. What is going to be there? The noise ordinance is really an important thing, too. We have no protection against any noise that is going to come from there. Anyone who is there knows that it is a beautiful, quiet place. In Summit Estates, when the owner of our property built he had to take so much land and assign it to the Town as open space. Why we can’t force her to do that, to cut, if she has to build this thing at all, I don’t want to see it at all. I know she is not going to air drop people into this facility and I know people are not coming from the south fork to pay her thousands of dollars to spend in her cottages or her hotel. A public bar, a bar opened to the public is a real nightmare. I have four giant silver maples in the front, all I see is people, June 19, 2007 Page 46 Minutes Southold Town Board Meeting after they have been drinking at night, coming up the dark street, which I want to remain a dark street-I don’t want major lighting, I don’t want to think I am in the Roosevelt Field mall. You know? So please look at it and see what you can do. SUPERVISOR RUSSELL: Let me just, just for clarity. The M-II zone has this list of uses, the idea being that you make it broad enough so that the different use here or there might be appropriate. Never did you envision that someone is going to come along and submit the whole list of uses on one piece of property and that is what I mean about scale. So those are things that, you know, we are trying to look at now. but people can ask for a lot, it doesn’t mean at the end of the day they are going to get it. Also, let me just caution you on other things, people say you don’t want to see anything there or you don’t certainly want to see that, I could agree with that. But I have met with Linda and others and I asked them a long time ago, what were the other types of uses that would be appropriate there? I think it is probably unfeasible at this point to think that the Town could buy it to protect it. It is too costly and the cost of removal of all of the structures would virtually wipe out every preservation dollar that we have. MS. BRADY: Why can’t you put residential housing in it? SUPERVISOR RUSSELL: Well, again.. MS. BRADY: Why couldn’t it be subdivided for houses? SUPERVISOR RUSSELL: Those are the types, I am not saying it could, those are the types of options that we need to look at. However right now we have a pending application that I don’t even think has completed the SEQRA process, so they have a long way to go. MS. BRADY: Okay. (Inaudible) SUPERVISOR RUSSELL: We are certainly, I can say that as a Town Board we are very cognizant of what the proposal is there. I will mention that on the tax exemption issue, I was the one that actually brought that to the table by researching New York city not for profit status issues. MS. BRADY: Oh, yeah. That is a very important issue for us. When we built our house, it cost us $4,000 to bring public water to our house. That is, they call it key money, from Suffolk County. SUPERVISOR RUSSELL: That is right. MS. BRADY: Four thousand dollars for us. What is it going to cost to bring that water into her? And is she really going to have a tax exempt status as she has on another piece of property? SUPERVISOR RUSSELL: The attorney said absolutely not. The problem as she said, the corporation is not a tax exempt corporation. The current lease, the current title holder which is Oki-Do, is not a tax exempt organization. There is however Gaia Holistic Healing filed in New June 19, 2007 Page 47 Minutes Southold Town Board Meeting York (inaudible). I raised that issue in the past. The viability of that ever becoming tax exempt, as an Assessor I can say, the Assessor’s would have a very good case to ever defeat an application. But it is those types of issues that you have to be cognizant of, so you don’t get, as an Assessor, sand bagged down the road. MS. BRADY: Okay. Thank you. John Copertino SUPERVISOR RUSSELL: Sure. Anybody like to address the Town Board on any issue? John? MR. COPERTINO: I just want to make a couple of points on this Oki-Do. The impact on traffic. I know that somebody here has made a study of it. Entering Route 25, this young lady just mentioned about where she lived before. I think everyone of you were born here except you. You weren’t born in the Town. Or you went to school and you came back here. It, I am not accusing you of anything but I am making a comparison of the new arrivals, which some of us are, appreciating what we have more than the people that have been here all your life because you are used to it. When you come from up island in a very heavily populated area, you come into this area in the first few years, it is heaven. COUNCILMAN KRUPSKI: Are you saying we have been discovered? MR. COPERTINO: You have been discovered. Sorry about that, but we are here. Better get used to us. The point I am trying to make is sometimes you get a little lackadaisical about it and we are a little more, not more concerned, more into… SUPERVISOR RUSSELL: More aware of. MR. COPERTINO: Yeah. Because we just left someplace that wasn’t as (inaudible). I have never, I have been familiar with this Town for many years. I am a newcomer as far as buying my lot but I have rented here, as I said, I went to Camp Molloy in 1945. So that is how long I know Southold. I have never seen the Town Board as involved, truly involved as you fellows here. You have been inundated, you have been attacked by developers who would turn this town into Levittown. You mentioned Levittown, I remember Levittown when it was a potato farm. Now the whole Long Island is a Levittown right up to Riverhead. I remember Riverhead only in the 70’s when it was a potato farm. Look how they destroyed that place. If we don’t watch it, over development can happen over night here. Overnight. This is a prime example of what can happen, this Oki-Do. Be careful of these town centers that you are speaking about when we are planning these town centers. They can be overwhelming, change the character especially of East Marion who is probably the densest populated area of all the hamlets. You have got to be very, very careful… SUPERVISOR RUSSELL: John, you are exactly right and I wish you would bring that type of approach to the hamlet stakeholders. What you currently have is 17 acres in the back that is zoned at one acre zoning. That is 17 new houses. That is not going to serve East Marion interests. You don’t have to support what the original stakeholders had put together as a June 19, 2007 Page 48 Minutes Southold Town Board Meeting package. That is why I want public input. I want public consensus to generate these documents but you have to understand that we do have a map. You have to look at what would be a constructive part of what is a better option. That is exactly why we are not like Levittown because we have tried to be proactive historically. Long before I got here as a Supervisor Boards prior to me established two acre zoning, they established CPF funds, they established…those are all parts of the process but what we really need to do is develop a process by which we have dialogue that is going to be a little bit more productive right now, I think, particularly out there. Which is why I am going to meet with your group at the end of this week whenever your next meeting is. MR. COPERTINO: It is Tuesday at 7:30 at the fire house. You had better check on it, though. It is up in the air. SUPERVISOR RUSSELL: You actually had a good idea, earlier tonight. That is exactly what needs to be vetted by our stakeholders group. MR. COPERTINO: Exactly, exactly. Affordable housing, discount housing is not the answer. It really isn’t the answer. Low rental apartments for necessary personnel is a very good start, in my opinion. But entitlement housing is not the way to go. It is not the way to go. It is not the way to go. There is nobody entitled to a discount house, that is able-bodied, able to work and struggle like most of us have before we came out here. I can tell you stories that you probably wouldn’t believe. I didn’t buy my first house until I was 40 years old. Forty years old. These kids are putting in for these houses at 20 some odd years old. Single kids are getting houses? To me, that is obscene. At least give them to a family. But a single person? Who is able to work and earn a living. You had one lady that was getting a master’s degree. Is she going to have to pay more with each salary raise? I don’t want to get into affordable housing now anyway, I wanted to finish with this Oki-Do. I feel that over construction is destruction in East Marion. Very small hamlet, perhaps almost as small as, no, not as small as New Suffolk. But probably next. A population of maybe 900. About 300-400 in the winter. The workers and the tenants of this Oki-Do will probably be equal or more than the inhabitants of East Marion. Probably be more, four or five hundred people. Where will they be housed while they work here? Will crime go up? Would police be needed? Will more sanitation be needed while they are building it? How many trucks are going to be allowed across a 15 foot Shipyard Lane, back and forth? How about the people that are living on Shipyard and Gillette Drive? The noise during the construction, totally unnecessary. Your answer, your question to me would be well, what would you like to do with the property? I don’t look like a farmer but I would love to see all this empty property turned back to the farmers or to the vineyards to rejuvenate the rural character of this town, as I remember it when I was seven years old. That is me. The cost (inaudible), you have ten acres of Sep’s farm, ten acres of the lower, of that lower part of it, that could be turned back into farm. I don’t know the legal ways that you could do that. The top six acres are trees. Are we going to cut down trees? There is an abundance of wildlife… SUPERVISOR RUSSELL: That is what I am saying, is that that is why the stakeholders need to develop a good plan for that that incorporates that. I think Joe Townsend’s effort was to try to say find a better, Joe, I know someone mentioned Joe, I am sorry, Mrs. Egan mentioned Joe June 19, 2007 Page 49 Minutes Southold Town Board Meeting before but I think the original stakeholders effort was to say, you know, we don’t like the prospect of 17 houses on this site that the current zoning would allow. We want to see if we can come up with something better and that includes a fundamental conservation component here. If the specifics aren’t what you like, than you need to vent that through a stakeholders group. That is, again, where the give and take comes in community dialogue. MR. COPERTINO: You are not only talking about housing, the recommendation for housing, you are talking about shops that nobody will use, you have three or four hundred people in the winter with apartments on top of the shops, a town center in that area could draw teenage hang out, it could be an illegal immigrant hiring area. Who is going to patrol it? Are you going to have added police patrols, you are going to have to have sanitation patrols there. Who is, they are going to be using the outside trash receptacles for personal trash like they do in front of the post office now and again. You know, it is a nice dream… SUPERVISOR RUSSELL: My point being that the stakeholders have to… MR. COPERTINO: All this nice dream, a wonderful this, a wonderful that, we have to decide the negatives before the positives. SUPERVISOR RUSSELL: And those are the issues you need to work out with stakeholders. MR. COPERTINO: But the one objective, objection I have is that the six or eight people have the right to change the character of a small hamlet like East Marion without the population voting on it. Do we have that right? The population of East Marion should vote on the recommendations of the stakeholders. We can’t, we can’t… SUPERVISOR RUSSELL: We talked about this the other day, the idea of a referendum for planning objectives is really, honestly, far fetched. I do think you need to develop good public consensus before a Town Board can move forward, that is what you need to do is develop and as a stakeholder, John, you can go out and figure out how you are going to include the public in the process. That is, I think, what the stakeholders should be focusing on. How do we get the public involved in this process? How do we create these forums? MR. COPERTINO: That should have been done prior to putting this expensive study together. The original stakeholders should have went out and canvassed the area, stood in front of the post office and said, would you like a town center carved out of this rural, little three block town behind it with shops and accessory apartments on top of the shops and meeting places that we already have. They should have asked the population first and then sat down and formulated how they were going to do it and what they really wanted. Now, that is too late. They formulated already now what I think we should do is put it all together and put it to a vote to the population. We don’t have the right to make the life style determinations of 900 people in that town. We have the right to recommend that not…. SUPERVISOR RUSSELL: Then use your chair now as a stakeholder and become a constructive part of that process. That is why we reorganized the committees, to go out and get that public June 19, 2007 Page 50 Minutes Southold Town Board Meeting input component. MR. COPERTINO: But we have it… SUPERVISOR RUSSELL: Good. MR. COPERTINO: There is petitions going around against it. Are you going to listen to that petition? COUNCILMAN WICKHAM: There will be many opportunities, for public hearings and for public expressions, pro and con about that; if that plan ever comes forward. It is not as if the people of East Marion will not have ample opportunity to weigh in and I am not just talking about stakeholders but the population… MR. COPERTINO: In what manner could they weigh in? COUNCILMAN WICKHAM: Excuse me? Through public hearings. Through official noticed public hearings. MR. COPERTINO: (Inaudible) any type of official vote? SUPERVISOR RUSSELL: John, why don’t you use your job now as stakeholder and figure out how to include the public? And be a constructive part of the process. If there is 900 people in East Marion, why don’t you set up meetings now so you can go out and start getting public input. I don’t want you to… MR. COPERTINO: We have it already. SUPERVISOR RUSSELL: What is that? MR. COPERTINO: We formed an East Marion committee, association. SUPERVISOR RUSSELL: Then you ought to be able to have public hearings and public input sessions. And that is exactly why you are there, is to go out and get that public concept and public component. MR. COPERTINO: It is composed of about 10 or 12 neighborhood committees and I will tell you what, every one of the committees is saying we don’t want a hamlet center back there. Do we build it, do we listen to them or do we keep implementing the plan that nobody wants? Except six stakeholders? I am going to leave that to your decision, I think it should be voted for. I think anything that we… SUPERVISOR RUSSELL: It would have to be. It would have to be voted for by this Board. Nothing takes place at the end of the day until this Board, particularly because that would be set up as a planned development. June 19, 2007 Page 51 Minutes Southold Town Board Meeting MR. COPERTINO: I don’t think we had the right to determine the, what the public wants. I think the public, this is a democratic process… SUPERVISOR RUSSELL: Neither you nor I have the right to determine what the public wants. I don’t want you speaking on behalf and I certainly don’t want to speak on behalf of the public East Marion. That is why we need to hurry up and start organizing those public hearings. And as a stakeholder, John, I personally put you on there for that so that we can include the public this time around. MR. COPERTINO: We are included. And you are going to listen to us. SUPERVISOR RUSSELL: Oh, absolutely. I am going to listen to the whole public. MR. COPERTINO: Good. Very good. That is all we ask. Thank you. George Peter MR. PETER: George Peter again. I would like to clarify something and then add something to what John said. You mentioned before about the, how do you pronounce it, the Kortsolakis property? SUPERVISOR RUSSELL: Yeah. MR. PETER: Okay. Last week I went to the Planning Board and I have this sheet, it is listed as a rural home site and a rural residence. And it says the number of acres. The gentleman in the Planning Board said that, this is what he told me and I wrote it down on my sheet, that a minimum of 60 percent open space, minimum, which means about seven to ten lots on less than one acre. Not 17 houses that you just said. SUPERVISOR RUSSELL: How many acres are there? MR. PETER: About 18. SUPERVISOR RUSSELL: 18 acres and their yield would be at half acre zoning, 40,000 square. MR. PETER: Well, R-40 is currently one acre. But he said a minimum of 60 percent, minimum open space. SUPERVISOR RUSSELL: That is right, under the new conservation, yeah but… MR. PETER: Seven to ten houses, not 17 houses. COUNCILMAN EDWARDS: That is not true, Mr. Peter. The way the law works is if someone develops that space, yes, 60 percent of the space is reserved for open space… MR. PETER: Right. June 19, 2007 Page 52 Minutes Southold Town Board Meeting COUNCILMAN EDWARDS: But they are still entitled to the same number of houses they would be entitled to by the zoning. So if they are entitled to 17 houses and 60 percent of the space, then they cluster the houses. MR. PETER: Well then you had better correct the Planning Board because it was way out of line in relation to what you just said. COUNCILMAN ROSS: No, I think you are talking about two different pieces of property. MR. PETER: No, no, no. I gave him the sheet of paper and he took out what the tax map and he double checked this versus his records. SUPERVISOR RUSSELL: We will have to sit down and talk but the problem is that in Southold Town we have a cluster component, so that if you are allowed one acre zoning and 17 houses, say for instance and you have to set aside 60 percent, that means you take your density of 17 and you move it over to the 40 percent. Now, realistically when you factor in roads and things, they might not get 17 houses, they might only get 12, 13 or 14 but it is really the first two or three houses that hurt, not whether it is 13 or 17. We have got to do a yield map to actually decide how many houses are there but the density is still the same. It is still one acre zoning with 17 acres. And for approximation, 17 houses. Maybe 13, maybe 15. but that is what the zoning would allow for. The idea is, what can we do that would be better? What someone referred to before as enlightened land use. Or enlightened planning. COUNCILMAN KRUPSKI: I have heard some of the discussion about this piece of property. It has got to be someone that is going to do the project. You talked about a community center or a different development, the Town isn’t going to do that, it has got to be the owner of the parcel coming to the Town asking to do that. So I don’t think anything is moving forward on this… MR. PETER: Well, we know it is not for sale yet. COUNCILMAN KRUPSKI: You can talk about any kind of proposal at all, none of it might ever happen. COUNCILMAN EDWARDS: But a piece of property that isn’t for sale and hasn’t been developed, anybody will tell you has the potential to be developed. And there is the potential for 17 houses or some number there and in fairness to the original stakeholders group, they looked at that piece of property. They said it has a huge potential impact on East Marion and they didn’t feel that simply doing nothing, which might eventually lead to full yield development was necessarily the best approach and I haven’t heard anything from anyone tonight who would disagree with that. That, you know, the land is there potentially to be developed and if the community wants to have any input into how that land gets developed, now is the time to get in on it and not five years from now or ten years from now when suddenly someone has got a proposal there for a mini Levittown. June 19, 2007 Page 53 Minutes Southold Town Board Meeting MR. PETER: I understand. That is why I joined the stakeholders committee back in December, when I read the article in the paper. Conversely, I was at a meeting that Mr. Russell was invited to in February of the East Marion homemakers at the community hall and I sat right to your left and I did ask you a specific question out loud and in front of everyone that was there and I said will this be, when this is resolved whatever the stakeholders decide, will it be resolved by an open public vote of all the residents of East Marion and you said yes. SUPERVISOR RUSSELL: No, you didn’t ask me that. What I said was… MR. PETER: I have witnesses. SUPERVISOR RUSSELL: I wouldn’t support it without public consensus. I wouldn’t support an initiative, a planning initiative unless you go to the public and there is a clear consensus that the public wants it. And if you remember, I said that the problem the first time out, that there wasn’t enough public input in the stakeholders, which was I urged the Town Board to… MR. PETER: It was never opened to the public. SUPERVISOR RUSSELL: But now it is. But now it is. MR. PETER: Yes, because we are forcing the issue and we are having meetings every two weeks. SUPERVISOR RUSSELL: How do you think you got there? I was the one that brought the stakeholders back together and put you on there… MR. PETER: We appreciate that but the thing is, we want you to know we are moving forward as quick as we can on this, that is why we are scheduling meetings every two weeks and they get bigger and bigger and bigger. And we are having it in the fire house which holds the most amount of people. So we are making progress and our next meeting, I think, with the Town Board is in August. So we will probably have four to six meetings between now and then and we are letting more and more people be aware of it and as John said before, the consensus is that nobody wants any major changes in East Marion. We might go with the affordable fire house housing because that is a necessity. SUPERVISOR RUSSELL: But if you have a current zoning, we can belabor this for all night, but the current zoning, if you find that tolerable which is whatever the yield would be on 17, 18 acres of property at one acre zoning then say, no that is fine with us. Is that what you want to see? I asked John, he said, no, I want it saved. Okay, John, if I take public money and save that land, that means you have a park in your backyard and you didn’t want that either, so why don’t you figure out what the best options are and that is from the stakeholders group. MR. PETER: That is what we are working on but we wanted you to know we are having meetings every two weeks. June 19, 2007 Page 54 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Good. MR. PETER: And we are making progress and we are informing the rest of the people in East Marion. SUPERVISOR RUSSELL: Good. Good. MR. PETER: And we are going to get back to you with numbers of people with a vote, which way it goes. Whether it is for affordable housing or this or that. But we are making progress and we want you to know we are making progress. SUPERVISOR RUSSELL: Good. COUNCILMAN KRUPSKI: A lot of preservation has been done in this Town by private individuals. An awful lot. It is not just town and county money being spent. MR. PETER: We understand. COUNCILMAN KRUPSKI: And there is an opportunity maybe in East Marion for the community to get together and purchase that and then they can decide, whoever owns it, they have control over how it is going to be… SUPERVISOR RUSSELL: I remember at that homemakers meeting talking about maybe finding a benefactor that would come in with a preservation plan. COUNCILMAN KRUPSKI: There is a lot of… SUPERVISOR RUSSELL: I remember talking about that specifically. COUNCILMAN KRUPSKI: There is a lot of potential for that. Because then you could have it, you could do it as a park district even. Just for East Marion. There is a lot of different ways of, there is a lot of different ways to approach this. MR. PETER: But we just want you to know, we are moving forward, we are having meetings, open discussions and the community is getting more and more informed as we go through it. Thank you. John Copertino MR. COPERTINO: What is the legality of taking over that land and turning it back into farm. I know Sep’s farm, the bottom ten acres for many years. What authority does the town have to turn that back into a farm? SUPERVISOR RUSSELL: We don’t own it. We have no authority to turn it back into a farm. It is spoken for by private owners right now. MR. COPERTINO: I know. I mean by purchase through some means to turn it into a farm. Do we have that ability in any way? June 19, 2007 Page 55 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: We can work with any prospective new owner, to do that. To do that very thing but then again, as a stakeholder, we need to sit down, you need to sit down and figure out what those options are and the heavy lifting is, how do we pay for it, what do we want to see as a result? It is easy to say we want to see farming there but then when the farmer goes out to control the deer population, that doesn’t sit well with communities either. So it is all those things have to be factored in, that is why we need these public consensus meetings which is what I encouraged from the beginning. Those are the types of things you want to talk about and if that is an option, we will have to figure out-Peconic Land Trust, groups like that do that as well. How do we preserve this whole thing to the best of our ability? COUNCILMAN EDWARDS: I would just… MR. COPERTINO: There was a plan… COUNCILMAN EDWARDS: Can I just add one thing? All of our preservation efforts, from the first land that was preserved in this town whether it is development rights or open space, has been based on a willing buyer and a willing seller. We have never done anything through eminent domain and I would be opposed to our doing anything through eminent domain, so consequently, the property owner of those 17 acres has rights that the town is not going to have any appetite to interfere with other than on an openly arrived at transaction between the two parties. MR. COPERTINO: I know up until 2004 there was a plan in place whereby the owner was planning on giving 10 acres to the Town if the town would let him develop three, three acre lots up on the northern end of that property, which would be an entrance through Maple Lane. And he pulled that in 2004. That was in place for several years. SUPERVISOR RUSSELL: They had it on the market, there is like three owners there. Some want to sell it, some don’t. You know, that is the nature… MR. COPERTINO: Two don’t want to sell it, I know. SUPERVISOR RUSSELL: That is what I am telling you, that is the nature of those large lots that are left out here. Families who can’t agree with what to do with it. MR. COPERTINO: You should all pool your money and buy the property. It is only two to three million dollars. Come on, come on. Thank you, gentlemen. Ladies and gentlemen. SUPERVISOR RUSSELL: Can I get a motion to adjourn? Jennie. JENNIE GOULD: I don’t want to get into a big dialogue here, what has turned into a dialogue about the East Marion stakeholders but since I am one of the band of seven, I feel I should just say that the original stakeholder report was published about two years ago and it has been on line at the Town for that period of time and it was just recently when the stakeholder groups were June 19, 2007 Page 56 Minutes Southold Town Board Meeting reconstituted and there was a lot of miscommunication in East Marion which we tried to work out at the last meeting and we are getting there, I guess, but we are not quite there. It has just been recently that we have been meeting with the Peconic Land Trust. This is all very fluid, there are no set plans to turn East Marion into Greenport East, okay? This is all just like a fluid discussion and you know, I welcome all the new stakeholders and I hope that it is going to be really productive but I just urge you all to keep an open mind. We have no hidden agenda. COUNCILMAN KRUPSKI: Okey do. MS. GOULD: Okay? SUPERVISOR RUSSELL: Thank you. Move we adjourn. Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 6:07 P.M. * * * * * Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell