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HomeMy WebLinkAboutTB-10/23/2007 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 October 23, 2007 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, October 23, 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. Budget September 2007 2. Claim Lag - Island Group 10/1/06 to 9/30/07 3. Board of Trustees September 2007 4. Justice Evans September 2007 5. Justice Price September 2007 6. Program for the Disabled September 2007 7. Justice Bruer September 2007 October 23, 2007 Page 2 Minutes Southold Town Board Meeting 8. Recreation Department September 2007 9. Board of Trustees September 2007 II. Public Notices 1. NYS Liquor Licenses Liquor License Renewal - G & E Seafood Barge Inc., 62980 Main Rd., Southold 2. N Y S D E C Proposed aquaculture activity involving the culture of shellfish on less than a 5 acre parcel of state underwater land in Long Island Sound, approximately 0.5 miles west Terry Point. III. Communications IV. Discussion 1. 9:30 AM - Heather Lanza Planning Department Staffing 2. Peconic Transfer Station Application 3. Conservation Advisory Council Vacancy 4. BCI Communications Waiver Request per Town Attorney 5. Cutchogue Fire Department New Facility SEQR 6. Long Island Homeowners Insurance Crisis Update 7. 1:30 P.M. - Greenport HALO Map Mark Terry 8. 11:30 AM - Executive Session Valerie Scopaz, Tim Caufield, Stephen Searl Potential Land Acquisition 9. 12:30 PM - Executive Session October 23, 2007 Page 3 Minutes Southold Town Board Meeting Jim Dinizio Personnel 10. Executive Session - Town Attorney Litigation 11. Executive Session Contract Negotiations 12. Executive Session Confidential Employees’ Salaries - per Councilman Wickham 13. Executive Session Contract 14. 10:30 A.M. - Jim Bunchuck Proposal to reduce commercial tipping fees 15. Chapter 275 Possible New Public Hearing Date 16. Executive Session Personnel - per J Cushman Call to Order 7:30 PM Meeting called to order on October 23, 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 Town Attorney Present Pledge of Allegiance Opening Statements Supervisor Russell SUPERVISOR RUSSELL: I think if everybody is ready, we are going to stand and join with me October 23, 2007 Page 4 Minutes Southold Town Board Meeting in the Pledge of Allegiance to the Flag. Okay, I know there are a couple of issues that are driving people to the Town Board tonight. There will be a public hearing for the helicopter issue. You will have the opportunity to address that when we go into the public hearing for that. Barring that issue, is there any other issue that people would like to come up and address the Town Board on as it appears on the agenda? Mrs. Egan. Joan Egan, East Marion JOAN EGAN: Good evening, Joan Egan from East Marion. Happy harvest to everybody. You all read your justice reports? Mrs. Evans? Yeah. I am hoping that somebody else did. Getting worse every Friday here in court. Some of you ought to come, it is worse than the movies. Now on item 800, why would that meeting be at 7:00 rather than 4:00? The next Town Hall meeting. JUSTICE EVANS: Because it is election day, the day before. MS. EGAN: Hmm? Speak up. JUSTICE EVANS: The Tuesday is election day. MS. EGAN: Yeah but why will it be at 7:00? JUSTICE EVANS: I think we have budget hearings that same day. MS. EGAN: Hmm? JUSTICE EVANS: We have a budget hearing that same day, earlier. SUPERVISOR RUSSELL: We moved it from 4:30 to 7:00 because we have the budget hearing to adopt the budget. MS. EGAN: Well, I think you should reschedule that because it is easier for a lot of people to get here at 4:00. Okay, now on item 801, are they going to this, you know, have that gal in charge of the Planning Department who makes really big, big bucks, and they haven’t done a very good job that is for sure. So why are these people going on a traveling expense? SUPERVISOR RUSSELL: It is a one day seminar, it is a commuter trip. They are actually taking my car, I offered it to them, since there are five of them going. Two of them will not be going. Two of the people who are mentioned here have actually submitted resignations to the Town, they are moving on to greener pastures, so I think you will see that list actually shortened by the time the trip is here. So it is a one day trip into Central Islip. It obviously is not a junket. And it is for training and for planning issues. MS. EGAN: I don’t know. I keep saying some of these things can be done by telephone and what have you. More money going out. Now we have any number of different things for the police department and the only one that I will probably address further on is for the juvenile aid bureau. The others, we do need more policemen, we do need good vehicles, and I think Chief Cochran has instituted a pretty good plan, that they take better care of the vehicles that they are October 23, 2007 Page 5 Minutes Southold Town Board Meeting given and if they have a problem, there is always the last car there that is not quite so good. So you take care of your vehicles or you get the cheaper one, whatever. Now, on item 806 are we adding someone or replacing someone? SUPERVISOR RUSSELL: That is appointing someone to the vacant position in the Town Clerk’s office. That was Francesca’s position. Remember she, Francesca left? That is her vacant position. MS. EGAN: Well, we seem to have turnover there, too. What is number 809? SUPERVISOR RUSSELL: That is taking money out of contingencies to cover an outstanding legal bill. MS. EGAN: What legal bill? SUPERVISOR RUSSELL: I can’t speak to that. Kieran? ASSISTANT TOWN ATTORNEY CORCORAN: That is an employee grievance settlement. SUPERVISOR RUSSELL: Grievance of an employee. MS. EGAN: What does that mean? SUPERVISOR RUSSELL: It means an employee grieved based on the contract and it was settled, with the employee. MS. EGAN: Oh. So they got money? SUPERVISOR RUSSELL: Not necessarily. I don’t know how it was settled. ASSISTANT TOWN ATTORNEY CORCORAN: For a reimbursement of an employee’s legal expenses in connection… MS. EGAN: Oh, they had legal expenses and they won the case, so you have to pay their legal expenses. Is that kind of the bottom line? ASSISTANT TOWN ATTORNEY CORCORAN: Not exactly. They were party to a case and they incurred legal expenses in the course of their duty for the Town and the Town reached a compromise with them on the reimbursement of their expenses. MS. EGAN: So somebody didn’t do their job properly and it is costing us money. Now there isn’t an awful lot about, on item 810, there isn’t an awful lot about the Highway Department and that is why I have that little truck up there because our roads are a mess. Partially because the water comes up and they have to patch it and it comes up again and these construction vehicles are so big and so heavy and there is very little we can do about it because it, people have to build October 23, 2007 Page 6 Minutes Southold Town Board Meeting houses, replace houses and all of that. So there is nothing I guess that we can do about it and we had just better take of the equipment. Here is another one for the Police Department, on 811. Oh, now this is a point I thought about. On the, on 813, the Human Resource Center, because of the turnover of bus drivers, do you think maybe if we paid them more and gave them benefits they might stay longer? SUPERVISOR RUSSELL: That is exactly what the problem is and we are addressing that now with the collective bargaining unit of the union. To pay a higher salary. That particular position requires a commercial drivers license, a CDL, and at that salary it is very hard to keep people and that is the essence of the problem. MS. EGAN: Yeah. Now, they, are they union people? SUPERVISOR RUSSELL: They will be when they get employed, yes. They become part of the union and it is a civil service position. MS. EGAN: So then they get benefits? SUPERVISOR RUSSELL: After a certain period of time, yeah. MS. EGAN: Oh, okay. Oh, item 815, why are we waiving that liquor license? SUPERVISOR RUSSELL: We are not waiving the liquor license. They are required to notify us when they go for their renewal, we are waiving the 30 notice of renewal. They probably submitted it late. It is an established business. We see no reason not to allow them their renewal. MS. EGAN: I don’t think we should do that, they didn’t do their homework right. SUPERVISOR RUSSELL: It wouldn’t matter, we don’t have the, they notify us as a matter of policy. We have no jurisdiction over liquor authority issues. MS. EGAN: Oh, now, on item 816, you have to return money to someone? Yeah, a $500 Planning Board application fee to Lloyd somebody or other. Right? SUPERVISOR RUSSELL: Yes. MS. EGAN: Do they get interest on that $500? SUPERVISOR RUSSELL: Not yet. MS. EGAN: Why not? SUPERVISOR RUSSELL: Not a policy of the Town. October 23, 2007 Page 7 Minutes Southold Town Board Meeting MS. EGAN: Naughty, naughty. Item 17, this is a lot of money going there and I think that is money well spent and as I have said on many Town Hall meetings, if you have problems or see problems with young children or young people, it is all in the back of your telephone book. You call the Child Protection Services. And they are good. I know I have saved two children’s lives by getting in touch with them. Oh, god. I don’t think we had better go into 819 right now, huh? Air field, Fishers Island. Okay, number 820, you have another turnover there. Somebody isn’t doing their job. SUPERVISOR RUSSELL: These are part-time positions. It is very difficult to keep people in part-time positions, particularly since they are not paid very well. MS. EGAN: Now, oh, on item 821, authorize the Supervisor Scott Russell and or Chief Cochran to execute an agreement to provide joint services to form a Marine Enforcement Task Force. And that would cover East Hampton, Shelter Island, will they be participating in any of the monies for that? SUPERVISOR RUSSELL: Yeah, everybody contributes their share. This is a shared services agreement essentially with other municipalities, to help partner in marine law and enforcement. MS. EGAN: Yeah, well now 823, you are going to have a big talk on that, I am not going to get into it. Oh, on 825, you have a hearing on the new budget. When will the public be able to review that budget before the meeting? COUNCILMAN WICKHAM: We will be setting a public hearing with this, at that meeting on Thursday. MS. EGAN: And we won’t have any opportunity, is your head falling off, Mr. Wickham? COUNCILMAN WICKHAM: And at that time the public will have the opportunity to express their views about the proposed budget. At the meeting on Thursday, we will be setting the date and the time for a public hearing on the proposed budget. MS. EGAN: Oh, okay. Oh, item 828, that is the, is that in relationship to the new firehouse for Cutchogue? SUPERVISOR RUSSELL: Yes, it is. They had requested public water. That means we need to amend the water map, to make water available to that site. In order to do that, we need to do a SEQRA review of that parcel. We just engaged the services of this gentleman to do that. MS. EGAN: Now, the Cutchogue fire department, do they cover New Suffolk and that place. SUPERVISOR RUSSELL: Yes, they do. MS. EGAN: Well, let me tell you, dear, if you allow that Heritage to get too big, you are going to have a bigger fire department. You had better be careful about giving these permission to do these things. Well, the rest of it I am not going to get into, but you sure do need a new code October 23, 2007 Page 8 Minutes Southold Town Board Meeting enforcer. At least one or two more. Thank you very much. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on any item as it appears on the agenda? (No response) Hearing none, let’s get to work. Minutes Approval RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, September 25, 2007 Vote Record - Acceptance of Minutes for September 25, 2007 7:30 PM ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ???????? William P. Edwards Voter ? Accepted ?????????? Accepted as Amended Daniel C. Ross Voter ?? Tabled ???????? Thomas H. Wickham Seconder ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter V. Resolutions 2007-799 CATEGORY: Audit DEPARTMENT: Town Clerk Audit 10/23/07 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby October 23, 2007. Vote Record - Resolution RES-2007-799 ? 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 2007-800 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Meeting 11/7/07 7:00 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Wednesday, November 7, 2007 at the Southold Town Hall, Southold, New York at 7:00 P. M.. October 23, 2007 Page 9 Minutes Southold Town Board Meeting Vote Record - Resolution RES-2007-800 ? 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 2007-801 CATEGORY: Attend Seminar DEPARTMENT: Planning Board Grant Permission to Ken Edwards, Heather Lanza, Bruno Semon, Martin Sidor, Amy Thiel, and Anthony Trezza to Attend a Seminar on Planning Board Fundamentals In Central Islip on October 25, 2007 RESOLVEDgrants permission to Ken that the Town Board of the Town of Southold hereby Edwards, Heather Lanza, Bruno Semon, Martin Sidor, Amy Thiel, and Anthony Trezza to attend a seminar on Planning Board Fundamentals in Central Islip on October 25, 2007 . All expenses for registration and travel to be a legal charge to the 2007 Planning Budget (Meetings and Seminars). Vote Record - Resolution RES-2007-801 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Initiator ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Seconder ?? Tabled ???????? Thomas H. Wickham Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2007-802 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Oysterponds Union Free School District to Hold Its Annual Halloween Parade on Wednesday, October 31, 2007 At 2:00 P.M. RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Oysterponds Union Free School District to hold its Annual Halloween Parade on Wednesday, October 31, 2007 at 2:00 P.M. beginning at the Oysterponds Elementary School to Village Lane to Orchard Street to Tabor Road and back to the school, 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 Captain Martin Flatley upon approval of this resolution to October 23, 2007 Page 10 Minutes Southold Town Board Meeting coordinate traffic control. Vote Record - Resolution RES-2007-802 ? 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 2007-803 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Cutchogue Fire Department to To Hold Its Annual Halloween Parade on Wednesday, October 31, 2007 At 6:00 P.M RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Cutchogue Fire Department to use the following roads for its Annual Halloween Parade on Wednesday, October 31, 2007 at 6:00 P.M : Depot Lane, Main Road, and New Suffolk Road, Cutchogue, 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 Captain Martin Flatley upon approval of this resolution to coordinate traffic control. Vote Record - Resolution RES-2007-803 ? 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 2007-804 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police RESOLVEDmodifies the 2007 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: October 23, 2007 Page 11 Minutes Southold Town Board Meeting A.3120.2.300.100 Automobiles $5,616.41 To: A.3120.4.100.500 Motor Vehicle Tires $3,842.36 A.3120.4.100.700 Prisoner Food $1,774.05 Vote Record - Resolution RES-2007-804 ? 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 2007-805 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police RESOLVEDmodifies the 2007 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.3120.2.500.775 In Car Video/Computer/Rad $1,300.00 To: A.3120.2.500.850 Traffic Cones/Barricades $1,300.00 Vote Record - Resolution RES-2007-805 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. Voter ? Adopted ???????? William P. Edwards Voter ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross Seconder ?? Tabled ???????? Thomas H. Wickham Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Scott Russell Voter 2007-806 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Carol A. Hydell to Account Clerk Town Clerk RESOLVEDappoints Carol A. Hydell that the Town Board of the Town of Southold hereby October 23, 2007 Page 12 Minutes Southold Town Board Meeting to the position of an Account Clerk for the Town Clerk, effective November 1, 2007, at a rate of $35,226.39 per annum. Vote Record - Resolution RES-2007-806 ? 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 2007-807 CATEGORY: Employment - FIFD DEPARTMENT: Accounting FIFD Mark Easter Title Change RESOLVEDappoints Mark Easter to that the Town Board of the Town of Southold hereby the position of Assistant Manager of Operations Fishers Island Ferry District for the , effective October 11, 2007, at a rate of $104,500.00 per year. Vote Record - Resolution RES-2007-807 ? 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 2007-808 CATEGORY: Budget Modification DEPARTMENT: Data Processing RPS Maintenance RESOLVEDmodifies the 2007 Data that the Town Board of the Town of Southold hereby Processing budget as follows: From: A.1680.4.400.560 GIS Maintenance $1500.00 To: A.1680.4.400.554 RPS Maintenance $1500.00 October 23, 2007 Page 13 Minutes Southold Town Board Meeting Vote Record - Resolution RES-2007-808 ? 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 2007-809 CATEGORY: Budget Modification DEPARTMENT: Town Attorney Budget Modification RESOLVEDmodifies the 2007 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.1990.4.100.100 Contingencies $1,750.00 To: A.1420.4.500.200 Town Attorney, Legal Settlement $1,750.00 Vote Record - Resolution RES-2007-809 ? 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 2007-810 CATEGORY: Public Service DEPARTMENT: Town Clerk Authorize the Acceptance of Residential Leaves and Brush At the Southold Town Compost Facility, Free of Charge, for Four (4) Weeks In Connection with the Fall Cleanup for the Year 2007 Starting Saturday, November 10, 2007, Through Sunday, December 9, 2007 RESOLVEDauthorizes that the Town Board of the Town of Southold hereby the acceptance of residential leaves and brush at the Southold Town Compost facility, free of charge, for four (4) weeks in connection with the October 23, 2007 Page 14 Minutes Southold Town Board Meeting Fall Cleanup for the year 2007 starting Saturday, November 10, 2007, through Sunday, December 9, 2007 ; and be it FURTHERRESOLVED that the Town Board hereby extends the waiver of such fees to commercial entities carrying leaves and brush from residential properties (within the Town only) during that period; and be it FURTHERRESOLVEDFall Cleanup will that the Highway Department commence on Monday, November 19, in LAUREL and end at ORIENT POINT; and be it FURTHER RESOLVED Fishers Island Fall Cleanup will also that the commence on Monday, November 19, 2007. Vote Record - Resolution RES-2007-810 ? 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 2007-811 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police RESOLVEDmodifies the 2007 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: TO: A.3130.4.100.200 Gasoline & Oil $5,000.00 FROM: 1990.4.100.100 Contingency $5,000.00 Vote Record - Resolution RES-2007-811 ? 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 October 23, 2007 Page 15 Minutes Southold Town Board Meeting 2007-812 CATEGORY: Budget DEPARTMENT: Accounting Transfer Animal Shelter Donations to Capital Fund RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the to transfer the Animal Shelter donations and accumulated interest Town Comptroller earnings on said donations from the Trust and Agency Fund to the Capital Fund for the construction of the Animal Shelter and to apply any interest amounts that are in addition to the interest amount already appropriated to reduce the borrowing for the construction of said Animal Shelter when it comes due on September 5, 2008. Vote Record - Resolution RES-2007-812 ? 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 2007-813 CATEGORY: Employment - Town DEPARTMENT: Human Resource Center Hiring PT Mini Bus Driver RESOLVEDappoints Patricia Sullivan that the Town Board of the Town of Southold hereby to the position of part time Mini Bus Driver for the Human Resource Center , effective October 24,2007, at a rate of $12.11 per hour. Vote Record - Resolution RES-2007-813 ? 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 2007-814 CATEGORY: Retirement/Resignation October 23, 2007 Page 16 Minutes Southold Town Board Meeting DEPARTMENT: Town Clerk Accept, with Regret, the Resignation of Anthony Trezza, From the Position of Sr. Planner, In the Planning Department RESOLVEDaccepts, with regret, the that the Town Board of the Town of Southold hereby resignation of Anthony Trezza, from the position of Sr. Planner, in the Planning Department , effective as of the close of the work day on November 21, 2007. Vote Record - Resolution RES-2007-814 ? 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 2007-815 CATEGORY: Public Service DEPARTMENT: Town Clerk Waive the 30 Day Notification for the Renewal of a Liquor License to G & E Seafood Barge, Inc., RESOLVEDwaives the 30 Day that the Town Board of the Town of Southold hereby notification for the renewal of a liquor license to G & E Seafood Barge, Inc. , 62980 Main Road, Southold, New York. Vote Record - Resolution RES-2007-815 ? 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 2007-816 CATEGORY: Refund DEPARTMENT: Town Clerk PB Refund to Lloyd Kanev Subdivision October 23, 2007 Page 17 Minutes Southold Town Board Meeting RESOLVED authorizes a refund of $500 that the Town Board of the Town of Southold hereby Planning Board application fee to the Lloyd Kanev Subdivision , SCTM 1000-21-1-30.1, as recommended by the Planning Department, due to an overpayment of final application fees Vote Record - Resolution RES-2007-816 ? 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 2007-817 CATEGORY: Grants DEPARTMENT: Community Development 2008 JAB Grant RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to sign the 2008 Individual Program Application(s) for the Southold Juvenile Aid Bureau, in the amount of $30,788 and the Southold Youth Bureau Program, in the amount of $17,500, funded in part by the NYS Office of Children and Family Services, all in accordance with Town Attorney approval. Vote Record - Resolution RES-2007-817 ? 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 2007-818 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute Agreement #C-006793 Between the Town of Southold and New York State Department of State RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute Agreement #C-006793 between the Town of Southold and New York State Department of State , in connection with the planning, design October 23, 2007 Page 18 Minutes Southold Town Board Meeting and construction for 11 stormwater management projects, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2007-818 ? 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 2007-819 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Contract Documents for the Construction of Airfield Lighting for Elizabeth Field Airport, Fishers Island RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Contract documents for the construction of Airfield Lighting for Elizabeth Field Airport, Fishers Island , in connection with FAA AIP Project Nos. 3-36-0029-13-06 (D) and 3-36-0029-14-07 (C), subject to the approval of the Town Attorney. Vote Record - Resolution RES-2007-819 ? 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 2007-820 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Records Management Part-Time Clerk Typist RESOLVEDappoints Ellen Siliris to the that the Town Board of the Town of Southold hereby position of a Part-Time Clerk Typist for the Records Management Department in the Town Clerk’s Office, effective October 25, 2007, at a rate of $11.84 per hour, not to exceed 17 ½ hours per week. October 23, 2007 Page 19 Minutes Southold Town Board Meeting Vote Record - Resolution RES-2007-820 ? 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 2007-821 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes Supervisor Scott A. Russell And/Or Chief of Police Carlisle Cochran to Execute an Agreement to Provide Joint Services to Form a Marine Law Enforcement Task Force In the Peconic Estuary RESOLVEDauthorizes Supervisor , that the Town Board of the Town of Southold hereby Scott A. Russell and/or Chief of Police Carlisle Cochran to execute an Agreement to provide joint services to form a Marine Law Enforcement Task Force in the Peconic Estuary and the Townships of East Hampton, Shelter Island, Southampton, Southold and Riverhead. Vote Record - Resolution RES-2007-821 ? 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 2007-822 CATEGORY: Budget Modification DEPARTMENT: Trustees Budget Modification - Trustees RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Whole Town 2007 budget as follows: TO: A.8090.2.200.400 Pump-Out Boat Equipment $1,500.00 October 23, 2007 Page 20 Minutes Southold Town Board Meeting FROM: A.8090.4.100.550 Waterway Markers & Equipment $1,500.00 Vote Record - Resolution RES-2007-822 ? 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 2007-823 CATEGORY: Seqra DEPARTMENT: Town Attorney LL/Aircraft Over Limits SEQRA RESOLVED“A that the Town Board of the Town of Southold hereby finds that the proposed Local Law to Establish a Minimum Height for Operations of Aircraft Over Town Limits” is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated October 22, 2007, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith. Vote Record - Resolution RES-2007-823 ? 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 2007-824 CATEGORY: Seqra DEPARTMENT: Town Attorney LL/F.I. Sewer District Rent Type II RESOLVEDfinds that the adoption of that the Town Board of the Town of Southold hereby the local law entitled “A Local Law in relation to Fishers Island Sewer District Rent” is classified as a Type II Action pursuant to SEQRA Rules and Regulations , 6 NYCRR Section October 23, 2007 Page 21 Minutes Southold Town Board Meeting 617.5, is not subject to review under SEQRA, and is consist with the policy standards set forth in Chapter 268 of the Town Code of the Town of Southold, entitled Waterfront Consistency Review. Vote Record - Resolution RES-2007-824 ? 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 Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter 2007-825 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Special Meeting for Budget 2008 RESOLVED that a Special Town Board Meeting of the Southold Town Board be held, Thursday, October 25, 2007, at the Southold Town Hall, Southold, New York at 11:30 A. M., for the purpose of setting the Public Hearings for the 2008 Budget. Vote Record - Resolution RES-2007-825 ? 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 2007-826 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Clerk Transfer Station PH 12/4 7:40 PM RESOLVEDsets Tuesday, December 4, that the Town Board of the Town of Southold hereby 2007, at 7:40 p.m. at the Southold Town Hall, 53095 Main Road, Southold, New York as the time and place to hold a public hearing on the application of Peconic Recycling and Transfer for operation of a Transfer Station , pursuant to Chapter 233, Solid Waste of the Code of the Town of Southold. October 23, 2007 Page 22 Minutes Southold Town Board Meeting Vote Record - Resolution RES-2007-826 ? 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 2007-827 CATEGORY: Employment - Town DEPARTMENT: Accounting Employees Title Change RESOLVEDchanges the Civil Service that the Town Board of the Town of Southold hereby titles for the following Highway Department employees from Diesel Mechanic to Auto Mechanic III, effective October 23, 2007: Terry Pace George Rohrbach Randy Wells Vote Record - Resolution RES-2007-827 ? 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 2007-828 CATEGORY: Seqra DEPARTMENT: Town Attorney Cutchogue Fire District SEQRA Review RESOLVEDretains Nelson, Pope & that the Town Board of the Town of Southold hereby Voorhis, LLC to provide environmental consulting services regarding SEQRA compliance for the water main connection regarding the Cutchogue Fire District’s Cox Lane parcel, SCTM #1000-84-4-3 , pursuant to their Proposal dated October 18, 2007, in an amount not to exceed $1,000.00, subject to the approval of the Town Attorney. October 23, 2007 Page 23 Minutes Southold Town Board Meeting Vote Record - Resolution RES-2007-828 ? 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 2007-829 CATEGORY: Committee Appointment DEPARTMENT: Town Attorney CAC Appointment RESOLVEDappoints Glen McNab as a that the Town Board of the Town of Southold hereby member of the Southold Town Conservation Advisory Council effective immediately through March 31, 2009 to fill an existing vacancy. Vote Record - Resolution RES-2007-829 ? 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 2007-830 CATEGORY: Landfill Misc. DEPARTMENT: Town Clerk Reduce Tipping Fees RESOLVEDreduces the tip fee on that the Town Board of the Town of Southold hereby Commercial waste to $95.00 per ton from the $130.00 per ton currently being charged at the Southold Town Transfer Station, effective January 1, 2008. Vote Record - Resolution RES-2007-830 ? 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 October 23, 2007 Page 24 Minutes Southold Town Board Meeting 2007-831 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Accept Amy Theil Resignation RESOLVEDaccepts, with regret, the that the Town Board of the Town of Southold hereby resignation of Amy Theil, from her position as Senior Planner in the Southold Town Planning Department, effective December 1, 2007. Vote Record - Resolution RES-2007-831 ? 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 2007-832 CATEGORY: Planning DEPARTMENT: Town Attorney Adopt Greenport HALO Map WHEREAS the “Town of Southold Hamlet Study” was adopted by the Town Board of the Town of Southold on July 12, 2005 as an official Town planning document to be considered in the comprehensive planning process, and in implementing new legislation and Town programs; and WHEREAS the “HALO Map” contained therein for each hamlet has been reviewed, and in some cases revised, by the Planning Department, Planning Board and/or Town Board; and WHEREAS the revised and updated “HALO Map” will be used in planning for the future of each HALO and hamlet, and utilized in the creation of legislation and initiatives to further the principles and recommendations contained in the “Town of Southold Hamlet Study”; it is therefore October 23, 2007 Page 25 Minutes Southold Town Board Meeting RESOLVEDadopts the HALO Map for that the Town Board of the Town of Southold hereby the hamlet of Greenport, dated July 17, 2007 . Vote Record - Resolution RES-2007-832 ? 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 2007-833 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk Amend Resolution 2007-792 Ph 12/4 7:35 RESOLVED amends resolution 2007- that the Town Board of the Town of Southold hereby 792, adopted at the October 9, 2007 regular Town Board meeting to read as follows: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 9th day of October, 2007 a Local Law entitled relation to Amendments to Chapter 275” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the th th 4 day of December 2007 at 7:35 p.m . 20 of November, 2007 at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Amendments to Chapter 275” The proposed Local Law entitled, reads as follows: LOCAL LAW NO. 2007 “A Local Law in relation to Amendments to Chapter 275” A Local Law entitled, . October 23, 2007 Page 26 Minutes Southold Town Board Meeting BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose – In order to provide for the health, safety and welfare of the citizens of the Town of Southold, and to protect the natural protective areas existing within the Town, it is necessary to make certain amendments to Chapter 275. These amendments are intended to support the protection of environmental features within the Trustees’ jurisdiction, strengthen enforcement, simplify the permit process and clarify activities that may be conducted in protected areas. II. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: §275-2. Definitions; word usage. ACCESS PATH -- an area, cleared by hand or hand-held equipment, no more than 4 feet wide, left in its natural state and devoid of any manmade structure, to provide a walkway to a body of water. DOCK -- Any permanent or seasonal structure, except a building, located or proposed to be located on lands abutting or comprised of freshwater or tidal wetlands or connected to a bulkhead or the upland and extending over the water's surface, designed to secure vessels and provide access from the shore to a body of water. For the purpose of this chapter, this term shall also include the associated structures necessary to cross wetlands and adjacent natural areas. The term “dock” includes the terms “wharves,” “piers,” “fixed docks,” “floating docks,” or “floats”. or “catwalks.” FUNCTIONAL – Any structure that, in its current state, primarily retains its purpose and use as determined by the Board of Trustees. NONDISTURBANCE BUFFER – An A vegetated area, typically 50 feet wide a minimum of 30 feet wide as designated by the Board of Trustees, immediately landward of the wetland boundary, shoreline structure, or other line designated by the Trustees where no operations, maintenance, placement of signs or other activities can may take October 23, 2007 Page 27 Minutes Southold Town Board Meeting place, except that manmade debris may be removed from such area by hand without the permission of the Board of Trustees. RESIDENTIAL DOCK -- Any catwalk, fixed dock and/or floating dock designed or constructed as a continuous unit to provide access to the surface waters from a lot that is zoned for residential use. The term "dock" shall include all associated structures such as ramps and mooring piles. §275-4. Exceptions. A. The provisions of this chapter shall not affect or prohibit nor require a permit for the following: (4) The ordinary and usual operations relative to residential horticulture within Trustees’ jurisdiction limited to the use of non-invasive native species of vegetation. Re-grading and removal of trees outside any designated buffer area are not included in this exception. landward of the wetland boundary. (5) The ordinary and usual maintenance or repair (of the same dimensions) of a presently permitted by this chapter, existing and functioning building, dock, pier, wharf, jetty, groin, dike, dam or other water-control device or structure. (10) Installation of new or replacement windows, roof shingles, doors, dormers and siding on existing structures only. (11) Notwithstanding the above listed exceptions, activity within a designated non- disturbance buffer is prohibited. B. Nothing contained in this section shall alter the jurisdiction of the Southold Town Board of Trustees. These listed exceptions do not provide an exemption from the requirements of other departments or agencies. §275-5. Permit procedures. B. Administrative permit. (2) The following operations will be considered for administrative review: (j) The reconstruction of a permitted bulkhead as per §275-11, which is to October 23, 2007 Page 28 Minutes Southold Town Board Meeting replace an existing functional bulkhead, subject to the following: [3] Any such activities shall require the addition of a nonturf pervious buffer area. not to exceed 20 feet wide as defined in §275-2. (l) Minor restoration or alterations of landscaping. (m) Decks. (n) Minor alterations to existing permitted shoreline structures including stairs, bulkheads and docks. (o) Installation or burial of a residential propane/liquid gas tank 25 feet from wetlands in an existing, established yard area when more appropriate upland placement is not possible. Installation, burial or removal of a propane tank less than 25 feet from wetlands is generally prohibited. (p) Dredging work caused by the accumulation of silt from run-off or other circumstances not the result of activity by or on behalf of the owner of the property and in event at the discretion of the Board of Trustees. §275-7. Fees. F. Dredging Fee. Every application for a permit for dredging within Town-owned underwater lands shall include a fee as set by the Town Board based on the amount of cubic yard of dredge spoil to be removed. §275-10. Contents of permit. L. A statement that “The permittee is required to conspicuously post the permit and have the supporting plans available for immediate inspection at the worksite at the commencement of work until which time the project is completed.” §275-11. Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (4) Fences. In general, fences are prohibited from beaches and wetland areas. Any October 23, 2007 Page 29 Minutes Southold Town Board Meeting fence, barricade or impediment to pedestrian traffic on the beach or wetland area in violation of the provisions of this chapter shall be removed upon written notice to the owner of the premises upon which such fence, barricade or impediment is located sent by certified or registered mail. Such fence, barricade or impediment shall be removed by the owner within 30 days of the date of the notice. Upon failure to comply with such notice, the Building Inspector, Code Enforcement Officer or Bay Constable may remove or cause the removal of the illegal structure. If any fence, barricade or impediment is determined by the Building Inspector, Code Enforcement Officer or Bay Constable to create a hazard to the health, safety or welfare of the public, such structure may be removed and disposed of by the Town without prior notice to the owner. Upon removal by the Town, all costs and expenses incurred by the Town for the removal of such fence, barricade or impediment shall be the responsibility of the owner. The Town may pursue any and all remedies available at law to recover any unpaid costs associated with removal, including filing a statement with the Town Assessors, identifying the property in connection with which such expenses were incurred and the owner thereof as shown on the latest assessment roll of the Town. The Assessors, in preparation of the next assessment roll, shall assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalty as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. A fence may be permitted if the applicant has demonstrated a special need. Upon such a finding by the Trustees the fence must be split-rail, perpendicular to the waterline and not closer than 10 feet to MHW. Only one posted sign per 100 linear feet of fence is allowed, no larger than 12 inches by 12 inches square. (9) Pumping of Town-owned freshwater wetlands for irrigation purposes shall be prohibited. (10) Access paths. A permit for only one path shall be granted per lot for the purposes October 23, 2007 Page 30 Minutes Southold Town Board Meeting of shoreline access unless otherwise determined by the Board of Trustees. B. Shoreline structures. The following standards are required for all operations relating to shoreline structures on residential properties. Operations conducted on properties zoned M1 or M2 may be given greater flexibility in these requirements given the water- dependent nature of their use. (1) Bulkheads, retaining walls, revetments and gabions. (f) In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber pre-treated with any preservative, including but not limited to chromated copper arsenate (also known as "CCA"), creosote, penta products, Alkaline Copper Quat (ACQ), or homemade wood preservatives is prohibited for use in sheathing and decking on structures in the wetlands as well as on any part of a structure in low tidal flow wetland areas as determined by the Trustees. Any use of creosote is prohibited. Preservatives of any type, including but not limited to those listed above cannot be applied to any bulkheads, retaining walls or revetments after installation. Encapsulated pilings or native nonchemically treated (untreated) lumber only should be used in sensitive areas. (l) Lighting: Any and all lights associated with bulkheads, retaining walls, stairs or poles in Trustee jurisdiction must be directed on the subject structure and not out into the adjacent wetland, waterway or property. Lights shall not be on unless the waterfront is in active use. C. In water. The following standards are required for all in-water operations adjacent to residential properties. Operations conducted on properties zoned M1 or M2 may be given greater flexibility in these requirements given the water-dependent nature of their use. (2) Docks. (a) [3] In order to prevent the release of metals and other contaminants October 23, 2007 Page 31 Minutes Southold Town Board Meeting into the wetlands and waters of Southold, the use of lumber pre- treated with any preservative, including but not limited to chromated copper arsenate (also known as "CCA"), commercial copper quat (CCQ), creosote, penta products, Alkaline Copper Quat (ACQ), or homemade wood preservatives is prohibited for use in sheathing and decking on structures in the wetlands as well as on any part of a structure in low tidal flow wetland areas as determined by the Trustees. The use of creosote is prohibited. Similarly, the The use of tropical hardwoods is prohibited unless it is certified by the Forest Stewardship Council or similar organization. Materials used for structural components shall be determined at the discretion of the Trustees. (b) Dock locations and lengths. [3] [a] Given the unique and sensitive natural environmental characteristics described in the Town of Southold Local Waterfront Revitalization Plan and the New York State Department of State Significant Habitat descriptions, No new docks will be permitted, over vegetated wetlands or such that it causes habitat fragmentation of vegetated wetlands in the following areas: Downs Creek, Hallocks Bay, Hashamomuck Creek and Pond, Long Creek (branch of Mattituck Creek, East of Grand Avenue bridge), Pipe’s Cove Creek and West Creek. [3] [d] No floating docks, floats, dock components, duck blinds or boats shall be stored on tidal wetlands, other intertidal areas or freshwater wetlands, except that floats 20 feet in length or smaller and boats 16 feet in length or smaller may be stored above mean high tide, on blocks at a minimum of 12” above grade, during the period beginning November 1 October 23, 2007 Page 32 Minutes Southold Town Board Meeting through May 1. (c) Regulations for the placement and configuration of docking facilities. [1] Residential docks. [a] Only one dock, catwalk may be permitted per residential lot. Only one mooring or dock may be mooring is permitted per residential lot. Upon a showing of special need due to low water level and hazard to property, the Trustees may permit both a mooring and a dock for the same residential property. [b] If any part of a residential dock structure includes a float or floating dock, the float or floating dock portion shall be designed so that, with the exception of the pilings: [i] It is no larger than six feet wide and 20 feet long except on Fishers Island if the need is demonstrated; or of equal square footage as determined by the Trustees; (3) Dredging. (a) Creeks. [1] Only maintenance dredging (as defined in §275-2) only is permitted, unless the applicant owns underwater land or the applicant is requesting permission to dredge in connection with installation of low-sill bulkheads. All maintenance dredging permits shall be valid for a period no greater than 10 years. (c) All dredging applications must demonstrate a specific location for the deposit of dredging material. §275-16. Compliance requirements; penalties for offenses. B. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto, or failure to comply with a written notice or order of any Director of Code Enforcement or Bay Constable within the time fixed for compliance therewith, the October 23, 2007 Page 33 Minutes Southold Town Board Meeting owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Director of Code Enforcement or Bay Constable shall be subject to the following fine schedule. Each day on which such violation occurs shall constitute a separate, additional offense. (2) Failure to comply with the terms of a permit. (a) Any person failing to comply with the terms of a permit shall be subject to a fine of not less than $500 and not more than $1,000. $4,000 For each subsequent offense, the violator shall be guilty of a misdemeanor punishable by a fine not less than $1,000 nor more than $2,000 $7,500 or a term of imprisonment of not less than 15 days nor more than six months, or both. (b) Any person failing to comply with posting the permit and/or the requirement for supporting plans to be available for immediate inspection pursuant to §275-10 shall be subject to a fine of not more than $1,000. (4) Restoration. In lieu or in addition to these punishments, any offender may be punished by being ordered to restore the affected wetland to its condition prior to the offense. Any such order shall specify a reasonable time for the completion of such restoration, which shall be effected under the supervision of the approving authority. The Trustees reserve the right to require specific replanting and restoration methods including specific survivability and success criteria. (5) Failure to comply with a restoration plan. Any person failing to comply with the terms of a mandated restoration plan as detailed in subsection 4 of this section within the proscribed period of time for completion shall be guilty of an offense and subject to a fine of not less than $1,000 and not more than $4,000. (5)(6) Mitigation. When on-site wetlands restoration and creation may be unfeasible due to technical or other constraints, other mitigative measures, such as off-site wetland restoration or creation, may be required. C. The Trustees may revoke a permit when a violation of this Chapter or Chapter 111 is found on the same property. No new permits will be issued to any carter, owner, October 23, 2007 Page 34 Minutes Southold Town Board Meeting occupant, builder, architect, contractor or their agents if they are a named as defendants in an outstanding or unresolved wetland violation.violation of Chapter 275 Wetlands and Shoreline or Chapter 111 Coastal Erosion Hazard Areas. 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. APPLICABILITY AND EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law Vote Record - Resolution RES-2007-833 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-834 CATEGORY: Seqra DEPARTMENT: Town Attorney BCI Communications Type II SEQRA RESOLVEDfinds that the application that the Town Board of the Town of Southold hereby of BCI Communications Inc. for a waiver of the local law entitled “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” is classified as a Type II Action pursuant to SEQRA Rules and Regulations , 6 NYCRR Section 617.5, is not subject to review under SEQRA, and is exempt from review under Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. October 23, 2007 Page 35 Minutes Southold Town Board Meeting Vote Record - Resolution RES-2007-834 ? 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 2007-835 CATEGORY: Appeals DEPARTMENT: Town Attorney BCI Communications Waiver/Cell Tower WHEREAS , an application has been made by BCI Communications Inc. for a waiver from the provisions of Local Law No. 16 of 2007 entitled “Temporary Moratorium on the Processing, Review of, and making decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communications Facilities in the Town of Southold” pursuant to Section 6 “Appeal Procedures” of Local Law No. 16 of 2007 to permit the Building Inspector and/or other Town agencies to consider an application to swap antennas in place and to add an equipment cabinet within an existing shelter on the wireless communications existing at 21855 County Route 48, Cutchogue, New York; and WHEREAS , the application involves in-kind, in-place maintenance activity relating to an existing wireless communications facility; and WHEREAS , the Town Board has reviewed the file, conducted a public hearing and considered all pertinent documents; and WHEREAS , the criteria that the applicant must meet is set forth in Section 6 (Appeal Procedures) of Local Law No. 16 of 2007, which states: “Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law if, in its legislative discretion, upon its determination, the variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must find that a variance or waiver will not adversely affect the purpose of this Local Law, the health, safety or welfare of the Town of October 23, 2007 Page 36 Minutes Southold Town Board Meeting Southold, or any comprehensive planning efforts being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property, the range of business opportunities in the vicinity of the property and the surrounding hamlet, the rural, cultural, historic and business character of the hamlet, and the impact of the variance or waiver on the open and recreational space, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code.” WHEREAS , the Town Board finds that a grant of waiver will not adversely affect the public purpose of the Local Law, the health and safety of the Town, or the comprehensive planning efforts being undertaken on these matters; and WHEREAS , the Town Board finds that the grant of waiver is not in conflict with the surrounding uses in the vicinity of the property, the range of business opportunities in the vicinity of the property and the surrounding hamlet, the open recreational space or transportation infrastructure of the Town; and WHEREAS , the Town Board finds that the intent and purpose of the Local Law would not be served by prohibiting the in-kind, in-place maintenance of an existing wireless communications facility; and WHEREAS , the Town Board finds that prohibiting the in-kind, in-place maintenance of an existing facility would work an undue and unnecessarily extraordinary hardship on the applicant, the existing facility and the parcel of property; and WHEREAS , the Town Board finds the applicant has met its burden under the Appeal Procedures of the Local Law; and WHEREAS , the Town Board finds this application to be exempt from review under Chapter 268 of the Town Code, Waterfront Consistency Review; now therefor be it RESOLVEDapproves the application of by the Town Board of the Town of Southold hereby BCI Communications Inc. is hereby approved upon the condition that any and all Town October 23, 2007 Page 37 Minutes Southold Town Board Meeting fees outstanding in relation to the parcel be satisfied before this waiver shall become effective. Vote Record - Resolution RES-2007-835 ? 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 38. Statement SUPERVISOR RUSSELL: I would make a motion to table the, hold the public hearing open on the helicopter? JUSTICE EVANS: We closed the hearing. SUPERVISOR RUSSELL: We closed the hearing. COUNCILMAN KRUPSKI: We got a lot of information. We should use that before we make a decision. SUPERVISOR RUSSELL: Postpone the vote on that? 2007-836 CATEGORY: Enact Local Law DEPARTMENT: Town Attorney Enact LL In Aircraft 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” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it October 23, 2007 Page 38 Minutes Southold Town Board Meeting RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed “A Local Law to Establish a Minimum Height for Operations of Local Law entitled, Aircraft Over Town Limits” which reads as follows: LOCAL LAW NO. of 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; October 23, 2007 Page 39 Minutes Southold Town Board Meeting (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. §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-2007-836 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-837 CATEGORY: Enact Local Law DEPARTMENT: Town Attorney Enact LL FISD #21 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” AND WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it October 23, 2007 Page 40 Minutes Southold Town Board Meeting RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed “A Local Law in relation to the Fishers Island Sewer District Rent” Local Law entitled, reads as follows: LOCAL LAW NO. 21 of 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-2007-837 ? 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 41. Statement COUNCILMAN KRUPSKI: I thought it was going to be a closer vote. SUPERVISOR RUSSELL: Do we have one more? COUNCILMAN WICKHAM: Community development. JUSTICE EVANS: Do we have to do anything on that? October 23, 2007 Page 41 Minutes Southold Town Board Meeting COUNCILMAN KRUPSKI: We have to decide what the priorities are there, like we did last year. JUSTICE EVANS: Jim, do we have to make a vote on that? JIM McMAHON: No, what I will do, I will ask to be put on the work agenda for the next Town Board meeting; give you a proposed budget and any changes that you want to make that, we can do it at the time. I just have to have this to HUD by December 3. SUPERVISOR RUSSELL: Okay. Thanks Jim. Do we want to make any formal action on the helicopter? Do we want to hold the hearing? ASSISTANT TOWN ATTORNEY CORCORAN: What is the Board’s pleasure? SUPERVISOR RUSSELL: I want to hold it. COUNCILMAN KRUPSKI: Why don’t we have a, you know, why don’t you meet with Riverhead and…. SUPERVISOR RUSSELL: We will hold it pending some, hopeful, fruitful discussion. COUNCILMAN KRUPSKI: Now that we have got some actually attention on it, we might get some action. JUSTICE EVANS: (inaudible) you want to change the height on it. SUPERVISOR RUSSELL: I would make one suggestion that we adjust the height from 1,000 to 3,000 feet and then hold it for a future date. COUNCILMAN KRUPSKI: Yes. COUNCILMAN WICKHAM: I would like to make several comments based on what I have heard tonight and based on the comment of other Board members. I don’t think the Town of Southold has done what needs to be done initially before resorting to legislation. And what should be done initially is having close consultations with other affected municipalities, in particular East Hampton and Riverhead. I don’t think we have seriously explored what we can do through negotiations. I think 1,000 feet is not a realistic number, I think it is of questionable legality what we are trying to do. I doubt if the Town of Southold can enforce it. We can’t even enforce speeding tickets in the Town of Southold. How can we enforce the altitude that aircraft fly? I don’t think furthermore that safety is really the issue. It is noise that is the issue. I don’t think that we have addressed the noise issue in this ordinance. Finally, I think that we should be negotiating, not legislating. There tends to be a impulse on this Board to legislate everything. We should be negotiating, finding solutions, finding consensus, finding solutions to mutual problems and not simply writing new legislation. And so, from what I have heard tonight and October 23, 2007 Page 42 Minutes Southold Town Board Meeting the discussions I have had with other Board members, I think we have a great deal of work to do before bringing this proposed legislation to a vote. COUNCILMAN ROSS: We do have work to do but just so the public understands. The 1,000 feet was set because that is a standard set in the FAA regulations and it is a standard set in the general business law of New York State’s law. It doesn’t take care of the problem but from an enforcement standpoint and from the standpoint of having it upheld by a court if we wrote a ticket, you would have a much better chance and there are helicopters under 1,000 feet. We have heard people say that tonight and I know that for a fact. How many of them? Who knows. But to get them at least to 1,000 would be a step in the right direction. We could go to 2,000 or 3,000 later but this is, this falls into the category of regulation, local regulation, that tracks FAA and state regulation. In terms of enforcement, I have no problem with, I don’t think it would be a problem at all to enforce this law. SUPERVISOR RUSSELL: I would like to say that negotiation works but it is very lonely when you are the only person sitting at the table. The reality is, we didn’t get a response from either the FAA or the Eastern Helicopter Council until this legislation was put on the table. Now all of sudden, they are here asking us to work with them and you know what? I am happy to. I was happy to a year ago. I was happy to 15 months ago. We didn’t get that type of response. Now we have got it. So whatever got us here, got us here. And now we are in a better position prior to this legislation being proposed. COUNCILMAN EDWARDS: I would like to add, I live approximately ¼ of a mile east of the Mattituck airbase and have for 17 years. Except on a very humid day, when there is a breeze from the west, I am totally unaware that it is there but had it been there and there were noise, I would say, hey, I bought a house near an airport. Some consequences go with that. I am not sympathetic with people that buy a house near the airport and then say, gee there is noise. But this is new. This is something different and I am very aware of it at my home on Thursday nights, Friday nights and particularly Sunday nights. It is a barrage. And it is a barrage that has nothing to do with the Town of Southold and everything to do with the south fork. And I resent it, my neighbors resent it and I agree with the Supervisor that if we hadn’t moved this far, I doubt that we would have had people from the helicopter association coming forward to us and I am prepared to pursue it where ever it goes. SUPERVISOR RUSSELL: The association and East Hampton, all of the interested parties have the full cooperation of this Board, now that we have their attention. VI. Public Hearings Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board Recessed at 7:59 P.M. in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] October 23, 2007 Page 43 Minutes Southold Town Board Meeting MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell 1. Set PH Aircraft 10/23 7:35 RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Councilman Wickham NOTICE IS HEREBY GIVEN, COUNCILMAN WICKHAM: there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 11th day of “A Local Law to Establish a Minimum Height for September, 2007 a Local Law entitled Operations of Aircraft Over Town Limits” AND NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, 23rd day of October, 2007 at 7:35 p.m. Southold, New York, on the 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: 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: October 23, 2007 Page 44 Minutes Southold Town Board Meeting §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. §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. I have here a memorandum from the Planning Board, who has reviewed this proposed law and the Planning Board’s comments are as follows: ‘Thank you for your request for input from the Planning Board. The Planning Board recommends the following addition to this law: Exceptions: (they propose adding another exception) That the law shall not apply to rescue aircraft or aircraft involved in emergency actions.’ I have a notice that it has appeared on the Town Clerk’s bulletin board outside and we have a legal notice from an actual newspaper, taped right to the back here showing that it has appeared in the Suffolk Times newspaper. I have also a short environmental assessment form properly filled out and signed on the bottom and finally a letter from the Federal Aviation Association dated October 23. ‘Dear Supervisor Russell, It has October 23, 2007 Page 45 Minutes Southold Town Board Meeting come to the attention of the Federal Aviation Administration that the Town of Southold is considering regulating the use of the airspace above the Town. Such an action would constitute regulation of the airspace, a field that has been preempted by the Federal Aviation Act of 1958. While there is no express preemption provision with respect to airspace management, the field of airspace management and noise control is preempted, through conflict or field preemption. As the Supreme Court notice in City of Burbank v. Lockheed Air Terminal, Inc., 411 US 637, 93 S.Ct 1854, 36 L.Ed 2 d 547 (1973), Congress has given the FAA exclusive responsibility for the field of airspace management. Id. At 626-627, see also 49 USC section 40103 A and B. IN holding that with respect to airspace management federal law preempts state law, the Court in Burbank noted the pervasive nature of federal regulation, quoting Justice Jackson, ‘Federal control is intensive and exclusive. Planes do not wander about in the sky like vagrant clouds. They move only by federal inspection, in the hands of federally certified personnel and under an intricate system of federal commands.’ City of Burbank, at 633-634. The court also endorsed the position of the Secretary of Transportation that ‘The courts have held that the Federal government presently preempts the field of noise regulation insofar as it involves controlling the flight of aircraft.’ Id. at 635. Recently in 1998, the second circuit following City of Burbank found local regulation of airspace preempted. The City of New York attempted to regulate the path of flight for helicopter sightseeing tours. In holding the regulation to be preempted, the second circuit stated: ‘The City claims the invasive nature of helicopter noise justifies…restricting sightseeing routes…This argument….evidences a misunderstanding of aviation law. Congress, the Supreme Court and we have consistently stated that the law controlling flight paths through navigable airspace is completely preempted. See e.g. Concorde I, 558 F. 2d at 83 (British Airways Bd. v. Port Authority of NY and NJ., 558 F. 2d 75 (2d Cir. 1977) Helicopter Corp. of America v. City of New York 137 F. 3d 81, 91-92 (2d Cir. 1998) The FAA is committed to working with local municipalities and citizens to deal with noise issues, however, it is not always possible to decrease or eliminate aircraft noise in any area. Manny Weiss, the regional administrator of the FAA’s eastern region, is available to facilitate meetings on noise issues. You can contact him at 718-553-3000. I you would like to discuss the contents of this opinion, please contact Mary McCarthy of my staff at 718-553-3259. Sincerely, Alfred R. Johnson, Jr. Deputy Regional Counsel.’ And I believe those are the only notices for this public hearing. Supervisor Russell SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this issue? Robert Grotell, ERHC ROBERT GROTELL: Good evening Supervisor Russell and members of the Southold Town Board. My name is Robert Grotell and I am the special advisor to the Eastern Region helicopter council, the northeast’s premier helicopter trade organization. For over 25 years, we have continually promoted safety, professionalism, efficiency and community compatibility among our many helicopter and heliport related members. I want to thank you for the opportunity to testify before you this evening regarding Southold Townships proposed local law to establish a minimum height for operations of aircraft over town limits. The Eastern Region Helicopter Council is deeply concerned and strongly objects to your proposed local law that would in part preclude any aircraft, and specifically helicopters, from operating below 1,000 feet or any other October 23, 2007 Page 46 Minutes Southold Town Board Meeting altitude over the Township. This local law sends the wrong message to your constituents because it gives false hope to those in need of real solutions. This law is simply not the answer. Regulating the nation’s airspace, which includes the skies above Southold Township, falls under one agency and one agency alone, the Federal Aviation Administration. Upon its establishment in 1958, Congress granted the FAA exclusive jurisdiction and control of the National Airspace System to ensure a uniform set of rules and regulations are consistently applied throughout the country to avoid the very confusion and conflicts that your local law will create. Imagine the chaos that would result from the patchwork set of rules if every township, county, city or state established and enforced its own airspace regulations each directing pilots how and where to fly their aircraft. Such a system cannot and will not work. In short, the FAA Act of 1958 preempts Southold Township from enforcing the provisions described in your local law. This is not just our opinion, but also that of the FAA’s Office of Regional Counsel. We strongly suggest that the Township contact the FAA directly for further clarification on this matter, a dialogue that we would be happy to facilitate. Southold’s helicopter noise issues are directly related to this past summer’s modification of East Hampton Airport’s voluntary noise abatement procedures. Passing your local law will do nothing to address the root issue and the very concerns that th Southold Township residents expressed to EHRC at your October 9 public meeting on helicopter noise. Instead, let’s work together to solve your helicopter noise issues and ensure that the specific concerns are mitigated by practical and balanced solutions. We strongly believe that readjusting East Hampton Airport’s approach paths, informing helicopter operators of the changes and reinforcing to them the area’s noise sensitivity can minimize the noise affects described by local residents. The Eastern Region Helicopter Council therefore suggests that all the parties sit down together at everyone’s earliest convenience to make the necessary route changes to reduce the helicopter noise affects on Southold and East Hampton Township residents in a fair and equitable manner. Let’s bring together residents, local elected officials, helicopter operators, airport managers, ERHC officials and others to resolve this matter before next summer’s peak season begins. We are already working with Senators Schumer and Clinton, Congressman Bishop, the FAA and others to resolve Long Island helicopter noise issues and we invite Southold Township officials to join us in this cooperative effort. Our vast experience in working with communities and solving helicopter noise concerns throughout the area shows that it is through cooperation and open communications that community compatibility and quality of life issues are best addressed, not through needless and unwarranted legislation. As such, the Eastern Region Helicopter Council requests that you withdraw your proposed local law and instead work directly with the local helicopter industry to ensure that your specific noise concerns are resolved quickly and fairly. We welcome the opportunity to meet with all the stakeholders and are committed to beginning this effort immediately. Lastly, we encourage everyone with helicopter issues or concerns to contact the Eastern Region Helicopter Council’s information line at 845-353-6050 or submit any questions or comments to us via e-mail at erhcny@erhc.org <mailto:erhcny@erhc.org>. I thank you again for the opportunity to testify before you tonight. SUPERVISOR RUSSELL: Thank you very much. Joseph Fischetti, Southold JOE FISCHETTI: Good evening, Supervisor Russell and the Board. My name is Joe Fischetti, I have been a pilot for 30 years. I was appointed about two years ago by Supervisor, Executive October 23, 2007 Page 47 Minutes Southold Town Board Meeting Levy to the Gabreski Airport civic advisory board. That was to put together an open dialogue with the adjacent community at Gabreski. As part of that, they appointed me as general aviation chairman of the noise abatement committee of that group, and we worked for probably a year and a half on noise abatement around the airport. And this was a voluntary noise abatement program. We relocated flight paths and used education to the pilots. Very interesting was about a couple of months ago we, the airport manager and I went to one of the local communities which was Quiogue, which is directly south of the airport and we were given very satisfactory ratings on what we had done voluntarily. From that, at one of the last meetings that we had, the county and with the problems that happening with helicopter noise and part of our noise abatement was for helicopters, the county asked me to expand that to the east end and basically because of what Southold did unitarily, all by itself, so we have formulated some voluntary noise abatement program for the east end. Now this is a little different one than what Schumer’s committee is doing over there. The east end is very different from the rest of Long Island and we need to look at it differently. And what we have done is specifically look at it from William Floyd Parkway to the east. From William Floyd Parkway to the west, the helicopter problems are completely different and need to be looked at differently. So you, Supervisor Russell, you will be getting a call from the groups that we are working with to get us together. The helicopter pilots in the groups exactly what that gentleman said, they are not going to follow anything if the different municipalities are going to have different regulations. We need to bring this together. There are solutions. We have a, I have an outline right now that will be presented to a voluntary program and working with the pilots and with the communities to work that out and we hope that we will get the same success that we had with Gabreski Airport. So, I don’t think with the legislation, as you heard from the FAA, that legislation is not going anywhere. But I hope that the voluntary program will go someplace, that we will have something that is positive for the community because we do have a problem with helicopter noise and it has changed so, we hope that this is positive. SUPERVISOR RUSSELL: Joe, I just want to clarify for the Board. Actually, shortly after Councilman Ross put this on the table at a work session, Mr. Fischetti came and talked to me about it and had suggested a regional approach to solving the issue. In other words, you don’t have four or five east end towns going in four or five different directions and I certainly appreciate and support that it is the appropriate approach but I do have to tell you, I appreciate th Mr. Gratell and I thank him for coming to the public hearing October 9. It was the first time anybody from his organization saw fit to contact me in the over a year I have been trying. The FAA has been even harder to get a hold of. I would contact his organization in Yardley, Pennsylvania, they would tell me to call the airport manager in East Hampton. I would call the airport manager in East Hampton, he would tell me to call his organization in Yardley, Pennsylvania. To say that they have been evasive is understating how difficult they were to get a hold of. The legislation is on the table and now actually, I finally got a letter from the FAA. I am very excited. So whatever it takes to get people to the table is the issue. MR. FISCHETTI: Good. That is fine. Okay. Supervisor Russell SUPERVISOR RUSSELL: Thank you very much for your help, by the way. Would anybody else like to address the Town Board? Oh, come on, you are not all here for the Fishers Island October 23, 2007 Page 48 Minutes Southold Town Board Meeting Sewer District? Councilman Ross COUNCILMAN ROSS: I would like to join in the Supervisor’s comments. It is nice to know that someone is listening. It took a while and some effort to attain that and I would like to comment on the FAA preemption argument. New York State has in its general business law, set minimum flight levels. And if the FAA has exclusive jurisdiction, New York State’s law would be out of synch with that. But it is not. And there are two areas where regulation seems to be appropriate on a state and local level. And one is where you track federal regulations and the second area is where the federal regulations have left a gap. And the legislation proposed here follows both of those concepts. We are both tracking the state legislation, which tracks the federal regulation and we are also providing legislation where there is a gap in the FAA rules. So I would expect the FAA to say we are preempted but the legislation is there and I think it would be sustainable but if nothing else, it has got people listening. Supervisor Russell SUPERVISOR RUSSELL: I also want to say on the issue of the unilateral action on the part of this Town, it was the unilateral action of East Hampton that put us here because they cut a deal with the Eastern Helicopter trade council. And it wasn’t noise abatement, it was noise relocation. Take it off Georgica Pond and move it over to Bayview. And that is exactly what happened. East Hampton has an airport. They own an airport. They have a stake in the process. They get listened to. We didn’t. We had to create one. Mr. Kirby? Dan Kirby, Mattituck DON KIRBY: Don Kirby, Mattituck. Thank you for coming to this meeting. I believe it was th the October 11 meeting that you referred to… SUPERVISOR RUSSELL: Right. th MR. KIRBY: It wasn’t October 9. SUPERVISOR RUSSELL: Sorry. MR. KIRBY: I believe you had make a recommendation, that a voluntary recommendation that helicopters should stay 1,000 or 2,000 foot, if I recall your words. But we are talking about an unregulated industry, basically. And if the FAA, if the federal government doesn’t want to take hold of this issue, I think it is the responsibility of the Town and the citizens to speak up until something is done about it because it is just a bad issue. If you were paid by Southold Town, I am sure your twist on this whole thing would be completely different. So, that is all I have to say. SUPERVISOR RUSSELL: Thanks, Mr. Kirby. Mr. Wills? Frank Wills, Mattituck FRANK WILLS: Frank Wills, Mattituck. I think the idea of regulating the flight of the helicopters is a great idea. My only comment would be, instead of making it 1,000 feet, make it 3,000 feet. Because where I live, the helicopters come directly over my property and judging October 23, 2007 Page 49 Minutes Southold Town Board Meeting about the altitude, some go about 1,000 feet but I can still hear them. I realize that we will always hear them. If they go to 3,000 , it will be much less. Supervisor Russell SUPERVISOR RUSSELL: That was a lesson learned, after the legislation was originally drawn. That they are actually right now flying at about 1,000; so the 1,000 feet didn’t really get us anything. Ray Feeney from North Fork Helicopter Association has been very helpful in giving me at least some understanding of what is going on and understanding the science of it. I know a lot of the pilots here, I see the guys, I know all of you. You know this issue, you know where we are at. You know that we have a problem with the Sikorski’s and the Bellfour 30’s, traipsing back and forth over the north fork. I would welcome the opportunity to sit down with all of you and figure out how to help us get this thing resolved to get these guys higher or to get them diverted. In no way was this legislation ever intended to affect any of the aviation of Southold Town. We have a long history of flying in this Town, we know that we have crop dusters, we have larvaecide spraying. In no way did anybody want to affect the airmen, the pilots and th helicopter flyers in this Town. The issue is the people that are coming out of 34 Street, coming up Long Island Sound and then skipping over this side to get to East Hampton. That is a big problem and they haven’t been receptive and the FAA has been absolutely useless in any effort I have tried to get them involved in the discussion. They said, well, we don’t regulate that. Go talk to the helicopters, go talk to East Hampton. East Hampton said talk to the Council, the Council; and I went around in circles for months and months and months. But I would welcome the input. I see a lot of people here I know. I know you know a lot more about this stuff than I do. I would welcome any input and guidance you can give me. Pat Wagoner, Southold PAT WAGNER: Thank you. Pat Wagner, Southold. I just want to let you know that as a homeowner I have observed the helicopters as well, I am a member of the Eastern Region Helicopter Council but there is a perception that must be understood. What you are looking at and what is really the height of the helicopter, it is over 2,500 feet because I am telling you, I th know in Manhattan what the height of the 59 Street bridge is and some other major landmarks, so they are doing exactly if not more than the height requirement that is regulated or even being suggested. But we will go back as Eastern Region, speak to the pilots. We have an open ear, open door policy. So we are going to make sure that your issues are heard. But what I have perceived so far is that they are doing the right thing and they are staying high. The route was moved but they are staying high but it is a momentary noise…. SUPERVISOR RUSSELL: We have three verified sources on their height. Local equipment here, the East Hampton airport and another source and all three of them said they fly 1,000 to 1,200 feet. Not 2,500 feet. MS. WAGNER: Well, the ones that I have seen, the larger ones go higher. But I mean… SUPERVISOR RUSSELL: They can go higher, they just don’t seem to. MS. WAGNER: Well, it depends on where you are looking from. Where they are going and when they are starting their descent. But as a rule, they are much higher than what the FAA October 23, 2007 Page 50 Minutes Southold Town Board Meeting would regulate them at. SUPERVISOR RUSSELL: Well, the FAA doesn’t regulate at all. MS. WAGNER: You are allowed to fly 500 feet over water. And they are not doing that. COUNCILMAN KRUPSKI: But not over Peconic. MS. WAGNER: Over any water. COUNCILMAN ROSS: Then it shouldn’t… MS. WAGNER: As long as they can glide to a safe landing. COUNCILMAN ROSS: Then it shouldn’t be a problem. MS. WAGNER: That is not what they are doing. You should be happy that they are as high as they are. But I am saying we are going to go back…. UNIDENTIFIED: They may be allowed to but we are not going to… COUNCILMAN KRUPSKI: Wait, wait, wait. Let her finish. SUPERVISOR RUSSELL: Could you address the Board? And ma’am, you will have an opportunity but… MS. WAGNER: We will go back and again, reiterate what your concerns are. We are here to help and mitigate the circumstances. But I live here, too. I live here, too. And I work in my backyard and I see the helicopters. I am aware of them. You know, everyone has a different perception. SUPERVISOR RUSSELL: Just so you know, I didn’t run and Bill will vouch for this, I don’t think the word helicopters came up two years ago when we ran for office. This office sort of, you know, we don’t pick the issues they pick us. I am telling you, with the sheer number of phone calls I am getting from every stretch of town, it is not imagination. It is not people misperceiving heights. It is a real issue. And we have the equipment to read the altitudes and they are clicking off at about 1,000. We have the air log reports from East Hampton. They are clicking off at about 1,000. As a matter of fact, East Hampton sent a draft recently to you because you haven’t been honoring… MS. WAGNER: But that is the correct height. SUPERVISOR RUSSELL: Excuse me? MS. WAGNER: That is the correct height. October 23, 2007 Page 51 Minutes Southold Town Board Meeting COUNCILMAN ROSS: Then there shouldn’t be a problem passing a local law that sets it at 1,000. SUPERVISOR RUSSELL: I don’t want to pass 1,000. I want to go to 2,500. MS. WAGNER: Local law will not be allowed under the FAA. COUNCILMAN ROSS: I don’t think that is correct. COUNCILMAN WICKHAM: Scott, this is a public hearing. SUPERVISOR RUSSELL: You are right. COUNCILMAN WICKHAM: We are hear to listen to what the public has to say. I don’t think we should be giving them our views so forcefully. Let’s listen to what the public is trying to tell us so that we can make an informed decision. SUPERVISOR RUSSELL: Okay. MS. WAGNER: I don’t want to see anything unsafe. I live here, too. But I am telling you what I see, what I perceive and everyone has a perception. All I am saying is that there is a rule of them flying high enough over land and they want to try and stay over water as much as they can. That is as the whole industry. Alright? So if you want us to do something, we are here to listen…. SUPERVISOR RUSSELL: Thank you. MS. WAGNER: We are here to go back and give them the message. But what I perceive is that they are doing exactly what they are supposed to be doing. SUPERVISOR RUSSELL: Okay. MS. WAGNER: Okay. There may be more frequency than you like but that’s, nobody owns the air or the number of flights that can go past. That is just up to, you know, whoever is booking the helicopter. So, it is out of our hands. SUPERVISOR RUSSELL: Thank you very much. And Tom is right, I shouldn’t have engaged you so much. Doreen Kirby, Mattituck DOREEN KIRBY: Hi, thank you Mr. Russell. Doreen Kirby, Mattituck. My perception is very different from Southold. We are in Mattituck and as I have said before, I have sat in my backyard on a Thursday night in July and counted 22 helicopters from 3:00 to 7:00. That is pretty annoying and I would like to invite anybody to come and see what my perception is. They are not over the water, they are not sometimes even 1,000 feet, they are 500 or 700… October 23, 2007 Page 52 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: I am sorry, Mrs. Kirby, can you just make sure you address the Board? MS. KIRBY: They are not even 1,000 feet most times. They are 500, 750 tops. Sometimes they come right over the tree tops. I would like to invite anybody that has that perception to come and see what mine is in Mattituck. We must be flying over different paths at different times for different helicopters. I also had a question for Mr. Fischetti. When you did your noise abatement in Westhampton, were you talking about recreational helicopters or was it the base’s helicopters that the surrounding areas had problems with? SUPERVISOR RUSSELL: You know what? I would ask you, Mr. Fischetti will be available perhaps after the meeting but your questions need to be addressed to this Board, not to Mr. Fischetti. MS. KIRBY: When you said you met with him, did he… SUPERVISOR RUSSELL: Yes. MS. KIRBY: Did he explain… SUPERVISOR RUSSELL: Yes and it is a very good plan. It is a very good plan but it is in reference to Gabreski in West Hampton not to the issues that we have. MS. KIRBY: I didn’t think it had anything to do with the issues we are having in Southold. SUPERVISOR RUSSELL: No. MS. KIRBY: And I think that a lot of people here and probably most of the 900 names that we have on our petition, we are talking about the flights that were reverted from East Hampton to Southold Township. We have no problems with the rescue, emergency or the military or whatever they are doing on the base. I work in Westhampton Beach school district. I am glad they are there on the base. They are protecting me and all those kids. This is a very different issue. And it should not be done on a volunteer basis. Someone needs to be responsible for it. Thank you. SUPERVISOR RUSSELL: Thank you very much. Dan Catullo, Mattituck DAN CATULLO: Dan Catullo, Mattituck. She stole my thunder here, pretty much. But again, the voluntary idea, everyone parading out this let’s do it voluntarily, everybody be a good little soul. It doesn’t work and I will again reiterate what she said. Five hundred feet maybe. I swear they are 300 feet. Last week there was a tandem of two, maybe 100 feet behind, one behind the other and if you want to draw a qualification for how much the intensity was, it cut out the conversation within a room with most of the windows closed. It is that intense a sound. Brief, yes. A minute, yes. But terribly annoying. Okay. This is more than a health, and that is not the only time. There have been several other episodes, where it has been 200, 300, 400 feet perhaps. October 23, 2007 Page 53 Minutes Southold Town Board Meeting They are so close that the tree line obscures the passage of these things coming across. All I can say is that it just annoys me that the hubris of these people, these trillionaires down there treating us like some medieval peasants while they go to their medieval manors. I can’t abide that kind of attitude and whoever is here, like the lady is like two lots back here, who came out and said well, she has no problem with it, maybe she has another agenda. I don’t know. Maybe she has some other benefits arriving from her particular position. All I know is, they come over us, they th sound like a Mitsubishi coming in out of December 7 and it stinks. I think we ought to really do something about it. Thank you. SUPERVISOR RUSSELL: Thank you, Dan. John Seinroff, Mattituck JOHN SEINROFF: John Seinroff. Myself and Ray Finne are North Fork Helicopters, by the way. I have been flying out here for 30 years, no problems. I take exception to the altitude the lady said there. I know I agree with you, Scott. They are flying a little lower than 3,000 foot and I know this. I have got many (inaudible) checking this and ways of doing that. And the law, the legal aspect of regulating this is very hard to do because it is the federal you know, thing and we are regulated very much. It has almost got to be to get something going pretty quick is a voluntary thing and we have got more people involved, I think it has got to be. And we have got to come up two or three thousand feet (inaudible) coming out of the city. And I am very willing to get involved (inaudible)… SUPERVISOR RUSSELL: Let me just give you a quick compliment, while you are talking. You were the first two, you and Ray and the first organization to call me, saying maybe we can help. We do know people in the industry and I relied on your guidance because I knew nothing about it and I couldn’t tell you if a helicopter was 50 feet or 9,000 feet, so I knew nothing about it. And you guys were very, and you know, the fact is is that I don’t want local helicopter pilots getting a bad rep from these Bellefour 30’s and the Sikorski’s that are cutting up their air on their th way from 34 Street to East Hampton. MR. SEINROFF: I appreciate that. That is why we are involved. SUPERVISOR RUSSELL: Thank you. MR. SEINROFF: It is really not our thing, so. SUPERVISOR RUSSELL: Thank you very much. Gerald Schultheis, New Suffolk JERRY SCHULTHEIS: Hi, I am Jerry Schultheis from New Suffolk. I have a lot of difficulty understanding the FAA position when we are in the position here where East Hampton has told the helicopters where to fly. They are saying they have, the FAA is the only one with jurisdiction and yet the Town of East Hampton is telling them this is the flight path to take and the helicopters association is working with them on that. The other issue which I think is very important I haven’t heard anything about is the health issue. Okay, early in the summer I actually bought myself a decibel meter. I have received readings over my house of 100 decibels October 23, 2007 Page 54 Minutes Southold Town Board Meeting and greater. And if I look at the published information, it tells me 15 minutes exposure to 100 decibels or more will cause permanent hearing damage. And just as an afterthought, maybe the thing to do is a class action suit against the helicopter owners and the Town of Southampton for the health damage they are doing to the people in Southold. Thank you. SUPERVISOR RUSSELL: Thank you. Karl Krauss, Laurel CARL KRAUSE: Carl Krause, Laurel. I just want to bring it up again, Scott, I know we talked at the last meeting. East Hampton has definitely made it a primary route over the north fork, obviously to keep the helicopters out of Steven Spielberg’s backyard and Martha Stewart’s backyard. The one thing that I would like to bring up again is it is not just the East Hampton heliport that we are dealing with. It is the Southampton heliport as well. I mean, we have our neighboring town Riverhead that I brought up in the last meeting, these helicopters you want to talk about the woman from Southold was stating a 500 foot level and she was pretty adamant that they can fly over the water at 500 foot. Well, maybe she can get up and explain to me why you can be over the water from the Southampton heliport in about 200 feet but yet they chose to come up over Shinnecock Bay, fly across Hampton Bays, fly across the Peconic Bay and then travel over Jamesport and parts of Aquebogue to get up over the Sound. So it is not just our town that we should be looking at, I mean, Riverhead as well is suffering with the same problems. The 1,000 foot height restriction, I don’t think that that is going to be a resolution as well. I mean, I can hear these helicopters coming from miles away. Sometimes as many as 50 to 60 flights a day go over my home in Laurel. And as the other gentleman said, thank god for remote controls on tv’s. Because that is constantly what I am doing. Putting the remote up, raising the volume on the tv. Conversations? You can’t have conversations. You know, I believe this woman here, she is living in fantasy land. Has another agenda. Because the noise level is deafening. I can’t enjoy a barbeque in the backyard, the neighbors are complaining. I mean, we have a real issue and it has got to come to a head and whatever the town has to do to bring it to that head, I think that Riverhead should be involved and we take it to the next level. SUPERVISOR RUSSELL: Thank you. The first thing we, I am sorry. The first thing we recognized was that height, that elevation of 1,000 would have to go to 2,500 or 3,000. Along those lines. COUNCILMAN ROSS: That was a set up. Barbara Blass, Riverhead BARBARA BLASS: Good evening Mr. Supervisor, members of the Town Board. My name is Barbara Blass, I live in Jamesport but I have here also this evening representing the Town of Riverhead as a Councilwoman. I would ask you respectfully that if you choose and I hope you do, to address this from a regional perspective, that you include and invite Riverhead to the table, we are more than anxious to address this issue as well. We have our share of complaints indeed. I commend you for taking the very bold step that you did but I do ask and I am self-appointing myself to be a liaison if you will, to the people of the Town of Riverhead on this matter because it is something that is a quality of life issue and just as you, we are concerned that East Hampton’s actions may have affected you. I know that you are willing to address your October 23, 2007 Page 55 Minutes Southold Town Board Meeting neighbors in Riverhead as well. SUPERVISOR RUSSELL: You have my word. MS. BLASS: I appreciate that. Thank you. SUPERVISOR RUSSELL: Thank you, Barbara. COUNCILMAN KRUPSKI: Thank you. Marie Dominici, Mattituck SUPERVISOR RUSSELL: Good evening, Marie. MARIE DOMENICI: Marie Domenici, Mattituck. If you are going to legislate height, my recommendation would be 3,000 feet and as far as the fines go, I would say $1,000 a foot. The reason why I say that is, well, first of all, I don’t know how we are going to implement the penalty part of this but if indeed we do, the only time you really grab somebody’s attention is when you reach into their pocket. So if indeed we are going to make this a law, I think we should make it on the steep side rather than, you know, one helicopter will pay for that fine. So, that would be my recommendation and I thank you for your time. SUPERVISOR RUSSELL: Thank you. Manford Lee, Cutchogue MANFRED LEE: Good evening, Manfred Lee, Cutchogue. The US Open Tennis Center can redirect their flights for two weeks during the US Open, I don’t know why something can’t be done for helicopters. Orient Point is what? Ten miles away, they can’t redirect these flights and stay over the water. That would be the simple solution. The FAA apparently approved this LaGuardia Airport flights over the US tennis center and I don’t know what is involved to notify them over the change in air direction over the water. That is all I have to say, thank you. SUPERVISOR RUSSELL: Thank you very much. Would anybody else like to address the Town Board on the public hearing for the helicopters? Benja Schwartz, Cutchogue BENJA SCHWARTZ: I would just like to say very briefly, that I just keep thinking about four years ago, I was at a local property owners association meeting and the Bay Constable was there talking to us and we had some time and nobody knew what to do with it, so I asked what about the noise from the aircraft, could we do something about that. He basically said he didn’t have any jurisdiction. My neighbor who was sitting behind me says, what planet are you from? Well, I think know we have got some resignation, this is an issue for planet earth. Those of us who are on planet earth. I wonder if there couldn’t be another approach. I don’t know if you have looked into this, Councilman Ross, but if we are not allowed to regulate the flight path, what if we had a real noise law in Southold Town and we could measure the sound? Would there be a way to enforce that? October 23, 2007 Page 56 Minutes Southold Town Board Meeting COUNCILMAN ROSS: We are not trying to regulate the path, we are merely trying to regulate the height and there is a noise ordinance, not in the Town but in the Village of Greenport that sets decibel levels and it has crossed my mind. But that is an issue for another day. MR. SCHWARTZ: Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? Mr. Scholand? Greg Scholand, Mattituck GREG SCHOLAND: Good evening, my name is Greg Scholand, resident of Mattituck, pilot, local aircraft owner. I had prepared an awful lot tonight but it has pretty much been touched on. What I would like to bring to your attention is that helicopter routing is regulated by the FAA and I have the information here to contact them to change the routing. I do however, believe I have done enough research and in the FAA regulations with federal preemption going right on up to the supremacy clause of the constitution, that the Town’s regulation of the airspace will be a financial boondoggle, if you will. And I say that as a taxpayer. Because on the back side, if you go to regulate the airspace and fine people, it is going to come back. I am curious to know what kind of devious the Town has to measure height? SUPERVISOR RUSSELL: We are using the equipment that has been offered to us by a trade organization. If you want a, if you are asking me for a make and model, I can’t give it to you but you are welcome to look at it in the next few days. MR. SCHOLAND: I am just curious to know if it is FAA approved or how it measures stuff. SUPERVISOR RUSSELL: It was offered to us by a trade organization. COUNCILMAN KRUPSKI: I went to school with Greg and I had math with him and he should know that. SUPERVISOR RUSSELL: You know Greg, you know where we are at. This isn’t about the guys at the Mattituck airbase. It is not about, you know, it is about the Sikorski’s and the Bellfour 30’s. MR. SCHOLAND: I do not deny a bit the problem exists. I live in Mattituck, I hear it. It is there. and if the Townspeople decide it needs to be addressed, that is what it is all about. However, there is a way to go about it and if you look at the regulations, even if you want to call Southold an congested area, the federal regulations say you can’t fly below 1,000 feet over a congested area except for a helicopter. The second half of that exemption for helicopters says they must follow prescribed helicopter routes. That is the way to go after it. SUPERVISOR RUSSELL: I agree and that is the way I tried but what you are missing here is 15 months of reaching out and getting a complete lack of interest from the FAA. Even less interest from the Greenport supervisor, who I kept getting referred to and the Eastern Helicopter Association in Yardley. We got no, and we had no, nobody was answering any phone calls. October 23, 2007 Page 57 Minutes Southold Town Board Meeting Nobody really had any issue with Southold, we don’t control an airport, we don’t do anything that makes them have a stake here. So that was the problem. MR. SCHOLAND: I will make sure the information that we have gathered to this point gets to you and then if it is the same people and you have the same problem, unfortunately, there we are. But if it is not, maybe it will facilitate federal air routing. But I do caution you as a taxpayer against trying to regulate federal airspace. Thank you. SUPERVISOR RUSSELL: Thank you, Greg. Would anybody else like to address the Town Board? Dan Catullo, Mattituck MR. CATULLO: Yes, Dan Catullo again. In reference to this, I know it is difficult to judge, we don’t have sonar all of us or radar in our yards but if one of the incidents I brought up before is the fact that they skimmed over the tree tops and if I had a camera at the time, I could see the print, I could see the head or the silhouette of the pilot, I could make out the linear designations of whatever this machine was and I could gauge it against the trees themselves and I could certainly present this to a court of law or a court of inquiry and they could judge what the altitude was. There is no magic about that. If there was a prosecutorial type of situation going on, that would hold up I would think. SUPERVISOR RUSSELL: We had a, in a trial run, we had actual gauged the altitude of a craft and read the end number off its tail with ease. The reality is it is not the mechanical aspect of reading the altitude, it is what happens when you write the ticket and the judicial or the adjudication of that ticket. That is where the problems are. It is not the mechanics, it is the legal quagmire of regulating something. Nancy Sawastynowich NANCY SAWASTYNOWICZ: Good evening, Nancy Sawastynowicz of Cutchogue. I think the problem is that we are being dumped on by the Hampton’s. SUPERVISOR RUSSELL: Yes. MS. SAWASTYNOWICZ: East Hampton, we get their ferry traffic, now we are getting their helicopters. Why don’t we just go after them? We can regulate them easier then, you know, the big boys. So anyway, I just think I am getting tired of being dumped on by the Hampton’s. Thank you. SUPERVISOR RUSSELL: Thank you. Robert Grotell, MR. GROTELL: If possible, I just wanted to respond to some of the comments you made, if that is appropriate. SUPERVISOR RUSSELL: Sure. Absolutely. October 23, 2007 Page 58 Minutes Southold Town Board Meeting MR. GROTELL: You had mentioned previously that there is a deal between the helicopter council and the Town of East Hampton. I just want to set the record straight. That is not true. The issue was first discussed in March of this year. The helicopter council held a pre-meeting of Hampton’s traffic, which is something that we do on a regular basis because obviously we know that the Hampton’s and other east end locations are very seasonal and the volume clearly increases over the summer. What we did was work with the East Hampton airport management and we discussed a series of voluntary noise abatement procedures. At that time in March. Later on in the year, I would say May or June, the airport modified those routes and shifted the routes a little bit further north, completely over water but still over a little bit further north than they were in March. And that seems, based on what I have heard the last week or the week before that I was out here, that seems to be the triggering action that is prompting all these concerns. And from the helicopter councils standpoint, we are here. We want to work with you. Whether the issue is perceived or not, it is an issue. And we want to work with you and we will make this right. We will go back with your assistance, we hope and with the other town; with the Senator’s and Congressmen and State Assembly and local people, we will resolve this issue. And we just ask for your cooperation and you know, I look forward to discussing this matter further with you. SUPERVISOR RUSSELL: Thank you very much. I appreciate that. Would anybody else like to address the Town Board on whirly-birds? Councilman Wickham COUNCILMAN WICKHAM: I would just like to say that there is one more document in the file that I overlooked and that is a response from the Suffolk County Department of Planning, saying the Suffolk County administrative code regards this as not within their jurisdiction and it is not something that they are going to weigh in on. SUPERVISOR RUSSELL: Can I get a motion to close this hearing? 2. FISD Rent PH 10/23/07 @ 7:45 PM RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Councilman Wickham NOTICE IS HEREBY GIVEN THAT, COUNCILMAN WICKHAM: there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 25th “A Local Law in relation to Fishers Island day of September, 2007 a Local Law entitled Sewer District Rent” AND NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, 23rd day of October, 2007 at 7:45 p.m. Southold, New York, on the at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to the Fishers Island Sewer The proposed Local Law entitled, District Rent” reads as follows: October 23, 2007 Page 59 Minutes Southold Town Board Meeting 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. I have notice with a, it has appeared as a legal notice in the local newspaper, it has appeared on the Town Clerk’s bulletin board outside. I have a response from Mark Terry, the LWRP coordinator. ‘This proposed law has been reviewed by the Waterfront Consistency Program, based upon the information provided it is my determination that the action is consistent with the policy standards and therefore is consistent with the LWRP.’ What else do we have here? What else do I have? That is it. Supervisor Russell SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this particular local law? (No response) Are you sure? Can I get a motion to close? 3. 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 RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Councilman Wickham COUNCILMAN WICKHAM: In April, 2008 the Town of Southold expects to receive approximately $136,000.00 in Federal Community Development Block Grant Funds. These funds may be used, and have been previously used for a variety of projects to be selected by October 23, 2007 Page 60 Minutes Southold Town Board Meeting local officials. Eligible activities include: Acquisition and demolition of blighted property Housing rehabilitation Elimination of physical barriers for the handicapped Public facilities and improvements Street Reconstruction Code Enforcement Public Water projects Economic Development Public Services (limited to 15%) Tuesday, October 23, 2007, 7:40 P. Town Residents are invited to attend this public hearing on M. in the evening at the Southold Town Hall, 53095 Main Road, Southold, New York, to express citizen views on local housing community development needs to be met with these funds. This has appeared also on the Town Clerk’s bulletin board outside and now, it has appeared as a legal in the local newspaper. I don’t believe there are any other, I don’t believe, oh, yes, there are. The 2007 Community Development Block grant budget is as follows: (this is from our Community Development Department) Home Improvement project included $72,400; Southold Recreation Center, the handicapped bathroom renovations, was $20,000; admininstration of all of these projects was $13,600; North Fork Early Learning Center, the child daycare program was $7,500; Robert Perry Daycare was $7,500; North Fork Housing Alliance general support was $5,000; CAST, Community Action Southold Town was $5,000 and the Dominican Sisters also $5,000 for $136,000. The contracts for these were just received but no funds have been spent. And I also have a budget for the 2006 Community Development Block grant program which is in the file and rather similar in most respects to the other ones, to the one I just read. Also 2005, if anyone has any interest it is in the file here. And that is all I have on this. Supervisor Russell SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this particular issue? (No response) Hearing none, motion to close the hearing? Closing Statements Supervisor Russell SUPERVISOR RUSSELL: Would anybody like to address the Town Board on any issues of mutual interest? Benja Schwartz, Cutchogue BENJA SCHWARTZ: Good evening. My name is Benja Schwartz, I live in Cutchogue. I just have a short, prepared statement I am going to read for you today. Development pressure in the Town of Southold has been building, pun intended, for almost a generation. One of the first, the largest and the highest density proposals is now coming back to haunt us. The developers are October 23, 2007 Page 61 Minutes Southold Town Board Meeting now calling it ‘Heritage at Cutchogue’. I call it ‘horror of Cutchogue’. How much is too much development? The horror of Cutchogue is too much. Building 25 copies of each one of only five house plans on 46 acres of farmland in the center of Cutchogue is the wrong thing to do. If anybody has any questions or would like more information, we set up a website. You can google Cutchogroup and visit our website, Cutchoguegroup.googlepages.com. I hear a lot of people telling me you can’t stop development. Well, I say we can stop over-development. Why do we have ‘hamlet’ density zoning that is not in the hamlets? Why are these hamlet study groups representative of political partisanships in Southold? Looking for someone to blame will only aggravate the problem. Let’s agree we are not doing enough to provide for a brighter future for Southold. Let’s all accept a share of the blame and propose ways to work together for mutual credit. The owners of this property did nothing to earn the high density zoning on the property. The zoning was given to the property. Well, it should be taken away. The property owners own the property but they do not own the zone. I know it is not easy to change zoning but you know how to do it. Legislation. And you are the people that can. The Town Board. Thank you. Julia Hopkins JULIA HOPKINS: Good evening, my name is Julia Hopkins and I live in Cutchogue. The past two months Nancy Sawastynowicz has been spending a lot of time in front of King Kullen collecting signatures on a petition to protect Southold Town from Heritage at Cutchogue, a proposal of huge, high density housing development north of the Cutchogue post office. Over 1,000 people have already signed this petition. They have been very grateful cares enough to help send such an important message to you, our Town Board. I wish you could have been there to listen to the comments made by the people who signed but unfortunately we don’t even have time for me to read to you the signers names. Thank you. SUPERVISOR RUSSELL: Thank you very much. Nancy Sawastynowicz NANCY SAWASTYNOWICZ: Good evening, I am Nancy Sawastynowicz from Cutchogue. People whose families have lived here for generations and other people who have only recently moved here keep asking me two questions. The first question they ask is, how can this happen in our town? The next question they ask is, who should I vote for? I am here tonight to ask each one of you Town Board members your position on the Heritage at Cutchogue. What do I think? Consider these two facts, from the project information form filed by the project sponsor question number 16 on page four, ‘will the project generate solid waste?’ the answer ‘yes’. Eleven tons per month to go to the Southold Town waste transfer station. Will this cause Southold Town taxes to go up? The answer is also yes. The answer to question 23 on page 5, anticipate that the development will use 46,903 gallons of water every day. How will using this much water affect the limited and already stressed aquifer that supplies the water to the north fork? To quote from the Suffolk Times, published February 15, 2007, Supervisor Russell said the town considered changing the zone of that parcel before the developer seemed open to meeting middle income needs. He said rezoning and other town actions could be considered again if the developers don’t meet the needs of the town and no significant investment is made on the property. Will this development meet the needs of our town? In the same article, Mr. Rimland from Medford is quoted as saying that the reason for a gated community is to avoid people driving through on our roads maintained by the condominium association. They will impact our roads but we will not October 23, 2007 Page 62 Minutes Southold Town Board Meeting use theirs. Is that fair? In closing, my friend who lives on Schoolhouse Road received a letter from KD partners, a California development company. The letter promises that national experts in lifestyle communities are designing a new community to preserve open space, while providing homes that will compliment the site and surrounding areas. Have you seen the Heritage at Cutchogue site plan? There is no open space on this. It is quarter acre lots. There is no open space, unless maybe they consider the rooftop open space. It is huge. There is nothing this big in Southold Town. We do not need this type of development. This belongs in Medford. It doesn’t belong on the north fork. In closing, well, I don’t see any open space on this development plan. This development plan did not compliment the site or the surrounding area. Will this company determine the future of the north fork? I hope not for the real heritage of Cutchogue. So, Supervisor Russell, Justice Evans, Councilman Wickham, Councilman Ross, Councilman Edwards, Councilman Krupski, you know my opinion. Now please tell me yours? Is it this or rezone? It is not a hard question. COUNCILMAN WICKHAM: I think I can’t speak for other members of the Board. This zone change was made back in the 1980’s by previous Board… MS. SAWASTYNOWICZ: I have the petition from that. I fought it then, I was denied the right to speak at Town Hall. They returned my petition, I will submit that right now if you would like that one. Because it never got taken in and I was denied the right to speak at Town Hall. I went to the meeting after the public hearing for the zone change and they denied me the right to speak. I had the petition, they went to executive session and I was denied the right to speak; I think that is a total way to not get a zone change, a spot zone change like that is really a bad way to do our town… COUNCILMAN WICKHAM: I agree with you and that same action is what actually instigated me to start running for Town Board back in those years. Nevertheless, a zone change was made and that became a hamlet density zone that allows up to four units to the acre. There has been a pending application of one form or another on that property all these years which has deterred me, at least, from trying to yank the zone change from under them. I am not saying we shouldn’t but I am saying we haven’t. MS. SAWASTYNOWICZ: Mmmhmm. COUNCILMAN WICKHAM: And at this stage to do it would be a pretty be a, what would almost certainly open the Town up to a legal challenge. MS. SAWASTYNOWICZ: We were sued the last time this happened by Kron and he lost, so that, I don’t see the point of that. If we want to fight for what this town is, we have to fight for it because when this moves in, we are done for. It is huge. Okay, so that is your answer. Let’s keep going. JUSTICE EVANS: I have the same experience as Tom, I have not been involved with the Town Board as long as he has but the zone was done, you say we can win versus Cron, (inaudible) I am not sure that we can. In fact, I feel pretty certain the Town would lose and then not only would October 23, 2007 Page 63 Minutes Southold Town Board Meeting we lose a lot of money fighting this but we would still be left with the same development. MS. SAWASTYNOWICZ: I disagree. Okay. SUPERVISOR RUSSELL: I met with you, I met with a lot of the homeowners several times in the evening in this building to explain what my problem is. The application came a couple of years before I became supervisor. The zone change, it was granted in 1983 I believe, 82 or 83, was sanctioned in an approval of the master plan in 1989. The property was reviewed back in 1994 through a town wide review of all hamlet density properties. At the time it was a proposed community for 168 units. The Town consultant and this Town Board at the time reviewed it and decided that that was appropriate for that site. Then we go through a hamlet stakeholders initiative, which I didn’t initiate that was prior to me getting here, that talked about concentrating development in the hamlet center. Now, if I rezone, in the meantime I have been meeting with the developer and I have talked to you folks about some of the concessions he has made and it is not enough, I understand that but if I rezone that tomorrow, we will lose the first court case we have. And any concessions we hope to get our off the table. Now his proposal for 168, he cut down to 125. That is about 2 ½ per acre. The 139 is because we are making him build the other 14 for the affordable housing component. I need him to cut the size and I need him to cut more units. I went with the Land Preservation Committee, met with Melissa Spiro and asked Melissa, the issue isn’t the density, it is the size of the property, the 50 acres at that density. And I asked her if it would be appropriate to use Community Preservation money to secure 20 or 25 acres. You could scale the community back to a Founders Village sized community, which is 94 units at exactly quarter acre zoning. I met with him initially, he was reluctant to do that because he says he needs critical mass to support those over the top amenities he is trying to create there which I don’t think the seniors have a market for. He has been pos dec’ed though, a positive declaration, he has a lot of burdens at this point to overcome. Traffic, septic, all of those burdens. One very nice approach for him is to, you know what? Reconsider my proposal to talk about selling 20 or 25 acres. That would give us the land we need to make a nice buffer around that community, so when it does come in it doesn’t injure the existing Crown Land etc. That is the approach that I think is the most, the soundest approach. I also think it is the one I can defend legally. I don’t think I can defend a rezone. I have the hamlet density study right here. All this stuff had come to light after I talked to him and honestly tried to… MS. SAWASTYNOWICZ: Who is him? SUPERVISOR RUSSELL: That is Jeff Rimland. He is the owner of the developing company. The owner of record is still the fee title holder. There is a contract pending and he is going to be the buyer and the developer of the site. MS. SAWASTYNOWICZ: So Nocro still owns it? SUPERVISOR RUSSELL: Nocro still owns it, the development company, yes. Dick Cron passed away, his son now speaks for the estate in Florida. MS. SAWASTYNOWICZ: Okay. I think we could even, if we don’t do the rezone on it right October 23, 2007 Page 64 Minutes Southold Town Board Meeting away, we should put a moratorium on it. It is too big. I mean what about all the sewage from that property. SUPERVISOR RUSSELL: That, well he has got some major hurdles. The positive declaration and again, I met with communities of Crown Land and High Land several times right here at night several times and explained to him what I was hoping for which was a positive declaration out of the Planning Board. They issued it. A very thoughtful and thorough one. I am sure you have had a chance to read Mark Terry’s positive declaration. All of those issues have to be resolved. Traffic is a paramount issue. Septic, all of those things. Again, the easier approach for him is to reduce the scale. I think we can live, I grew up in Cutchogue too, I think we can live with 90 units if we had to, rather than risk a rezone and having to deal with 168 in two years. That is my problem. It is a, you know, when action isn’t taken and you get it handed to you, you have very limited opportunities. Twenty or twenty five acres of open space would provide us the buffers we need to keep some semblage of Cutchogue still there. MS. SAWASTYNOWICZ: Okay. Mr. Ross? COUNCILMAN ROSS: We have been dealing with reducing the yield and it has been reduced substantially. With respect to a suit, we could end up losing what we have gained. I have always thought getting it down below 100 would be a victory of sorts. We are not there, I think we should keep talking about that…. MS. SAWASTYNOWICZ: Okay. Because the water authority has a letter in the file saying that they don’t have the water there for that large of a development. So then they are going to have to get water from Riverhead and everybody’s taxes will go up for the water. SUPERVISOR RUSSELL: I think the water authority has already talked to them about bringing water down Depot Lane. They would have to pay a certain amount of cost to get it brought along that back street. MS. SAWASTYNOWICZ: They will drain our aquifer. Okay. I am sorry I interrupted you. COUNCILMAN ROSS: I wouldn’t rule out any action but I would keep the gains that we have on the table. MS. SAWASTYNOWICZ: Okay. Because I am going to give you another petition that we have gotten of 1,074 people and they just flock to the table when they know what I am doing. People really want to keep the rural atmosphere of this town and this density does not belong here, it really doesn’t. Okay. Mr. Edwards. COUNCILMAN EDWARDS: Well, I can only echo what the Supervisor and Mr. Ross said. Every attorney I have spoken to on this matter has said essentially the same thing. First of all I should say it is regrettable that this property was zoned as it was back in 83 and there is a lesson there for everybody in town, which is know the zoning around you. Now people are very concerned about the zoning of the proposed Oki-do project in East Marion. Again, that is October 23, 2007 Page 65 Minutes Southold Town Board Meeting property that has been zoned for those uses for many years. There is a zoning map down the hall and I advise you to take a look at it to see what the properties around you are zoned like. Having said that, every attorney I have spoken to has said essentially the same thing. You rezone a property like that, the land owner will of course, file suit against the town. We will spend a lot of money defending our position and we will almost certainly lose because it does represent spot zoning. To reverse zoning that took place 20 some odd years ago is I think very optimistic. So the alternative approach which this Board has been unified I think, is to mitigate the damage and one thing that I think hasn’t been mentioned also is that this is an over 55 development which is intended obviously to minimize the impact on the school district. Everybody on the Board and I am sure whoever is on the Board next year is going to continue to work to minimize the size of the project. But rezoning I think would be, in and of itself, I think is a losing strategy that would simply cost us a lot of money. Let’s look to the pos dec and the issues to minimize the impact of this unfortunate zoning on our community. MS. SAWASTYNOWICZ: Either way it is going to cost the town a lot of money because everybody’s taxes are going to go up. If this is a 55 year older, they are still going to impact our fire department. I don’t care what is going to go there, they could be 10 years old, they are still going to have a big impact on our taxes. Development makes our taxes go up. So let’s go to court on it. COUNCILMAN EDWARDS: Okay, I am not here to, you know, I am not here to defend the developer god knows… MS. SAWASTYNOWICZ: Okay. COUNCILMAN EDWARDS: But the main impact of development on, the overwhelming impact on development on taxes and everybody knows how strongly I support preservation and how hard I have worked on it in order to minimize the impact of development is on schools. That is a big burden out of the way with this project but at the same time, I can’t see spending hundreds of thousands of dollars of the Town’s money in a losing lawsuit. I would rather continue along the path we have been going, which is to minimize the size of the project and if, as the Supervisor says, if it is possible ultimately to acquire some of that northern portion of that property for preservation at an affordable price in quarter acre zoning, that is a challenge. I would certainly support it. I agree with you, it is too big a project and it is too big a project because it is too much land to have rezoned in 1983. MS. SAWASTYNOWICZ: It was a back door deal. It never should have happened. Mr. Krupski. COUNCILMAN KRUPSKI: I don’t think for me rezoning is off the table. I think it is an option. As you can see, it is something the whole Town Board has been considering. This whole project, the whole Town Board has given a lot of thought to… MS. SAWASTYNOWICZ: It is huge. October 23, 2007 Page 66 Minutes Southold Town Board Meeting COUNCILMAN KRUPSKI: Over the past year, year and a half or whatever and this isn’t a new issue for us and I know everyone is pretty much unified on this, has got the same approach though. Right now, like some of the other members said, you know, the project has been pos dec’ed under SEQRA. One of the big issues of course, is traffic. MS. SAWASTYNOWICZ: Right. COUNCILMAN KRUPSKI: Which would have an enormous impact in Cutchogue which is kind of laid out funny when it comes into the Main Road there anyway, so that hopefully will be useful in limiting the size and scope of the project also. MS. SAWASTYNOWICZ: Okay. I am… COUNCILMAN KRUPSKI: You know, I think before, they have to get through SEQRA first… MS. SAWASTYNOWICZ: Right. COUNCILMAN KRUPSKI: To see how the traffic is going to impact, to see how the sewage is going to impact and to see then whether the developer will cut back on the scale of it and then the Town Board can make a better decision after we get, you know, a little bit more information on that. MS. SAWASTYNOWICZ: Okay, good. Because I also am petitioning the Planning Board at the same time. So here are the petitions. SUPERVISOR RUSSELL: Just as a point of information, you know, you are referring to the density. I don’t think it is the density as much as 50 acres, which is just an incredibly large number and there is nothing else that was like it in Southold Town. Founders Village being about 33. But that was where the issue was, that is why I focused on trying to simply reduced the amount of available land produced. I won’t mind the quarter acre zoning, if he scales to something the hamlet of Cutchogue can absorb, 50 acres of quarter acre zoning is excessive. But we are picking the best path we can to get there… MS. SAWASTYNOWICZ: Right. SUPERVISOR RUSSELL: And also the 55 and over, I had insisted on from the developer because he had originally come in with 168 units at any age, 55 and over is not a panacea but again, it does reduce some of that impact. Founders Village has a very nominal impact, of course, the community is much smaller and that is what I am hoping for. MS. SAWASTYNOWICZ: Well, that is how Cron got his zone change back in 84 saying it was for senior citizens and then two weeks later he comes back to the Board and says he changed the age to 45. So how do we limit the age on that project? SUPERVISOR RUSSELL: That would be a covenant and restriction filed through the Planning October 23, 2007 Page 67 Minutes Southold Town Board Meeting Board. MS. SAWASTYNOWICZ: Okay. SUPERVISOR RUSSELL: And they are marketing it as such and quite honestly, people have found that the 55 and over markets much faster than the other age group. MS. SAWASTYNOWICZ: Okay. I’ll just keep sitting in front of the King Kullen, make it my post. SUPERVISOR RUSSELL: You know, you can call me weekly. I will talk to you about the process. I have an understanding what the Planning Board is doing and what we are trying to get accomplished. MS. SAWASTYNOWICZ: Okay. So does Rimland own the land? SUPERVISOR RUSSELL: No. he is a contract vendee. I don’t know if they have closed yet. My understanding is that the contract requires that he close whether the deal gets approved or not. MS. SAWASTYNOWICZ: Oh. SUPERVISOR RUSSELL: Which is different from the earlier proposals over the years, Seacroft and you know, the proposals just a few years back. The owner said, you are buying it, you are buying it and that is that. MS. SAWASTYNOWICZ: Okay. Thank you all very much. I appreciate it. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? Roberta Lee, Cutchogue ROBERTA LEE: Supervisor Russell, members of the Board, good evening. My name is Roberta Lee and I live on the Main Road in Cutchogue. I was not born in Cutchogue unfortunately, but I am very grateful for the years that I have spent here and I hope the years that are coming down the road toward all of us are going to more or less replicate the peace and tranquility and loveliness of this beautiful town. I am just not so sure, I am pro-active education as a lot of people know, and I don’t feel comfortable with a 55 year and older community. Very often these are not people who participate in the communities, this is a family town and it was based on families and families bring communities together and many of the people who have the money to buy in a 55 year and older have a place in Florida or a place in Arizona or wherever and they don’t really have a commitment to that except they do have a great voting block, which we have all seen at Board of Education meetings and when budgets come to vote. The only time you see them coming out to participate in the community is to vote against anything that is going to raise the taxes which I can sympathize with because I am there now myself, but I still would never be any different than I am. I don’t understand something about the zoning determination. What conditions need to exist for this community to be given, you know, the hamlet designation? October 23, 2007 Page 68 Minutes Southold Town Board Meeting Because in 1983, what was the population of Cutchogue, does anyone know? What is it today? It is vastly larger of course and the whole dynamic of the town has changed and many people are trying to keep it from getting out of hand. But in 1983, was that when the zoning was given? The hamlet designation? SUPERVISOR RUSSELL: I believe, Nancy, you probably know better than I do. 1983 or 1982? Something along those lines. MS. SAWASTYNOWICZ: He had public hearing in February of 1983 and they didn’t change to zone until July 19 of 1983. MS. LEE: Okay. So at that time, Cutchogue was essentially a different place. When we moved here 20 years ago, I could get out of my driveway any time of the day or night. 5:00 in the afternoon was like 5:00 in the morning. Now, we don’t make left turns anymore from May or from April until the god help us, pumpkin time (inaudible) but just think about 135 more families in such a concentrated spot and then we, I heard recently that somebody near your farm, Tom, had a complaint. Somebody new who moved there. What are we going to do to kill all these bees? How can we get rid of these bees? You know, that is the mentality that you are going to have to, they don’t just blend in now. This is existing mentality that is coming in. They are trying to change it into a suburb. COUNCILMAN WICKHAM: Excuse me, may I address the first point that you made and that is why was this turned into an age 55 and above and you questioned whether that is really an appropriate thing to do in that the community is a family, we ought to have kids and families, the regular run of families. I tend to agree with that. But the reason we did it was that New York State law gives condominiums special tax exemptions or special tax reductions and this will most probably be a condominium project. As a condominium project, they will pay about a third or maybe 40 percent of the taxes that you and I pay on our homes that are privately owned. We thought that was really unfair. If there is going to be this big old project and not only it is big and it has an impact on the village, also they get a free ride or a greatly discounted property taxes. Well, one solution and I think it was actually brought to our attention by Dan Ross on the Board here, was to eliminate the burden on the schools and the school tax burden and one way to do that is to have age 55 and above. Presumably these families will not be placing a burden on our schools and increasing the school tax, which you know is 60 or 70 percent of our local property tax. So that was from our side, from the Town’s side why we moved towards that age 55 and above. On the developers side I think they also saw some virtue in it because the standards for sanitary waste disposal are less stringent for 55 and above. MS. LEE: I don’t want to go there. Alright, next I guess… SUPERVISOR RUSSELL: I mean, if the issue is 55 and over, you can ask him and he might drop that criteria but I think that will be working at cross purposes with what your goals are, which is to reduce the impact of that new community on the existing Cutchogue. That, you know, he went along with the 55 and over. You can ask him to not do that but again, I think that will have a bad consequence. I think the focus should stay on acquiring property anywhere we October 23, 2007 Page 69 Minutes Southold Town Board Meeting can get it to reduce the overall size and scale of that community. MS. LEE: Kind of like shutting the door after the horses, Scott. SUPERVISOR RUSSELL: No, not really. I mean, there is substantial difference between a 25 acre community and a 50 acre community at that density. That is a substantial difference. MS. LEE: Okay. I’ll grant you that. Okay but in, are there no statute of limitations? My understanding from what I heard spoken here this evening is that the same corporation owns the land that bought it. It hasn’t changed hands. SUPERVISOR RUSSELL: Well, my understanding is that he is still a contract vendee. That would be Rimland. I don’t know what his corporate name is. MS. LEE: What does contract vendee mean? SUPERVISOR RUSSELL: He is in contract to buy. He is the contract purchaser. He has contracted with the owners, Nocro, to buy the property. I don’t know what all the terms and conditions are with that contract but I do know that Rimland was the one I dealt with because he is the one that is pushing the thing. MS. LEE: Okay, so these Nocro people… SUPERVISOR RUSSELL: Nocro. MS. LEE: Nocro, they, do they get some kind of tax deduction for land that has been lain around for 20 some odd years? SUPERVISOR RUSSELL: No. It is, the land is all assessed virtually. It is unused farmland. MS. LEE: Unused farmland. SUPERVISOR RUSSELL: Yeah, it is assessed like all other land out here. It is quite nominal. You would be surprised. MS. LEE: It is not the same though, as land which has houses on it? SUPERVISOR RUSSELL: No, that is land that is improved. That is assessed differently. That is right. MS. LEE: So they have kind of like saved themselves some money by not having got rid of the property right away and they bought it at such, probably a cheap price at that time in 1983. Now it is a different Cutchogue and now you have issues of congestion… SUPERVISOR RUSSELL: I know. October 23, 2007 Page 70 Minutes Southold Town Board Meeting MS. LEE: And things that you never had before. That the people on the Board who sat in your seats then would have no idea of what the world would be like, anymore than the people… SUPERVISOR RUSSELL: I don’t agree with, I think people have sat here for a long time, again, that review in 1994 would have been a perfect opportunity to rezone this property. They rezoned one out of the five that were reviewed. That would have been a good opportunity. My problem is, I have a pending application that has been there for four years already and given this, given the hamlet stakeholders initiatives, prior to my getting here which had a planning component to it; let’s concentrate hamlet density in the downtowns. What do I tell the judge? I can’t tell him that that plan is inconsistent with our master plan because that is what the hamlet stakeholders initiatives had suggested. I can’t tell him that we need to review this because he is going to say you had a bite of the apple back in 1994 and you didn’t bite. That puts me in a very difficult position. Again, I know this sounds terrible but I would rather try to muscle him through the positive dec process and see what we can do to reduce this as best we can. As substantially as we can. I think that is a safer approach, legally. But you know, and again, growing up there, I know that the density isn’t the problem, it is the size of that property. Fifty acres at quarter acre is obscene. I know that. MS. LEE: Because you are bringing in with that 50 x 100 mentalities, too. SUPERVISOR RUSSELL: That was my reason for the density issue on the Cottages at Mattituck not that long ago. MS. LEE: Okay. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Board? By all means. Bill Hodges, Cleaves Pt.,East Marion BILL HODGES: Good evening. I will be very brief. And it may seem to some people here to be insignificant but it is not to us. My name is Bill Hodges, I am a 180 day resident of the Cleaves Point condominiums in East Marion. As most of you know, we are right next door to the old oyster factory. The councilman mentioned before the Oki-do project. I am not here to discuss the Oki-do project. That has been in the plans for four years and I would almost promise you that it may be another four. What we are concerned about on the oyster factory property which is owned by Oki-do, is that the structures are unsafe and dangerous and constitute a hazard to safety of the citizens by reason of the following. The perimeter fence has been cut, sections removed, you can drive right on that property right now. The shoreline has eroded and the bulkhead is in disrepair and in danger of collapse. All exterior windows on the building have been broken, over head doors are open, large sections of the corrugated metal roof have fallen or been blown off, remaining sections of the roof are loose and pose an imminent danger of falling or becoming missiles. The southeast portion of the building has begun to collapse, there is evidence of vandalism and intrusion of and within the building. The buildings are unsafe, due to inadequate maintenance, neglect, dilapidation and abandonment. Those were our concerns and I am happy to report that that’s part of a notice posted by your Director of Code Enforcement about three or four days ago, which the property owner I understand has 10 days to start October 23, 2007 Page 71 Minutes Southold Town Board Meeting rectifying and 30 days to complete. SUPERVISOR RUSSELL: Right. We posted that the other day. MR. HODGES: Yes, you did. And on behalf of the residents of Cleaves Point condominium, who asked me to be here, actually primarily my wife who is on the Board; I drove out late this afternoon and I would like to get home tonight, we would just like you to ride herd if you could. This is a terrible situation there. SUPERVISOR RUSSELL: We intend on it. MR. HODGES: And our concerns, as I said, are for the condition of the property today and we will worry about Oki-do down the road. SUPERVISOR RUSSELL: Well, we have two issues there. first of all, we are making them secure that site. They said that they didn’t want to because they wanted permission to put the wall up. That is not their prerogative, we are making them secure that site. Secondly, there is the overriding issue of when those buildings do come down that we have proper oversight and know everything that is being done. The DEC actually supervises the demolition of that site but I have asked legal and the Town Building Department to make sure they create a link of communication with DEC so we know everything that is going on there. MR. HODGES: Thank you very much, sir. Supervisor Russell SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? (No response) Motion to adjourn? Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 9:29 P.M. * * * * * Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Scott Russell, Supervisor SECONDER: Daniel C. Ross, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell