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HomeMy WebLinkAboutTB-12/18/2007ELIZABETH 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 December 18, 2007 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, December 18, 2007 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 4:30 PM with the Pledge of Allegiance to the Flag. I. Reports 1. Town Clerk Monthly Report November 2007 2. Justice Court Monthly Report - Bruer November 2007 3. Animal Shelter Monthly Reports January 2007 February 2007 March 2007 April 2007 May 2007 June 2007 July 2007 August 2007 September 2007 October 2007 4. Program for the Disabled December 18, 2007 Page 2 Minutes Southold Town Board Meeting November 2007 5. Justice Evans November 2007 6. Justice Price November 2007 7. Recreation Dept Monthly Report October 2007 November 2007 8. Supervisor’s Budget Month ended November 30, 2007 9. Board of Town Trustees November 2007 II. Public Notices 1. NYS DEC Notice of Complete Application William S. Kelly, 1840 Brigantine Dr., Southold, SCTM #1000-79-4-24 - construct a garage, driveway, swimming pool, patio, 3 drywells III. Communications. 1. Thank You From Robert L. Perry Day Care Center IV. Discussion 1. 9:00 A.M. Ag PDD Appraisal & PLT/Nature Conservancy Contracts Melissa Spiro 2. 10:00 A.M. Peconic Recreation Center Jim McMahon 3. Fees for Shellfish Permits 4. Transportation Commission Councilman Wickham 5. Cutchogue Fire Department SEQRA December 18, 2007 Page 3 Minutes Southold Town Board Meeting 6. East Marion Fire Department Parking Lot 7. 11:30 A.M. - Executive Session Litigation - Bob Scott 8. CSEA Arbitration Settlement 9. 12:00 P.M. - Executive Session Acquisition of Property - Tom McCarthy 10. Oki-Do Follow-Up 11. 9:30 Am Executive Session CSEA Contract - Michael Krauthamer, Esq. 12. PAC & ABTF Recommendations Regarding Police Cooperation W/ Federal Authorities Councilman Wickham 13. Extension of Moratorium - Wireless Communication Facilities 14. Helicopter Agreement 15. Stop Light @ Cox Lane & Route 48 Councilman Krupski 16. Harvesting Sod In Wintertime Councilman Wickham 17. Executive Session - Employment Agreement W/NFAWL Call to Order 4:30 PM Meeting called to order on December 18, 2007 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived Albert Krupski Jr. Town of Southold Councilman Present William P. Edwards Town of Southold Councilman Present Daniel C. Ross Town of Southold Councilman Present Thomas H. Wickham Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice Present Scott Russell Town of Southold Supervisor Present Elizabeth A. Neville Town of Southold Town Clerk Present Patricia A. Finnegan Town of Southold Town Attorney Present December 18, 2007 Page 4 Minutes Southold Town Board Meeting Pledge Supervisor Russell SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. Okay. Would anybody like to come up and address the Town Board on any issue as it appears on the agenda? Mr. Geiss. Gunther Geiss GUNTHER GEISS: I am Gunther Geiss of Southold and a member of the Police Advisory Committee and I would like to talk to you briefly about 2007-969, a resolution having to do with policies of the Police Department. It strikes me that this may be something that is being rushed to judgment. The Police Advisory Committee held a meeting with the Anti-Bias Task Force a week ago last Monday. That was a surprise to us because apparently at a prior Town Board meeting they had made their issues known and it was suggested that a meeting would be set up with the Police Advisory Committee. As it happens, they took the bull by the horns and came running to our meeting. Now normally we don’t hold meetings with the public, although the meeting is open to the public but nonetheless, the members agreed to hear their issues and to discuss them with them as neighbors. In the end, we tried to inform them that their proposals were either illegal, inappropriate or inappropriate for discussion with us, in particular one in which they should discuss with the Police Benevolent Association. Today, only because my wife is a regular attendee of work sessions, I discover that there is an agenda item which by title suggests that the Police Advisory Committee agreed to the resolutions being or the request being put forth by the Anti-Bias Task Force. Nothing could be further from the truth. We simply had a discussion and we thought that they left reasonably well informed about how police practices intrude on what they wish would happen. So, what I am going to suggest is that having the advantage on the Police Committee of at least two members who have extensive experience as chief of detectives in New York City, another as an inspector general of the MTA, lots of experience with federal and state interaction; that the Committee be given an opportunity to meet with the Town Board before any action is taken so that we can inform the Town Board on the issues of enforcement and inter-governmental relations on which this resolution intrudes. And so I am asking now that you table that resolution and request an executive session with the Police Advisory Committee and I am asking for an executive session because I believe that these individuals with extensive enforcement background would feel more comfortable talking in a closed door setting about their experiences. SUPERVISOR RUSSELL: Thank you. I actually, we did talk today about that. I had actually recommended two weeks ago that there be in the future a joint meeting between the Anti-Bias Task Force and the Police Advisory Committee. I had asked the Police Chief, when he went to that meeting with you the other day, to update your Board as to what the facts and issues were because you didn’t have benefit of that Town Board work session discussion two weeks prior but as you mentioned, some people felt more, I guess, that need to be addressed more immediately and they went to your meeting so, you sort of got caught short on that and I apologize for that. It was mentioned today at the work session that anything that was being put on the table, the Police Advisory Committee had made it clear that it was either something they didn’t support or it was outside the jurisdiction of what your job description or what your mission is, so there was no, the December 18, 2007 Page 5 Minutes Southold Town Board Meeting wording on the document or the agenda was merely because that agenda item came in at the very last minute. It certainly implied in any way that you had endorsed it. MR. GEISS: Okay. From the point of view of organizational theory, it doesn’t make sense to memorialize a statement that a subordinate will cooperate only under these conditions with a superior agency. The fact of the matter is, the superior agency has the force of law to do as they wish. SUPERVISOR RUSSELL: Yes. Would anybody else like to address the Town Board on anything issue as it pertains to the agenda? Supt Highways Peter Harris PETER HARRIS, HIGHWAY SUPERINTENDENT: Good evening, ladies and gentlemen. Actually I had spoken to the Supervisor prior to the start of the meeting. To go out of the realm of …. SUPERVISOR RUSSELL: Excuse me, sir, you didn’t state your name or where you are from. MR. HARRIS: Peter Harris, Superintendent of Highways, Town of Southold. Sorry. Due to scheduling problems, I am not going to be able to stay for the entire meeting and I felt that I wanted to come here to address and to say thank you very much to our colleagues that will be, this is their last meeting today and I just want to say it has been a pleasure working with you two gentlemen, Mr. Ross and Mr. Edwards. You did a yeomans job as councilman for the Town of Southold and I just want to say thank you very much for your hard work over the course of time that you have been in office. You should be proud of your accomplishments and we thank you from the bottom of our hearts from the Highway Department. And with that being said, I look forward to working with your successors but to you, today is your day, it is your last day and thank you. COUNCILMAN EDWARDS: Thank you, Pete. Councilman Dan Ross COUNCILMAN ROSS: Pete, thank you for your good work. You made us look good on many occasions. Councilman Wm Edwards COUNCILMAN EDWARDS: And I still want a picture of you on that lawn tractor. Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to address the Town Board before we move forward? Tom Skabry, CSEA Pres TOM SKABRY: How are you doing? Tom Skabry, President of the CSEA, representing the Town’s employees. I, too, would also like to thank you for your whole hearted dedication to public service. You guys will be missed and I am not saying that I am not looking forward to December 18, 2007 Page 6 Minutes Southold Town Board Meeting working with the new members but I just wanted to say for the record it has been nice working with you and the whole Board for that matter. As to an item on the agenda for tonight, I just had a quick question. Unfortunately I did not have an opportunity to look at this prior to the meeting. But as far as the budget modifications, I notice that there are funds being moved from the budget line for the CSEA EBF fund. Can anybody explain why that is going on? Was there an over budget item last year? SUPERVISOR RUSSELL: This is the end of the year accounting procedures. It is an in-house bookkeeping. MR. SKABRY: That is all it is? SUPERVISOR RUSSELL: That is all it is. It is an in-house bookkeeping line when we are moving money around to close out the books for the end of the year. MR. SKABRY: Okay. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? (No response) Hearing none, let’s move on. V. Resolutions 2007-936 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit 12/18/07 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby December 18, 2007. Vote Record - Resolution RES-2007-936 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Voter ?? Adopted as Amended ???????? William P. Edwards Voter ?? Defeated ?????????? Tabled Daniel C. Ross Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter 2007-937 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Organizational Meeting 1/2/07 11:00 Am December 18, 2007 Page 7 Minutes Southold Town Board Meeting RESOLVED that the Organizational Town Board Meeting of the Southold Town Board be held, Wednesday, January, 2, 2008 at the Southold Town Hall, Southold, New York at 11:00 A. M.. Vote Record - Resolution RES-2007-937 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Voter ?? Adopted as Amended ???????? William P. Edwards Voter ?? Defeated ?????????? Tabled Daniel C. Ross Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter 2007-938 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Meeting 1/2/08 4:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Wednesday, at the Southold Town Hall, Southold, New York at January 2, 2008 at 4:30 P. M.. Vote Record - Resolution RES-2007-938 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Voter ?? Adopted as Amended ???????? William P. Edwards Voter ?? Defeated ?????????? Tabled Daniel C. Ross Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter 2007-939 CATEGORY: Employment - FIFD DEPARTMENT: Accounting FI 2008 Salary Increases for Full Time Personnel RESOLVED that the Town Board of the Town of Southold hereby authorizes a 3.5% wage increase be awarded to the following full time personnel, effective January 1, 2008: Frederick Barrett Paul Foley Stephen Burke Richard Hoch Brian Grote Matthew Lynch Thomas Doherty Jesse Marshall Robert Dumouchel James Traub December 18, 2007 Page 8 Minutes Southold Town Board Meeting Mark Easter John Morgan Josh Elsensohn John Paradis Nicholas Espinosa Nina Schmid Mike Fiora Donald Brown Vote Record - Resolution RES-2007-939 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Initiator ?? Adopted as Amended ???????? William P. Edwards Seconder ?? Defeated ?????????? Tabled Daniel C. Ross Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter 2007-940 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Updated Hamlet Stakeholders Listing RESOLVED appoints or reappoints the the Town Board of the Town of Southold hereby following individuals to the Hamlet Stakeholders, effective immediately: Cutchogue: Jack DiPaola Jane Minerva Gwynn Schroeder Bill Gatz Georgeanna Fogarty Paul Romanelli East Marion: Ruth Ann Bramson Walter Gaipa Jenny Gould Kate Sepenoski George Peter Regi Weile Dean Sambach Greenport: Don Leslie, Jr. Tanya Palmore Peter Russo Ural Talgat Victor Brown Melanie Norden Mariel Dobler Jill Dunbar Diane Gilmore Sylvia Hertzberg Nelia Purnhagen Mattituck: Sue Auer Peter Coleman Constance Connor Joseph Lee Ron McGreevey Henry Raynor Frank Wills Charlie Zaloom Nick Planamento Bill Bladykas Andy Forkolb Sr. December 18, 2007 Page 9 Minutes Southold Town Board Meeting New Suffolk: Joan Robbins Tom Samuels, Jr. Jerry Schultheis Michael Simon Brian Andrews James Baker III Patricia (Pat) McIntyre Kim Petrie Stephan Roussan Orient: Glynis Berry Margaret Minichini Linton Duell Janet Markarian Priscilla Bull Ted Webb Keri Christ Jim Latham Rona Smith’ Maureen Culinaire Deborah Dumont Peconic: Dave Cichanowicz Andrew Greene Bill Grigonis Robert Adipietro Rich Bohner Sara Evans Southold: Susan Krupski Fisher Alice Hussie John May Tom McCarthy John Nickles, Jr. John Rooney Marian Salerno Leslie Kanes Weisman Donald Wilson Caroline MacArthur John Sepenoski Rich Caggiano John Romanelli Kris Pilles Pat Moore Herb Adler Vote Record - Resolution RES-2007-940 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Seconder ?? Adopted as Amended ???????? William P. Edwards Initiator ?? Defeated ?????????? Tabled Daniel C. Ross Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter 2007-941 CATEGORY: Budget Modification DEPARTMENT: Highway Department Budget Modification - Highway P/T RESOLVED modifies the 2007 Highway that the Town Board of the Town of Southoldhereby Fund Part Town budget as follows: To : DB.5140.4.100.125 Brush & Weeds/Miscellaneous $1,972.47 Contractual Expense Supplies & Materials Miscellaneous Supplies December 18, 2007 Page 10 Minutes Southold Town Board Meeting DB.5140.4.100.600 Brush & Weeds/Miscellaneous $1,500.00 Contractual Expense Supplies & Materials Uniforms From: DB.5140.1.100.100 Brush & Weeds/Miscellaneous $3,472.47 Personal Services Full-Time Employees Regular Earnings Vote Record - Resolution RES-2007-941 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Voter ?? Adopted as Amended ???????? William P. Edwards Voter ?? Defeated ?????????? Tabled Daniel C. Ross Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter 2007-942 CATEGORY: Authorize to Bid DEPARTMENT: Town Clerk Reject All Bids and Rebid Sand, Gasoline, and Removal of Scrap Tires RESOLVEDrejects any and all bids that the Town Board of the Town of Southold hereby received for the 2008 bulk sand no bids were received for gasoline and removal of scrap and tires , therefore, be it RESOLVEDauthorized and directed to re-bid 2008 bulk sand, gasoline that the Town Clerk be and removal of scrap tires. Vote Record - Resolution RES-2007-942 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Voter ?? Adopted as Amended ???????? William P. Edwards Seconder ?? Defeated ?????????? Tabled Daniel C. Ross Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter 2007-943 CATEGORY: Budget Modification DEPARTMENT: Police Dept December 18, 2007 Page 11 Minutes Southold Town Board Meeting 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.3120.2.300.100 Automobiles $1,720.00 To: A.3120.2.500.850 Traffic Cones/Barricades $1,720.00 Vote Record - Resolution RES-2007-943 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Voter ?? Adopted as Amended ???????? William P. Edwards Voter ?? Defeated ?? Tabled ???????? Daniel C. Ross Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter 2007-944 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.3130.4.400.700 Dock Rental $2,600.00 To: A.3130.4.100.500 Equipment Parts/Supplies $2,600.00 Vote Record - Resolution RES-2007-944 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Initiator ?? Adopted as Amended ???????? William P. Edwards Seconder ?? Defeated ?????????? Tabled Daniel C. Ross Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter 2007-945 December 18, 2007 Page 12 Minutes Southold Town Board Meeting CATEGORY: Budget Modification DEPARTMENT: Land Preservation Budget Mod - Land Preservation RESOLVEDhereby modifies the 2007 that the Town Board of the Town of Southold Community Preservation Fund (2% tax) budget as follows: From: H3.8710.1.100.100 Regular Earnings $ 6,300.00 H3.8710.1.100.200 Overtime Earnings 3,200.00 To: H3.8710.1.100.300 Vacation Earnings $ 6,300.00 H3.8710.1.100.400 Sick Earnings 3,200.00 Vote Record - Resolution RES-2007-945 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Seconder ?? Adopted as Amended ???????? William P. Edwards Initiator ?? Defeated ?????????? Tabled Daniel C. Ross Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter 2007-946 CATEGORY: Budget Modification DEPARTMENT: Accounting Modify Budget for Vac-All Drain Cleaner RESOLVEDchanges the 2007 budget as that the Town Board of the Town of Southold hereby follows: Capital Fund To: Revenues: H.5031.31 Interfund Transfers $668.00 To: Appropriations: H.5130.2.300.300 Vac-All Drain Cleaner $668.00 Highway Fund Part Town December 18, 2007 Page 13 Minutes Southold Town Board Meeting To: DB.9901.9.000.100 Transfer to Capital Fund $668.00 From: DB.5130.2.300.200 Heavy Duty Vehicles $668.00 Vote Record - Resolution RES-2007-946 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Voter ?? Adopted as Amended ???????? William P. Edwards Seconder ?? Defeated ?????????? Tabled Daniel C. Ross Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter 2007-947 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Westphalia Ave Drainage RESOLVEDchanges the 2007 budget as that the Town Board of the Town of Southold hereby follows: Capital Fund To: Revenues: H.5031.30 Interfund Transfers $4,083.65 To: Appropriations: H.8540.2.100.100 Drainage Capital Outlay Stormwater Mitigation Projects $4,083.65 Highway Fund Part Town To: DB.9901.9.000.100 Transfer to Capital Fund $4,083.65 From: DB.5110.4.100.900 Resurfacing Projects $4,083.65 December 18, 2007 Page 14 Minutes Southold Town Board Meeting Vote Record - Resolution RES-2007-947 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Voter ?? Adopted as Amended ???????? William P. Edwards Voter ?? Defeated ?? Tabled ???????? Daniel C. Ross Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter 2007-948 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Salary Increase for FIFD Freight Agt Nick Espinosa RESOLVEDas a result of completing one year as that the Town Board of the Town of Southold, a freight agent hereby increases the salary of Nicholas Espinosa to $15.68 per hour, effective December 20, 2007. Vote Record - Resolution RES-2007-948 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Seconder ?? Adopted as Amended ???????? William P. Edwards Voter ?? Defeated ?? Tabled ???????? Daniel C. Ross Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter 2007-949 CATEGORY: Bid Acceptance DEPARTMENT: Police Dept Accept the Bid of Hoppy’s Cleaners for Police Uniform Cleaning for 2008 RESOLVED accepts the bid of Hoppy's that the Town Board of the Town of Southold hereby Cleaners to supply the town with police uniform cleaning for 2008 in the amounts set forth in their bid, all in accordance with the Town Attorney. Vote Record - Resolution RES-2007-949 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Initiator ?? Adopted as Amended ???????? William P. Edwards Seconder ?? Defeated ?????????? Tabled Daniel C. Ross Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter December 18, 2007 Page 15 Minutes Southold Town Board Meeting 2007-950 CATEGORY: Bid Acceptance DEPARTMENT: Police Dept Accept the Bid of Charles Greenblatt, Inc., to Provide Police Uniforms for 2008 RESOLVED accepts the bid of Charles that the Town Board of the Town of Southold hereby Greenblatt, Inc., to supply the town with Police Uniforms for the year 2008 in the amounts set forth in their bid, all in accordance with the Town Attorney. Vote Record - Resolution RES-2007-950 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Seconder ?? Adopted as Amended ???????? William P. Edwards Initiator ?? Defeated ?? Tabled ???????? Daniel C. Ross Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter 2007-951 CATEGORY: Budget Modification DEPARTMENT: Public Works DPW Budget Mod - Part-Time Employees RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: From: A.5650.4.100.100 Off-Street Parking, C.E. Miscellaneous Supplies $ 4,925.00 A.5650.4.100.905 Off-Street Parking, C.E. Asphalt $ 6,485.00 A.1620.4.100.100 Buildings & Grounds, C.E. Miscellaneous Supplies $ 5,600.00 December 18, 2007 Page 16 Minutes Southold Town Board Meeting To: A.1620.1.200.100 Buildings & Grounds, P.S. Part-Time Employees $17,010.00 Vote Record - Resolution RES-2007-951 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Voter ?? Adopted as Amended ???????? William P. Edwards Seconder ?? Defeated ?????????? Tabled Daniel C. Ross Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter 2007-952 CATEGORY: Organizational DEPARTMENT: Town Clerk Set Fees for 2008 Beach Permits RESOLVEDchanges the fees for the that the Town Board of the Town of Southold hereby beach parking permits beginning with the 2008 permits as follows: Daily Parking Permit shall be $25.00 each and the Non-Resident Seasonal Parking Permit shall be $150.00 each. Vote Record - Resolution RES-2007-952 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Voter ?? Adopted as Amended ???????? William P. Edwards Voter ?? Defeated ?????????? Tabled Daniel C. Ross Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter 2007-953 CATEGORY: Budget Modification DEPARTMENT: Recreation Budget Modification - Recreation RESOLVEDmodifies the 2007 General that the Town Board of the Town of Southold hereby Fund, Whole Town Budget as follows: FROM: A7020.4.500.420 Youth Program Instructors $1,700.00 TO: A7020.1.100.200 Personal Services $ 500.00 December 18, 2007 Page 17 Minutes Southold Town Board Meeting Overtime Earnings A7020.1.200.100 Part time Employees $1,200.00 Regular Earnings Vote Record - Resolution RES-2007-953 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Voter ?? Adopted as Amended ???????? William P. Edwards Voter ?? Defeated ?????????? Tabled Daniel C. Ross Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter 2007-954 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Planning Department Budget Mod RESOLVEDmodifies the Planning that the Town Board of the Town of Southold hereby Department’s 2007 budget as follows: To: B8020.4.600.300 Travel Reimbursement $ 500.00 B8020.1.100.300 Vacation Earnings 4,200.00 From: B8020.1.100.100 Regular Earnings $4,700.00 Vote Record - Resolution RES-2007-954 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Initiator ?? Adopted as Amended ???????? William P. Edwards Seconder ?? Defeated ?????????? Tabled Daniel C. Ross Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter 2007-955 CATEGORY: Attend Seminar DEPARTMENT: Town Attorney Code Enforcement Training RESOLVEDgrants permission to Director that the Town Board of the Town of Southold hereby of Code Enforcement Ed Forrester to attend in-service training courses for Code Enforcement December 18, 2007 Page 18 Minutes Southold Town Board Meeting certification on December 19, 2007 (Pomona) and December 20, 2007 (Binghamton) , travel to be by town vehicle. Vote Record - Resolution RES-2007-955 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Seconder ?? Adopted as Amended ???????? William P. Edwards Initiator ?? Defeated ?????????? Tabled Daniel C. Ross Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter 2007-956 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification General Fund Whole Town RESOLVEDmodifies the 2007 General that the Town Board of the Town of Southold hereby Fund Whole Town Budget as follows: To : A.1010.4.500.300 Town Board, Environmental Consultant $ 2,500 A.1010.4.500.800 Town Board, Appraisals 5,000 A.1010.4.600.200 Town Board, Meetings & Seminars 2,000 A.1010.4.600.300 Town Board, Travel Expenses 200 A.1220.1.100.100 Supervisor, FT Regular Earnings 3,200 A.1220.1.300.100 Supervisor, Seasonal Regular Earnings 3,000 A.1355.1.100.100 Assessors, FT Regular Earnings 500 A.1490.1.100.300 Public Works Administration, Vacation Earnings 2,800 A.1490.1.100.400 Public Works Administration, Sick Earnings 4,000 A.1620.1.200.100 Buildings & Grounds, PT Regular Earnings 17,000 A.3640.1.200.100 Emergency Preparedness, Regular Earnings 1,000 A.3640.4.400.100 Emergency Preparedness, FI Deputy 500 A.5010.1.100.300 Sup of Highway, FT Vacation Earnings 7,800 A.5010.1.100.400 Sup of Highways, FT Sick Earnings 3,600 A.6772.1.100.100 Programs for the Aging, FT Regular Earnings 15,000 A.7020.1.100.100 Recreation, FT Regular Earnings 250 A.7020.1.100.200 Recreation, FT Overtime Earnings 500 A.7020.1.200.100 Recreation, PT Regular Earnings 2,000 A.7510.1.200.100 Historian, PT Regular Earnings 325 A.7520.1.200.100 Historic Preservation, PT Regular Earnings 225 A.8090.1.300.200 Trustees, Seasonal Overtime Earnings 200 A.8660.1.100.100 Community Development, Regular Earnings 1,400 A.8660.1.100.300 Community Development, Vacation Earnings 425 December 18, 2007 Page 19 Minutes Southold Town Board Meeting A.9089.8.000.100 Medical Insurance Buyout 4,000 From : A.1220.1.100.400 Supervisor, FT Sick Earnings 5,000 A.1220.1.200.100 Supervisor, PT Regular Earnings 1,200 A.1355.1.100.200 Assessors, FT Overtime Earnings 500 A.1490.1.100.100 Public Works Administration, Regular Earnings 4,900 A.1620.1.100.100 Buildings & Grounds, FT Regular Earnings 19,825 A.1990.4.100.100 Unallocated Contingent 9,700 A.3640.2.500.700 Emergency Preparedness, Comm Equipment 1,500 A.5010.1.100.100 Sup of Highways, FT Regular Earnings 800 A.6772.1.200.100 Programs for the Aging, PT Regular Earnings 15,000 A.7020.4.500.420 Recreation, Youth Program Instructors 2,750 A.7510.1.300.100 Historian, Seasonal Regular Earnings 325 A.7520.4.400.100 Historic Preservation, Public Information 139 A.7520.4.600.200 Historic Preservation, Meetings & Seminars 86 A.8090.1.300.100 Trustees, Seasonal Regular Earnings 200 A.8660.1.100.400 Community Development, Sick Earnings 900 A.9055.8.000.100 CSEA Benefit Fund 5,100 A.9730.7.000.000 BAN Interest 9,500 Vote Record - Resolution RES-2007-956 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Voter ?? Adopted as Amended ???????? William P. Edwards Voter ?? Defeated ?????????? Tabled Daniel C. Ross Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter 2007-957 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification -- General Fund Part Town RESOLVEDmodifies the 2007 General that the Town Board of the Town of Southold hereby Fund Part Town budget as follows: To : B.1420.1.100.100 Town Attorney, Regular Earnings $ 1 B.3620.1.100.100 Building Department, Regular Earnings 3,600 B.3989.1.200.100 Architectural Review, Regular Earnings 250 B.9089.8.000.100 Medical Plan Buyout 600 From : December 18, 2007 Page 20 Minutes Southold Town Board Meeting B.1420.1.100.200 Town Attorney, Overtime Earnings $ 1 B.3620.1.100.200 Building Department, Overtime Earnings 3,600 B.1990.4.100.100 Unallocated Contingencies 850 Vote Record - Resolution RES-2007-957 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Voter ?? Adopted as Amended ???????? William P. Edwards Seconder ?? Defeated ?????????? Tabled Daniel C. Ross Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter 2007-958 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification-Wastewater District RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby Wastewater Disposal District budget as follows: From: SS1.8130.4.500.200 Engineering $ 1,500 To: SS1.8130.4.400.600 Building Maintenance/Repairs $ 1,500 Vote Record - Resolution RES-2007-958 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Voter ?? Adopted as Amended ???????? William P. Edwards Voter ?? Defeated ?????????? Tabled Daniel C. Ross Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter 2007-959 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification-FI Sewer District RESOLVEDmodifies the 2007 Fishers that the Town Board of the Town of Southold hereby Island Sewer District budget as follows: December 18, 2007 Page 21 Minutes Southold Town Board Meeting From: SS2.8160.4.000.000 Refuse & Garbage $2,500 To: SS2.1440.4.000.000 Engineer $ 2,500 Vote Record - Resolution RES-2007-959 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Initiator ?? Adopted as Amended ???????? William P. Edwards Seconder ?? Defeated ?????????? Tabled Daniel C. Ross Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter 2007-960 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk Amend Resolution 2007-898 RESOLVED amends resolution 2007-898, that the Town Board of the Town of Southold hereby adopted at the November 20, 2007 regular Town Board meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby grants permission to the following elected or appointed officials to attend the New York State Association of Towns Annual Meeting in New York City on February 17-20, 2008: Supervisor, Councilmen, Town Clerk, Town Assessors, Assistant Assessment Clerk, Town Attorney, Assistant Town Attorneys, Town Engineer, Town Justices, Justice Court Clerks, Executive Assistant to Supervisor, Receiver of Taxes Clerk Vicki DeFriest, Superintendent of Highways, Deputy Comptroller, Administrative Assistant , Solid Waste Coordinator, Code Enforcement Officer, designated and Board members Building Department staff, designated Planning Department staff , designated Zoning Board of Appeals Members. All expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2008 town budget (meetings and seminars) and be it FURTHER RESOLVED that the Members of the Zoning Board of Appeals and Planning Board are granted permission to attend the Annual Meeting of the Association of Towns on a day trip basis. December 18, 2007 Page 22 Minutes Southold Town Board Meeting Vote Record - Resolution RES-2007-960 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Voter ?? Adopted as Amended ???????? William P. Edwards Initiator ?? Defeated ?? Tabled ???????? Daniel C. Ross Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter 2007-961 CATEGORY: Organizational DEPARTMENT: Town Clerk Set Shellfish Permit Fees RESOLVEDsets the fees beginning with that the Town Board of the Town of Southold hereby the 2008 Shellfish Permits as follows: Commercial Permit $50.00 and Non-Resident Non- Commercial Permit $50.00 . Vote Record - Resolution RES-2007-961 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Voter ?? Adopted as Amended ???????? William P. Edwards Seconder ?? Defeated ?? Tabled ???????? Daniel C. Ross Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter 2007-962 CATEGORY: Refund DEPARTMENT: Town Clerk Building Dept Refund to Serrano RESOLVED authorizes a refund of the that the Town Board of the Town of Southold hereby $200 application fee for Building Permit #33361 by Luis Serrano , as recommended by the Building Department. Vote Record - Resolution RES-2007-962 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Voter ?? Adopted as Amended ???????? William P. Edwards Seconder ?? Defeated ?????????? Tabled Daniel C. Ross Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter December 18, 2007 Page 23 Minutes Southold Town Board Meeting 2007-933 Tabled 12/4/2007 7:30 PM CATEGORY: Enact Local Law DEPARTMENT: Town Attorney Enact LL Chapter 275 WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, on the 9th day of October, 2007 and the 7 day of November, 2007 a Local “A Local Law in relation to Amendments to Chapter 275 (Wetlands & Shoreline)” Law entitled and be it further WHEREAS that 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 therefore be it RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed Local “A Local Law in relation to Amendments to Chapter 275 (Wetlands & Shoreline)” Law entitled, reads as follows: LOCAL LAW NO. 23 of 2007 “A Local Law in relation to Amendments to Chapter 275 (Wetlands & A Local Law entitled, Shoreline)” . 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. December 18, 2007 Page 24 Minutes Southold Town Board Meeting 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 has essentially retained its purpose and use within the 24 months preceding the operations or activities at issue, as determined by the Board of Trustees. NONDISTURBANCE BUFFER – An A vegetated area, typically 50 feet wide a minimum of 30 feet wide or 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 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 provided they are limited to the use of non- invasive native species of vegetation. Re-grading and removal of trees are not considered such ordinary and usual operations.. landward of the wetland boundary. (5) The ordinary and usual maintenance or repair (of the same dimensions) of a presently permitted existing a functional building, dock, pier, wharf, jetty, groin, dike, dam or other water-control device or structure, for which structure a wetland permit has been issued by the Town. (10) Installation of new or replacement windows, roof shingles, doors, dormers and siding on existing structures only. (11) Notwithstanding the above listed exceptions, operations within a designated non-disturbance buffer are prohibited. B. Nothing contained in this section shall alter the jurisdiction of the Southold Town December 18, 2007 Page 25 Minutes Southold Town Board Meeting 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, in accordance with the standards set forth in §275-11: (j) The reconstruction of a permitted bulkhead as per §275-11, which is to replace an existing functional bulkhead, subject to the following: [3] Any such activities operations 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 or greater from wetlands in an existing, established yard area when more appropriate upland placement is not possible. Installation or burial of a propane tank less than 25 feet from wetlands is prohibited. (p) Dredging work necessitated 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. §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 Trustees’ stamped 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. Trustees reserve the right to permit erection of a fence where the applicant has shown that there is a need to protect his/her private property. In these rare cases, only split-rail fences are allowed on beaches and wetlands. Such fences shall be perpendicular to the waterline and not closer than 10 December 18, 2007 Page 26 Minutes Southold Town Board Meeting feet to MHW. Only one posted sign per 100 linear feet of fence is allowed. Posted signs shall be no larger than 12 inches by 12 inches square. Any 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. (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 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 December 18, 2007 Page 27 Minutes Southold Town Board Meeting 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 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. December 18, 2007 Page 28 Minutes Southold Town Board Meeting [3] [d] No floating docks, floats, dock components, duck blinds or boats shall be stored on tidal wetlands, other intertidal areas or freshwater wetlands. (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 or 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; [i] Residential boatlifts, floating or fixed, are prohibited, except in privately owned basins on private property at the discretion of the Board of 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. §275-12 A Standards for Issuance of permit §275-12 B Stop work orders. A. The Bay Constable or Code Enforcement Officer is authorized to issue stop-work orders pursuant to this section. The Bay Constable or Code Enforcement Officer shall issue a stop work order to halt: (1) Any work that is determined by the Bay Constable or Code December 18, 2007 Page 29 Minutes Southold Town Board Meeting Enforcement Officer to be contrary to any applicable provision of this Chapter, or: (i) Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Bay Constable or Code Enforcement Officer, without regard to whether such work is or is not work for which a Trustee permit is required, and without regard to whether a Trustee permit has or has not been issued for such work; or (ii) Any work for which a Trustee permit is required which is being performed without the required Trustee permit, or under a Trustee permit that has become invalid, has expired, or has been suspended or revoked. B. Stop work orders shall: (1) Be in writing; (2) Be dated and signed by the Bay Constable or Code Enforcement Officer; (3) State the reason or reasons for issuance; (4) If applicable, state the conditions which must be satisfied before work will be permitted to resume. C. The Bay Constable or Code Enforcement Officer shall cause the stop work order, or a copy thereof, to be served on the owner of the affected property, and if the owner is not the permit holder, on the permit holder, personally or by certified mail to the owner or permit holder and posting at the work site. The Bay Constable or Code Enforcement Officer shall be permitted, but not required, to cause the stop work order, or a copy thereof, to be served on any or all of the following: builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop work order, personally or by certified mail and posting; provided, however, that failure to serve any person listed above shall not affect the efficacy of the stop work order. D. Upon issuance of the stop work order, the owner of the affected property, the permit holder and any other person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the stop work order. E. The issuance of a stop work order shall not be the exclusive remedy available to address any event described in this section, and the authority to issue a stop work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under any other applicable local or state law. Any such remedy or penalty may be pursued at any time, whether prior to, December 18, 2007 Page 30 Minutes Southold Town Board Meeting at the time of, or after the issuance of a stop work order. §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 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 may 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. (3) Failure to heed a cease and desist order stop work order. Any person conducting operations in direct contradiction to the terms of a cease and desist stop work order shall be subject to a fine of not less than $1,000 and not more than $2000. $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 $2000 $7,500 or a term of imprisonment of not less than 15 days nor more than six months, or both. (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. December 18, 2007 Page 31 Minutes Southold Town Board Meeting C. No new permits will be issued to any carter, owner, 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-2007-933 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Initiator ?? Adopted as Amended ???????? William P. Edwards Seconder ?? Defeated ?????????? Tabled Daniel C. Ross Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter 2007-964 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Accounting Kronos Contract RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to sign an agreement with Kronos for professional services , in regard to the finalization of Kronos Time Management Phase One, dated November 29, 2007 in an amount not to exceed $4,320.00, all in accordance with the Town Attorney. Vote Record - Resolution RES-2007-964 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Initiator ?? Adopted as Amended ???????? William P. Edwards Seconder ?? Defeated ?????????? Tabled Daniel C. Ross Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter 2007-965 CATEGORY: Employment - Town DEPARTMENT: Town Clerk December 18, 2007 Page 32 Minutes Southold Town Board Meeting Appoint Sandra Berliner P/T Clerk Typist for Supv. RESOLVEDappoints Sandra Berliner to that the Town Board of the Town of Southold hereby the position of Part-Time Clerk Typist for the Town Supervisor’s Office, effective December 11, 2007, at a rate of $15.00 per hour. Vote Record - Resolution RES-2007-965 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Seconder ?? Adopted as Amended ???????? William P. Edwards Initiator ?? Defeated ?????????? Tabled Daniel C. Ross Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter 2007-966 CATEGORY: Legal DEPARTMENT: Town Attorney Oki-Do Unsafe Building WHEREAS the Town Board of the Town of Southold adopted resolution #2007-927 on December 4, 2007 declaring that the structures located on the property owned by OKI-DO, Ltd. located on Shipyard Lane, East Marion, also known as SCTM# 1000-38-7-7.1 are unsafe and dangerous to the public; and it is hereby RESOLVED that the Town Board, in furtherance of the aforementioned resolution, hereby orders that the waterfront area be made safe by the removal of debris located thereon, owner to contact Board of Trustees prior to commencement of work to secure any necessary permits. Vote Record - Resolution RES-2007-966 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Voter ?? Adopted as Amended ???????? ??William P. Edwards Voter Defeated ?????????? Tabled Daniel C. Ross Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter 2007-967 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Ratify a Settlement CSEA December 18, 2007 Page 33 Minutes Southold Town Board Meeting WHEREASratifies a settlement agreement the Town Board of the Town of Southold hereby with the CSEA dated December 6, 2007. Vote Record - Resolution RES-2007-967 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Voter ?? Adopted as Amended ???????? William P. Edwards Voter ?? Defeated ?????????? Tabled Daniel C. Ross Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter 2007-968 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Settlement Proceedings - Tax Assessors WHEREAS , tax certiorari proceedings were commenced against the Town of Southold by certain petitioners seeking reductions in the assessment for certain properties for various tax years as more fully set forth in attached schedule; and WHEREAS , Scott DeSimone, PLLC, Special Counsel for the Town has recommended settlement of these proceedings as set forth in attached schedule; and WHEREAS , the proposed settlements implementing reductions in assessment appear to be just, reasonable, and in the best interests of the Town of Southold; NOW THEREFORE BE IT RESOLVED , the Town Board hereby authorizes Special Counsel for the Town to procure any papers necessary to effectuate such settlements and execute the same; and be it further RESOLVEDdirected to forward a copy of this resolution to , the Town Clerk be and is hereby the Board of Assessors, the Town Attorney and Scott DeSimone, PLLC, Special Counsel. December 18, 2007 Page 34 Minutes Southold Town Board Meeting Vote Record - Resolution RES-2007-968 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Voter ?? Adopted as Amended ???????? William P. Edwards Voter ?? Defeated ?? Tabled ???????? Daniel C. Ross Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter 2007-969 CATEGORY: Policies DEPARTMENT: Town Attorney Police Dept Rules & Procedure - ICE WHEREAS Federal Immigration & Citizenship Enforcement (ICE) operations have been conducted in Southold Town and can be expected in the future; WHEREAS the Southold Town Police Department has been and will be requested to join ICE agents in these operations; WHEREAS the Southold Town Police Department follow a set of policies and procedures set forth as "Rules and Procedures of the Southold Town Police"; WHEREAS the Southold Town Police Department operate subject to the rules and regulations prescribed by the Southold Town Board; WHEREAS the Southold Town Police Department regularly cooperates with law enforcement agents from other jurisdictions when they operate in Southold; now, therefore be it RESOLVED that the Town Board of the Town of Southold, acting in its capacity as Police notes and endorses the following procedure adopted by the Police Commissioners, hereby Department: The Southold Town Police will limit their cooperation with ICE operations to cases in which evidence exists that the person(s) for whom they have a warrant currently live at the addresses on the warrant. December 18, 2007 Page 35 Minutes Southold Town Board Meeting and be it further RESOLVED directs the Police Department to continue to that the Southold Town Board hereby follow this procedure and officially add it to their set of "Rules and Procedures" of the Town of Souhold. Vote Record - Resolution RES-2007-969 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Initiator ?? Adopted as Amended ???????? William P. Edwards Seconder ?? Defeated ?????????? Tabled Daniel C. Ross Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter 2007-970 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Retain DeSimone - Assessors RESOLVEDretains Scott DeSimone, Esq., that the Town Board of the Town of Southold hereby as special counsel to the Assessors, at a rate of $195.00 per hour as of January 1, 2008. Vote Record - Resolution RES-2007-970 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Seconder ?? Adopted as Amended ???????? William P. Edwards Initiator ?? Defeated ?? Tabled ???????? Daniel C. Ross Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter 2007-971 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Given Assc & Brunswick Appraisal Service RESOLVEDretains Given Associates, that the Town Board of the Town of Southold hereby LLC, and Brunswick Appraisal Corp., to prepare appraisals to be utilized by the Town Board in setting the price for development right sales for participants in the AgPDD pursuant to Town Code Section 280-176. December 18, 2007 Page 36 Minutes Southold Town Board Meeting Vote Record - Resolution RES-2007-971 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Voter ?? Adopted as Amended ???????? William P. Edwards Seconder ?? Defeated ?????????? Tabled Daniel C. Ross Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter 2007-972 CATEGORY: Seqra DEPARTMENT: Town Attorney Type II SEQRA LL/Landmarks Exempt RESOLVEDfinds that the adoption of the that the Town Board of the Town of Southold hereby local law entitled“A Local Law in relation to Tax Exemption for Alteration and Rehabilitation of Landmarked Properties” is classified a Type II Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617.5, is not subject to review under SEQRA, and such action is exempt from review under Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Vote Record - Resolution RES-2007-972 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Voter ?? Adopted as Amended ???????? William P. Edwards Voter ?? Defeated ?????????? Tabled Daniel C. Ross Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter 2007-973 CATEGORY: Seqra DEPARTMENT: Town Attorney Type II SEQRA LL/Cold War Veterans RESOLVEDfinds that the adoption of the that the Town Board of the Town of Southold hereby local law entitled “A Local Law in relation to Tax Exemption for Cold War Veterans” 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. December 18, 2007 Page 37 Minutes Southold Town Board Meeting Vote Record - Resolution RES-2007-973 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Voter ?? Adopted as Amended ???????? William P. Edwards Voter ?? Defeated ?????????? Tabled Daniel C. Ross Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter 2007-974 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Landmark Exempt WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 20th day of November, 2007 a Local Law entitled relation to Tax Exemption for Alteration and Rehabilitation of Landmarked Properties” 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 THERE FOR BE IT RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed Local “A Local Law in relation to Tax Exemption for Alteration and Rehabilitation of Law entitled, Landmarked Properties” reads as follows: LOCAL LAW NO. 24 of 2007 “A Local Law in relation to Tax Exemption for Alteration and A Local Law entitled, Rehabilitation of Landmarked Properties” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I.Purpose. December 18, 2007 Page 38 Minutes Southold Town Board Meeting The Town Board of the Town of Southold hereby finds and determines that the preservation of historic property is essential to maintaining the culture and history of Southold Town. This Town Board also finds and determines that owners of historic real property will be more willing to alter or rehabilitate such property if they were to receive incentives in the form of property tax exemptions. Therefore, the purpose of this law is to opt into the State program to provide a real property tax exemption for historic property with Town landmark status located within the Town of Southold to the extent of any increase in value attributable to alterations or rehabilitation, in order to promote historic preservation in the Town of Southold. II. A new Article VIII of Chapter 245 of the Code of the Town of Southold is hereby enacted as follows: ARTICLE VIII Exemption for Historic Properties §245-9. Real Property Tax Exemption. The Town of Southold hereby grants an exemption from taxation and special ad valorem levies as authorized under Section 444-a of the NEW YORK REAL PROPERTY TAX LAW and as provided herein: A. Property located within the Town of Southold designated as “historic” pursuant to Chapter 170 of the Town Code of the Town of Southold shall be exempt from taxation and special ad valorem levies imposed by or on behalf of the Town of Southold, to the extent of any increase in value attributable to alteration or rehabilitation pursuant to the following schedule: Year of Exemption Percent of Exemption 1 100 2 100 3 100 4 100 5 100 6 80 7 60 8 40 9 20 10 0 B. No such exemption shall be granted unless: i. Such property has been designated as “historic” pursuant to Chapter 170 of the Town Code of the Town of Southold; ii. Alterations or rehabilitation must be made for means of historic preservation; iii. Such alterations or rehabilitation of “historic” property meet the December 18, 2007 Page 39 Minutes Southold Town Board Meeting guidelines and review standards of Chapter 170 of the Town Code of the Town of Southold; iv. Such alterations or rehabilitation of “historic” property are approved by the Town of Southold Historic Preservation Commission; v. Alterations or rehabilitation are commenced subsequent to the effective date of this local law. C. Such exemption shall be granted only by application of the owner or owners of such “historic” real property on a form prescribed by the State Board of Real Property Services. The application shall be filed with the Town of Southold Assessors on or before the appropriate taxable status date of Suffolk County. D. Such exemption shall be granted where the Town of Southold Assessors are satisfied that the applicant is entitled to an exemption pursuant to this law. The Assessor shall approve such application and such property shall thereafter be exempt from taxation as herein provided commencing with the assessment roll prepared on the basis of the taxable status date referred to in subdivision (A) of this section. The assessed value of any exemption granted pursuant to this law shall be entered by the Assessor on the assessment roll with the taxable property, with the amount of the exemption shown in a separate column. 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 apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January 1, 2008. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. The Southold Town Clerk is directed to forward a copy of this Local Law to the State Board of Real Property Services and the Southold Town Assessors. Vote Record - Resolution RES-2007-974 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Voter ?? Adopted as Amended ???????? William P. Edwards Seconder ?? Defeated ?????????? Tabled Daniel C. Ross Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter 2007-975 December 18, 2007 Page 40 Minutes Southold Town Board Meeting CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact Cold War Veterans LL WHEREAS , there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 20th day of November, 2007 a Local Law entitled relation to Tax Exemption for Cold War Veterans” 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 will be given an opportunity to be heard, now therefor be it RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed Local “A Local Law in relation to Tax Exemption for Cold War Veterans” Law entitled, reads as follows: LOCAL LAW NO. 25 of 2007 “A Local Law in relation to Tax Exemption for Cold War Veterans” A Local Law entitled, . BE IT ENACTED by the Town Board of the Town of Southold as follows: I.Purpose. The Town Board of the Town of Southold wishes to opt into the New York State Real Property Tax Law exemption provided to Cold War Veterans. This extension of the existing veterans partial exemption to veterans of the Cold War period is an appropriate accommodation and recognition of these valued individuals, to the fullest extent permitted by New York State law. II. A new Article VII of Chapter 245 of the Code of the Town of Southold is hereby enacted as follows: ARTICLE VII Exemption for Cold War Veterans §245-17. Definitions. As used in this Article, the following terms shall have the meanings indicated. COLD WAR VETERAN – A person, male or female, who served on active duty for a period of more than three hundred sixty-five days in the United States armed forces, during the time period from September second, nineteen hundred forty-five to December twenty-sixth, nineteen hundred ninety-one, was discharged or released therefrom under honorable conditions and has been awarded the Cold War recognition certificate as authorized under Public Law 105-85, the 1998 National Defense Authorization Act. December 18, 2007 Page 41 Minutes Southold Town Board Meeting ARMED FORCES – The United States Army, Navy, Marine Corps, Air Force and Coast Guard. ACTIVE DUTY – Full-time duty in the United States armed forces, other than active duty for training. SERVICE CONNECTED – With respect to disability or death, such disability was incurred or aggravated, or that the death resulted from a disability incurred or aggravated, in line of duty on active military, naval or air service. QUALIFIED OWNER – A Cold War veteran, the spouse of a Cold War Veteran, or the unremarried surviving spouse of a deceased Cold War veteran. Where property is owned by more than one qualified owner, the exemption to which each is entitled may be combined. Where a veteran is also the unremarried surviving spouse of a veteran, such person may also receive any exemption to which the deceased spouse was entitled. QUALIFIED RESIDENTIAL REAL PROPERTY – Property owned by a qualified owner which is used exclusively for residential purposes; provided, however, that in the event that any portion of such property is not used exclusively for residential purposes, but is used for other purposes, such portion shall be subject to taxation and only the remaining portion used exclusively for residential purposes shall be subject to the exemption provided by this section. Such property shall be the primary residence of the Cold War Veteran or the unremarried surviving spouse of a Cold War Veteran; unless the Cold War Veteran or unremarried surviving spouse is absent from the property due to medical reasons or institutionalization for up to five years. LATEST STATE EQUALIZATION RATE – The latest final equalization rate established by the state board. LATEST CLASS RATIO – The latest final class ratio established by the state board for use in a special assessing unit. §245-18. Cold War Veterans Exemption. A. Qualifying residential real property shall be exempt from taxation to the extent of fifteen percent (15%) of the assessed value of such property; provided, however, that such exemption shall not exceed twelve thousand dollars or the product of twelve thousand dollars multiplied by the latest state equalization or the latest class ratio, whichever is less. B. In addition to the exemption provided by paragraph A of this section, where the Cold War Veteran received a compensation rating from the United States veterans affairs or from the United States department of defense because of a service connected disability, qualifying residential real property shall be exempt from taxation to the extent of the product of the assessed value of such property, multiplied by fifty percent of the Cold War veteran disability rating; provided, however, that such exemption shall not exceed forty thousand dollars, or the product of December 18, 2007 Page 42 Minutes Southold Town Board Meeting forty thousand dollars multiplied by the latest state qualization rate or the latest class ratio, whichever is less. C. If a Cold War veteran receives the exemption under Article VI of this Chapter, the Cold War veteran shall not be eligible to receive the exemption under this section. D. The exemption provided by paragraph A of this section shall be granted for a period of ten years. The commencement of such ten year period shall be governed pursuant to this subparagraph. Where a qualified owner owns qualifying residential real property on the effective date of this section such ten year period shall be measured from the assessment roll prepared pursuant to the first taxable status date occurring on or after the effective date of this section. Where a qualified owner does not own qualifying residential real property on the effective date of this section, such ten year period shall be measured from the assessment roll prepared pursuant to the first taxable status date occurring at least sixty days after the date of purchase of qualifying residential real property; provided, however, that should the veteran apply for and be granted an exemption on the assessment roll prepared pursuant to a taxable status date occurring within sixty days after the date of purchase of residential real property, such ten year period shall be measured from the first assessment roll in which the exemption occurs. If, before the expiration of such ten year period, such exempt property is sold and replaced with other residential real property, such exemption may be granted pursuant to this subdivision for the unexpired portion of the ten year exemption period. E. Application for exemption shall be made by the owner, or all of the owners, of the property on a form prescribed by the state board. The owner or owners shall file the completed form in the Assessor’s Office on or before the first appropriate taxable status date. The owner or owners of the property shall be required to refile each year. Applicants shall refile on or before the appropriate taxable status date. Any applicant convicted of willfully making any false statement in the application for such exemption shall be subject to the penalties prescribed in the penal law. 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 apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January 1, 2008. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. The Southold Town Clerk is directed to forward a copy of this Local Law to the State Board of Real Property Services and the Southold Town Assessors. December 18, 2007 Page 43 Minutes Southold Town Board Meeting Vote Record - Resolution RES-2007-975 ? Yes/Aye No/Nay Abstain Absent ? Adopted ? ? ? ? Albert Krupski Jr. Voter ?? Adopted as Amended ???????? William P. Edwards Voter ?? Defeated ?? Tabled ???????? Daniel C. Ross Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter VI. Public Hearings 1. Set PH Tax Exempt Landmark 12/18/07 4:35 COMMENTS - Current Meeting: NOTICE IS HEREBY GIVEN, COUNCILMAN WICKHAM: there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 20th day of November, “A Local Law in relation to Tax Exemption for Alteration and 2007 a Local Law entitled Rehabilitation of Landmarked Properties” 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, 18th day of December, 2007 at 4:35 p.m. Southold, New York, on the at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Tax Exemption for Alteration and The proposed Local Law entitled, Rehabilitation of Landmarked Properties” reads as follows: LOCAL LAW NO. 2007 “A Local Law in relation to Tax Exemption for Alteration and A Local Law entitled, Rehabilitation of Landmarked Properties” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I.Purpose. The Town Board of the Town of Southold hereby finds and determines that the preservation of historic property is essential to maintaining the culture and history of Southold Town. This Town Board also finds and determines that owners of historic real property will be more willing to alter or rehabilitate such property if they were to receive incentives in the form of property tax exemptions. Therefore, the purpose of this law is to opt into the State program to provide a real property tax exemption for historic property with Town landmark status located within the Town of Southold to the extent of any increase in value attributable to alterations or rehabilitation, in order to promote historic preservation in the Town of Southold. II. A new Article VIII of Chapter 245 of the Code of the Town of Southold is hereby enacted as follows: ARTICLE VIII December 18, 2007 Page 44 Minutes Southold Town Board Meeting Exemption for Historic Properties §245-9. Real Property Tax Exemption. The Town of Southold hereby grants an exemption from taxation and special ad valorem levies as authorized under Section 444-a of the NEW YORK REAL PROPERTY TAX LAW and as provided herein: A. Property located within the Town of Southold designated as “historic” pursuant to Chapter 170 of the Town Code of the Town of Southold shall be exempt from taxation and special ad valorem levies imposed by or on behalf of the Town of Southold, to the extent of any increase in value attributable to alteration or rehabilitation pursuant to the following schedule: Year of Exemption Percent of Exemption 1 100 2 100 3 100 4 100 5 100 6 80 7 60 8 40 9 20 10 0 B. No such exemption shall be granted unless: i. Such property has been designated as “historic” pursuant to Chapter 170 of the Town Code of the Town of Southold; ii. Alterations or rehabilitation must be made for means of historic preservation; iii. Such alterations or rehabilitation of “historic” property meet the guidelines and review standards of Chapter 170 of the Town Code of the Town of Southold; iv. Such alterations or rehabilitation of “historic” property are approved by the Town of Southold Historic Preservation Commission; v. Alterations or rehabilitation are commenced subsequent to the effective date of this local law. C. Such exemption shall be granted only by application of the owner or owners of such “historic” real property on a form prescribed by the State Board of Real Property Services. The application shall be filed with the December 18, 2007 Page 45 Minutes Southold Town Board Meeting Town of Southold Assessors on or before the appropriate taxable status date of Suffolk County. D. Such exemption shall be granted where the Town of Southold Assessors are satisfied that the applicant is entitled to an exemption pursuant to this law. The Assessor shall approve such application and such property shall thereafter be exempt from taxation as herein provided commencing with the assessment roll prepared on the basis of the taxable status date referred to in subdivision (A) of this section. The assessed value of any exemption granted pursuant to this law shall be entered by the Assessor on the assessment roll with the taxable property, with the amount of the exemption shown in a separate column. 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 apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January 1, 2008. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. The Southold Town Clerk is directed to forward a copy of this Local Law to the State Board of Real Property Services and the Southold Town Assessors. I have a notice that this has appeared in the Town Clerk’s bulletin board outside and I actually have the newspaper clipping where it appeared as a legal in our local paper and I don’t have any further notices in the file. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this local law? JIM GRATHWOHL: I am Jim Grathwohl, chairman of the Southold Town Landmarks Preservation Commission and I am joined by Mel Phaff, Ron Rossi, Larry Yungblut and Doug Constant, who are our commissioners. And I am speaking in favor of this law, we feel it is very important for several reasons. First of all, landmarks preservation is good business. It enhances the ambience of Southold Town, it brings not only tourists here; it brings new residents and we want to do everything possible to make it advantageous for owners of landmarks to feel comfortable in maintaining their landmarks and also in listing those landmarks on the Southold Town register. I am not going into detail of course, as you know, the specifics of the law are there and we feel it is to the benefit of all owners of landmarks even if they are not currently listed as a Southold Town landmark, to become a registrant and the procedure is easy. Again, we are not going into that detail but we encourage you, urge you in fact, to pass this law which we think is in the best interest of not only the taxpayers but of the Town itself. Thank you very much. Gentlemen, do you have any comments? December 18, 2007 Page 46 Minutes Southold Town Board Meeting MEL PHAFF: I am Mel Phaff, I am a resident of Southold and a proud owner of a Victorian lady and that is what they term these beautiful homes. My lady has expensive tastes and enacting a law such as this would help me to maintain the house and give it the dignity and the character that it deserved and also add to the Town. Thank you. SUPERVISOR RUSSELL: Thank you. RON ROSSI: My name is Ron Rossi from Southold, member of the Landmark Commission. I would like to just emphasize that this is not a loss of tax revenue, it is a deferment and eventual increase of tax revenue and I think that that is an important item to take into consideration. LARRY YUNGBLUT: Larry Yungblut of Southold. Also a member of the Landmark Preservation Commission and this law would help achieve and restore the landmarks we presently have in Southold, it will be an incentive for the owner to keep his property. SUPERVISOR RUSSELL: Thank you. DOUG CONSTANT: Last but not least, the newest member of the Historic Preservation Commission, Doug Constant from Orient. If you visit what was called State Street and is now called Skippers Lane you will see four houses right now undergoing substantial renovation or restoration and all you have to do is look into the future ten years to see how this is going to be a benefit to the tax rolls in Southold. We, most of the action right now is happening in Orient because we have so many of these historic houses and we have an influx of new residents and they are coming there because of the historic district that we have there, so I want to thank you in advance for your vote. MR. GRATHWOHL: In closing, I just also want to publicly thank Dan Ross and Bill Edwards for your fine service over the years. You have been supportive of historic preservation as well as other many great interests. We wish you the best of luck in the future and look forward to working with your successors. Thank you very much. COUNCILMAN ROSS: Thank you. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board on this local law? (No response) Can I get a motion to close the hearing? RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell 2. Set PH Tax Exempt Cold War 12/18/07 4:40 Pm COMMENTS - Current Meeting: NOTICE IS HEREBY GIVEN , COUNCILMAN WICKHAM: there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 20th day of November, “A Local Law in relation to Tax Exemption for Cold War Veterans” 2007 a Local Law entitled December 18, 2007 Page 47 Minutes Southold Town Board Meeting 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, 18th day of December, 2007 at 4:40 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 Tax Exemption for Cold War The proposed Local Law entitled, Veterans” reads as follows: LOCAL LAW NO. 2007 “A Local Law in relation to Tax Exemption for Cold War Veterans” A Local Law entitled, . BE IT ENACTED by the Town Board of the Town of Southold as follows: I.Purpose. The Town Board of the Town of Southold wishes to opt into the New York State Real Property Tax Law exemption provided to Cold War Veterans. This extension of the existing veterans partial exemption to veterans of the Cold War period is an appropriate accommodation and recognition of these valued individuals, to the fullest extent permitted by New York State law. II. A new Article VII of Chapter 245 of the Code of the Town of Southold is hereby enacted as follows: ARTICLE VII Exemption for Cold War Veterans §245-17. Definitions. As used in this Article, the following terms shall have the meanings indicated. COLD WAR VETERAN - A person, male or female, who served on active duty for a period of more than three hundred sixty-five days in the United States armed forces, during the time period from September second, nineteen hundred forty-five to December twenty-sixth, nineteen hundred ninety-one, was discharged or released therefrom under honorable conditions and has been awarded the Cold War recognition certificate as authorized under Public Law 105-85, the 1998 National Defense Authorization Act. ARMED FORCES - The United States Army, Navy, Marine Corps, Air Force and Coast Guard. ACTIVE DUTY - Full-time duty in the United States armed forces, other than active duty for training. SERVICE CONNECTED - With respect to disability or death, such disability was incurred or December 18, 2007 Page 48 Minutes Southold Town Board Meeting aggravated, or that the death resulted from a disability incurred or aggravated, in line of duty on active military, naval or air service. QUALIFIED OWNER - A Cold War veteran, the spouse of a Cold War Veteran, or the unremarried surviving spouse of a deceased Cold War veteran. Where property is owned by more than one qualified owner, the exemption to which each is entitled may be combined. Where a veteran is also the unremarried surviving spouse of a veteran, such person may also receive any exemption to which the deceased spouse was entitled. QUALIFIED RESIDENTIAL REAL PROPERTY - Property owned by a qualified owner which is used exclusively for residential purposes; provided, however, that in the event that any portion of such property is not used exclusively for residential purposes, but is used for other purposes, such portion shall be subject to taxation and only the remaining portion used exclusively for residential purposes shall be subject to the exemption provided by this section. Such property shall be the primary residence of the Cold War Veteran or the unremarried surviving spouse of a Cold War Veteran; unless the Cold War Veteran or unremarried surviving spouse is absent from the property due to medical reasons or institutionalization for up to five years. LATEST STATE EQUALIZATION RATE - The latest final equalization rate established by the state board. LATEST CLASS RATIO - The latest final class ratio established by the state board for use in a special assessing unit. §245-18. Cold War Veterans Exemption. A. Qualifying residential real property shall be exempt from taxation to the extent of fifteen percent (15%) of the assessed value of such property; provided, however, that such exemption shall not exceed twelve thousand dollars or the product of twelve thousand dollars multiplied by the latest state equalization or the latest class ratio, whichever is less. B. In addition to the exemption provided by paragraph A of this section, where the Cold War Veteran received a compensation rating from the United States veterans affairs or from the United States department of defense because of a service connected disability, qualifying residential real property shall be exempt from taxation to the extent of the product of the assessed value of such property, multiplied by fifty percent of the Cold War veteran disability rating; provided, however, that such exemption shall not exceed forty thousand dollars, or the product of forty thousand dollars multiplied by the latest state qualization rate or the latest class ratio, whichever is less. C. If a Cold War veteran receives the exemption under Article VI of this Chapter, the Cold War veteran shall not be eligible to receive the exemption under this section. D. The exemption provided by paragraph A of this section shall be granted for a period of ten years. The commencement of such ten year period shall be governed pursuant to this December 18, 2007 Page 49 Minutes Southold Town Board Meeting subparagraph. Where a qualified owner owns qualifying residential real property on the effective date of this section such ten year period shall be measured from the assessment roll prepared pursuant to the first taxable status date occurring on or after the effective date of this section. Where a qualified owner does not own qualifying residential real property on the effective date of this section, such ten year period shall be measured from the assessment roll prepared pursuant to the first taxable status date occurring at least sixty days after the date of purchase of qualifying residential real property; provided, however, that should the veteran apply for and be granted an exemption on the assessment roll prepared pursuant to a taxable status date occurring within sixty days after the date of purchase of residential real property, such ten year period shall be measured from the first assessment roll in which the exemption occurs. If, before the expiration of such ten year period, such exempt property is sold and replaced with other residential real property, such exemption may be granted pursuant to this subdivision for the unexpired portion of the ten year exemption period. E. Application for exemption shall be made by the owner, or all of the owners, of the property on a form prescribed by the state board. The owner or owners shall file the completed form in the Assessor’s Office on or before the first appropriate taxable status date. The owner or owners of the property shall be required to refile each year. Applicants shall refile on or before the appropriate taxable status date. Any applicant convicted of willfully making any false statement in the application for such exemption shall be subject to the penalties prescribed in the penal law. 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 apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January 1, 2008. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. The Southold Town Clerk is directed to forward a copy of this Local Law to the State Board of Real Property Services and the Southold Town Assessors. I should say that this is a standard New York State provision. We are opting into it. It already exists for veterans of real wars. This extends it to the period in between those wars to cold war veterans as well. It has appeared as a legal out there on the Town Clerk’s bulletin board and I have here the page from the newspaper where it appeared as a legal and I don’t have any further communications in the file. SUPERVISOR RUSSELL: Thank you. Would anybody like to come up and address the Town Board on this local law in regard to the veteran’s exemption? (No response) I would just ask you entertain me for one quick story. Several years ago as an Assessor, we had a gentleman come to my window. Robert Scott was waiting on him and he asked if we had given exemptions to World War II veterans, we said of course, please bring back proof of your dates of service and December 18, 2007 Page 50 Minutes Southold Town Board Meeting your discharge papers from the military. And he came back later that afternoon with his discharge papers from the German army. We had to explain to him that it was the right time frame, wrong side. JUSTICE EVANS: I move we close the hearing. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Statement SUPERVISOR RUSSELL: That concludes the business from the agenda. One thing I just want to ask, to go back to revisit 969 and just record me formally as a Nay vote on that. That was with regard to the immigration raids. I had asked the Police Advisory Committee to get involved in the issue, I would feel that I am asking them to get involved and then ignoring them when they asked me to table the resolution. So I am going to vote against that. COUNCILMAN WICKHAM: You are changing your vote? SUPERVISOR RUSSELL: Yes. TOWN CLERK NEVILLE: Okay. So recorded. JUSTICE EVANS: Can we still have PAC weigh in on it? SUPERVISOR RUSSELL: Hmm? JUSTICE EVANS: Weigh in on what they think? SUPERVISOR RUSSELL: Yeah, I still plan on talking to them. COUNCILMAN KRUPSKI: Oh, absolutely. COUNCILMAN WICKHAM: I would like to… SUPERVISOR RUSSELL: Would anybody like to come up and address the Board on any issue? TOM SKABRY: Once again, Tom Skabry for the CSEA. Unfortunately I wasn’t here for the last Town Board meeting and there was a public hearing on the Peconic Recycling and Transfer facility to be located in Cutchogue. I was wondering if I can have your permission to address you on that? SUPERVISOR RUSSELL: Sure, any issue, absolutely. MR. SKABRY: Okay. December 18, 2007 Page 51 Minutes Southold Town Board Meeting TOWN ATTORNEY FINNEGAN: The hearing will be re-adjourned at some point, too. COUNCILMAN WICKHAM: It will be what? TOWN ATTORNEY FINNEGAN: Well… SUPERVISOR RUSSELL: We adjourned the hearing, we didn’t close it. We will be re-opening the hearing at some point in the future. But if you want to address the issue now, it is your prerogative. MR. SKABRY: I would like to. I am here, I am the President of the Civil Service Employees Association, Local 1000 American Federation of State and County Municipal employees, American Federation of Labor, Congress of Industrialized Organizations. Town of Southold unit 8785, we are the organizations that represent 170 Town of Southold public employees who live and have family members who live in town. We have been made aware, officially, that pending before the Town Board are plans for a private sector garbage transfer station to be sited in the vicinity of the Town of Southold’s Department of Solid Waste transfer facility in Cutchogue. We have some strong concerns regarding the feasibility and impact of allowing such a facility to exist within the Town of Southold. 1. What will be the impact of the existing Town of Southold waste transfer station operations? Is there a potential for reduction in the need for current staffing at the Town’s facility? Is the current facility working at it’s full capacity at this time? Will any reduction in the staffing critically impact operations of the Town’s facility, even with the logical reduction in tonnage of material into and out of the Town’s facility? What control mechanisms will be in place to control the types of material to be handled in the proposed transfer station? Where will the material be originating? In or out of the Town? Will there be any control over the number or types of trucks hauling material into and out of the facility? What impact will that have on the two arterial roads leading into and out of Riverhead? Now I ask this because I have been advised that the current facility is designed to handle up to 150 tons a day processing. The Town currently produces approximately about 105 tons a day, two thirds of which are being currently processed by three of the private sector companies. Being Mattituck Sanitation, North Fork Sanitation, Twin Forks Sanitation. Has there been a traffic study been made and where the questions five and six answered above? What town controls are in place to ensure that the deposits of the town produced material to be handled in compliance of the DEC regulations? What liability could the Town be facing down the road if the town decided to close down the Town’s facility and have a private operator do it, maybe cut some corners because they are going to be designed to do it on a profit basis and put our garbage in an illegal facility someplace, potentially hold us liable for reclamation of wherever it is located. Potentially. I am not saying it is going to be done that way. What will it cost to the Town to amend a certain agreement it has with the DEC regarding the capping of the Town’s landfill and operating its current facility have with the DEC by having the private sector doing it? There must be study put into that. Is there a probability of any negative impact on the environment and the members of the community in terms of health and the local economy, personal or business? Logic says if this facility which is currently a corporation, I have been advised has received a permit for an 800 ton facility, currently seeking before the Town a building in accordance with DEC regulations which will allow it to handle approximately 300 tons. That is three times the December 18, 2007 Page 52 Minutes Southold Town Board Meeting amount of garbage that is produced within the Town of Southold. The Town right now has control measures on the type of garbage that is being processed, obviously what is produced in the Town of Southold is processed through the Town’s facility. If this is going to be a private facility, what safeguards are going to be in place? I don’t believe the Town has the expertise to monitor that. So logic says we will rely on the DEC to do this. DEC will have much less strict regulations than that that could be afforded by the Town. Another concern we have is that there are rumors, and that is all that it is at this point, that supposedly the corporation that wants to build this facility is looking to sell out. Who are they going to sell out to? A west end carting company? That is as far as I am going to go with that. Now, today I was advised that if the Town Board was going to consider allowing whatever you need to do a permit process, I believe is the next step, that they can initiate a covenant on such a facility. An ingenious idea that was brought before me was for the Town to possibly consider making the permit non-transferable, so let that local company build it, but if the company is sold those rights don’t automatically get transferred to whoever would be running the company. We have some very strong concerns of this, on the economic impact of our members, as well as members of the private sector as well. I lived and grew up here in Southold Town. Those of you who know me, I am an environmentalist. We all drink from the aquifer, you know, I do have some concerns if garbage can be processed at that facility from out of town. I remember a few years back Brookhaven Town had a problem with nuclear waste, coming from Brookhaven lab. I would have some serious concerns with garbage possibly being processed maybe from our neighbors in the federal institution to the east or the bio-labs up west, too. I just strongly urge the Town really look into this. Look into the long term effects and I think you are going to see plenty of reasons why not to approve such a facility. I mean, it is going to have a massive, just looking at the trucks, I mean, you can sit out there on a summer day on Sound Avenue and you can count the number of roll off trucks and those are primarily trucks that are dealing with garbage that is produced in the Town and if you have a 300 ton facility that is going to be working at 75%, you can double the number of trucks not just leaving the Town but coming in to dump the garbage and then being carted out. I know you and I could tell you right now, I wouldn’t want to come out here during pumpkin season and being stuck between two roll off trucks. That is all I have to say. SUPERVISOR RUSSELL: Thanks, Tom. You can give your comments to the Board in the future if you want, because we still have that public hearing adjourned. I just want to specify that a lot of the questions that you raised tonight are either already answered through the planning process and you are welcome to go look at that application or they are being answered because there is a SEQRA process underway for that facility. So, would anybody else like to address the Town Board? Rocky, do you want to go first? We’ll keep the issues… VITO DiVELLO: My name is Vito ‘Rocky’ DiVello from Mattituck. I too have lived here almost all my life and I care very much what happens in Southold Town and I don’t want to bring nuclear waste into the Town or any other kind of boogey men. What can I say? My family does not plan to sell this facility, we are in it for the long run. We are in it forever, if we can. I mean, I don’t know where all these rumors are coming from. I just have to address them. We are not out to take any jobs away from anyone or cause any hardships to anyone. As far as the traffic is concerned, it is the traffic that is already here from other trucks that are out here, okay? Why would a west end company, that already has transfer stations, bring their garbage all the December 18, 2007 Page 53 Minutes Southold Town Board Meeting way out here? It is true, we do have our own customers in east end Riverhead here as far as Tanger, but that is our customers. And we will be processing our own material. It makes no sense for a west end company to come out this way and bring their material here. It is just not economically feasible, it doesn’t make sense; with the price of fuel and the price of everything else. So, I will be glad to answer any of your questions and next week we will have all the answers for you. Okay? Thank you. SUPERVISOR RUSSELL: Thank you. Would anyone else like to address the Town Board? Ray? Did you have your hand up? RAY HUNTINGTON: Ray Huntington, speaking for the North Fork Environmental Council. I think the Board did the right thing in passing the resolution a few moments ago concerning the strengthening of the wetlands and shoreline code and we look forward to the Town Board establishing a protocol with which to go further forward with (inaudible) and in developing code with which to protect the wetlands and to aid the Trustees in that job. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? COUNCILMAN EDWARDS: I have some comments, I think Tom had a comment? COUNCILMAN WICKHAM: Yes. I do have a brief comment. We got news today that the Department of Ag and Markets in Albany has approved a major grant of monies for farmland preservation. It is a grant of some $35 million total for the State of New York and we got news that the Town of Southold will participate as a recipient of part of that grant. The details won’t be out until Thursday so I don’t have them but this is a reflection of several things. It is a reflection of the priority and importance that this town continues to put into land preservation and in particular the purchase of development rights. It is also a reflection of the effort that key people have put into this. And by key people I can refer to the Land Preservation Committee which has been one of our most important committees, our Land Preservation Coordinator, who has been a key person for pursuing the whole thing and who actually wrote most of the documentation securing this grant and also the key Town Board members who have kept us on tune and on track on this and Bill Edwards, for the last four years has been the key person on the Board who has just been consistent, who has been strong, who has been out there continually pursuing the land preservation effort and just keeping us focused on it and I just don’t think we would be anywhere near where we were if we didn’t have that kind of support. We also are losing Dan Ross from the Board, I think you all know. Dan has also been a serious, indefatigable worker. He has maintained relations with Greenport in a way that we haven’t had before and right up until today he has been helping the Board negotiate contracts with organizations outside the Town. I don’t think the public really knows how much these two people have been put in the last four years. It has been tremendous and I think the public, as well as myself, we will all miss them. COUNCILMAN ROSS: Thank you, Tom. And thank you for the four years, Vincent Orlando and Mr. Ruland, you are both qualified and it is a nice job. I wish you the best of luck. December 18, 2007 Page 54 Minutes Southold Town Board Meeting COUNCILMAN EDWARDS: And because I am not as eloquent as Tom, I actually prepared some remarks. I rarely get on TV and this will presumably be the last time so I am going to take advantage of the opportunity to speak to the people who will watch this at home. This is my last Town Board meeting and the end of a four year term which really represents a period, rather than a semi-colon. I don’t plan to hang around Town Hall like Banquo’s ghost at the banquet but I would like to thank some people, I wish I could thank them all, who have helped make this a delightful four years and hopefully a successful four years. I would like to thank every member of this Board, present and past, our two young Supervisor’s, Josh Horton and I call them young because from my perspective they certainly are, and Scott Russell who are both icons of energy and vision. John Romanelli, who was an absolute delight to serve on the Board with because you need a sense of humor around here and John has it. Tom, who is a passionate policy wonk if you will and I view that as a compliment, a legislative historian and a mentor to new coming Board members who should make use of his knowledge. Al, who is the epitome of decency and north fork common sense; Louisa, whose caution is based on real life experience on this Town Board, which is greater than anybody else’s, as well as her legal knowledge. And Dan, whose passion for the TDR’s and girls soccer, I certainly will miss. I also would like to thank every employee of the Town but particularly a few with whom I have worked most closely; Betty Neville who has patiently endured more hours of Town Board meetings, I am sure, and in some cases repetitious discussion than any Town Clerk in Southold’s history. Pat Finnegan, who is on my short list for the Hall of Fame for New York State Town Attorney’s and I am sure the Board shares my opinion. Kieran Corcoran who is a master at translating vague, well this is kind of what we want to do into something that actually had some legal standing. Chief Cochran, who has earned my respect both for his intelligence and for perhaps the driest sense of humor that I have ever come across. Jim Bunchuk, the most optimistic guy I ever met in a landfill. Pete Harris for a million different reasons, especially the fact that he is giving me a second shot at my leaves. Melissa Spiro, who is, except that she is very quiet, becoming a nationally recognized figure in the area of land preservation and deserves to be; Karen McLaughlin, who probably does more good for Southolders than anyone else in the entire town; Ruthanne, whose grace and flawless services as Board secretary, I am very grateful for and everybody else working for the Town. I would also, and I wish I could name them all because I really think for those of you who are seeing this on TV, we have an outstanding group of people working for this Town. They are civil servants and they are truly servants of the people. I would also like to extend best wishes to the new Town Board because the challenges remain to keep Southold Southold. The last two Town Boards have rewritten a huge amount of code and the Supervisor has commented on the fact that with as much code having been written, it is a little bit like a house that has been remodeled but we still have painting and wallpapering to do. And there are things that will need to be tweaked. I mean, we have done affordable housing, subdivisions, wetlands, ethics, preservation; a tremendous amount of new legislation in the last four years and it is going to fall on the next Board to have to fix the little stuff that maybe we didn’t quite get that joint square. There is still 5,500 acres of farmland at risk in this town and that should be a matter of concern to everybody in the Town. Farmers need to be profitable for farmland to be preserved and given the fact that in the last four years we preserved about 1,000 acres of farmland, that tells us we have 20 years of work ahead of us, assuming we can maintain the same pace of preservation. One hundred years from now, we are all going to be gone but the land we live on will still be here, the water will still be here and if global warming hasn’t flooded us all out, people hopefully December 18, 2007 Page 55 Minutes Southold Town Board Meeting will still be farming here and they are going to look at us and they are going to say, what kind of job did you guys do? And they will be able to see the results. We can’t. So I hope that the new Board will pursue the same philosophy of consensus and civility that I have found quite generally on this Board. I have been delighted to serve on it, it has been the most fun job that I have ever had and I have had a bunch. And I wish the new Board members to have as much fun as I have had and I thank you very much. SUPERVISOR RUSSELL: I just want to say I became Supervisor two years ago, I guess the public perception is I was an outnumbered member of the Board being a newly elected Republican, the level of graciousness that these gentlemen and the whole Board has shown me and I have to say that it has been an absolute honor and a privilege to work with these two. No constituency in the two years I have been here has been sold short. They have listened to every single issue and every single decision they made was what they believed was the right thing to do. There hasn’t been a partisan aura on this Board. I can count on one hand the amount of times we have actually disagreed and any deliberative body is going to disagree on issue here or there but generally it has been a very productive Board. Bill, I want to say in particular has been an absolute mentor to me. He has had the experience of working on the Town Board prior to me, I enjoy, we had a campaign two years ago running against each other, it was probably one of the fondest experiences I have had in government because it was just such a pleasure to after the election, to actually work with him the past two years. He has been an absolute mentor and I am going to, I told Vinnie today, you have a big hole to fill with Dan’s sense of humor. Dan is an absolutely sharp individual who cares greatly and has a great deal of passion for the people of this community and it is with absolute sincere regret that I have to say goodbye to him, this being our last Town Board meeting. I am excited to work with my two new running mates for this past year but it has been an absolute pleasure working with you two for the past two and I want to thank you for everything you have done for me in the past two years. We do have, you guys are very hard to buy for by the way, we have been for weeks now wrestling with what to get for them as going away gifts. These are certainly going to be very small tokens of appreciations, which are proclamations. I know the last thing Dan wants to see is my name on anything. This is: WHEREAS Councilman Ross has given generously of his time and talent, provided faithful service of the residents of Southold Town as a member of the Town Board since January 1, 2004; WHEREAS Councilman Ross’s record of unwavering service and diligence to the duty of Southold Town deserves the sincere gratitude of those with whom and for whom he has served; now therefore be it RESOLVED…. You know, I am not going to read the rest. You know what these things usually say. Dan, Bill on behalf of every resident of this Town, I want to thank you for everything you have done for everybody in this Town. I also just want to grab a couple of things. We got them each a role of yellow bags…I also want to say, Ruthanne, you told me to take them out of the bag, didn’t you? I am sorry. I also want to say, one thing that struck me, Bill said that he doesn’t plan on being a gadfly about Town Hall. I sincerely hope that that is not the case because I am going to be relying on him for the next two years from time to time for his insight, wisdom and leadership and Dan is going to get phone calls from me as we move forward as well. So I sincerely hope December 18, 2007 Page 56 Minutes Southold Town Board Meeting that they have plenty to contribute to the people of this Town and I hope that they stay active and certainly make themselves available to them whenever we need them to because we will need them in the future. Thank you. COUNCILMAN ROSS: Thank you, Scott. SUPERVISOR RUSSELL: Can I get a motion to close? Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:29 P.M. * * * * * Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Scott Russell, Supervisor SECONDER: Louisa P. Evans, Justice AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell