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HomeMy WebLinkAboutTB-09/11/2007 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 11, 2007 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, September 11, 2007 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 4:30 PM with the Pledge of Allegiance to the Flag. I. Reports 1. Program for the Disabled August 2007 2. Island Group Lag Claim Report 8/1/06 to 7/31/07 3. Justice Bruer August 2007 II. Public Notices 1. NYS Liquor License Renewal Pugliese Vineyards Inc., Cutchogue, New York for renewal of a Farm Winery License MAZZ Rest LTD d/b/a The Red Door Restaurant, 13560 Main Rd., Mattituck for renewal of Liquor License 2. County of Suffolk Notice of Completion of Final Scoping Document on Draft GEIS for the Proposed Suffolk County Shellfish Aquaculture Lease Program in Peconic and Gardiners Bays. September 11, 2007 Page 2 Minutes Southold Town Board Meeting III. Communications IV. Discussion 1. 9:00 A.M. Unsafe Building Hearing 2. 9:30 A.M. Becky Wiseman Agricultural Stewardship Program 3. 10:00 A.M. Mattituck Stakeholders 4. 10:30 A.M. Cutchogue Stakeholders 5. Emergency Dredging of Goldsmith Inlet Supervisory Russell 6. Animal Code (Residential Zones) Supervisor Russell 7. Beach Parking / Use/ Misc. Supervisor Russell 8. Code Committee Updates Affordable Housing - Supervisor Russell Signage - Councilman Edwards 9. 11:00 A.M. Don Kirby Helicopters in Southold Town - Supervisor Russell and Councilman Ross 10. Road Closure Protocol Councilman Krupski 11. Executive Session Possible discipline/employment matter of a particular employee 12. 8:50 A.M. - Executive Session Property Acquisition - Melissa Spiro 13. Change of Zone Request September 11, 2007 Page 3 Minutes Southold Town Board Meeting Call to Order 4:30 PM Meeting called to order on September 11, 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 Patricia A. Finnegan Town of Southold Town Attorney Present Pledge of Allegiance 4:30 PM Meeting called to order on September 11, 2007 at Meeting Hall, 53095 Route 25, Southold, NY. 9/11 Moment of Silence Opening Statements SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. th I would like to have you all rise for a moment of silence, it is September 11 and out of respect for the memory of the heroes and the victims that have passed away. COUNCILMAN ROSS: I was just speaking with Richard MacMurray of the Cross Sound Ferry who tells me that there is going to be close to 200 firemen, ambulance workers and policemen who are riding their bicycles from Yankee Stadium to Fenway Park. it is a fundraiser in connection with the 9/11 tragedy. They are riding their bicycles and they will be coming through Southold sometime around 2:00 so.. COUNCILMAN WICKHAM: When? COUNCILMAN ROSS: Tomorrow. So tomorrow afternoon, 2:00 and Cross Sound is going to take them over and they are going to finish the journey up to Fenway. So if you see them, that is what it is about. SUPERVISOR RUSSELL: Would anybody like to come to the Town Board and address the Town Board on any issue as it appears on the agenda? Mrs. Egan? JOAN EGAN: Joan Egan, East Marion. I haven’t had a chance to go all through this but we will start at the beginning and work our way through. I think we could raise the thermostat, you can see the steam on the windows. Well, of course the Justice reports, I don’t know, I am sure Mrs. Finnegan must take a look at it and you usually do, Mr. Krupski. September 11, 2007 Page 4 Minutes Southold Town Board Meeting COUNCILMAN KRUPSKI: I do. MS. EGAN: I don’t know about anyone else. Leave me alone. Oh, item 721, I think these seminars for the emergency people are great. I think that is wonderful, they, I don’t know what we would do without them, if we didn’t have them we would have to pay for them. So thank god for them. Now, item 723 is, that is the Highway Department and there are two things for them. 723 and 724 and with all the storms last winter and crazy weather, I think they are doing as good a job as they can. Now, item 725, this is always a problem. This is the school crossing guards. Now we have had any number of different incidents and problems. Now it says here that the rate of pay is based on location. Now I myself think it should be the same all over. Now do these crossing guards, other than the flat rate of pay, get any benefits? SUPERVISOR RUSSELL: No. MS. EGAN: Medical? No benefits at all? SUPERVISOR RUSSELL: No. Per diem employees. MS. EGAN: Hmm? SUPERVISOR RUSSELL: They are per diem employees, they get paid for their time here. Like half of the workforce of Southold Town, which is either seasonal or part-time, it is a per diem position. MS. EGAN: Now suppose they get hurt or injured on the job? Who covers? SUPERVISOR RUSSELL: It is a work related injury, it would be covered. MS. EGAN: Well, I think you should think about giving them either a very good, high rate of pay or keep it the same and try to give them some benefits. You are going to do something, because we do need them and we have had some incidents of some of them being hurt. Well, I won’t take too bad of an offense on item 727, they spelled my name right in one place and wrong in another place. Egan. SUPERVISOR RUSSELL: I, oh, okay. MS. EGAN: They spelled it wrong in one place. Now, I think item 729 and 731 are kind of together and I am wondering how bad our, I know how bad the beaches took it over the winter and I guess we are going to have to spend some money to bring our beaches and parks up to snuff. SUPERVISOR RUSSELL: Right. these are just budgeting mechanisms. This is money that is already in budget but if we didn’t use $3,000 at say, Cliff Park and we can transfer that money to another budget line so we can spend it at another town asset. All it is an accounting procedure. September 11, 2007 Page 5 Minutes Southold Town Board Meeting MS. EGAN: Good. Now, item 733, you have grant permission to James Richter to attend two mandatory seminars. What does that mean? That is required for his job? SUPERVISOR RUSSELL: No, that is a condition of receiving a grant under these particular programs. Actually, it is required educational training that has to do with the grant compliance and the grant application. We qualified for a substantial amount of money under some LWRP grants. MS. EGAN: Oh, I see. SUPERVISOR RUSSELL: Road run-off mitigation, things like that. Jamie is required to go as part of the condition of getting the grant. MS. EGAN: Well, that is good. Now, 734, that will not be a public hearing today, correct? th SUPERVISOR RUSSELL: No, that is to set a public hearing for September 25. MS. EGAN: Now, 735, that is the dump and I think we have something for Mr. Bunchuk to go away on, right? And I see no reason for that, you spend an awful lot of the tax payer money doing those things and I don’t know whether it is really necessary. SUPERVISOR RUSSELL: What? For the three day seminar on solid waste management? MS. EGAN: Yeah. SUPERVISOR RUSSELL: It is a very, solid waste management is a very difficult challenge for municipalities. Jim Bunchuk keeps us up to date on everything and I have to tell you, he runs a very tight fiscal ship down there because he puts this extra time in. I don’t know, you couldn’t drag me to Lake Placid in September for solid waste management seminar. The fact that he is willing to go to benefit the Town, I think we ought to thank him. Lake Placid isn’t exactly the Las Vegas of the north. MS. EGAN: He gets a good salary and Lake Placid at that time is beautiful. He will have a good time. Now, the building department, 737, I don’t know what we are going to do here but it has gotten, I don’t like to say the word out of hand but it has to be brought under control. We have enacted so many of these new codes, so very, very many of them. And I spoke to Mr. Verity of the Building Department today, right before I left for here and I told him that I didn’t see very much progress in regard to any better than it had been last spring for run-off soil. And I said how is it that you are not getting on the ball and doing something about it? Now his reply to me, I hope I am quoting him correctly, was that the way it is handled, he can’t do an awful lot more than he is doing. That it is up to Mr. Forrester to cover these situations where people are violating the code and are paying their run-off soil bills and all of that. Now, but I feel and I have mentioned it here I don’t know how many times, that you do need, if you are going to enact these codes whether they be for animals, whether they be for people, cars or places, you need September 11, 2007 Page 6 Minutes Southold Town Board Meeting another code enforcer. There is no question about it. Mr. Forrester can’t be all over. So, you had better stop kidding yourself that you spend hours and hours going over these codes and building them up and transferring it from here to there, you can’t have these things on the books unless you are going to enforce them and…. COUNCILMAN KRUPSKI: Well, actually with the drainage code in effect and I had a conversation with Mr. Verity about this a couple of months ago to see how it was going, that will handle quite a bit of the drainage problem in Town but it is going to take, I mean, realistically it is going to take 20 to 50 years before we get most of it under control. As every building permit comes in, the drainage on site is going to be met so it is going to take a while for all those properties to cycle through the process to get the drainage corrected. MS. EGAN: I agree with you whole heartedly but I myself scan the North Road and the Main Road and gave Mr. Verity at least 15 to 20 of these different violations and this was what his reply to me was. COUNCILMAN KRUPSKI: Okay. MS. EGAN: As far as new things and new buildings are concerned, that is not mine. (inaudible) So again, you do need another code enforcer, can’t use our police department, they are overworked. We are not a little, little community anymore, we are big stuff and you had better recognize it. Well, 739, again, you need a new code enforcer. Look at all this, look at these local laws. Local law. Look at all of this. Local law, local law. And incidentally, the Town Hall meeting did not run properly I think for almost four, five, six days and I did mention it to the gentleman and I think it was mentioned here last Town Hall meeting that you wanted feedback whether people wanted this into the computer. And his reply was that 300 want it. Well, I don’t know whether 300 makes it worthwhile to keep doing it if it gets people annoyed and upset because it doesn’t run properly. SUPERVISOR RUSSELL: Just a clarification, it was our equipment at Town Hall that was disrupting the lack of a broadcast of the Town Board meeting. that was our equipment failure. On the blinking that some people see, we talked to Cablevision and it is a problem with their high definition boxes. MS. EGAN: Yeah. I don’t have that problem. SUPERVISOR RUSSELL: I don’t have the problem either. But we found out from Cablevision that it has to do with the programming of the HD or high definition boxes of the particular subscribers homes. Also, on the issue of the link into the computer, I actually have gotten many e-mails from people saying it was a good thing and they want to see us keep it. Now what we did as a Board is we entered into this as a pilot to see if there is public interest. There seems to be growing public interest everyday, so my advice to the Board would be to keep it on board to see if we get a broader, wider user ship. But we are getting several hundred hits a day on that site. Many of them presumably are journalists but we are also getting a broader support base from the public. September 11, 2007 Page 7 Minutes Southold Town Board Meeting MS. EGAN: Good. Okay. Thank you. SUPERVISOR RUSSELL: Okay. Would anybody else like to address the Town Board before we get to the resolutions? (No response) Okay, let’s move ahead. V. Resolutions 2007-719 CATEGORY: Audit DEPARTMENT: Town Clerk Audit Dated 9/11/07 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby September 11, 2007. Vote Record - Resolution RES-2007-719 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ???????? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Seconder ?? Tabled ???????? Louisa P. Evans Initiator ?? Withdrawn ???????? Scott Russell Voter ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan 2007-720 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Meeting September 25, 2007 @ 7:30 RESOLVED next Regular Town Board Meeting of the Southold Town Board be that the held, Tuesday, September 25, 2007 at the Southold Town Hall, Southold, New York at 7:30 P. M.. Vote Record - Resolution RES-2007-720 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ???????? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Seconder ?? Tabled ???????? Louisa P. Evans Initiator ?? Withdrawn ???????? Scott Russell Voter ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan September 11, 2007 Page 8 Minutes Southold Town Board Meeting 2007-721 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Public Safety Dispatcher I John Helf, Jr., to Attend Training Seminar At the Northport Police Department RESOLVED grants permission to Public that the Town Board of the Town of Southold hereby Safety Dispatcher I John Helf, Jr., to attend a Advanced EMD (Emergency Medical Dispatch) training at the Commack Volunteer Ambulance Site, Commack, NY commencing on Saturday, November 10, 2007 through Sunday, November 11, 2007. All expenses for registration and travel to be a legal charge to the 2007 Public Safety Communications budget line A.3020.2.200.700. Vote Record - Resolution RES-2007-721 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ???????? William P. Edwards Seconder ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? Louisa P. Evans Voter ?? Withdrawn ???????? Scott Russell Voter ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan 2007-722 CATEGORY: Tax Lien DEPARTMENT: Town Clerk Fishers Island Sewer District Lien for $1614.37 for Unpaid Sewer Rent for the Year of 2007 Owed by Carolyn Juleen Doherty and Thomas F. Doherty, Jr., SCTM #1000-12-1-2 RESOLVED that the Town Board of the Town of Southold, in accordance with Article XV, determines that Section 215-50 of Chapter 215 of the Code of the Town of Southold, hereby the Fishers Island Sewer District rent owed by Carolyn Juleen Doherty and Thomas F. Doherty, Jr. in the amount of $1614.38 for the year of 2007 which rent remains unpaid, shall be levied against the real property of Carolyn and Thomas F. Doherty, Jr. (Carolyn Juleen Doherty SCTM #1000-12-1-2), and shall be collected at the same time and in the same manner as Town taxes. September 11, 2007 Page 9 Minutes Southold Town Board Meeting Vote Record - Resolution RES-2007-722 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ???????? William P. Edwards Initiator ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? Louisa P. Evans Voter ?? Withdrawn ???????? Scott Russell Voter ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan 2007-723 CATEGORY: Budget Modification DEPARTMENT: Highway Department Budget Modification Highway RESOLVED modifies the 2007 Highway that the Town Board of the Town of Southoldhereby Fund Part Town budget as follows: To: DB.5142.4.100.525 Snow Removal Contractual Expense Supplies & Materials Snow Fence $ 3,036.00 From: DB.5142.4.100.100 Snow Removal Contractual Expense Supplies & Materials Miscellaneous Supplies $ 3,036.00 Vote Record - Resolution RES-2007-723 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ???????? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Initiator ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Seconder ?? Tabled ???????? Louisa P. Evans Voter ?? Withdrawn ???????? Scott Russell Voter ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan 2007-724 CATEGORY: Budget Modification DEPARTMENT: Highway Department Budget Modification - Highway September 11, 2007 Page 10 Minutes Southold Town Board Meeting RESOLVED modifies the 2007 Highway that the Town Board of the Town of Southoldhereby Fund Part Town budget as follows: To: DB.5110.4.400.600 General Repairs Contractual Expense Contracted Services Other Contracted Services $ 7,500.00 From: DB.5140.1.100.100 Brush & Weeds/Miscellaneous Personal Services Full Time Employees Regular Earnings $ 7,500.00 Vote Record - Resolution RES-2007-724 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ???????? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Seconder ?? Tabled ???????? Louisa P. Evans Initiator ?? Withdrawn ???????? Scott Russell Voter ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan 2007-725 CATEGORY: Advertise DEPARTMENT: Police Dept Advertise for School Crossing Guards - Police RESOLVEDauthorizes and directs the Town that the Town Board of the Town of Southold Clerk to advertise for School Crossing Guards for several locations within the Town of Southold . Rate of pay to be determined by location. Vote Record - Resolution RES-2007-725 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ???????? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Initiator ?? Tabled ???????? Louisa P. Evans Seconder ?? Withdrawn ???????? Scott Russell Voter ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan 2007-726 September 11, 2007 Page 11 Minutes Southold Town Board Meeting CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Southold Methodist and Presbyterian Churches to Use Certain Town Roads for the Purpose of Holding the Annual CROP Walk for Hunger on Sunday, October 21, 2007 From the Hours of 12:00 Noon to 4:00 Pm RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Southold Methodist and Presbyterian Churches to use the following Town Roads for the purpose of holding the annual CROP Walk for Hunger on Sunday, October 21, 2007 from the hours of 12:00 noon to 4:00 pm: Wells Avenue, Oaklawn Avenue, Pine Neck Road, North Road to Bayview, North Bayview Road, Cedar Drive, Waterview Drive, Main Bayview Road , provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town Southold as an additional insured and contact Capt. Flatley immediately to coordinate traffic control. Vote Record - Resolution RES-2007-726 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ???????? William P. Edwards Seconder ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? Louisa P. Evans Voter ?? Withdrawn ???????? Scott Russell Voter ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan 2007-727 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Hire Brett Egan PT Deckhand FIFD RESOLVEDappoints Brett Egan to the that the Town Board of the Town of Southold hereby position of a part-time deckhand for the Fishers Island Ferry District, effective September 13, 2007, at a rate of $9.00 per hour. Vote Record - Resolution RES-2007-727 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ???????? William P. Edwards Initiator ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? Louisa P. Evans Voter ?? Withdrawn ???????? Scott Russell Voter ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan September 11, 2007 Page 12 Minutes Southold Town Board Meeting 2007-728 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Salary Increase Jesse Marshall FIFD Captain RESOLVEDincreases the salary of that the Town Board of the Town of Southold hereby Ferry Captain Jesse Marshall, Fishers Island Ferry District, effective September 17, 2007 , at a rate of $24.08 per hour. This increase reflects a longevity and merit raise Vote Record - Resolution RES-2007-728 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ???????? William P. Edwards Seconder ? Adopted ???????? Daniel C. Ross Initiator ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? Louisa P. Evans Voter ?? Withdrawn ???????? Scott Russell Voter ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan 2007-729 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification - Reallocate Park & Playground RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: From: A.1620.2.500.350 Beach Improvements $3,500.00 To: A.1620.2.500.825 Cochran Park Improvements $3,500.00 Vote Record - Resolution RES-2007-729 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ???????? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Seconder ?? Tabled ???????? Louisa P. Evans Initiator ?? Withdrawn ???????? Scott Russell Voter ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan September 11, 2007 Page 13 Minutes Southold Town Board Meeting 2007-730 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Solid Waste Management District Trinity Contract Extension WHEREAS it has been determined that a one year extension to the Contract between Trinity Transportation Corp. and the Town of Southold for MSW Transport and Disposal Services, as contemplated in said Contract adopted by the Town Board on June 19, 2007, is in the economic and environmental interest of the Town of Southold, it is hereby RESOLVEDauthorizes and directs Supervisor that the Town Board of the Town of Southold Scott A. Russell to execute an Extension to the Town’s contract with Trinity Transportation Services, Inc. for the provision of MSW Transportation and Disposal Services for a period of one year (July 1, 2009 – June 30, 2010), subject to the review and approval of the Town Attorney. Vote Record - Resolution RES-2007-730 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ???????? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Initiator ?? Tabled ???????? Louisa P. Evans Seconder ?? Withdrawn ???????? Scott Russell Voter ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan 2007-731 CATEGORY: Budget Modification DEPARTMENT: Public Works McCabe’s Beach Parking Lot Improvements RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby Budget as follows: From: A.1620.2.500.350 Town Beach Parking Lot September 11, 2007 Page 14 Minutes Southold Town Board Meeting Beach Improvements $10,000 A.1620.2.500.350 Klipp Park Parking Lot Beach Improvements $ 3,500 A.1620.2.500.375 Klipp Park Dock/Pine Neck Road Boat Ramp Improvements $ 3,500 To: A.1620.2.500.350 McCabe’s Beach Parking Lot Beach Improvements $17,000 Vote Record - Resolution RES-2007-731 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ???????? William P. Edwards Seconder ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? Louisa P. Evans Voter ?? Withdrawn ???????? Scott Russell Voter ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan 2007-732 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification -- Highway Fund RESOLVEDmodifies the 2007 Highway that the Town Board of the Town of Southold hereby Fund Part Town budget as follows: To: DB.5140.2.200.300 Brush & Weeds/Miscellaneous Office Furniture $ 191.71 DB.5140.4.100.100 Brush & Weeds/Miscellaneous Office Supplies 425.00 DB.5140.4.100.700 Brush & Weeds/Miscellaneous Safety Gear 425.00 DB.5140.4.600.600 Brush & Weeds/Miscellaneous Dues & Subscriptions 191.70 DB.5142.4.100.920 Snow Removal Sand 314.00 From: DB.5140.2.200.200 Brush & Weeds/Miscellaneous File Cabinets $ 191.71 DB.5140.4.100.125 Brush & Weeds/Miscellaneous Miscellaneous Supplies 850.00 September 11, 2007 Page 15 Minutes Southold Town Board Meeting DB.5140.4.600.200 Brush & Weeds/Miscellaneous Meetings & Seminars 191.70 DB.5142.4.100.100 Snow Removal Miscellaneous Supplies 314.00 Vote Record - Resolution RES-2007-732 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ???????? William P. Edwards Initiator ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? Louisa P. Evans Voter ?? Withdrawn ???????? Scott Russell Voter ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan 2007-733 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk Grants Permission to James Richter to Attend Two Mandatory Seminars: (1) LWRP Grant Administration, on October 2, 2007 In Albany, New York and (2) Role of Consultants Sessions a & B, on October 24, 2007 In Albany, New York and John Cushman to Attend the October 2, 2007 Seminar. RESOLVED grants permission to that the Town Board of the Town of Southold hereby James Richter to attend two mandatory seminars: (1) LWRP Grant Administration, on October 2, 2007 in Albany, New York and (2) Role of Consultants Sessions A & B, on October 24, 2007 in Albany, New York and John Cushman to attend one seminar: (1) LWRP Grant Administration, on October 2, 2007 in Albany, New York Expenses for registration, travel and lodging (if necessary) to be reimbursed by EPF LWRP grant award. Vote Record - Resolution RES-2007-733 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ???????? William P. Edwards Seconder ? Adopted ???????? Daniel C. Ross Initiator ?? Adopted as Amended ???????? ??Thomas H. Wickham Voter Defeated ?? Tabled ???????? Louisa P. Evans Voter ?? Withdrawn ???????? Scott Russell Voter ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan September 11, 2007 Page 16 Minutes Southold Town Board Meeting 2007-734 CATEGORY: Property Acquisition Public Hearing DEPARTMENT: Land Preservation Moeller/Bittner Set Public Hearing, September 25, 2007 7:40 Pm RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of sets Tuesday, September 25, 2007, at 7:40 p.m., Southold Town Hall, 53095 Southold hereby 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 September 11, 2007 Page 17 Minutes Southold Town Board Meeting 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. Vote Record - Resolution RES-2007-734 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ???????? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Seconder ?? Tabled ???????? Louisa P. Evans Initiator ?? Withdrawn ???????? Scott Russell Voter ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan 2007-735 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District DSW Budget Mods 9/11/07 RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby Solid Waste District budget as follows: From: SR 8160.2.100.200 Equipment – Desks $ 500.00 SR 8160.4.100.550 Maint – Komatsu 2,000.00 SR 8160.4.100.552 Maint/Supply 3 yd loader 2,000.00 SR 8160.4.100.566 Maint/Cat Quarry Truck 2,500.00 SR 8160.4.100.600 Misc. Equip. Maint/Supplies 500.00 SR 8160.4.400.650 Repairs CAT IT12B 1,000.00 SR 8160.4.400.675 Repairs CAT 816 B 5,000.00 To: SR 8160.2.100.300 Equipment – Chairs $ 500.00 SR 8160.4.100.120 Employee Work Gear 500.00 SR 8160.4.100.525 Tires – Payloader/Truck 8,000.00 SR 8160.4.100.609 RCA Blend 4,500.00 September 11, 2007 Page 18 Minutes Southold Town Board Meeting Vote Record - Resolution RES-2007-735 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ???????? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Initiator ?? Tabled ???????? Louisa P. Evans Seconder ?? Withdrawn ???????? Scott Russell Voter ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan 2007-736 CATEGORY: Landfill Misc. DEPARTMENT: Solid Waste Management District Waste Mgmt. Conferences RESOLVED grants permission to Solid that the Town Board of the Town of Southold hereby Waste Coordinator Bunchuck to attend 1) The 2007 Fall Conference of the New York State Association for Solid Waste Management in Lake Placid, NY on September 23 – 25, 2007 AND 2) the Solid Waste Ass’n. of North America, New York Chapter’s Technical Session on Waste Facility Odor Control on November 7, 2007 in Albany, NY with all expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2007 Solid Waste Management District budget (meetings and seminars). Vote Record - Resolution RES-2007-736 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ???????? William P. Edwards Seconder ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? Louisa P. Evans Voter ?? Withdrawn ???????? Scott Russell Voter ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan 2007-737 CATEGORY: Attend Seminar DEPARTMENT: Building Department Attend Classes - Building Dept RESOLVED grants permission to Fire that the Town Board of the Town of Southold hereby Inspector Bob Fisher, Building Inspector George Gillen and Chief Building Inspector Michael Verity to attend a seminar on electrical inspections in Lindenhurst, New York, on September 11, 2007 Page 19 Minutes Southold Town Board Meeting September 19, 2007. All expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2007 Building Department budget (meetings and seminars). Vote Record - Resolution RES-2007-737 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ???????? William P. Edwards Initiator ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? Louisa P. Evans Voter ?? Withdrawn ???????? Scott Russell Voter ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan 2007-738 CATEGORY: Legal DEPARTMENT: Town Attorney Unsafe Building In Greenport WHEREAS , by Resolution No. 36 of 2004, the Town Board of the Town of Southold, after a public hearing, declared the structure located on the property of 495 Linnet Street, Greenport, an unsafe building pursuant to Chapter 90 (currently Chapter 100) of the Town Code of the Town of Southold; and WHEREAS , the Southold Town Board reopened the public hearing on September 11, 2007, and heard additional testimony from Director of Code Enforcement, Edward Forrester, and did review photographs and other documentary evidence admitted at the hearing; and WHEREAS , notice was sent via certified mail, return receipt requested, facsimile and phone contact informing the owner, the Estate of Mary Carter, c/o Darrilyn Riddick, Executrix, and the attorney for the Executrix, that the structure had been determined to be an unsafe building as defined in the Southold Town Code; and further informing all parties that a hearing would be continued before the Southold Town Board on September 11, 2007 at 9:00 a.m.; and WHEREAS , the structure located at 495 Linnet Street, Greenport, in a densely residential area, has fallen into further and severe disrepair, including dilapidation of the fence and the building, rodent infestation, and people trespassing in and around the structure creating an extremely September 11, 2007 Page 20 Minutes Southold Town Board Meeting hazardous condition, threatening the health, safety and welfare of the residents of the Town of Southold; and WHEREAS , the owner and/or Executrix have failed to maintain the structure and failed to appear for the public hearing held on January 6, 2004, or the continuation held on September 11, 2007; and it is therefore RESOLVED , that the Town Board of the Town of Southold hereby adopts the recommendation declares the structure located on the of the Director of Code Enforcement and hereby property of 495 Linnet Street, Greenport, to be an unsafe building pursuant to Chapter 100 of the Southold Town Code; and further directs that service of this Notice be made on the owner and Executrix of the premises, and in the event that complete rehabilitation or removal of the structure by the owner or Executrix has not occurred within thirty (30) days of service of this Notice, the Town directs demolition of the structure and removal of associated debris and the costs and expenses incurred assessed against the property of 495 Linnet Street, Greenport, in accordance with Chapter 100 of the Southold Town Code . Vote Record - Resolution RES-2007-738 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ???????? William P. Edwards Seconder ? Adopted ???????? Daniel C. Ross Initiator ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? Louisa P. Evans Voter ?? Withdrawn ???????? Scott Russell Voter ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan 2007-739 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney Set PH In Regard to Animals, October 9, 2007 4:40 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 11th day of September, 2007 a Local Law entitled relation to Amendments to the Town Code Relating to Animals” now, therefore, be it September 11, 2007 Page 21 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 th day of October, 2007 at 4:40 p.m. 9 at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Amendments to the Town The proposed Local Law entitled, Code Relating to Animals” reads as follows: LOCAL LAW NO. 2007 “A Local Law in relation to Amendments to the Town Code Relating A Local Law entitled, to Animals” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE – To update the regulations concerning the keeping of animals in the Town of Southold, and requiring that a property owner harboring peacocks be located on at least ten acres of property. II. CODE AMENDMENTS . Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-13. Use regulations. In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: C. Accessory uses, limited to the following uses and subject to the conditions listed in § 280-15 herein: (8) Housing for and harboring of horses, livestock including sheep and goats, and domestic animals other than household pets dogs and cats, provided that such housing shall not be constructed within 40 feet of any lot line. The housing or harboring of such animals shall be conducted for the use and enjoyment of the residents of the primary residence only. (a) Peacocks may be housed or harbored in the A-C zoning district only, on parcels no less than ten (10) acres in size. (b) Housing for flocks of more than 25 fowl shall not be constructed within 50 feet of any line. September 11, 2007 Page 22 Minutes Southold Town Board Meeting Chapter 83 of the Code of the Town of Southold is hereby amended as follows: Chapter 83, ANIMALS DEFINITIONS UNREASONABLE NOISE — Any excessive or unusually loud sound or any sound that either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities or which causes injury to animal life or damage to property or business, except the sound from agricultural operations. Standards to be considered in determining whether "unreasonable noise" exists in a given situation include, but are not limited to, the following: (1) The volume of the noise. (2) The intensity of the noise. (3) Whether the nature of the noise is usual or unusual. (4) Whether the origin of the noise is usual or unusual. (5) The volume and intensity of the background noise, if any. (6) The proximity of the noise to residential sleeping facilities. (7) The nature and zoning district of the areas within which the noise emanates. (8) The time of day or night the noise occurs. (9) The time duration of the noise. (10) Whether the sound source is temporary. (11) Whether the noise is continuous or impulsive. § 83-5. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-1973] A. Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. B. In addition to the above-provided penalties, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this article. § 83-13. Penalties for offenses. Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. September 11, 2007 Page 23 Minutes Southold Town Board Meeting ARTICLE IV. General Regulations for Keeping of Animals other than Dogs and Cats. §83-19. No manure shall be kept onsite, other than as permitted pursuant to §280-12. §83-20. The disposal of animal wastes shall be provided for in such a manner as to prevent any nuisance or sanitary problem. §83-21. No accessory building or structure or part thereof used for the housing of livestock or domestic animals, other than dogs or cats, shall be less than 40 feet from any lot line, per §280- 13. Housing for flocks of more than 25 fowl shall not be constructed within 50 feet of any lot line, per §280-13. §83-22. No person shall keep, raise, house or maintain any animal that shall constitute a nuisance or create a hazard to public health, or in any manner that shall annoy, injure, disturb, or endanger the comfort, repose, health, peace or safety of other persons or the public. §83-23. Noise No person shall keep, permit or maintain any animal, including a bird, under his control which frequently or for continued duration of at least fifteen (15) minutes makes sounds which create unreasonable noise across a residential real property boundary. §83-24 No person shall allow any animal including livestock and fowl, to run at large elsewhere than upon the premises of the owner or custodian unless said animal shall be on a leash or accompanied by a person at least 12 years of age, having adequate control of such animal, or unless it be upon the premises of another person with the knowledge and consent of such person. §83-25. Burial of animals. A. No burial of any animal in a front yard shall be permitted. B. No burial of any horses or livestock (including sheep and goats) on property less than five (5) acres, excluding property where the principal use is agricultural. Article VI Enforcement. §83-24. Penalties for offenses. A. Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding $500 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. B. In addition to the above-provided penalties, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this article. III. SEVERABILITY September 11, 2007 Page 24 Minutes Southold Town Board Meeting If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2007-739 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ???????? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Seconder ?? Tabled ???????? Louisa P. Evans Initiator ?? Withdrawn ???????? Scott Russell Voter ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan 2007-740 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney Set PH Aircraft 10/23 7:35 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law to County, New York, on the 11th day of September, 2007 a Local Law entitled Establish a Minimum Height for Operations of Aircraft Over Town Limits” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 23rd day of October, 2007 at 7:35 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law to Establish a Minimum Height for The proposed Local Law entitled, Operations of Aircraft Over Town Limits” reads as follows: September 11, 2007 Page 25 Minutes Southold Town Board Meeting LOCAL LAW NO. 2007 “A Local Law to Establish a Minimum Height for Operations of A Local Law entitled, Aircraft Over Town Limits” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I.Purpose. It is the purpose of this Chapter to preserve and promote the health, safety and general welfare of the inhabitants of the Town of Southold without prohibiting the safe passage of aircraft through and above the Town. This Chapter is designed to prevent the operation of aircraft passing through the air boundaries of the Town and which aircraft neither takes off or lands within the Town, from annoying inhabitants and from creating a public nuisance. The enactment of this Chapter is intended to have the effect of providing additional enforcement of the provisions of New York State’s General Business Law Article 14. The land area that comprises the Town of Southold is a congested area and the operation of helicopters below the legal limit set forth in Section 245(2)(b) of the General Municipal Law are presumed to be a hazard to persons and property on the surface and constitute careless and reckless operation and this Chapter is intended to prohibit such operation. II. A new Chapter 80 of the Code of the Town of Southold is hereby adopted as follows: §80-1 Careless and Reckless Operation. It shall be unlawful to operate or for the owner to permit the operation of any type of aircraft in a careless or reckless manner so as to endanger the life or property of others. §80-2. Minimum Safe Altitudes. It shall be unlawful to operate or for the owner to permit the operation of any type of aircraft over the legal limits of the Town of Southold, which is a congested area as that term is used in New York State’s General Business Law Article 14, below an altitude of one thousand feet above the highest obstacle within a horizontal radius of two thousand feet from the aircraft. The operation of aircraft below this minimum altitude is presumed to be hazardous to persons and property on the surface. §80-3. Exceptions. This Chapter shall not apply to: (a) aircraft used exclusively in the governmental service of the United States, or exclusively in the service of the National Guard of New York State; (b) aircraft that has taken off or landed within the Town of Southold between such time as it has passed into the airspace above the Town of Southold and out of the airspace above the Town of Southold; and (c) aircraft being used exclusively for agricultural operations. September 11, 2007 Page 26 Minutes Southold Town Board Meeting §80-4. Penalties. A person who violates the foregoing provisions shall be guilty of a misdemeanor and punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than ninety days, or both. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2007-740 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ???????? William P. Edwards Seconder ? Adopted ???????? Daniel C. Ross Initiator ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? Louisa P. Evans Voter ?? Withdrawn ???????? Scott Russell Voter ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan 2007-741 CATEGORY: Legal DEPARTMENT: Public Works Goldsmith Inlet Dredging RESOLVEDauthorizes and directs Jim that the Town Board of the Town of Southold hereby McMahon and James Richter to submit permit applications to the NYS DEC, Army Corps of Engineers and NYS DOS for dredging of Goldsmith Inlet, in 2008. Vote Record - Resolution RES-2007-741 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ???????? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Initiator ?? Tabled ???????? Louisa P. Evans Seconder ?? Withdrawn ???????? Scott Russell Voter ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan September 11, 2007 Page 27 Minutes Southold Town Board Meeting 2007-742 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Dental Plan FIFD WHEREAS the dental insurance package known as “Principal Dental”, accepted by the Fishers Island Ferry District in 2004, will qualify as a “Cafeteria Plan” under section 125 of the Internal Revenue Code of 1986, allowing the employee contributions to be deducted on a pre-tax basis, as of January 1, 2007, therefor be it RESOLVEDauthorizes acceptance of that the Town Board of the Town of Southold hereby this plan. Vote Record - Resolution RES-2007-742 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ???????? William P. Edwards Seconder ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? Louisa P. Evans Voter ?? Withdrawn ???????? Scott Russell Voter ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan 2007-743 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Health Insurance FIFD RESOLVED that the Town Board of the Town of Southold hereby accepts the health insurance package “BlueCare POS 20, offered by Anthem to the Fishers Island Ferry District employees, both active and retired, effective August 1, 2007, and be it further RESOLVED that due to the ever increasing rise in premiums, employees, both active and retired, will be required to contribute 10% of their premium. The new plan will qualify as a “Cafeteria Plan” under section 125 of the Internal Revenue Code of 1986, allowing the contributions to be deducted on a pre-tax basis. September 11, 2007 Page 28 Minutes Southold Town Board Meeting Vote Record - Resolution RES-2007-743 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Seconder ???????? William P. Edwards Initiator ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? Louisa P. Evans Voter ?? Withdrawn ???????? Scott Russell Voter ???????? Elizabeth A. Neville ???????? Patricia A. Finnegan VI. Public Hearings 1. Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board Recessed in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell 2. Motion To: BCI Comm Motion to recess hearing COMMENTS - Current Meeting: NOTICE IS HEREBY GIVEN THAT COUNCILMAN WICKHAM: the Town Board of the will hold a public hearing at 4:35 p.m. on September 11, 2007, at Town of Southold Southold Town Hall, 53095 Main Road, Southold, New York 11971, concerning the application of BCI Communications, Inc ., as agent for Nextel of New York Inc., for a waiver of the “Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold,” and the Town Clerk is hereby directed to refer the application to the Planning Board for comment. This is the announcement of the public hearing, I have before me several communications. One of them is from a Laurence Dell’Erba, who represents the company. “I hereby submit an application for a waiver of the moratorium for wireless communication facilities in the Town for BCI Communications, Inc for a facility at 21855 Route 48 in Cutchogue.” There follows a series, they made their payment of the $250 fee for the moratorium waiver to be considered. There follows a series of communications between the applicant and the town moving forward this application and for this hearing for this waiver, including an application for building permit, which was turned down by the Building Department because it requires the waiver. I have an extensive series of plans from the company or from the consultant to the company which outlines the location which is in Cutchogue just south of our transfer station and just south of the Cox’s September 11, 2007 Page 29 Minutes Southold Town Board Meeting Lane industrial site there. I am given to understand but I don’t see it in the public record, but I am given to understand that the only change that they are asking for is to remove some of the electronic aerial components high up on that tower to take them down and replace them with other, newer, different ones. That the tower would be essentially unchanged and the other facilities would be unchanged but candidly, I don’t see any reference to that in the file. This has appeared as a legal on the Town Clerk’s bulletin board outside and it has appeared as a legal in the local newspapers. SUPERVISOR RUSSELL: Okay. Would anybody like to come up and address the Town Board on the issue of the cell tower? LARRY DELL’ERBA: I am Larry Dell’Erba, I represent BCI Communications as an agent to Nextel. What we are doing here is what they call equipment maintenance. It is a little extensive but we are just updating a little bit and replacing the 12 antennas up there with something that is a little more efficient and will help coverage and capacity. We are also adding one equipment cabinet, almost like a two, three drawer cabinet in size and putting it in the existing Nextel shelter, so we are not expanding, we are not putting any more cement pads down. We are just swapping one for one. SUPERVISOR RUSSELL: We just received information today, it is the policy of the Town to give it to the Planning Board to review and they have about 10 days to respond to us. They haven’t had that opportunity. I think the only thing we can do today is hold the public hearing open so that we can wait for the Planning Board to review the information you submitted and then make a recommendation to us. MR. DELL’ERBA: Okay. I just found out half way back here about the Planning Board issue. So, alright fine. But they asked me still come and explain. If you had any questions, I would be happy to answer them. SUPERVISOR RUSSELL: Okay. COUNCILMAN WICKHAM: Will this result in an additional height? MR. DELL’ERBA: No. No. The tower, I am not sure if it is a lattice tower or mono-pole has 12 antennas on it. There are three sections, there are four antennas a sector. And all we are going to do is change the antennas, maybe run a couple extra lines. Replace some of the old lines and then hook it up to this cabinet that is going in the existing, so once it is all said and done, you won’t see the difference. You won’t even notice the difference. SUPERVISOR RUSSELL: Any chance we can talk you into going 1,000 feet to enforce our new helicopter code? Alright. We are going to hold the hearing open. Can I get a motion to go back into regular session? RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman September 11, 2007 Page 30 Minutes Southold Town Board Meeting AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell VII. Closing Statements SUPERVISOR RUSSELL: That completes the agenda. Would anybody like to come up to the Town Board and address any issue of a mutual interest? Mr. Baiz. CHRIS BAIZ: Chris Baiz, resident Village of Southold and Democratic candidate for Supervisor. Ladies and gentlemen, last Thursday’s Suffolk Times, the Supervisor took the opportunity to make some comments which disturbed me. Not because they are personal attacks on me but because the people of Southold Town are entitled to an intelligent discussion of the serious issues before us as taxpayers. The Supervisor certainly performed a disservice to all our town residents by engaging in a personal attack as opposed to engaging in the issues that were presented in the previous edition of the paper. Whether these issues are agricultural issues or any other issue facing the Town or the severe tax burdens of all of us in this town as we face them together. I have no other comment other than that. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board? Mrs. Egan? MS. EGAN: Joan Egan, East Marion. Did anybody have the opportunity to see the beautiful flag in front of the Southold Fire Department? That was really inspirational for me when I came up here this morning. I thought it was absolutely lovely. Would it be possible to deputize retired police officers, other the people who are retired from the Town to number one, be code enforcers? Rather than hire them on a full-time basis. I think we have to do something and I would like to see that done. I don’t know whether many of you were here a week ago Friday at court. You had quite a serious incident at the court room out here and you had quite a few units here, which again we need to conclude that you need another police officer here in court. Another court officer. This could have been a lot worse than it was but it certainly was a very serious incident. Now, we spend a lot of money in this Town and we have a lot of good things, I don’t know whether many of you take the opportunity to review what our historian does and the beautiful things we have restored here that didn’t get ruined in the basement. I did a little small homework myself, today and called Mrs. Finnegan’s office and called Mrs. Neville’s office. Unable to make contact with your office Mr. Russell, I did check it with other people and it would appear since we are a big town now, that it might be a good idea a small purchase be made of a Emily Post or Gloria Vanderbilt Good Manners book. And for certain people, here in town could make themselves, one could be in your office, Mrs. Finnegan’s office and certainly Mrs. Neville’s. And certain people might want to avail themselves of reading those before they hurt other people. Thank you. SUPERVISOR RUSSELL: Thank you, Mrs. Egan. If you have had a personnel issue, you should come to see me directly about it and I will address it with you and for you. MS. EGAN: It was not, so to speak, a town employee. (Inaudible) SUPERVISOR RUSSELL: Okay. Would anybody like to come up and address the Town Board September 11, 2007 Page 31 Minutes Southold Town Board Meeting on any issue? (No response) As a point of introduction, if you don’t recognize her, our new director of Planning is in the audience tonight. Heather, I think I will embarrass you by announcing you. Heather Lanza, our new director of Planning. It has been only about eight days now but she has been right on top of everything. With that said, can I get a motion to adjourn? Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:09 P.M. * * * * * Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Daniel C. Ross, Councilman SECONDER: William P. Edwards, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell