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Home My WebLink AboutTB-09/25/2007 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 September 25, 2007 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, September 25, 2007 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 7:30 PM with the Pledge of Allegiance to the Flag. I. Reports 1. Board of Trustees August 2007 2. Justice Evans August 2007 3. Justice Price August 2007 4. Recreation Dept Monthly Report August 2007 5. Town Clerk Monthly Report August 2007 II. Public Notices 1. NYS DEC Notice of Complete Application - Sy & Catherine Ghassemi 6785 St Rte 25, East Marion (SCTM 1000-31-1-1.2) to subdivide 31.7632 acre lot into four lots 2. NYS Liquor Authority September 25, 2007 Page 2 Minutes Southold Town Board Meeting Joseph Paul Winery Inc., 18910 Middle Rd, Cutchogue application for Farm Winery License Renewal 3. Notice of Complete Application - NYSDEC Orlando Property 4. Army Corp of Engineers Notice of Application Peocnic Gold Corp. to place plastic-covered wire mesh trays to grow bay scallops and oysters in Hog Neck Bay. 5. NYS DEC Notice of Complete Application - US Dept of Homeland Security DHS Plum Island Animal Disease Ctr., Orient Point Dock - to construct bulkhead seaward of existing bulkheads III. Communications IV. Discussion 1. Fishers Island Sewer District Louisa Evans 2. “Cold War Veterans” Exemption 3. PDD Legislation Code Comm Mtg Minutes by Councilman Wickham 4. 10:00 Melissa Spiro and John Sepenoski Management Plans 5. 10:30 Mark Terry and John Sepenoski LWRP Council Recommended Code and Procedure Changes 6. Ag Code - Per Supervisor Russell Farmstands, etc. Site Plan regulations for ag structures per 2004 law etc. 7. BCI Communications Waiver Request 8. Plum Island Request for Use of Equipment per Supervisor Russell 9. BOAR Reappointment September 25, 2007 Page 3 Minutes Southold Town Board Meeting Daniel McConlogue’s term expires 9/30/07. Call to Order 7:30 PM Meeting called to order on September 25, 2007 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived Albert Krupski Jr. Town of Southold Councilman Present William P. Edwards Town of Southold Councilman Present Daniel C. Ross Town of Southold Councilman Present Thomas H. Wickham Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice Present Scott Russell Town of Southold Supervisor Present Elizabeth A. Neville Town of Southold Town Clerk Present Kieran Corcoran Town of Southold Present Pledge of Allegiance Opening Statements Supervisor Russell SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. This is the portion of the meeting when anyone can come before the Town Board and address any item as it appears on the agenda. Would anyone care to comment? (No response) Okay, let’s move ahead. V. Minutes Approval 1. RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, July 03, 2007 Vote Record - Acceptance of Minutes for July 3, 2007 4:30 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 2. RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, July 17, 2007 September 25, 2007 Page 4 Minutes Southold Town Board Meeting Vote Record - Acceptance of Minutes for July 17, 2007 4:30 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 3. RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, July 31, 2007 Vote Record - Acceptance of Minutes for July 31, 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 4. RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, September 11, 2007 Vote Record - Acceptance of Minutes for September 11, 2007 4:30 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 5. Motion To: Motion to accept minutes RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell VI. Resolutions 2007-744 CATEGORY: Audit DEPARTMENT: Accounting Approve Audit 9/25/07 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby September 25, 2007. September 25, 2007 Page 5 Minutes Southold Town Board Meeting Vote Record - Resolution RES-2007-744 ? 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 2007-745 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Meeting 10/9/07 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, October 9, 2007 at the Southold Town Hall, Southold, New York at 4:30 P. M.. Vote Record - Resolution RES-2007-745 ? 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 2007-746 CATEGORY: Attend Seminar DEPARTMENT: Building Department Attend Seminar - Building Department - 10/10/07 RESOLVED grants permission to that the Town Board of the Town of Southold hereby Building Inspector Gary Fish, Building Inspector George Gillen, Fire Inspector Robert Fisher, Building Permits Examiner Pat Conklin, Building Permits Examiner Damon Rallis and Chief Building Inspector Michael Verity to attend a seminar on Manufactured Homes in Lindenhurst, New York, on October 10, 2007. All expenses for registration and travel to be a legal charge to the 2007 Building Department budget (meetings and seminars). September 25, 2007 Page 6 Minutes Southold Town Board Meeting Vote Record - Resolution RES-2007-746 ? 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 2007-747 CATEGORY: Attend Seminar DEPARTMENT: Building Department Attend Seminar - Building Depart - 10/17/07 RESOLVED grants permission to Fire that the Town Board of the Town of Southold hereby Inspector Bob Fisher, Building Inspector Gary Fish, Building Inspector George Gillen, Building Permits Examiner Pat Conklin, Building Permits Examiner Damon Rallis and Chief Building Inspector Michael Verity to attend a seminar on Inspecting for Structural Details in Lindenhurst, New York, on October 17, 2007. All expenses for registration and travel to be a legal charge to the 2007 Building Department budget (meetings and seminars). Vote Record - Resolution RES-2007-747 ? 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 2007-748 CATEGORY: Attend Seminar DEPARTMENT: Building Department Attend Seminar - Building Depart - 10/18/07 RESOLVED grants permission to Fire that the Town Board of the Town of Southold hereby Inspector Bob Fisher, Building Inspector Gary Fish, Building Inspector George Gillen, Building Permits Examiner Pat Conklin, Building Permits Examiner Damon Rallis and Chief Building Inspector Michael Verity to attend a seminar on Wood Framing in Lindenhurst, New York, on October 18, 2007. All expenses for registration and travel to be a legal charge to the 2007 Building Department budget (meetings and seminars). September 25, 2007 Page 7 Minutes Southold Town Board Meeting Vote Record - Resolution RES-2007-748 ? 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 2007-749 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Increase Salaries of PT Deckhands Fishers Island RESOLVED that the Town Board of the Town of Southold hereby increases the salaries of the following Fishers Island Ferry Districts’ part-time Deckhands effective August 2, 2007: Raymond Lefevre $10.00 John Mc Veight $11.00 Thomas Evanko $11.00 John McElligott $11.00 Peter Gilmore $11.00 David Yale $11.00 William Felker $10.00 Edward Bridgeman $11.00 Vote Record - Resolution RES-2007-749 ? 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 2007-750 CATEGORY: Attend Seminar DEPARTMENT: Accounting Attend Retirement Meeting - Accounting September 25, 2007 Page 8 Minutes Southold Town Board Meeting RESOLVED grants permission to Janice that the Town Board of the Town of Southold hereby Foglia and Barbara Rudder to attend a seminar on Retirement related topics in Riverhead, on Wednesday, October 17, 2007. Travel expenses to be a legal charge to the 2007 Accounting budget (meetings and seminars). Vote Record - Resolution RES-2007-750 ? 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 2007-751 CATEGORY: Attend Seminar DEPARTMENT: Accounting Permission to Attend NYSHIP Regional Meeting RESOLVED grants permission to that the Town Board of the Town of Southold hereby Principal Account Clerk Janice Foglia and Administrative Assistant_Barbara Rudder to attend a NYSHIP Regional Meeting for Participating Agencies at the Huntington Hilton, on October 4, 2007. There are no registration fees, travel to be a legal charge to the 2007 Accounting budget (meetings and seminars). Vote Record - Resolution RES-2007-751 ? 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 2007-752 CATEGORY: Budget Modification DEPARTMENT: Public Works Budget Modification - DPW - Street Signs RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby Traffic Control budget as follows: September 25, 2007 Page 9 Minutes Southold Town Board Meeting From: A.1620.2.500.950 Hamlet Trash Receptacles $750 To: A.3310.4.100.995 Signs & Sign Parts $750 Vote Record - Resolution RES-2007-752 ? 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 2007-753 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification-Appropriate Insurance Recovery RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: To: Revenues: A.2680.00 Insurance Recoveries $3,033.75 To: A.5182.2.500.500 Street Lighting Street Light Fixtures $3,033.75 Vote Record - Resolution RES-2007-753 ? 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 2007-754 CATEGORY: Attend Seminar DEPARTMENT: Building Department Attend Seminar - Building Department September 25, 2007 Page 10 Minutes Southold Town Board Meeting RESOLVED grants permission to that the Town Board of the Town of Southold hereby George Gillen to attend a seminar on Zoning in Hauppauge, New York, on October 25, 2007. All expenses for registration and travel to be a legal charge to the 2007 Building Department budget (meetings and seminars). Vote Record - Resolution RES-2007-754 ? 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 2007-755 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Modify the Trustees’ General Fund Whole Town 2007 Budget RESOLVEDTrustees’ that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2007 budget as follows: FROM : A.8090.4.100.550 Waterway Markers & Equipment $500.00 TO : A.8090.4.100.100 Office Supplies/Stationary $500.00 Vote Record - Resolution RES-2007-755 ? 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 2007-756 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Detective Sergeant John Sinning to Attend the First Annual New York Gang Investigator’s Conference In Brooklyn, NY September 25, 2007 Page 11 Minutes Southold Town Board Meeting RESOLVED grants permission to that the Town Board of the Town of Southold hereby Detective Sergeant John Sinning to attend the First Annual New York Gang Investigator's New York City Regional Conference on Monday, October 22, 2007, Kings County District Attorney's office in Brooklyn, NY. Travel to be by Town vehicle. The cost of the conference will be a $35.00 registration fee and shall be a legal charge to the 2007 Police Training budget line (A.3120.4.600.200). Vote Record - Resolution RES-2007-756 ? 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 2007-757 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Knights of Columbus, Marian Council No. 3852 to Use Certainroads for Its Annual Right to Life March In Cutchogue on Saturday, October 20, 2007 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Knights of Columbus, Marian Council No. 3852 to use the following roads for its Annual Right to Life March in Cutchogue on Saturday, October 20, 2007 beginning at 11:45 AM: Main Road (from parking lot of Sacred Heart Church) east to Depot Lane to Sacred Heart Cemetery, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of notification of Town Board approval. Vote Record - Resolution RES-2007-757 ? 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 2007-758 CATEGORY: Close/Use Town Roads September 25, 2007 Page 12 Minutes Southold Town Board Meeting DEPARTMENT: Town Clerk Southold PTA Halloween Parade RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Southold Town PTA to hold it Annual Halloween parade, to begin at the Southold Firehouse on the Main Road, proceed west to Oaklawn Avenue and end at the elementary school, on Saturday, October 27, 2007 beginning at 12:00 noon, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley within ten (10) days of the approval of this resolution to coordinate traffic control. Vote Record - Resolution RES-2007-758 ? 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 2007-759 CATEGORY: Misc. Public Hearing DEPARTMENT: Community Development Set 7:40 PM October 23, 2007, Southold Town Hall, 53095 Main Road, Southold, New York 11971, As the Time and Place for a Public Hearing to Hear Citizens Views on Local Housing and Community Development Needs for 2008 RESOLVED hereby sets 7:40 PM October 23, that the Town Board of the Town of Southold 2007, Southold Town Hall, 53095 Main Road, Southold, New York 11971, as the time and place for a Public Hearing to hear citizens views on local housing and community development needs to be met with approximately $136,000 in Community Development Block Grant funds the town of Southold expects to receive in April 2008 and authorizes Town Clerk Elizabeth Neville to publish an “Announcement of Public Hearing Notice”. Vote Record - Resolution RES-2007-759 ? 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 September 25, 2007 Page 13 Minutes Southold Town Board Meeting 2007-760 CATEGORY: Grants DEPARTMENT: Community Development Downtown Beautification Grant RESOLVED that the Town Board of the Town of Southold hereby supports and endorses the grant application of the Greenport-Southold Chamber of Commerce grant application to the Suffolk County, Department of Economic Development & Workforce Housing, Downtown Beautification Program, in connection with improvements to the municipal parking lot in the center of the Southold Business District. Vote Record - Resolution RES-2007-760 ? 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 2007-761 CATEGORY: Attend Seminar DEPARTMENT: Planning Board Water Resources Seminar RESOLVED grants permission to that the Town Board of the Town of Southold hereby Heather Cusack, Mark Terry & Anthony Trezza to attend a seminar on Water Resources in Upton, New York , on Thursday, October 11, 2007. All expenses for registration and travel to be a legal charge to the 2007 Planning Board budget (meetings and seminars). Vote Record - Resolution RES-2007-761 ? 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 2007-762 September 25, 2007 Page 14 Minutes Southold Town Board Meeting CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Mattituck High School to Use Mary’s Road, Pike Street, Westphalia Avenue, Sound Avenue, and Love Lane, Mattituck for Its 14Th Annual Homecoming Parade on Saturday, September 27, 2007 At 9:00 AM RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Mattituck High School to use Mary’s Road, Pike Street, Westphalia Avenue, Sound th Avenue, and Love Lane, Mattituck for its 14 Annual Homecoming Parade on Saturday, September 27, 2007 at 9:00 AM provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley immediately after the approval of this resolution to coordinate traffic control. Vote Record - Resolution RES-2007-762 ? 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 2007-763 CATEGORY: Budget Modification DEPARTMENT: Human Resource Center Budget Mod - Personal Services RESOLVEDmodifies the 2007 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: Appropriations Programs for the Aging A.6772.1.100.300 Personal Services Vacation Earnings $500.00 A.6772.1.100.400 Personal Services Sick Earnings $267.00 A.6772.1.200.100 Personal Services Part Time Earnings $1,100.00 September 25, 2007 Page 15 Minutes Southold Town Board Meeting To: Appropriations Programs for the Aging $1,867.00 A.6772.1.100.200 Personal Services Overtime Earnings Vote Record - Resolution RES-2007-763 ? 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 2007-764 CATEGORY: Budget Modification DEPARTMENT: Human Resource Center Bud. Mod to Purchase AED Defribrilator Units HRC. of the Total Cost for These 2 New AED- Defribrilator Units, a Minimum of $2,100.00 Will be Reimbursed to the Town Through Suffolk County Leg. Ed Romaine’s Community Service Initiative Grants. RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: From:Programs for the Aging $ 2,900.00 Appropriations: Contracted Services A.6772..4.400.650 Vehicle Maint. And Repairs To: Programs for the Aging Appropriations: A.6772.4.100.110 Contractual Expense $2,900.00 Program Supplies and Materials Vote Record - Resolution RES-2007-764 ? 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 2007-765 CATEGORY: Property Usage DEPARTMENT: Town Clerk September 25, 2007 Page 16 Minutes Southold Town Board Meeting Adopt the Stewardship Management Plans for Laurel Lake Preserve, Reese Property, and Hog’s Neck Preserves RESOLVEDadopts the Stewardship that the Town Board of the Town of Southold hereby Management Plans for the following properties: Laurel Lake Preserve Stewardship Management Plan for identified as Suffolk County tax map number 1000-125.-1-14 and 5145 Route 25, Laurel; Reese Property Stewardship Management Plan for the identified as Suffolk County tax map number 1000-45.-5-5 and 70380 Route 25, Greenport; and Hog’s Neck Preserves Stewardship Management Plan for the consisting of the following properties: Forestbrook identified as Suffolk County tax map number 1000-79.-2-7.7, Zoumas identified as Suffolk County tax map number 1000-79.-4-17.25 and Hurtado identified as Suffolk County tax map number 1000-79.-5-20.15, all on North Bayview Road in Southold. Vote Record - Resolution RES-2007-765 ? 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 2007-766 CATEGORY: Legal DEPARTMENT: Solid Waste Management District Waste District Overdue Accounts turns over to the Town RESOLVED that the Town Board of the Town of Southold hereby Attorney collection efforts on the following past due amounts owed to the Solid Waste District, and hereby removes said amounts from 2007 Solid Waste District Budget Revenues, in accordance with a determination by the Town Comptroller and the Town Attorney: Account # 298: Seledonio Villareal in the amount of $848.58 Account # 317: Mattituck Fence in the amount of $220.56 Account # 513: Carlos Estrada in the amount of $294.28 Account # 819: Homescape Construction in the amount of $2192.67 Account # 1198: LI Custom Drywall in the amount of $93.56 Account #s 1534 and 71534: Estuardo Ramirez in the amount of $576.63 Account # 7417: Long Island Vineyard Mgmt. in the amount of $3000.00 Account # 71410: Ubaldino Perez in the amount of $81.03 September 25, 2007 Page 17 Minutes Southold Town Board Meeting Vote Record - Resolution RES-2007-766 ? 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 2007-767 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Contractual Agreement Between the Town of Southold and KJB Industries, Inc. In Connection with the Construction of a Concrete Slab for the Processing of C&D Debris At the Cutchogue Transfer Station RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Contractual Agreement between the Town of Southold and KJB Industries, Inc. in connection with the construction of a concrete slab for the processing of C&D debris at the Cutchogue Transfer Station , subject to the approval of the Town Attorney. Vote Record - Resolution RES-2007-767 ? 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 2007-768 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk FISD Rent PH 10/23/07 @ 7:35 PM WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 25th day of September, 2007 a Local Law entitled relation to Fishers Island Sewer District Rent” now, therefore, be it September 25, 2007 Page 18 Minutes Southold Town Board Meeting 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 23rd day of October, 2007 at 7:45 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to the Fishers Island Sewer The proposed Local Law entitled, District Rent” reads as follows: LOCAL LAW NO. 2007 “A Local Law in Relation to the Fishers Island Sewer District Rent” A Local Law entitled, . BE IT ENACTED , by the Town Board of the Town of Southold as follows: I. Chapter 215 (Sewers and Sewage Disposal) of the Code of the Town of Southold is hereby amended as follows: 1. Section 215-49 is hereby amended to read as follows A. In addition to any and all other fees and charges provided by law, the owner of a parcel of land served by the sanitary sewer system of the FISD shall pay an annual sewer rent for the use of such sanitary sewer system, which shall be based upon an annual charge of three hundred dollars four hundred fifty dollars ($450) ($300) for each separate dwelling unit served by the system. Such annual sewer rents shall be paid in two hundred semiannual installments of one hundred fifty dollars ($150) twenty-five dollars ($225) on the first day of January and June of each year. II. This Local Law shall take effect upon its filing with the Secretary of State Vote Record - Resolution RES-2007-768 ? 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 2007-769 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint David Bauer, As the Greenport Village Representative, to the Southold Town Transportation September 25, 2007 Page 19 Minutes Southold Town Board Meeting Commission RESOLVEDappoints David Bauer, as that the Town Board of the Town of Southold hereby the Greenport Village representative, to the Southold Town Transportation Commission , effective immediately. Vote Record - Resolution RES-2007-769 ? 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 2007-770 CATEGORY: Seqra DEPARTMENT: Land Preservation Bittner SEQRA WHEREAS , the Town Board of the Town of Southold wishes to purchase fee title to certain properties owned by Jacqueline Moeller and TMJ Realty Inc. a/k/a Bittner properties pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Code of the Town of Southold. Said properties are identified as SCTM #1000-58-1-1, #1000-68-1-17.2 and #1000-68-1-17.3. The total area of the properties is 58± acres. The addresses of the properties are respectively 5415, 4305 & 4305 Soundview Avenue in Peconic. The properties are located in the R-80 zoning district. The properties begin approximately 4300 feet westerly on Soundview Avenue from the intersection of Soundview Avenue and Kenney’s Road in Southold. The combined properties include 1360± feet of road frontage on Soundview Avenue and 1404± feet along Long Island Sound. The proposed acquisition is for the Town, in a 50%/50% partnership with the County of Suffolk, to acquire fee title as tenants in common to the entire 58± acres for open space passive recreational purposes. The exact area of the purchase is subject to survey. The purchase price for the entire 58± acre property is $13,294,000 (thirteen million two hundred ninety-four thousand dollars) plus acquisition costs. The purchase price and acquisition costs will be shared equally by the Town of Southold and County of Suffolk and will be funded by the Town’s Community Preservation September 25, 2007 Page 20 Minutes Southold Town Board Meeting Fund and the County of Suffolk Legacy Fund. The Town is eligible for funding from an awarded $1,464,735 (one million four hundred sixty-four thousand seven hundred thirty-five dollar) federal grant from the US National Oceanic and Atmospheric Administration, Coastal Estuarine Land Conservation Program (NOAA/CELCP). The property includes a vacated residential structure and bulkheading; both will be removed in their entirety upon obtaining fee title to these parcels. The County will not be responsible for removal costs of the residential structure; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVEDfinds no significant impact that the Town Board of the Town of Southold hereby on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Vote Record - Resolution RES-2007-770 ? 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 September 25, 2007 Page 21 Minutes Southold Town Board Meeting 2007-771 CATEGORY: Bond DEPARTMENT: Town Clerk Order for the Bond to Increase and Improve the Facilities of The Fishers Island Sewer District At a regular meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York, held at the Town Hall, 53095 Main Road, Southold, New York, on the 25th day of September, 2007. PRESENT: Hon. Scott A. Russell, Supervisor Louisa P. Evans, Justice William P. Edwards, Councilperson Thomas H. Wickham, Councilperson Daniel C. Ross, Councilperson Albert J. Krupski, Jr., Councilperson In the Matter of the Increase and Improvement of Facilities of the Fishers Island Sewer District, in the Town of Southold, in the County of Suffolk, New York, pursuant to Section 202-b of the Town Law RESOLUTION AND ORDER AFTER PUBLIC HEARING WHEREAS, the Town Board of the Town of Southold (herein called the “Town Board” and the “Town”, respectively), in the County of Suffolk, New York, acting on behalf of the Fishers Island Sewer District (herein called the “District”), in the Town, has reviewed a preliminary map, plan and report prepared by Diversified Technology Consultants., Inc., engineers duly licensed by the State of New York (the “Engineer”), for the increase and improvement of facilities of the District, consisting of various upgrades to the wastewater pump September 25, 2007 Page 22 Minutes Southold Town Board Meeting station, the installation of a generator to replace the existing generator, installation of a propane tank, including the construction of the foundation therefor, the removal and replacement of the underground diesel fuel tank and reconstruction of the leach field pipe and other work related, appurtenant and supplemental thereto, including any original equipment, machinery, and apparatus required therefor (the “Sewer Improvement”); and, pursuant to the direction of the Town, the Engineer has completed and filed with the Town Board such preliminary map, plan and report for said increase and improvement of facilities of the District and has estimated the cost thereof to be $125,000; and WHEREAS, the Town Board adopted an order describing in general terms the proposed increase and improvement of facilities, specifying the estimated cost thereof, and stating the Town Board would meet to hear all persons interested in said increase and improvement of facilities on September 25, 2007 at 7:35 o’clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York, in the Town; and WHEREAS, a Notice of such public hearing was duly published, posted and mailed pursuant to the provisions of Article 12 of the Town Law; and WHEREAS, such public hearing was duly held by the Town Board on the 25th day of September, 2007 at 7:35 o’clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York, with considerable discussion on the matter having been had and all persons desiring to be heard having been heard, including those in favor of and those in opposition to said increase and improvement of such facilities; and WHEREAS, the Town Board, as lead agency, has given due consideration to the impact that the project described herein may have on the environment and has determined that such project constitutes a Type II action pursuant to the State Environmental Quality Review Act (“SEQRA”), constituting Article 8 of the New York Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617.5 (c)(2), and no further environmental review is required; Now, therefore, on the basis of the information given at such hearing, it is hereby DETERMINED, that it is in the public interest to increase and improve the facilities of the District hereinabove described as the Sewer Improvement, at the estimated maximum cost of $125,000; and it is hereby September 25, 2007 Page 23 Minutes Southold Town Board Meeting ORDERED, that the facilities of the District shall be so increased and improved and that the Engineer heretofore retained by the Town Board shall prepare plans and specifications and make a careful estimate of the expense for said increase and improvement of such facilities and, with the assistance of the Town Attorney or the attorney for the District, shall prepare a proposed contract for such increase and improvement of facilities of the District, which plans and specifications, estimate and proposed contract shall be presented to the Town Board as soon as possible; and it is hereby FURTHER ORDERED, that the expense of said increase and improvement of facilities shall be financed by the issuance of $125,000 serial bonds of the Town and the costs of said increase and improvement of facilities, including payment of principal of and interest on said bonds, shall be paid by the assessment, levy and collection of assessments upon the several lots and parcels of land within the District which the Town Board shall deem especially benefited by said facilities, so much upon and from each as shall be in just proportion to the amount of benefit which the improvement shall confer upon the same; and it is hereby FURTHER ORDERED, that the Town Clerk record, or cause to be recorded, a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within thirty (30) days after adoption thereof. Vote Record - Resolution RES-2007-771 ? 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 2007-772 CATEGORY: Bond DEPARTMENT: Town Clerk Bond for FISD BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED SEPTEMBER 25, 2007, APPROPRIATING $125,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE FISHERS ISLAND SEWER DISTRICT, CONSISTING OF VARIOUS UPGRADES TO THE WASTEWATER PUMP STATION, THE INSTALLATION OF A September 25, 2007 Page 24 Minutes Southold Town Board Meeting GENERATOR TO REPLACE THE EXISTING GENERATOR, INSTALLATION OF A PROPANE TANK, INCLUDING THE CONSTRUCTION OF THE FOUNDATION THEREFOR, THE REMOVAL AND REPLACEMENT OF THE UNDERGROUND DIESEL FUEL TANK AND RECONSTRUCTION OF THE LEACH FIELD PIPE AND OTHER WORK RELATED, APPURTENANT AND SUPPLEMENTAL THERETO, INCLUDING ANY ORIGINAL EQUIPMENT, MACHINERY, AND APPARATUS REQUIRED THEREFOR, AND AUTHORIZING THE ISSUANCE OF $125,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION Recital WHEREAS, following preparation of a map, plan and report and an estimate of cost for the increase and improvement of facilities of the Fishers Island Sewer District (herein called the “District”), in the Town of Southold (herein called the “Town”), in the County of Suffolk, New York, and after a public hearing duly called and held, the Town Board (herein called “Town Board”) of the Town determined that it is in the public interest to increase and improve the facilities of the District, and ordered that such facilities be so increased and improved; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Board) AS FOLLOWS: Section 1. The Town hereby appropriates the amount of $125,000 for the increase and improvement of facilities of the District, consisting of various upgrades to the wastewater pump station, the installation of a generator to replace the existing generator, installation of a propane tank, including the construction of the foundation therefor, the removal and replacement of the underground diesel fuel tank and reconstruction of the leach field pipe and other work related, appurtenant and supplemental thereto, including any original equipment, machinery, and apparatus required therefore (herein sometimes referred to as “Sewer Improvement”). The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $125,000. The plan of financing includes the September 25, 2007 Page 25 Minutes Southold Town Board Meeting issuance of $125,000 bonds of the Town to finance said appropriation and the assessment, levy and collection of assessments upon the several lots and parcels of land within the District which the Town Board shall deem especially benefited by said Sewer Improvement, so much upon and from each as shall be in just proportion to the amount of benefit which the Sewer Improvement shall confer upon the same. Section 2. Serial bonds of the Town are hereby authorized to be issued in the principal amount of $125,000 pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called “Law”), to finance said appropriation. Section 3. The following additional matters are hereby determined and stated: (a) The period of probable usefulness of the Sewer Improvement, being the specific object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 4 of the Law, is thirty (30) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution, or for expenditure made prior to the effective date of this resolution if a declaration of intent to issue bonds has been made, for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the serial bonds authorized by this resolution will exceed five (5) years. (d) The Town Board, as lead agency, has given due consideration to the impact that the Sewer Improvement may have on the environment and has determined that such project is a Type II Action pursuant to the New York State Environmental Quality Review Act (“SEQRA”), constituting Article 8 of the New York Environmental Conservation Law, and pursuant to 6 N.Y.C.R.R., Regulations Part 617.5 (c)(2), and no further environmental review is required. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity September 25, 2007 Page 26 Minutes Southold Town Board Meeting prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation said bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town without limitation as to rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes issued in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and the renewals of said bond anticipation notes, and relative to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or September 25, 2007 Page 27 Minutes Southold Town Board Meeting (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This resolution shall take effect immediately and the Town Clerk is hereby authorized and directed to publish the foregoing bond resolution, in summary, in Exhibit “A,” substantially the form annexed hereto and made a part hereof and designated in “SUFFOLK TIMES” and “NEWSDAY,” two newspapers each having a general circulation in said Town, which newspapers are hereby designated as the official newspapers of the Town for such publication, together with the Town Clerk’s statutory notice in the form prescribed by Section 81.00 of the Local Finance Law of the State of New York. EXHIBIT A BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED SEPTEMBER 25, 2007, APPROPRIATING $125,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE FISHERS ISLAND SEWER DISTRICT, CONSISTING OF VARIOUS UPGRADES TO THE WASTEWATER PUMP STATION, THE INSTALLATION OF A GENERATOR TO REPLACE THE EXISTING GENERATOR, INSTALLATION OF A PROPANE TANK, INCLUDING THE CONSTRUCTION OF THE FOUNDATION THEREFOR, THE REMOVAL AND REPLACEMENT OF THE UNDERGROUND DIESEL FUEL TANK AND RECONSTRUCTION OF THE LEACH FIELD PIPE AND OTHER WORK RELATED, APPURTENANT AND SUPPLEMENTAL THERETO, INCLUDING ANY ORIGINAL EQUIPMENT, MACHINERY, AND APPARATUS REQUIRED THEREFOR, AND AUTHORIZING THE ISSUANCE OF $125,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION The object or purpose for which the bonds are authorized is for the increase and improvement of facilities of the Fishers Island Sewer District, consisting of various upgrades to the wastewater pump station, the installation of a generator to replace the existing generator, installation of a propane tank, including the construction of the foundation therefore, the removal and replacement of the underground diesel fuel tank and reconstruction of the leach field pipe and other work related, appurtenant and supplemental thereto, including any original equipment, machinery, and apparatus required therefore (the “Sewer Improvement”). The Town Board, as lead agency, has given due consideration to the impact that the Sewer Improvement may have on the environment and has determined that such project is a Type II Action pursuant to the New York State Environmental Quality Review Act (“SEQRA”), constituting Article 8 of the New York Environmental Conservation Law, and pursuant to 6 N.Y.C.R.R., Regulations Part 617.5 (c)(2), and no further environmental review is required. The amount of obligations to be issued is $125,000. The period of probable usefulness is thirty (30) years. September 25, 2007 Page 28 Minutes Southold Town Board Meeting A complete copy of the Bond Resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, Town Hall, 53095 Main Road, Southold, New York. The bond resolution was adopted on September 25, 2007. Vote Record - Resolution RES-2007-772 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? ??William P. Edwards Initiator Adopted as Amended ?????????? Defeated Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2007-773 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation Bittner - Elect to Purchase WHEREAS , the Town Board of the Town of Southold held a public hearing on the question of the purchase of fee title to certain properties owned by Jacqueline Moeller and TMJ Realty Inc. th a/k/a Bittner properties on the 25 day of September, 2007, pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Code of the Town of Southold. Said properties are identified as SCTM #1000-58-1-1, #1000-68-1-17.2, and #1000-68-1-17.3. The total area of the properties is 58± acres. The addresses of the properties are respectively 5415, 4305 & 4305 Soundview Avenue in Peconic. The properties are located in the R-80 zoning district. The properties begin approximately 4300 feet westerly on Soundview Avenue from the intersection of Soundview Avenue and Kenney’s Road in Southold. The combined properties include 1360± feet of road frontage on Soundview Avenue and 1404± feet along Long Island Sound; and, WHEREAS , the proposed acquisition is for the Town, in a 50%/50% partnership with the County of Suffolk, to acquire fee title as tenants in common to the entire 58± acres for open space passive recreational purposes. The exact area of the purchase is subject to survey. The purchase price for the entire 58± acre property is $13,294,000 (thirteen million two hundred ninety-four thousand dollars) plus acquisition costs. The purchase price and acquisition costs will be shared equally by the Town of Southold and County of Suffolk and will be funded by the September 25, 2007 Page 29 Minutes Southold Town Board Meeting Town’s Community Preservation Fund and the County of Suffolk Legacy Fund. The Town is eligible for funding from an awarded $1,464,735 (one million four hundred sixty-four thousand seven hundred thirty-five dollar) federal grant from the US National Oceanic and Atmospheric Administration, Coastal Estuarine Land Conservation Program (NOAA/CELCP). The property includes a vacated residential structure and bulkheading; both will be removed in their entirety upon obtaining fee title to these parcels. The County will not be responsible for removal costs of the residential structure; and WHEREAS , the property is listed on the Town’s Community Preservation Project Plan as property that should be preserved for the following purposes: preservation of open space; nature preserve or recreational areas; preservation of undeveloped beachlands or shorelines; and preservation of unique or threatened ecological areas. Uses of the property shall be limited to those consistent with passive recreational uses and shall be designed in accordance with the environmentally significant nature of the property. Proposed uses of the property may include the establishment of a nature preserve and passive recreational area with trails and limited parking for trail access purposes. A Management Plan will be developed for the property; and, WHEREAS , as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator has determined, that due to the nature of the funding for the acquisition, no sanitary flow credits will be available for transfer from the property; and WHEREAS , the purchase of fee title to these properties for open space purposes is in conformance with the provision of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code of the Town of Southold; and WHEREAS , the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS , the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire fee title to this open space acquisition; and September 25, 2007 Page 30 Minutes Southold Town Board Meeting WHEREAS , the Town Board deems it in the best public interest that the Town of Southold purchase fee title on these properties; now, therefore, be it RESOLVEDelects to purchase fee title that the Town Board of the Town of Southold hereby to certain properties owned Jacqueline Moeller and TMJ Realty Inc. a/k/a Bittner properties pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Code of the Town of Southold. Said properties are identified as SCTM #1000-58-1-1, #1000-68-1-17.2 and #1000-68-1-17.3. The total area of the properties is 58± acres. The addresses of the properties are respectively 5415, 4305 & 4305 Soundview Avenue in Peconic. The properties are located in the R-80 zoning district. The properties begin approximately 4300 feet westerly on Soundview Avenue from the intersection of Soundview Avenue and Kenney’s Road in Southold. The combined properties include 1360± feet of road frontage on Soundview Avenue and 1404± feet along Long Island Sound. The proposed acquisition is for the Town, in a 50%/50% partnership with the County of Suffolk, to acquire fee title as tenants in common to the entire 58± acres for open space passive recreational purposes. The exact area of the purchase is subject to survey. The purchase price for the entire 58± acre property is $13,294,000 (thirteen million two hundred ninety-four hundred thousand dollars) plus acquisition costs. The purchase price and acquisition costs will be shared equally by the Town of Southold and County of Suffolk and will be funded by the Town’s Community Preservation Fund and the County of Suffolk Legacy Fund. The Town is eligible for funding from an awarded $1,464,735 (one million found hundred sixty-four thousand seven hundred thirty-five dollars) federal grant funding from The US National Oceanic & Atmospheric Administration, Coastal Estuarine Land Conservation Program (NOAA/CELCP). The property includes a vacated residential structure and bulkheading; both will be removed in their entirely upon obtaining fee title to these parcels. The County will not be responsible for removal costs of the residential structure. The property is listed on the Town’s Community Preservation Project Plan as property that should be preserved for the following purposes: preservation of open space; nature preserve or recreational areas; preservation of undeveloped beachlands or shorelines; and preservation of unique or threatened ecological areas. Uses of the property shall be limited to those consistent with passive recreational uses and shall be designed in accordance with the environmentally significant nature of the property. Proposed uses of the property may September 25, 2007 Page 31 Minutes Southold Town Board Meeting include the establishment of a nature preserve and passive recreational area with trails and limited parking for trail access purposes. A Management Plan will be developed for the property. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator has determined, that due to the nature of the funding, no sanitary flow credits will be available for transfer from the property. The purchase of fee title to these properties for open space purposes is in conformance with the provision of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code of the Town of Southold. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the Town Board hereby finds this action to be consistent with the LWRP. Vote Record - Resolution RES-2007-773 ? 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 Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter VII. 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 in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell 1. Public Hearing Call to Order FISD Bond COMMENTS - Current Meeting: NOTICE IS HEREBY GIVEN COUNCILMAN WICKHAM: that the Town Board of the Town of Southold, in the County of Suffolk, State of New York, will meet at the Town Hall, 53095 Main Road, Southold, New York, in the Town, on the 25th day of September, 2007, at September 25, 2007 Page 32 Minutes Southold Town Board Meeting 7:35 o’clock P.M. (Prevailing Time), for the purpose of conducting a public hearing to consider to the proposed increase and improvement of facilities of the Fishers Island Sewer District, consisting of various upgrades to the wastewater pump station, the installation of a generator to replace the existing generator, installation of a propane tank, including the construction of the foundation therefore, the removal and replacement of the underground diesel fuel tank and reconstruction of the leach field pipe and other work related, appurtenant and supplemental thereto, including any original equipment, machinery, and apparatus required therefor (the “Sewer Improvement”), at the estimated total cost of $125,000. At said public hearing, the Town Board will hear all persons interested in the subject matter thereof concerning the same and for such other action on the part of the Town with relation thereto as may be required by law. I have the legal notice that appeared in the local newspaper and it has appeared on the Town Clerk’s bulletin board outside. I have no other substantive comments either pro or con in the file. SUPERVISOR RUSSELL: Would anyone like to address the Town Board on this public hearing? COUNCILMAN WICKHAM: Excuse me, I have one comment in the file from Mark Terry, the LWRP coordinator. “The proposed law has been reviewed to Chapter 268, the Waterfront Consistency Review of the Town of Southold and the LWRP policy standards. Based upon the information provide on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my determination that the proposed action is exempt from LWRP review pursuant to section 268-3, definitions which states: ‘A. Maintenance or repair involving no substantial changes in an existing structure or facility’ pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action.” SUPERVISOR RUSSELL: Okay. Now does anyone want to address the Town Board on this exciting and riveting matter? (No response) Let’s close this hearing. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Councilman Wickham Supervisor Russell 2. Moeller/Bittner Set Public Hearing, September 25, 2007 7:40 Pm COMMENTS - Current Meeting: NOTICE IS HEREBY GIVENRESOLVED COUNCILMAN WICKHAM: that pursuant to September 25, 2007 Page 33 Minutes Southold Town Board Meeting the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community sets Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby Tuesday, September 25, 2007, at 7:40 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of properties owned by Jacqueline Moeller and TMJ Realty Inc. a/k/a the Bittner properties . Said properties are identified as SCTM #1000-58-1-1, #1000-68-1-17.2, and #1000-68-1-17.3. The total area of the properties is 58± acres. The addresses of the properties are respectively 5415, 4305 & 4305 Soundview Avenue in Peconic. The properties are located within the R-80 zoning district. The properties begin approximately 4300 feet westerly on Soundview Avenue from the intersection of Soundview Avenue and Kenney’s Road in Southold. The combined properties include 1360 feet of road frontage on Soundview Avenue and 1404 feet along Long Island Sound. The proposed acquisition is for the Town, in a 50%/50% partnership with the County of Suffolk, to acquire fee title as tenants in common to the 58± acres combined parcels for open space passive recreational purposes. The exact area of the purchase is subject to survey. The purchase price for the entire 58± acres is $13,294,000 (thirteen million two hundred ninety-four thousand dollars) and the purchase will be funded by the Community Preservation Fund and the County of Suffolk Legacy Fund. The Town may be eligible for funding from an awarded $1,464,735 (one million four hundred sixty-four thousand seven hundred thirty-five thousand dollar) federal grant from The National Oceanic & Atmospheric Administration, Coastal Estuarine Land Conservation Program (NOAA/CELCP). The purchase will include a vacated residential structure and bulkheading that will be removed in their entirety upon obtaining fee title to these parcels. The property is listed on the Town’s Community Preservation Project Plan as property that should be preserved for open space as a park, nature preserve, or recreational area containing undeveloped beachlands and shorelines that are located within a unique or threatened ecological area. FURTHER NOTICE is hereby given that a more detailed description of the above-mentioned parcel of land is on file in the Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have before me the Short Environmental Assessment form filled out and completed. I also have the notice that this has appeared outside on the Town Clerk’s bulletin board outside and that it has appeared as a legal in the local newspaper. In addition, we have comments from the LWRP coordinator Mark Terry. “This proposal is for the Town, in a 50/50 partnership with the County of Suffolk to acquire fee title as tenants in common of the 58 plus acres, SCTM#1000- 58-1-1, #1000-68-1-17.2 and #1000-68-1-17.3. The addresses of the properties respectively 5415, 4305 and 4305 Soundview Avenue in Peconic. The properties are located within the R-80 zoning district. The properties begin approximately 4,300 feet westerly on Soundview Avenue from the intersection of Soundview Avenue and Kenney’s Road in Southold. The combined properties include 1,360 feet or road frontage on Soundview Avenue and 1,404 feet along Long Island Sound. Based upon the information provided on the LWRP Consistency Assessment September 25, 2007 Page 34 Minutes Southold Town Board Meeting Form submitted to this department, the proposed action is consistent with the policy standards of the LWRP and therefore is consistent with the LWRP.” I have no further communications in the file in regard to this proposed matter. SUPERVISOR RUSSELL: Would anyone like to comment on this public hearing? Melissa? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Good evening. I am Melissa Spiro, the Land Preservation Coordinator for the Town. For those of you who can see the aerial map up front, the property is outlined in red. It is located on the north side of Soundview Avenue basically between Goldsmith Inlet and Great Pond. It is a few properties west of the county owned property known as Peconic Dunes. The property consists of three separate contiguous tax map parcels totaling about 58 acres. They Bittner family purchased the properties at separate times in the 50’s and 60’s and they have remained as three separate parcels since then. The Bittner’s had one residential dwelling on the property and other than that, basically held the property as developed land since purchase. The property contains over 1,400 feet of frontage on Long Island Sound. It contains a great diversity of habitat and wildlife including regionally rare primary and secondary dunes, freshwater wetlands, wooded areas, cranberries, beach plums and many other environmentally sensitive features. I’ve been with the Town 20 years now and I know that for at least that amount of time, the Bittner property has been on every ‘wish list’ and plan, it is specifically mentioned in the Local Waterfront Revitalization Plan, it was included in the New York State Open Space Plans and updates, its been on county lists and of course, it is on the Town’s Community Preservation Plan. The town is partnering with the county on this purchase. In addition, the town is eligible to receive a federal grant for over $1.4 million towards the purchase. Both the town and county had appraisals done of the property and the purchase price is supported by the appraisals. The town will be using funds from the Community Preservation Fund for the purchase. Both the Nature Conservancy and the Peconic Land Trust have helped the town facilitate this acquisition. Once the property is acquired, a management plan will be prepared for the site. Public trails will be designed to allow public access to the site. All uses will be in accordance with the environmentally sensitive nature of the property. The house and the bulkhead, which basically juts out into the Sound and is one of the only bulkheads in that stretch, will be removed in order to restore the natural sand flow of the area. The town and county are working diligently towards the closing by the end of the year, at the latest by the end of January. I am thankful that Jackie Bittner has given us the opportunity to preserve her property. Without her willingness to work with us, I would not be here tonight. I know that in the future when we look back at this purchase, we will all be proud to have been a part of it. Properties like this are not found everywhere and the purchase of this property will allow this unique property to remain as is and to be cherished and enjoyed by all forever. It is with great pleasure that I tell you that the Land Preservation Committee and I both recommend that the Town proceed with this important, significant, and I really don’t even know what other words to describe this wonderful property, purchase. Thank you to the Town Board for proceeding with this and thank you, Jackie Bittner, for allowing this to happen. Thanks. SUPERVISOR RUSSELL: Thank you. Would anyone else like to come up and address the Town Board? September 25, 2007 Page 35 Minutes Southold Town Board Meeting CINDY ICKES: Good evening, I am Cindy Ickes. Just wanting to strongly urge you to purchase this parcel. I think Jackie has been obviously instrumental in making this available and I think along with all the other parcels that are pursued for the open space acquisition, this is a particularly important piece in order to preserve open space and to preserve area for wild animals and sensitive plants. Thank you. SUPERVISOR RUSSELL: Thank you very much. Would anybody else like to come up and address the Town Board on this acquisition? LILLIAN BALL: Hi, I am Lillian Ball, I am a member of the Land Preservation Committee. I wanted to just say a couple of things about how special this place is. Many of you already know that it is part of the maritime freshwater interdunal swale that runs basically from Goldsmiths to Horton Point. In the Kenney’s beach area, we have always called it the Bittner place. It is a globally rare eco-system that is found in only five places in New York state, it is the only one on the north fork. The other two are in East Hampton and Fire Island. They are very rare and listed on the New York State significant habitat maps. We don’t even know what is there. we have never done an inventory. We know it is pretty spectacular because adjacent properties have the iris prismatica, which is endangered in New York State. Carnivorous sundew, native cranberries and one of the guys from Cornell told me he found pink lady slippers in the dunes. As Melissa told you, it is both a double dune system and an inter-dunal swale. And it is, the beach is actually host to osprey and piping plovers have been found there several times. So it is pretty special place. I, like Melissa, would like to thank all the people who have been working so hard on this preservation. The Town Board, the Land Preservation Committee and especially Melissa Spiro. She has been just relentless about this for many years. The Peconic Land Trust, the Nature Conservancy and the landowner. Especially the landowner, Jackie Bittner. This amazing opportunity doesn’t come along very often and I am so glad that Southold was able to take advantage of it. Thank you. SUPERVISOR RUSSELL: Thank you very much. Would anybody else like to come up and address the Town Board on this purchase? LINDA GOLDSMITH: Hi, I am Linda Goldsmith and I want to say that I am delighted that this property is going to be preserved. I had just a couple of questions that you know, I feel like it is almost anti-climactic but you are not just, you are not just purchasing development rights? SUPERVISOR RUSSELL: No, it is …. MS. GOLDSMITH: It is the whole thing? SUPERVISOR RUSSELL: No, it is the ownership of the parcel. MS. GOLDSMITH: Okay. And the town is responsible for the residential structure and the removal of the bulkheading… SUPERVISOR RUSSELL: Right. September 25, 2007 Page 36 Minutes Southold Town Board Meeting MS. GOLDSMITH: And who will create the passive recreational purposes? SUPERVISOR RUSSELL: Use? That would be up to a land stewardship committee that we have in house, so that would be John Sepenoski, the Department of Public Works, Land Preservation representatives; all that have a stake in that issue, will be at the table and draft something probably similar to what we had passed this morning and I will show you the ones that he did for Laurel Lake and two other parcels. That basically are to provide public use but not to undo the very reason we are purchasing that property, which is its fragile eco-system. MS. GOLDSMITH: And that would be, it would be up to the Town not the county? However that would be used or would that be a collaboration as well? SUPERVISOR RUSSELL: The, because it is a county asset the county residents would have use of that property. I believe, if I am not mistaken, that the county will defer to us on the land use recommendations. MS. GOLDSMITH: Okay. Well, I think that is a wonderful purchase and I hope that the Town continues to purchase as much waterfront as possible, even further east. SUPERVISOR RUSSELL: Okay. Thank you, Linda. Mr. Carlin, I saw you had your hand up? FRANK CARLIN: Good evening, ladies and gentlemen of the Board. COUNCILMAN WICKHAM: Good evening. MR. CARLIN: Nobody mentioned how much an acre that is. Per acre. Somebody tell me? $13,294,000….how much is that an acre? On 58 acres? SUPERVISOR RUSSELL: You are asking a guy without a calculator, so I am sorry I don’t have the answer but… MR. CARLIN: Tell me. You got something up there, you can’t tell me how much an acre? You managed to tell me $13,000,000. (inaudible) SUPERVISOR RUSSELL: It is about $250,000 an acre. MR. CARLIN: Maybe $230,000 maybe? SUPERVISOR RUSSELL: Possibly. MR. CARLIN: That sound close enough? COUNCILMAN WICKHAM: Yes. September 25, 2007 Page 37 Minutes Southold Town Board Meeting MR. CARLIN: Well, thank you. I had to figure that out myself. You know, I am all for land preservation, believe me. But when you get to start paying $230,000 an acre, I think it is getting out of hand. That’s a lot of money. I don’t care where it is out. What do we have out there, gold in the ground or something? COUNCILMAN EDWARDS: Mr. Carlin, it is more than a quarter of a mile of frontage on the Sound and that is what primarily influences the cost. MR. CARLIN: What frontage is that going to everybody here, the seniors and everybody else in this Town? Let me give you an example here. You have to support $1,464,000 right? Towards it? And the county is going to put the rest to it, is that right? SUPERVISOR RUSSELL: Yeah, it is a split fee. JUSTICE EVANS: No, no. SUPERVISOR RUSSELL: We expect reimbursement. MR. CARLIN: Where you getting that $1,464,000.? COUNCILMAN WICKHAM: That is a federal grant that we believe can be applied to this. MR. CARLIN: Oh, you believe? COUNCILMAN WICKHAM: Yes. Believe. MR. CARLIN: You don’t know for sure? COUNCILMAN WICKHAM: No, we don’t know for sure. We haven’t even bought it yet. SUPERVISOR RUSSELL: Let me just, we covered that issue at work session several times as to, we know that it is our belief that we will get that money. We asked ourselves the question ‘Is this worth pursuing?’ if that money doesn’t come? And the answer was, by all six of us, absolutely. Let me just tell you, Mr. Carlin, we have an opportunity from time to time to pick up sound front, we have an opportunity from time to time to pick up fragile eco-systems. We have an opportunity from time to time to pick up critical mass but we have never had the opportunity to pick up all of it in one purchase. And this is exactly what this represents. Sixty acres of absolutely pristine land with everything there that the eye can imagine. And I know it sounds like a lot of money but preservation is an expensive game. But not pursuing it is even more expensive in the long run. MR. CARLIN: It sounds beautiful, Scott, it sounds beautiful, believe me. You really sounded beautiful but if you don’t get that grant, then the poor taxpayers are going to be funding this $1,000,000. Who is going to get it? September 25, 2007 Page 38 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: The taxpayers already voted to fund this with the Community Preservation Fund. They already voted to fund this with Community Preservation Funds. MR. CARLIN: Is that what it says in here? COUNCILMAN WICKHAM: Yes. It is not done by the property taxes. It will be financed through the Community Preservation Fund, which is the 2% transfer tax. SUPERVISOR RUSSELL: That is the money specifically put aside that the voters approved for preservation purposes. MR. CARLIN: That come off the tax map? SUPERVISOR RUSSELL: No, that, it comes off, it gets paid every time a closing takes place in Southold Town. You pay that as part of your receiving fees when you are receiving a deed to a new piece of property. Community Preservation Fund, they levy the money at the County Treasurers office and then it gets distributed back to the Town. It is not tax dollars that get levied out on the tax bill. MR. CARLIN: But I am just saying, is there any income coming in for the Town for tax revenue for that property like it would be before it was sold? That is what I am saying. SUPERVISOR RUSSELL: Yeah, oh, yeah. We will certainly see this roll over to the exempt portion of the roll but I can’t imagine that the taxes right now, with one house in poor condition are substantial. It is… MR. CARLIN: You are buying that property for this money, now are you going to improve on it? SUPERVISOR RUSSELL: With passive recreation use only. MR. CARLIN: Where are you going to get that money from? SUPERVISOR RUSSELL: That would come from the stewardship that is allowed for in the CPF, the Community Preservation Fund. We are allowed to earmark 10% of that money to stewardship use. MR. CARLIN: People got answers for everything, I will tell you. COUNCILMAN WICKHAM: Isn’t that nice. MR. CARLIN: Sometimes, well anyway, forget it. Well, I’ll tell you I can’t see though $230,000 an acre. Man. (Inaudible) for $30,000 or $40,000 but now you are going up there, that is a lot of money. You have got senior citizens in this town here and are moving out because they can’t afford to even buy prescription drugs even. You guys are spending that kind of money September 25, 2007 Page 39 Minutes Southold Town Board Meeting like it is going out of style. What is there? Gold? Come on. I’ll be back, regular. I got plenty to say tonight. SUPERVISOR RUSSELL: Okay. Thank you. MR. CARLIN: This is only a warm up for me. Okay. SUPERVISOR RUSSELL: Okay. Thank you. Would anybody else like to address the Town Board on this acquisition? ALFRED KNAPP: Good evening. My name is Alfred Knapp and I live at 3425 Soundview Avenue, about two lots down, west of Bittner. And I have nine acres there. I am just concerned, I think it is a wonderful idea what you are trying to do, I believe the house should come down, I am just concerned about taking down the bulkheading, for no other reason than I do have two little cottages right on the Sound and since, if you do take down the bulkheading I feel that the status quo between the Goldsmith Inlet jetty and Bittners bulkheading will adversely affect my property. SUPERVISOR RUSSELL: Okay, that is an issue that you can come and we will sit down and talk about that more thoroughly. It was my understanding that that jetty at this point wasn’t functional anymore because it was in poor condition. MR. KNAPP: No, it is in excellent condition. COUNCILMAN KRUPSKI: The jetty’s are actually gone. They disappeared in, I am familiar with it in my former life as a Trustee, been out there numerous times. The jetty’s are actually long gone but the bulkhead itself has been repaired every time it gets destroyed. But that bulkhead, I don’t think, sticks out enough to make an impact on coastal erosion there. If you look down the beach, it is a pretty stable beach all the way to the west. MR. KNAPP: That is what I am concerned about. It has been fairly stable but… COUNCILMAN KRUPSKI: But I don’t, if you look at it, I don’t think it is going to have an impact if it is removed. But that is my opinion, I am not a coastal geologist but… SUPERVISOR RUSSELL: You know what? I would invite you to come and sit down with me and the Town Engineer and if Albert is available, and we will talk about that issue but certainly we want to address it. Okay, thank you. MR. KNAPP: Thank you. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board on this purchase? MS. BALL: I would like to address the gentleman that was concerned about the price. In the September 25, 2007 Page 40 Minutes Southold Town Board Meeting Kenney’s beach area we had recently a property that was ¾ of an acre go for $1.3 million. So $230,000. - $250,000. sounds like a bargain to me for this globally rare eco-system. SUPERVISOR RUSSELL: I tried to get the guy down but he wouldn’t take less than the 1.3 that I offered. COUNCILMAN WICKHAM: I would like to add also, Mr. Carlin, that these numbers are not numbers that the Town Board just keeps dreaming up. The are based on appraisals done by professional appraising firms. So they are substantiated out there in the market. MR. CARLIN: Who was the appraiser? COUNCILMAN WICKHAM: Who was the appraiser? MR. CARLIN: Let me ask you a question, Tom. COUNCILMAN WICKHAM: Excuse me? MR. CARLIN: Let me ask you a question. When you sell this land preservation, do the owners get a copy from the appraisers? An exact copy from the appraiser of that property? Do they get it? COUNCILMAN WICKHAM: I don’t know the answer to that question. MR. CARLIN: You don’t up here? And you are selling property. COUNCILMAN WICKHAM: Usually they don’t but I don’t think it…. MR. CARLIN: Why not? They are selling the property aren’t they entitled to appraisals? SUPERVISOR RUSSELL: It is… MR. CARLIN: Written appraisals? SUPERVISOR RUSSELL: Those, no they are not actually. It is a negotiation issue when you are entering into a contract. We have an appraiser, they presumably have one themselves. But no, they are not entitled to the information that we are using to formulate offers. MR. CARLIN: Why? SUPERVISOR RUSSELL: No more than when I sell my house, if someone wants to offer me money, I don’t have any inherent right to see what appraisal he got to decide to buy my home. That is his business product. I can’t interfere with that. It is my house, I set the price at what I see fit and that is how negotiations go. But what we do to make sure that we are paying reasonable prices is we have, I believe, at least two appraisals done. In this particular case, September 25, 2007 Page 41 Minutes Southold Town Board Meeting probably more because the county was involved. There were probably four different appraisals by four different professional appraisals. MR. CARLIN: Who paid for them? SUPERVISOR RUSSELL: We do, the county does. Who ever is ordering the appraisal. MS. BALL: The Community Preservation Fund. SUPERVISOR RUSSELL: Oh, yes. The CPF money we just talked about before is usually something we use, again, part of the acquisition and stewardship program. MR. CARLIN: Your comparing selling a house to selling taxpayers property that you don’t have to give a report to them for the appraisal. SUPERVISOR RUSSELL: To the owner? MR. CARLIN: Appraisal report to the owner. You are saying that you don’t do it on a house, you don’t do it on property but you do it on a house…. SUPERVISOR RUSSELL: They are contracts. They are contracts. We are developing contracts in the art of negotiation, why would you… MR. CARLIN: I will tell you one thing, I wouldn’t want to sell any property if I was going to sell it without having in my hand a written report from an appraiser. SUPERVISOR RUSSELL: As a property owner you can go and get your own. That is what the appraisal business is for. MR. CARLIN: Alright. Okay, here we go to the next one. Do you get a, is the report given from the Department of Health on this here? How about the environmental report? You got all of them in there to make this legitimate? SUPERVISOR RUSSELL: What would their role be? MR. CARLIN: Yeah. COUNCILMAN WICKHAM: SEQRA. We had a SEQRA environmental analysis done. MR. CARLIN: Is it in writing? COUNCILMAN WICKHAM: Yes. It is in the file. MR. CARLIN: Does that go to the owner? September 25, 2007 Page 42 Minutes Southold Town Board Meeting COUNCILMAN WICKHAM: It is available. SUPERVISOR RUSSELL: The SEQRA is a public document. MR. CARLIN: Did you mention that to the owner that he is entitled to all that stuff? COUNCILMAN WICKHAM: They are entitled to it. MR. CARLIN: You know what I would suggest? I am going to finish this now because I could go on. I suggest to these owners who are selling land preservation from now on to make sure what they are signing for. Make sure they get all these attorneys that know land preservation, not an ordinary attorney. Make sure they get these appraisal reports. Make sure they get a report from the environmentalists. Make sure they get a report from the Board of Health, all in writing and hand it to them. Because there is more involved in this than you saying and I’d want to feel sorry for some of these owners, that they don’t do this. SUPERVISOR RUSSELL: You know, I would also encourage the owner to make sure they get a check for $13,294,000. MR. CARLIN: (Inaudible) What is that now? SUPERVISOR RUSSELL: I said, I would also encourage the owner to make sure they get a check for $13,294,000. MR. CARLIN: Oh, I am sure they are gonna get a check because the way you guys are buying these things, it must come very easy to you. anybody want to debate me at any time, I have been in this town for 50 years, I know how the town operates. You are welcome to it, any time. GARY DOW: My name is Gary Dow and I wanted to comment against that. I work for Prudential, Douglas, Elliman Real Estate in Southold. The current rates now on land now at this point in time on a one acre lot are from $325,000 to $425,000 for a flank lot in a field. Waterfront currently is going at a minimum of $750,000 an acre on the water to $1,125,000. and these are comps that we have got that are currently; so an average price on the water is $1,000,000 for lots being sold, for one acre. So this more than justifies the price that is being paid for this property. COUNCILMAN KRUPSKI: You can’t… MR. DOW: Seventy five percent discount. COUNCILMAN KRUPSKI: You can’t look at it just in context of price per acre, you have to look at the map and you have to look at Goldsmith Inlet and you have to look at Great Pond, which is Town owned and you have to look at the land that is preserved, not only the environmentally sensitive of the land that is preserved there but also the land use of the whole Sound front between those two water bodies, you look at the land, the farmland to the south that September 25, 2007 Page 43 Minutes Southold Town Board Meeting has been preserved and you put together a whole picture of what is an important parcel for the Town not to have that built out with houses. So it is not so much that is just a 58 acre parcel by itself, you look at the whole picture and you see that is important because it fits in with the rest of the area. COUNCILMAN EDWARDS: I think it is also worth pointing out because of the contribution from the county because of the contribution from the grant, that the cost to the Town per acre is in the range of $95,000 per acre. Not $230,000 which is the total amount. MR. CARLIN: Nobody can build on that land, right? SUPERVISOR RUSSELL: Not after we get it. MR. CARLIN: It is an automatic nobody can build, right? COUNCILMAN EDWARDS: Nobody. MR. CARLIN: So all these years, that land has been there, right? No big deal. All of a sudden now, you want to buy this thing. It is been there and it can’t be built on, so what are you getting all upset about buying it? SUPERVISOR RUSSELL: It can be built on. We are buying it to prevent the construction of that. It can certainly be built on, the family bought it and enjoyed it for lots of years. And we were lucky that they left it in its pristine state. But it doesn’t mean that it can’t be built on, it certainly can. That is why, and it is not, we didn’t just decide to buy it, they just decided to sell it to us and that is why the contract is now. this is something the Town, I have to tell you Mr. Carlin, I agree with you on a lot of things. How much we are paying now and the sum deals here that we have had over the past year or two that I really went along with kicking and screaming because of the cost because it is the value of what we are paying versus the value of what we are getting. This is the one pie purchase price property that I didn’t even have to think twice about. I am very familiar with the property, I was an Assessor, I was on that property and this is the one that I just thought was an absolute slam dunk for me. In terms of what we are getting, in terms of what we were able to leverage our own money with county money, with possible federal money. What we are getting in return for taxpayers and future generations, I just don’t think, this has probably been one of the most significant purchases in a long, long time. MR. CARLIN: What I am saying, Scott, oh, I don’t understand this. I don’t. what are you, for that money, why not leave it the way it is? Now, wait a minute. Wait a minute. You said it could be built on. SUPERVISOR RUSSELL: Mmhhm. MR. CARLIN: Why don’t you change the zoning code that they can’t build on it? SUPERVISOR RUSSELL: Not without going to court and losing probably a judgment in the amount of $13,294,000. September 25, 2007 Page 44 Minutes Southold Town Board Meeting MR. CARLIN: You guys to court on all these little things…. SUPERVISOR RUSSELL: I can’t just stop. MR. CARLIN: You are always in court anyways so what is the difference? SUPERVISOR RUSSELL: You can’t, that is a, we can’t just rezone things out of existence because we want to protect it. MR. CARLIN: Well, who makes the zoning code up? Don’t the Town Board make the zoning code up? Come on, Scott. SUPERVISOR RUSSELL: And we have to honor our own code. And we zoned that property at 2 acre zoning. We have a legal obligation to honor our own code. MR. CARLIN: Scott, you know what amendment is? Amend something. You can change something right? You do it all the time, that is what you have a Board of Appeals for. I better stop because you can’t follow me. MS. SPIRO: I just wanted to point out that the property, when we started negotiating with Jackie Bittner, the property was on the market and that the Planning Department had received many serious inquiries about full development of that property, so it is not that it was just being held like that forever. It was under threat of development. SUPERVISOR RUSSELL: That is right. COUNCILMAN WICKHAM: Is anyone from the Bittner family here tonight? (No response) SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board on this particular purchase? (No response) Okay. RESULT: CLOSED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Daniel C. Ross, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Motion To: Motion to close public hearing RESULT: ADOPTED [UNANIMOUS] MOVER: Daniel C. Ross, Councilman SECONDER: William P. Edwards, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell VIII. Closing Statements 1. Supervisor Russell SUPERVISOR RUSSELL: Thank you. Would anybody like to come up and address the Town September 25, 2007 Page 45 Minutes Southold Town Board Meeting Board on any issue? Mr. Carlin? 2. Frank Carlin FRANK CARLIN: Before I start, I would like to say a few words about Dr. Lizewski who passed away. He was one of my friends I had and he worked hard for the Town and we are going to miss him here, believe me. I know Joe quite well and he knew me. Rest his soul in peace. Mr. Wickham? COUNCILMAN WICKHAM: Yes, sir. MR. CARLIN: How are we coming with the animal shelter? COUNCILMAN WICKHAM: Well, it is coming. There is construction going on, it is moving ahead on schedule. COUNCILMAN EDWARDS: I would like to say that Councilman Ross and I were out there this afternoon, so we saw the construction that is going on and I invite you to go out there and take a look at it. MR. CARLIN: You was out there this afternoon and they was going on? They’re working? COUNCILMAN EDWARDS: Yeah. Yeah. MR. CARLIN: What time was that? COUNCILMAN EDWARDS: The footings are in. What time were we there? MR. CARLIN: Yeah. COUNCILMAN EDWARDS: Oh, about 3:30 I would say. MR. CARLIN: Funny. I was there this morning and there was nobody around. COUNCILMAN EDWARDS: Well, there were people working there with shovels and there was a backhoe and things were happening. I would say there were probably about four people there? Dan, would you say? COUNCILMAN ROSS: There was construction going on there this afternoon, Mr. Carlin. MR. CARLIN: I was there a month ago and the only thing they done so far was put a three layer block of foundation in, so far as of now. The concrete floor hadn’t been poured yet. Seemed to me, you know what I am afraid of, gentlemen? I am going to be honest with you because I am always honest when I come up here, I say what I want, what I think. I hope this isn’t going to be another 1986 when we started to build an animal shelter. At that time it was 75 feet by 125 feet, and it cost $125,000 and it got as far as putting in the foundation and it died. After 19 years, I think the foundation is still there. I hope this isn’t going to be another one. I hope this isn’t going to be dragged along until election day and then all of a sudden, it is phased out again. September 25, 2007 Page 46 Minutes Southold Town Board Meeting Because I know how this Town Board, how these Boards work. I stood before six different supervisors. I know how youse all operate here. I have lived in this town for 50 years. I know. It is going to take a while to lay that floor and the weather is getting cold. And if you start slowing up in the winter time, you are not going to have that done by the spring. Please, don’t try to kid me. Please. Don’t do it. I want to give you a suggestion like I said to Josh Horton when he was a Supervisor here the whole four years. When that gets built, that is the taxpayers money going into that also for the contract, $164,000 a year the Town gives the League to run that, so that is taxpayers money. I suggested to him for four years that you people appoint an oversight committee to watch that new animal shelter. Not to go in there and look for trouble but to go in there to see that things are being done as per contract. And report back to you because that is taxpayers money that supports that animal shelter. You can have committees for everything else. There is no reason why you can’t have a committee for this animal shelter. COUNCILMAN KRUPSKI: We did have that discussion today at the work session. And as far as the shelter being built, I think I can, I have faith in my five other fellow Board members that they will see this through to the end. MR. CARLIN: Oh, I know you are going to see it through to the end but when the end going to be? COUNCILMAN EDWARDS: Well, the contractor doesn’t get paid till the work gets done. COUNCILMAN KRUPSKI: The Supervisor said he was going to live to 108, so… SUPERVISOR RUSSELL: 80, I said 180. I am going Albert. I live on Krupski pumpkins. I am going to 180, baby. MR. CARLIN: You know what makes me alittle bit negative on this? When you are saying this because two years ago the Southold engineer said in 2004, was it, he said we are going to break ground in April. Then the Supervisor Josh Horton come along, I was paying my taxes in January the year after and he said we are going to put a shovel to it in September and that was 2005. So I am a little bit at unease with you now. SUPERVISOR RUSSELL: I understand that. MR. CARLIN: And you can’t blame me. SUPERVISOR RUSSELL: I understand that, Mr. Carlin. With regard to the animal shelter, I understand that. You have known me for 18 years, I have never pulled a fast one on you. The work is going on, my understanding, I worked in construction for some years, the flooring will probably be poured after the building is encapsulated and built, the floors usually get poured in last through the window holes. MR. CARLIN: Are you sure? September 25, 2007 Page 47 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Yeah. And then floated by the mason and but, you know, his timetable, I will gladly call him tomorrow and then touch base with you on what his timetable is. But he is not getting paid until certain segments of work are done. So I think it is in his interest to do it quickly, too. But remember, the ground has been broken, there has been a substantial amount of site work there and it is under construction now as we speak. It is not a question anymore of just waiting for the ground to be broken. It is done. We are moving forward. I would like everything to go faster in town government, unfortunately it doesn’t work that way. MR. CARLIN: Yeah but Scott, didn’t you sign a contract for that to be done? SUPERVISOR RUSSELL: Yes. MR. CARLIN: Didn’t you sign a finishing date like you always sign a contract? SUPERVISOR RUSSELL: On or about date and we have separate contracts for all the contractors and also I have already signed the authorization to pay people to bring the electric upgrade up there just two days ago. So everything is working in concert now. but we need to upgrade the electric at that site. MR. CARLIN: Okay. But I will be watching pretty closely. SUPERVISOR RUSSELL: I would welcome you to do that. MR. CARLIN: Sometimes I go down there every day. SUPERVISOR RUSSELL: If you don’t see things getting done, give me a call, I will call the contractor. MR. CARLIN: Helicopters. How are we making out with that deal now? SUPERVISOR RUSSELL: We are, the legislation that we have proposed we are going to look to increase the height limit from 1,000 feet to about 2,500 feet. We are in discussions now. They have actually, I have heard agreed to a 3,000 height limit on the south shore, we think that 3,000 ought to be good for the north shore as well. I sat down with Joe Fischetti, who is on the noise abatment committee that County Executive Levy put together. He had a lot of wonderful suggestions to make and he has been very helpful at trying to bring some you know… MR. CARLIN: Well, if they have 3,000 on the south shore, there is no reason why we can’t here. SUPERVISOR RUSSELL: That is right. MR. CARLIN: You have right now, it is a shame that the FAA cannot control helicopters. The direction they are flying or the altitude they are flying. September 25, 2007 Page 48 Minutes Southold Town Board Meeting COUNCILMAN ROSS: They can. MR. CARLIN: I know quite a bit about aircraft. Don’t think I don’t. But the, and it is a shame they can’t because they control commercial airplanes and these also fly in the air. And I will tell you, 1,000 feet isn’t very high. The Empire State building with the NBC tower alone is up 1,500 feet. So 1,000 feet isn’t very high. And if altimeter say, might be off sometime on a helicopter then I will tell what could happen. You, some of youse, do you ever notice the end month there is a big airplane flying over here? A four engine job. Well, he is from Westhampton airport. He is a reservist pilot, getting his time put in flying. So he flies once a month. And he flies over my house and he goes along the north fork and he comes back the south fork, he goes over to New Hampshire, he goes to Maine and he is getting in his time in. usually it is in the evening. And he don’t fly very high and 1,000 feet, one of these days one of these helicopters his altimeter might be off a little bit and you are going to have trouble. So 1,000 feet doesn’t mean too much. COUNCILMAN ROSS: The 1,000 feet, Mr. Carlin, the 1,000 feet was based on New York law. New York State has a law setting a minimum height over congested areas of 1,000 feet and that is what we focused on to begin with. MR. CARLIN: Yeah but why did you wait so long to focus on these things? I mean, you wait till thing happen. Why do you wait so long? SUPERVISOR RUSSELL: The 1,000 feet came out of what was embodied in state law, so the 1,000 feet was what we thought we could defend through any type of legal challenge to us passing the law. We have come to find out that we really need to elevate that and find other means of defending our law if we are going to push it up to about 5,000 feet. MR. CARLIN: (Inaudible) making decisions to start with. COUNCILMAN ROSS: We have meetings, Mr. Carlin, we have meetings and hearings coming up and we expect to hear from both sides. So… MR. CARLIN: You know what the whole problem is, too? We sit back and we discuss things and we talk about things but no decisions and then when something happens, a disaster, then we come along and say, well we should have done that or why didn’t we do this? I am a great one because that was my job, to prevent things from happening with aircrafts. You don’t act after the cat is out of the bag. SUPERVISOR RUSSELL: Well, that is why we are taking action. We are doing everything we can, I have reached out to the…. MR. CARLIN: I know you are moving on it. SUPERVISOR RUSSELL: I have reached out to the trade groups representing the flyers, I know ndth where they are coming from they are coming from an airport out of I think 32 , 34 Street New York. I know what the deal they struck with East Hampton is. I have got all the paperwork, I September 25, 2007 Page 49 Minutes Southold Town Board Meeting have reached out to the trade groups that represent these flyers, these carriers. I have gotten no where with any of them. I have reached out to the FAA who told us, ‘No. Hands off. We don’t govern helicopters.’ I have reached out to federal representatives. Actually Congressman Bishop has been very responsive and was able to get something passed by the House that would give the FAA jurisdiction to start regulating low craft flying helicopters. I have reached out. We are doing, we are taking all the effort we can. The problem is having a small town trying to assert itself over an industry that is fundamentally regulated by the federal government. COUNCILMAN ROSS: There is a learning curve, Mr. Carlin. And today I heard from a gentleman from the Mattituck airport who has offered to help us with the issues but we have crafted the legislation, we have set a hearing date. We have also set up a meeting with officials who are concerned with this. And you know, government doesn’t move fast but we are moving as fast as we can. And we expect to have some results. MR. CARLIN: When is the meeting set up for? th COUNCILMAN ROSS: I believe, Betty? October 11? rd TOWN CLERK NEVILLE: No, the 23… COUNCILMAN ROSS: That is the hearing. Is that the hearing on the legislation. th SUPERVISOR RUSSELL: I think the public input hearing is October 11 here at 7:00. MR. CARLIN: You know but it is a shame that Southampton and the south side officials can have more clout than Southold and can just fly over our area with whatever they want to do and we can’t do nothing about it. COUNCILMAN ROSS: We can, Mr. Carlin. We are trying to. MR. CARLIN: And why can’t they do like I suggested the last Board meeting? when they take off from East Hampton airport or whatever, go out towards Plum Island, come along the Sound. Get away from the houses. And why can’t they go the other way through Montauk Point and go along the ocean? You know why? Before you talk, you know why? I will tell you why. It is shorter time and it is less fuel. SUPERVISOR RUSSELL: Yes. That is right. MR. CARLIN: So why should we be in danger? SUPERVISOR RUSSELL: I agree. MR. CARLIN: For their benefits? SUPERVISOR RUSSELL: I agree 100 %. September 25, 2007 Page 50 Minutes Southold Town Board Meeting MR. CARLIN: You people have got to start standing up in this town for these people if you expect to be elected again. But I will tell you one thing, Tom, uh Scott, you are doing a good job. I liked you, I always did like you. But you know, I want to leave you with a little saying. No ballgame can be won if the score is 2 to 4. Think about it. But you are doing a good job considering. Thank you. 3. Supervisor Russell SUPERVISOR RUSSELL: Thank you, Mr. Carlin. Would anybody else like to come up and address the Town Board? 4. Linda Goldsmith LINDA GOLDSMITH: Linda Goldsmith. I just have a couple of questions. When an acquisition starts for the Town, does the Town approach a property owner or does the property owner approach the Town? SUPERVISOR RUSSELL: It can actually work either way but certainly we have a very active land preservation committee and others who keep an eye on parcels that we have listed as properties that are of interest for the town for acquisition and then we do a lot of outreach. We also pay the Peconic Land Trust, who helps us with outreach, the Nature Conservancy, they will help us with outreach to go out and sort of reach out to those owners and sort of get them interested in the preservation option in dealing with the Town. MS. GOLDSMITH: And how is the list formulated? SUPERVISOR RUSSELL: Well, we have a list that was adopted by the Town Board prior to my getting here. That would be the list of properties that the Town considers, you know, most, of most interest for whatever features they offer for preservation. MS. GOLDSMITH: And can other properties be suggested to the Town? SUPERVISOR RUSSELL: Absolutely. We can add that, at any time we can add to that list. COUNCILMAN WICKHAM: But almost every parcel that could conceivably be acquired for open space or farmland development is already on that land preservation list. It is a list of potential properties. COUNCILMAN KRUPSKI: There is a map that is in the annex here if you want to take a look at it. MS. GOLDSMITH: I will, thank you. And I have another question and I am really confused about this. I was having a conversation regarding affordable housing the other day and the county, has the county given the Southold Town some sort of mandate regarding affordable housing? SUPERVISOR RUSSELL: A mandate? Not that I am aware of. September 25, 2007 Page 51 Minutes Southold Town Board Meeting COUNCILMAN WICKHAM: No. MS. GOLDSMITH: Okay. So, and we, in order to have affordable housing, do you have to have a hamlet center? SUPERVISOR RUSSELL: No. MS. GOLDSMITH: Okay. There is a little bit of a confusion in East Marion because people that I have spoken to, some of them think that no affordable housing can be in East Marion unless there is a hamlet center built. And as I am sure all of you know by now, the Kortsolakis property, which we hope to someday preserve and get on your list, was suggested at one time by the first stakeholders to be, you know, a hamlet center. So that clears up that for me and I am delighted to hear that because people said, no, you must have a hamlet center because people have to go to stores and people need affordable housing don’t have cars and they can’t get to Greenport and things like that. I didn’t think that was the case but I figured I would ask the horse, so… SUPERVISOR RUSSELL: The way the affordable housing statute works in Town, affordable housing districts, it acts like a floating zoning district. The Town Board can change the zone of any property in Southold Town to AHD, affordable housing district. And that would drop the density to quarter acre zoning, they could do it on a two acre piece, they could do it on a 20 acre piece. The following standard principle of planning principles, you would try to do that in areas in and around a hamlet center for infrastructure reasons etc., where you are going to put denser housing would be around the hamlet centers. But you don’t need to have a hamlet center to have affordable housing. The county has their own goals with affordable housing, they have their own transfer of development rights representative. They have their own goals. The one in Mattituck was partially funded by Suffolk County which was, The Cottages in Mattituck, the county was actually a big funder of that particular plan. MS. GOLDSMITH: And my last issue I wanted to ask you about, I am on the real property tax council this year, the services portion and I enjoy the meeting that we had with Mr. Romaine, I was really rather surprised to hear him talk about his health insurance program through Suffolk County when I know five years ago it was in big trouble and it always seems very odd to me that people don’t realize that the school districts here do have a health consortium. You know, for 12 districts. And for some reason, I am not sure why, a lot of people didn’t know that including some of the schools that are in it. So that was always a surprise to me. SUPERVISOR RUSSELL: I didn’t know it until I found out that night. MS. GOLDSMITH: Yeah. Well, we have one with 12 schools, I was a trustee on that for seven years but anyway, and it works very well, by the way, what I want to ask is that when we have our report in for shared services, how is that going to work, will there be more meetings? Will that be, Lisa Richland is the chairman of that committee and she has sent a report regarding this years services, will that be a public meeting as well or will that just be in committee? September 25, 2007 Page 52 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: What we will do is, the report will get distributed to the Town Board, when it is delivered to me from Lynne Krauza, I am going to distribute it to the Town Board and then as a standing committee, I am looking to the Tax Committee to review all four different committee’s reports and then come up with a plan of action on the various recommendations and aspects. I am looking for the guidance from that group. MS. GOLDSMITH: Okay. The one thing I would like to say is, having been on a school board for 20 years and other different boards in the town, not in the Town but around the town, I will tell you that regardless of some surveys and everything else, there are many, many, many, many opportunities for shared services. SUPERVISOR RUSSELL: Right. MS. GOLDSMITH: I mean, just for one example. Many fire departments have vans, Oyster Ponds school has small classes, they spend $500 on a bus to go over to Mystic. You know, there is a shared service right, that the van sits all day. SUPERVISOR RUSSELL: Right. We speculated about several areas. Leveraging our purchasing power at Northville by the consumption of fuel oil, heating oil. We are all going to the same fundamental supplier for heating oil. If we all went as a block, what type of leverage can we secure with that type of purchasing power. There is quite a few things we are looking at. MS. GOLDSMITH: I can tell you that at some of the schools do that through the BOCES; competitive bidding and we do save some money but the more people that are involved the more you are going to save. So I hope that whomever looks at that report and looks at the shared services really takes a very hard look at that because there are a lot of services. I know because when Greenport and Oyster Ponds share services, we save a whole lot of money. Thank you. 5. Supervisor Russell SUPERVISOR RUSSELL: Thank you for everything you have done on that committee. Would anybody else like to address the Town Board? 6. John Copertino, Em JOHN COPERTINO: Good evening, John Copertino, East Marion. A couple of items. In regard to the helicopters, I, you might want to check into this. I believe the FAA is in the process of changing corridors, approach corridors that you might see the airliners come over. At times they come over a little low and I believe they are changing, so when you get into this question that you might come up with an altitude that might conflict with what the FAA is going to change. SUPERVISOR RUSSELL: Thank you. MR. COPERTINO: That is one item. The regulation of apartments. I know, Scott, you had some kind of incentive, trying to get through last year, I am not sure of the facts of it. SUPERVISOR RUSSELL: I can get you my proposal. September 25, 2007 Page 53 Minutes Southold Town Board Meeting MR. COPERTINO: Where do we stand on that? I know East Marion has a lot of congestion as far as apartments go, you know, too many people sharing cottages…. SUPERVISOR RUSSELL: What I had proposed was adopting rental permit legislation, so that you would require a permit from the Town to rent property and maintain that permit with the Town and that would give us the opportunity to know who is renting and the more important opportunity to access property to make sure that they are not over crowding houses, they are not turning houses in to two, three, four family dwellings. It would give us the ability to enforce our current code as it stands. That was proposed last year, there was some small discussion on it and it hasn’t moved forward. MR. COPERTINO: Why? Why hasn’t it moved? SUPERVISOR RUSSELL: I am not sure there was a lot of support for it at the time. MR. COPERTINO: On the Board? I mean, why wouldn’t the Board support that? COUNCILMAN WICKHAM: Frankly the Supervisor never really made a strong presentation to the Board. MR. COPERTINO: Who did? COUNCILMAN WICKHAM: Frankly, the Supervisor never made a clear and strong presentation to the Board? SUPERVISOR RUSSELL: I disagree with that. MR. COPERTINO: What kind of presentation do you need? SUPERVISOR RUSSELL: I disagree with that. I did present, and a strong interest in passing it, I even distributed a template with legislation culled from other towns. And I was looking for input to say, if it doesn’t work, you know, Riverhead’s might not work for us but let’s have some recommendations on how we can get it to work for Southold Town. I can’t sit here and draft legislation all day and not have a receptive audience, so it just sort of… MR. COPERTINO: I can’t understand that. Because the people are suffering from that , the schools, eventually, if it goes unharnessed, the schools are suffering. There is no taxpayers, you know, the taxpayers are going to be absorbing the costs. Whether the people are legal or illegal is really not the point, it is the number of people in the apartments, the cottages at the end of Bay Avenue etc. I can go on and on, I believe East Marion has probably the most congested apartments of all the hamlets because of the size of East Marion and the population. You guys have to work with the Supervisor to get this done. I don’t know what the problem is here. That has been over a year, a year and a half. COUNCILMAN ROSS: I have seconded a motion that someone made to put it on for hearing, September 25, 2007 Page 54 Minutes Southold Town Board Meeting sir. COUNCILMAN KRUPSKI: I think it should go to code committee and then… SUPERVISOR RUSSELL: I did bring it to code committee. We had it at, I brought it to work session and I was told it should be code committee, so I had, and I, and there it laid. MR. COPERTINO: You know, I don’t know what the problem is. This is not even a political problem. I can’t understand why this council can’t get together and pass some type of legislation, regulations on these apartments. It is not political. Democrat, Republican. COUNCILMAN EDWARDS: No, it is not. MR. COPERTINO: No it is not. What is the story? COUNCILMAN EDWARDS: I can tell you things that I have heard from constituents. You are correct, there is a lot of rental property in the community. A lot of it is seasonal, some of it is all year round, some of it is apartments, some of it is houses. Any legislation which involves rental, permits for rental properties is going to really have to incorporate all rental properties not just apartments. And that in turn means two things, which the community I think, is divided on. One is the issue of property rights. A lot of people like it the way it is and they are not prepared to have the Town coming in, which we would I think have to, in rental properties we would have to have some sort of inspection procedure, there would be a licensing procedure. The whole nine yards. MR. COPERTINO: What is wrong with that? COUNCILMAN EDWARDS: I am not saying there is anything wrong with it, I am saying that a lot of people don’t want that. MR. COPERTINO: I haven’t heard anybody that didn’t want that. COUNCILMAN EDWARDS: Well, I have, sir. MR. COPERTINO: And where do you hear it from? Who do you hear it from? COUNCILMAN EDWARDS: People who are aware of the conversation and I would be glad to, I share Councilman Ross’s comment, we would be glad to put some legislation up; have a hearing and hear what people have to say. MR. COPERTINO: We need regulation. COUNCILMAN EDWARDS: But there is not universal support for that in the community. MR. COPERTINO: How do you know that? How do you know that? September 25, 2007 Page 55 Minutes Southold Town Board Meeting COUNCILMAN EDWARDS: I know that because I have people say to me, don’t do it. MR. COPERTINO: How many people have said that to you? I could tell you 100 people that said they want legislation. COUNCILMAN EDWARDS: I can’t quantify but I can say that more people have indicated their concern and opposition to something involving rental permits…. MR. COPERTINO: The only people that benefit from rental properties is the landlords. That is the only people that are benefiting from over-populating… COUNCILMAN EDWARDS: Yeah but it is not only over-populating. MR. COPERTINO: …are the landlords. The people that are not claiming the tenants, are not claiming it on their income tax; they are the ones that are benefiting. The Town suffers from that. The schools suffer from it. We need legislation. You are telling me you heard this, you heard that. I heard a lot of other people that are against it. COUNCILMAN EDWARDS: Well, what I am saying is, that it is not only apartments. It is all rental properties. There are many, many properties in this Town that are rented by the season, rented by the month…. MR. COPERTINO: Which I am talking about apartments… COUNCILMAN EDWARDS: Yeah but you can’t, you really can’t…. MR. COPERTINO: Or the houses with accessory apartments in them. They have to be regulated. We have to do something about it. SUPERVISOR RUSSELL: As a point of information, the law I laid on the table was based on the one that Riverhead had adopted. We are one of the last of the town’s without a rental permit law. That one actually excluded seasonal rentals. That would be, which in Southold Town like other resort style towns, we have a good strong market of summer rentals. People that offer their home up for rent for two or three months of summer. Actually in Riverhead, they are excluded from the rental permit law. It was more focused on year-round dwellings, absentee landlords and the like. We actually have an accessory apartment law in Southold Town, it is rather stringent to get an apartment, I would like to loosen that up and I think the Town Board discussed that. I think we would all like to go in that direction of loosening that up to make accessory apartments a little easier to get but even with our current law the way it is, it actually provides in the law as part of the ZBA approval, that it is subject to the inspection of the Building Department. So it is not like this permit law would be putting any more onus on them than they already have. Which requires an inspection as… MR. COPERTINO: That is a great idea. Some of these places were inspected, you would close them down. You would condemn them. They are unfit to live in. They are taking advantage of September 25, 2007 Page 56 Minutes Southold Town Board Meeting people that have no other place to live but at the same time they are causing living conditions that are ridiculous. People shouldn’t live like that. And they shouldn’t be getting away with it. And they should be paying their fair share of the taxes on it. There is illegal apartments, there are legal apartments. The legal apartments have too many people in them. The illegal apartments shouldn’t be functioning. Do something about it. Work together guys, ladies. I always forget the ladies, I am sorry. It should be ladies and gentlemen. I apologize. I want to compliment all of you on this purchase of property, it is a good deal. But I got a better deal. I got a better deal for you. Have I got a deal for you. And that is the Kortsolakis property, if in fact it is still up for sale. You could, you are interested in preserving, you got 10 acres of farmland to satisfy the farmers in the community that you could lease and make money on and you got six or seven acres of preservation. They have wildlife that you haven’t seen. A wombat, I saw a couple of wombats over there that you haven’t seen any other place in the Town. The Tasmanian wombat, I think. And I think there is an Indian graveyard, too. From India. Not from the other end. SUPERVISOR RUSSELL: The one very nice thing about that parcel is the substantial amount of wooding that is still in place. Which is always nice to get because obviously woods are what disappear so quickly in Southold Town. It does make that piece rather nice. MR. COPERTINO: And it runs parallel with the Suffolk County Water Authority. But it is a valuable piece of property and to preserve the ten acres, to farm the ten acres, goes along with what we want to do in this Town. The Oki-do, now that Oki-do, you are talking about waterfront property. That is a fantastic piece of property for the Town to move in on because this woman is never going to be able to develop that. She is going to run into so many obstacles there with ecology and costs and help, to get help. She is going to have hundreds of, one hundred and some odd hotel rooms and 250 seat restaurant plus another 70 seat restaurant. It is just tremendous. She is not going to be able to get the help and the Town of East Marion, the hamlet of East Marion cannot absorb housing for the help that she is going to need in that place. The prices are going to be exorbitant. It is a holistic spa. Right away, as soon as you put that tab on it, it is probably going to be exorbitant. I mean, even the Shady Lady couldn’t make it, with the prices they were charging. They have been closed for a year or so. So, I would consider, I ask you all to consider preservation of East Marion. The people of East Marion want East Marion to remain as is. In a few weeks I am going to present you with a petition signed by right now, I have about ¾ of the households in East Marion on this petition, signed this petition. Wanting no development in East Marion. They want East Marion to stay the way it is. We have no hamlet center, we want don’t want a hamlet center. We don’t want big commercial developments at the end of Shipyard Lane. We want farming back in. We want that property, that 18 acres, preserved. This is what we are asking the Town to do. We are not asking anything unreasonable. You are in the preservation processes. You have done a good job, we wish you to continue that. That is it, I think. I think I covered everything I wanted to. Thank you very much. 7. Supervisor Russell SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? (No response) Okay, can I get a motion to adjourn? September 25, 2007 Page 57 Minutes Southold Town Board Meeting 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 8:52 P.M. * * * * * Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Daniel C. Ross, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell