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HomeMy WebLinkAboutTB-02/12/2008ELIZABETH A. NEVILLE ~~~x TOWN CLERK ti REGISTRAR OF VITAL STATISTICS ~~ MARRIAGE OFFICER ~ RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES 1. 2. 3 4. February 12, 2008 4:30 PM A Regular Meeting of the Southold Town Board was held T Meeting Hall, 53095 Main Road, Southold, NY. Supervisor PM with the Pledge of Allegiance to the Flag. Call to Order 4:30 PM Meeting called to order on February' 12, 2008 at Southold, NY. Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown. northfork. net February 12, 2008 atahe openod the meeting at 4:30 king Hall, 53095 Route 25, Attendee Name Organization Title !Status 'Arrived William Ruland Town of Southold Councilman Present Vincent Orlando __ Townof Southold Councilman Present Albert Krupski Jr. Town of Southold Councilman Present Thomas H. Wickham Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice Present Scott Russell Town of Southold Supervisor Present Elizabeth A. Neville ' .Town of Southold Town Clerk Present Kieran Corcoran Town of Southold Assistant Town Attornev Present I. Resorts Judge $rger Monthly Report January 2008 Island Group'Employee Health Care Plan Claim Lag Report: 1/1/07 - 12/31/07 Program for the Disabled January 2008 Department of Public Works January 2008 February 12, 2008 Southold Town Board Meeting Minutes 5. Human Resource Center 2007 Annual Report January 2008 II. Public Notices 1. NYS Liquor License Renewal Applications Manor Hill Vineyards LLC, 35 Cox Neck Rd., Mattituck -Farm Winery license Hay Hazbor Club, Fox Ave., Fishers Island -seasonal liquor license Page 2 Hellenic Snack Bar & Restaurant, 5145 Main Rd., East Marion - on-premises liquor license Cliff & Phil's Lobster House d/b/a Elbow East, 50 North Sea Dr., Southold -liquor license 2. Zoning Amendments -Other Towns Riverhead Town -Amendment to Section 108-95 Subdivision Regulations "Stormwater Pollution Prevention Plan" III. Communications IV. Discussion 1. 9:00 A.M. -Peter Harris Jim McMahon Park Crew Maintenance Crew Leader & Highway Labor Crew Leader 2. Letter Re: Moratorium on Residential Site Plans 3. Department Head Meeting February 15, 2008 4. Light Pollution Seminar February 13, 2008 5. East Marion Bus Shelter & EMFD Parking Lot 6. 10:30 A.M. -Mark Terry & Phillip Beltz -Hamlet Stakeholders Implementation Update - Affordable Housing Legislative Changes 7. Community Clean-Up Program 8. Special Payments From Suffolk County Re: Police District February 12, 2008 Southold Town Board Meeting Minutes 9. Southold School Use of Tennis Courts at Tasker and Jean Cochran Parks for Spring Matches 10. Seaview Bicycle Trails Maps 11. Home Rules 1. To create the Peconic Bay regional transportation council Page 3 2. Require any local law or amendment to a local law relating to the Peconic Bay community preservation funds shall be subject to a mandatory referendum 3. Amend the tax law, in relation to the enforcement of the tax on real estate transfers in the Peconic Bay region and authorizing said towns to enter into cooperative agreements with the department of taxation and finance for the enforcement of said tax. 4. To permit towns and villages in the Peconic Bay region to assess special development fees in connection with the issuance of building permits 12. Follow Up -Planning Board and Town Board Meeting 13. Requests for Use of New Suffolk Beach 14. Conference Attendance Request 15. NFAWL Contract 16. 12:00 Noon -Meredith Doyen Island Community Board -Stakeholders 17. Executive Session Disciplinary Action 18. Executive Session Grievances 19. Executive Session Review of Court Case Call to Order 4:30 PM Meeting called to order on February 12, 2008 at Meeting Hall, 53095 Route 25, Southold, NY. February 12, 2008 Southold Town Boazd Meeting Minutes Pledae to Flaa Opening Statements Page 4 Supervisor Russell SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. Would anybody like to come up and address the Town Boazd on any item as it appears on the agenda? This is the portion of the meeting where you can address the issues as they appear on the agenda, so you should each have a copy of that. Would anybody like to come up and address? (No response) No? Hearing none, let's move forward. Minutes Approval RESOLVED that the Town Boazd of the Town of Southold hereby accepts the minutes dated: Tuesday, December 18, 2007 .Vote Record=Acce tance afMinutes foenecembe[18 20074:30 PM ': _Yes/Aye No/Nay Abstain Absent William Ruland ~ Voter ~ ^ - ^ ^ m Accepted Vincent Orlando i Voter D ^ ' ^ ^ ^ Accepted as Amended Albert Krupski ]r. Voter ~ ^ ^ ^ ^ Tabled Thomas H. Wickham Seconder ~ ^ ^ O Louisa P. Evans Initiator D ^ ~ ^ ^ Scott Russell Voter ~ ^ ^ ^ RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Wednesday, January 02, 2008 ~ Vote Rernrd -Acce lance of Minutes for Janua 2 2008 11:00 AM _... _... Yes/Aye No/Nay Abstain '.. Absent William Ruland '. Voter 8 ^ ' ^ ^ D Accepted Vincent Orlando Voter 8 ^ ^ ^ ^ Accepted as Amended Albert Krupski Jr. '. Voter ~ ^ ', ^ ^ ^ Tabled Thomas H. Wickham Seconder D ^ ^ ^ Louisa P. Evans Initiator D ^ ^ ^ Scott Russell Voter ~ ^ ^ ^ RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Wednesday, January 02, 2008 ~' Vote Record -Acce tanceof Minutes for Janua z zoos a;3o eM Yes/Aye NoMay Abstain ' Absent William Ruland Voter D ^ ^ ^ ~ Accepted Vincent Orlando Voter 0 ^ ' ^ ^ ^ Accepted as Amended Albert Krupski Jr. Voter ~ 0 ^ ' ^ '. ^ ^ Tabled Thomas H. Wickham '. Seconder 0 ^ ^ ^ LOLLISa P. Evans Initator 0 ^ ^ ^ Scott Russell Voter 0 ^ ^ ^ RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, January 15, 2008 February 12, 2008 Southold Town Board Meeting Minutes Page 5 / Vote Record-Aces tanceof Minutes-: for Janua 1 2008 4t30 PM _ Yes/Aye No/Nay Abstain Absent William Ruland Voter ~ D ^ ^ ^. 0 Accepted Vincen[Orlando Voter ~ ^ ^ - ^ ^ Accepted as Amended Albert Kmpski Jr. ~ Voter ~ ^ ^ ^ ^ Tabled Thomas H. Wickham Seconder 0 ^ ^ ^ Louisa P. Evans Initiator 0 ^ ' ^ ^ Scott Russell Voter ® ^ ^ ^ RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, January 29, 2008 ~Vgte Record.-pees taneeof Minutes for Jaoua"29 20087:30 PM Yes/Aye No/Nay Abstain ', Absent ^ Accepted William Ruland Voter ~ ^ ^ ^ ^ Accepted as Amended V mcen[ Orando Voter m ^ ^ ^ ~ - ~ Tabled Albert lGupskt Jr Voter 0 ^ ^ ~ ^ - Next: Feb 26, 2008 7:30 AM Thomas H. Wickham Seconder ® ^ ^ ^ Louisa P. Evans Initiator B ^ ^ ^ Scott Russell Voter ~ ^ ^ ^ V. Resolufions 2008-151 CATEGORY.• DEPARTMENT: Approve Audit 2/12/08 Audit Town Clerk RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated February 12, 2008. ~ Vote Rernrd -Resolution RES-2008-1 51 8 Adopted '.. Yes/Aye NaMay ', Abstain Absent ^ Adopted as Amended William Ruland '. Voter ~ ^ ^ ^ ^ Defeated Vincent Orlando Voter ~ ^ _ ^ ' ^ ^ Tabled AlbertlWpsla Jr Voter m ^ - ^ ^ ^ Withdrawn Thomas H. Wickham Seconder 0 ^ ^ ^ ^ Supervisor s APPt Louisa P. Evans Initiator 8 ^ ' ^ ^ ^ Tax Receiver's Appt Scott Russell Voter ® ^ ^ ^ 2008-152 CATEGORY.• Set Meeting DEPARTMENT: Town Clerk Next Meeting 2/26/08 7.30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, February 26, 2008 at the Southold Town Hall, Southold, New York at 7:30 P. M.. February 12, 2008 Page 6 Southold Town Board Meeting Minutes /Vate Rernrd-:Resatttrio RES-2008-1 5Z ?. 8 Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland Voter ® p ^ p ^ Defeated Vincent Orlando Voter ~ ^ - ^ ^ ^ Tabled Albert Kmpski Jr 'Voter 0 ^ ^ p ^ Withdrawn Thomases Wckham Seconder 8 - ^ ~ ^ ^ ^ Supervisor's App[ Louisa P Evans Initiator ~ ^ ^ ^ ^ Tax Receiver's App[ Scott Russell Voter ® ^ ^ ^ 2008-154 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Accounting Island Group 2008 Health Pdan Admindstration RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement with Island Group Administration Inc. for the administration of the Town of Southold Employee Health Plan for the 2008 calendar year, said agreement subject to the approval of the Town Attorney. ~ Vate Record -Resolution RES-2008-1 54 D Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland Initiator ~ ^ ^ ^ ^ Defeated Vincent Orlando Voter p ^ ^ '.. ~ ^ Tabled Albert Kmpskt Jr. Seconder ~ ^ ^ p ^ Withdmwn Thomas H. Wickham Voter ® ^ ^ -^ ^ Supervisors App[ Louisa P. Evans Voter p ^ ^ ^ ^ Tax Receivers App[ Scott Russell Voter 0 ^ ^ ^ 2008-155 CATEGORY.• Attend Seminar DEPARTMENT: Police Dept Grant Permission to Listed Police Personnel to Attend Training Seminar on Microsoft Excelln Hauppauge, NY RESOLVED that the Town Board of the Town of Southold hereby grants permission to Chief Carlisle E. Cochran, Jr., Captain Martin Flatlev Lieutenant Frank Kruszeski and Sergeant James Ginas to attend a two (21 day training seminar on Microsoft Excel in Hauppauge, NY, commencing on Tuesday March 25 through Wednesday March 26 2008 All expenses for registration and travel to be a legal charge to the 2008 Police Training Budget line (A.3120.4.600.200). Travel to be by Town vehicle. February 12, 2008 Southold Town Board Meeting Minutes Page 7 / Srote Record -Resotadau RE$-2008.1 $$ ~ Adopted _ Yes/Aye NoMay Abstain Absent ^ Adopted as Amended William Roland Voter 8 ^ ^ , ^ ^ Defeated Vincent Orlando '. Initiator 8 ^ ' ^ '' ^ ^ Tabled Albert Knrpslu Jc ~ Seconder D ^ ~ ^ -- ^ ^ Witbdmwn Thomas H. Wickham Voter _. D _ ^ , ......... ^ ^ ^ Supervisor's App[ Louisa P. Evans Voter D ~ ^ ^ ^ ^ Tax Receivers APPt Scott Russell Voter D ^ ^ ^ 2008-156 CATEGORY.• Surplus Equipment DEPARTMENT: Data Processing Data Processing Surplus Equipment RESOLVED that the Town Board of the Town of Southold hereby declares the followine equipment to be surplus equipment: Be it further RESOLVED that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same. esktop 7Ve8u 44 2543 10/23/99 esktop 7VE9E 44 2544 10/23/99 aptop 8006R31 44 2946 11/13/03 esktop 1V7930B N/A N/A 7/20/00 esktop SH8930B N/A N/A 7/20/00 esktop 5$79306 N/A N/A 7/20/00 esktop BG8930B N/A N/A 7/20/00 esktop CS7930B N/A N/A 7/20/00 esktop CT7930B N/A N/A 7/20/00 esktop DT7930B N/A N/A 7/20/00 esktop JF8930B N/A N/A 7/20/00 esktop JT7930B N/A N/A 7/20/00 esktop 2G8930B N/A N/A 7/20/00 rinter USQL027191 46 2557 10/1/99 rinter USQL053183 N/A N/A 1999 rinter USCC179491 N/A N/A ]999 rinter USGNK05872 46 2715 9/01/2001 esktop 2HCPQ31 N/A N/A N/A esktop 4HCPQ31 N/A N/A N/A rinter SG355C10TT N/A N/A N/A February 12, 2008 Southold Town Board Meeting Minutes Page 8 / S'ute Record-lteeoWtio~altES<2M!&-t 56 m Adopted Yes/Aye NoINay Abstain Absent ^ Adopted as Amended William Roland Voter B ^ - ^ ^ ^ Defeated Vincent Orlando Seconder ~ ^ ^ ^ Tabled AlberlKmpski Jc ~ Initiator 0 ^ ^ ^ ^ Wi[hdmwn Thomas H. Wmld~am ~ Voter _.. ® ^ ~ ^ ... ^ ^ Supervisor's APPt Louisa P Eustis ' Voter ' 0 ^ ~ ^ ^ ^ Tax Receiver's Appt Scott Russell Voter ~ 0 ^ ^ '. ^ 2008-157 CATEGORY: DEPARTMENT: Budget Modification Budget Modification Highway Department RESOLVED that the Town Board of the Town of Southold hereby modifies the 2007 HiQhwav Fund Part Town bud¢et as follows: To: DB.5130.4.100.500 Machinery Contractual Expense Supplies & Materials Parts & Supplies DB.5140.4.100.125 Brush & Weeds/Miscellaneous Contractual Expense Supplies & Materials Miscellaneous Supplies DB.5140.4.100.550 Brush & Weeds/Miscellaneous Contractual Expense Supplies & Materials Equipment Parts/Supplies DB.5140.4.100.900 Brush & Weeds/Miscellaneous Contractual Expense Supplies & Materials Landscaping Materials DB.5140.4.400.600 Brush & Weeds/Miscellaneous Contractual Expense Contracted Services Office Equipment Maint/Repair $1,978.80 $ 990.81 $ 40.83 $ 771.05 $ 7.50 February 12, 2008 Southold Town Board Meeting Minutes DB.5140.4.600.300 Brush & Weeds/Miscellaneous Contractual Expense Miscellaneous Travel $ 632.60 DB.5142.4.100.525 Snow Removal Contractual Expense Supplies & Materials Snow Fence $ 2.00 DB.5142.4.100.550 Snow Removal Contractual Expense Supplies & Materials Snow Posts $ 3.00 Total: $4,426.59 From• DB.5130.1.100.100 Machinery Personal Services Full Time Employees Regular Earnings $1,978.80 DB.5140.4.100.700 Weeds & Brush/Miscellaneous Contractual Expense Supplies & Materials Safety Gear $ 40.83 DB.5140.4.400.100 Weeds & Brush/Miscellaneous Contractual Expense Contracted Services Cleanup Week Debris Disposal $ 998.31 DB.5140.4.600.200 Weeds & Brush/Miscellaneous Contractual Expense Miscellaneous Meetings & Seminars $1 403.65 DB.5142.4.100.935 Snow Removal Contractual Expense Supplies & Materials Rock Salt $ 5.00 Total: $4,426.59 Page 9 February 12, 2008 Southold Town Boazd Meeting Minutes Page 10 t.Yofe Reeord.-Reaglution RE83008d 51 ' 0 Adopted _ _ Yes/Aye No/Nay .Abstain Absent ^ Adopted as Amended William Roland Vo[er 0 ^ ^ ^ ^ Defeated Vincent Orlando Voter ® ^ ' ^ ' ^ ^ Tabled Albert Kmpski Jr. Voter ~ ^ ^ ^ ^ Withdrawn Thomas H. Wickham Seconder ~ ^ ~ ^ ^ ^ Supervisor's APPI I-ouisa P. Evans Initiator 0 ^ ^ ^ ^ Tax Receiver's App[ Scott Russell Vo[er ~ ^ ^ ^ 2.000'150 CATEGORY: DEPARTMENT: Budget Modification Police Dept Budget Modification -Police RESOLVED that the Town Board of the Town of Southold hereby modifies the 2007 Police Whole Town budget as follows: From: A.1990.4.100.200 Retirement Reserve $30,000.00 A.3020.1.100.100 Full Time Earnings 13,170.84 A.3020.2.200.700 Communication Equipment 6,844.39 A.3020.4.100.550 Equipment Parts/Supplies 609.20 A.3020.4.100.600 Uniforms & Accessories 309.15 A.3020.4.200.100 Telephone 1,262.80 A.3020.4.400.600 Equipment Maint & Repairs 1,901.50 A.3020.4.600.200 Meetings & Seminars 200.00 A.3120.1.100.100 Regulaz Earnings 59,751.76 A.3120.1.100.400 Sick Earnings 6,850.05 A.3120.1.300.200 Overtime Earnings 556.79 A.3120.2.300.100 Automobiles 5,572.15 A.3120.2.200.300 Filing Storage Equipment 89.36 A.3120.2.500.100 Breath Analysis 134.00 A.3120.2.500.250 Defibrillators 96.50 A.3120.2.500.350 Safety Seats 1,000.00 A.3120.2.500.400 Radio Equipment 500.00 A.3120.2.500.600 Weapons 96.02 A.3120.2.500.775 In-Car Video 77.44 A.3120.2.500.800 Light Bars 2,000.00 A.3120.2.500.900 Photo Equipment 163.25 A.3120.4.100.100 Office Supplies 1,514.85 A.3120.4.100.125 Law Book Service 655.50 A.3120.4.100.550 Flairs & Oxygen 251.35 A.3120.4.100.600 Uniforms & Accessories 12,000.00 A.3120.4.100.700 Prisoner Food 639.80 February 12, 2008 Southold Town Board Meeting Minutes A.3120.4.100.750 K9 Food/Vet Bills 1,039.12 A.3120.4.100.800 First Aid Supplies 70.89 A.3120.4.100.900 Miscellaneous Supplies 463.97 A.3120.4.400.650 Vehicle Maint & Repairs 20,000.00 A.3120.4.400.700 Vehicle Impound 1,995.25 A.3120.4.400.750 Bicycle Repair 240.00 A.3120.4.400.800 Photo Service 770.33 A.3120.4.400.925 Sane Nurse 550.00 A.3120.4.500.200 Interpreter Service 2,316.90 A.3120.4.600.100 Confidential Informant 200.00 A.3120.4.600.200 Officer Training 8,406.89 A.3120.4.600.250 Constable Training 1,500.00 A.3120.4.600.400 Inoculations 2,500.00 A.3120.4.600.600 Dues & Subscriptions 720.00 A.3130.1.300.100 Regular Earnings 1,280.16 A.3130.4.100.100 General Supplies 562.37 A.3130.4.100.200 Gasoline & Oil 3,014.36 A.3130.4.100.500 Equipment & Parts 152.44 A.3130.4.400.600 Buoy Maintenance 218.25 A.3130.4.400.700 Dock Rental 712.92 A.3130.4.400.800 FI Dock Rental 3,600.00 A.3130.4.600.600 Dues & Subscriptions 125.00 A.3157.4.100.100 JAB, Consumable Supplies 50.00 A.3157.4.100.150 JAB, Presentation Materials 107.15 A.3157.4.100.200 JAB, Gasoline & Oil 749.65 A.3157.4.600.200 JAB, Training 78.32 A.3640.2.500.700 Communications Equipment 500.00 A.3640.2.600.200 Meetings & Seminars 750.00 A.9030.8.000.000 Social Security Benefits 11,111.90 TOTAL: $210.032.57 To: A.3020.1.100.200 Overtime Earnings $ 6,391.83 A.3020.1.100.300 Vacation Earnings 495.66 A.3020.1.100.500 Holiday Earnings 7,846.08 A.3020.4.600.300 Travel 23.95 A.3020.4.600.400 Training 154.40 A.3120.1.100.200 Overtime Earning 8,230.08 A.3120.1.100.201 Overtime Detective On-Call 48,403.62 A.3120.1.100.300 Vacation Earnings 71,839.23 A.3120.1.100.500 Holiday Earnings 33,249.45 A.3120.1.200.100 P/T Regular Earnings 1,798.47 A.3120.1.300.100 Seasonal/Temp Emp Reg Earnings 15,183.26 A.3120.4.100.200 Gasoline & Oil 4,440.07 Page 11 February 12, 2008 Southold Town Board Meeting Minutes A.3120.4.100.500 A.3120.4.200.100 A.3120.4.400.400 A.3130.1.100.200 A.3130.1.200.100 A.3130.1.300.200 A.3130.2.400.400 A.3130.4.100.600 A.3130.4.400.650 A.3130.4.500.400 Tires 173.92 Cellulaz Phone Service 677.46 Laundry/Dry Cleaning 1,046.00 Overtime Earnings 3,172.41 P/T Regulaz Earnings 2,886.01 Seasonal OT Earnings 683.53 Buoys 4.00 Uniforms & Accessories 420.25 Vehicle Maintenance & Repairs 1,062.89 FI Bay Constable 1,850.00 TOTAL: 210.032 57 Page 12 1 Vote Record- Resolution RES-2008-1 58 - D ^ Adopted _. Yes/Aye No/Nay - Abstain - Absent Adopted as Amended William Ruland Voter H ^ ^ - ^ ^ Defeated Vincent Orlando _. Seconder D ^ - ^ - ^ ^ Tabled Albert Krvpskr Jr Voter ® _.. ^ ^ . .. _.. ^ ^ Withdrawn Thomases Wickham Initiator D ^ ^ ~ ^ ^ Supervisor's App[ Louisa P Evans Voter m ^ ^ ^ ^ Taz Receiver's App[ Scott Russell ~ Voter 8 ^ ^ ^ 2008-159 CATEGORY.• DEPARTMENT: Contracts, Lease & Agreements Town Attomey Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement Between the Town of Southold and the New York State Office of Cyber Security & Criticallnfrastructure Coordination RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs S~ervisor Scott A. Russell to execute an Agreement between the Town of Southold and the New York State Office of Cvber Security & Critical Infrastructure Coordination in connection with the upgraded Geographic Information Systems Digital Orthoimagery Data, subject to the approval of the Town Attorney. /Vote Record-Resolution RES-2008-1 59 D ^ Adopted Adopted as Amended William Ruland Imtia[or Yes/Aye D No/Nay p Abstain p Absent ~ ^ Defeated Vincent Orlando Voter 8 ^ ^ _C] ^ Tabled Albert Kmpski Jr. Voter D ^ ^ ^ ^ Wi[hdmwn Thomas H Wickham Voter D ^ ^ ^ ^ Supervisor's Appt Lousa P Evans Seconder D ^ ^ p ^ Tax Receiver's Appt Scott Russell Voter p -^ p 2008-160 CATEGORP: Contracts, Lease & Agreements February 12, 2008 Southold Town Board Meeting Minutes DEPARTMENT: Town Attorney Page 13 Authorizes and Directs Supervisor Scott A. Russell to Execute the Renewal Agreement Between the Town of Southold and the CSEA Employee Benefit Fund RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Sunervisor Scott A. Russell to execute the Renewal Aereement between the Town of Southold and the CSEA Em~lovee Benefit Fund for benefits provided to covered employees for the period effective January 1, 2008 through December 31, 2010, subject to the approval of the Town Attorney. / Vote Record -Resolution RES-2008-1 60 ® Adopted _ Yes/Aye NoMay Abs[aIn Absent ^ Adopted as Amended William Ruland Voter ® ^ ^ ~ - ^ ^ Defeated Vincent Orlando Initiator 0 ^ ^ ^ ^ Tabled Albert IGupski Jr. Seconder 0 ^ ' ^ ^ Wi[hdmwn Thomas H. Wickham Voter .. ® _._ ^ _. ^ ^ ^ Supervisor's APPt Louisa P. Evans ~ Voter 0 ^ ~ ^ ^ ^ Taz Receivers APPt Scott Russell ~ Voter 0 ^ ^ ^ 2008-161 CATEGORY: Grants DEPARTMENT: Land Preservation TNC Grant Re: Butner RESOLVED that the Town Board of the Town of Southold authorizes and directs Deuutv Sunervisor John P. Seuenoslti to execute Brant documents for acceptance of Brant fundintr_ in the amount of $6820.00 from The Nature Conservancy to the Town of Southold to provide funds for expenses associated with the Butner (a/k/a Moeller, TMJ Realty Inc.) open space property acquisition identified as SCTM #1000-58-1-1 and SCTM #1000-68-1-17.2 & 17.3, subject to review by the Town Attorney. / Vete Rernrd -Resolution RES-2008-t61 ~ Adopted Yes/Aye No/Nay '. Abstain ' Absent '~. ^ Adopted as Amended William Ruland ' Voter ~ ^ ', ^ ^ ^ Defeated Vincen[Orlando ', Voter D ^ ^ ^ ^ Tabled Albert Krupski Jr. Initiator D ^ ^ ^ ^ Withdrawn Thomas H. Wickham '. Voter m ^ ' ^ '. ^ ^ Supervisor's APPt Louisa P. Evans Seconder ^ ^ ^ ^ ^ Tax Receiver's APPt Scott Russell Voter ® ^ ^ ^ ~~ 2008'162 February 12, 2008 Page 14 Southold Town Board Meeting Minutes CATEGORY: Close/CTse Town Roads DEPARTMENT: Town Clerk Grant Permission to the Oysterponds U.F.S.D. to Use Certain Roads for Its SKRun/Walk Race In Orient, on Saturday, May 3, 1008 RESOLVED that the Town Board of the Town of Southold hereby Qrants permission to the Ovsterponds U.F.S.D. to use the followine roads for its SK Run/Walk race in Orient on Saturday. Mav 3.2008 beginning at 10:00 AM: Main Road, Platt Road, Halyoke Road, Orchard Street, Narrow River Road, Hazbor Street, Douglass Street, King Street, Village Lane, and Tabor Road, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley after notification of the approval of this resolution to coordinate traffic control. ~ Vate Record •.ReaolutiouRES-2608-t62 0 Adop[ed ^ Adop[ed as Amended William Ruland Vo[er Yes/Aye 0 No/Nay - ^ Abstain Absent - ^ Defeated Vmcen[ Orlando Voter p ^ ~ ^ ^ ^ ^ ^ Tabled Albert Krupskt Jr. Vo[er ~ ^ ^ ^ ^ Withdrawn Thomas H Wickham Seconder D ^ ^ ^ ^ Supervisors Appt ' LouisaP Evans Im[iamr p ^ ^ ^ ^ Tax Receiver s App[ Scott Russell Voter 0 ^ ^ ^ 2008-163. CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Amend 2007-940 Members ofHemlet Stakeholders RESOLVED that the Town Board of the Town of Southold hereby amends Resolution 2007- 940 to include four (41 names that were inadvertently drooped from the list RESOLVED the Town Board of the Town of Southold hereby aprooints or rearorooints the followine individuals to the Hamlet Stakeholders effective immediately Cutchoeue• Jack DiPaola Bill Gatz John Borzilleri Jane Minerva Georgeanna Fogarty Fred Carcich Gwynn Schroeder Paul Romanelli East Marion: Ruth Ann Bramson Walter Gaipa Jenny Gould Kate Sepenoski George Peter Regi Weile February 12, 2008 Southold Town Board Meeting Minutes Dean Sambach Greenport• Don Leslie, Jr. Ural Talgat Mariel Dobler Sylvia Hertzberg Mattituck: Sue Auer Joseph Lee Frank Wills Bill Bladykas Tanya Palmore Victor Brown Jill Dunbar Nelia Purnhagen Peter Coleman Ron McGreevey Charlie Zaloom New Suffolk: Joan Robbins Tom Samuels, Jr Michael Simon Brian Andrews Patricia (Pat) McIntyre Kim Petrie Orient: Glynis Beny Janet Markarian Keri Christ Maureen Culinaire Peconic• Dave Cichanowicz Robert Adipietro Hugh Switzer Margaret Minichini Priscilla Bull Jim Latham Deborah Dumont Andrew Greene Rich Bohner Southold: Susan Krupski Fisher Alice Hussie Tom McCarthy John Nickles, Jr. Marian Salerno Leslie Kanes Weisman Caroline MacArthur John Sepenoski John Romanelli Kris Pilles Herb Adler Peter Russo Melanie Norden Diane Gilmore Constance Connor Henry Raynor Nick Planamento Jerry Schultheis James Baker III Stephan Roussan Linton Duell Ted Webb Rona Smith Reginald Tuthill Bill Grigonis Sara Evans John May John Rooney Donald Wilson Rich Caggiano Pat Moore Page 15 / Vote Record -Resolution RES-2008-1 63 ~ Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland Seconder D ^ ^ ^ ^ Defeated Vincent Orlando Voter D ^ ' ^ ' ^ ^ Tabled Albert Kmpski Jr. Voter D ^ ^ ^ ^ W i[hdrnwn Thomas H. Wickham Initiator ® ^ ^ ^ ^ Supervisor's APPt Louisa P. Evans Voter 0 ^ ' ^ ^ ^ Taz Receiver's APPt Scott Russell Voter 0 ^ ^ ^ Februazy 12, 2008 Southold Town Boazd Meeting Minutes 2008-164 CATEGORY.• Proclamation DEPARTMENT: Town Attorney Anti-Bias Task Force Poster Awards Page 16 RESOLVED that the Town Board of the Town of Southold hereby authorizes the Southold Town Anti-Bias Task Force to Brant aoster awards to the following individuals, in the amount of $50 each, for a total of $200: Isabelle Simon, Fiona Peazlstein, Sarah Tuthill and Amanda Vilbert. Vote Remsd-Resolution.RE5-2008-1 64 0 Ad°Pt~ Yes/Aye NoMay Abstain Absent ^ Adopted as Amended William Ruland Initiator 0 ^ ~ ^ ^ """ ^ Defeated Vincent Orlando Seconder 0 ^ ^ p ^ Tabled Albers Krupski Jr. ~ Voter - ~ - ^ ~ ^ ^ ^ Withdmwn Thomas H. Wickham Voter ~ ^ ~ ^ ^ " ^ Supervisor's App[ Louisa P. Evans Voter ® ^ ^ ^ ^ Tax Receiver's App[ Scott Russell Voter D ^ ~ ^ ^ 2008-165 CATEGORY: DEPARTMENT: Authorize to Bid Town Clerk FIFD Bid for Munnatawket RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Board of Commissioners of the Fishers Island Ferrv District to advertise for bids for the 2008 drvdockina of the M/V Munnatawket and work thereon in accordance with the bid specifications. - .umacernra•ttesolunonttL~-ZW7f•7 65 ® ^ ^ ^ ^ ^ ^ Adopted Adopted as Amended Defeated Tabled Withdmwn Supervisor's Appt Taz Receiver's App[ William Ruland Vmcen[ Orlando Albert Krupsk~Jr Thomas H Wickham Louisa P Evans Scott Russell Seconder Initiator Voter Voter Voter Voter Yes/Aye 0 8 ~ 0 D p No/Nay ^ ^ ^ ^ ^ ^ Abstain ^ ^ '. ^ ^ ^ ^ Absent O ^ p ~ ~ 2008-166 CATEGORY: Advertise DEPARTMENT: Human Resource Center Ad for Home Health Aide Februazy 12, 2008 Southold Town Boazd Meeting Minutes Page 17 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the uosition of Part-Time Home Health Aide for the Human Resource Center. /Vote Reerd-Resolution RES-2008-1 66 0 Adopted : Yes/Aye % No/Nay Abstain '.. Absent ^ Adopted as Amended William Ruland Voter ® ' ^ ^ '. ^ Defeated Vincent Orlando 'Voter 8 ^ ^ ^ ^ Tabled Alben lGupskt Jr. Initiator ® ^ ~ ^ ^ ^ Withdmwn Thomas H. Wickham Voter 0 ^ ^ - ^ ^ Supervisor's APPI Louisa P. Evans.. '.., Seconder ®...._ ^ '.. ^ ^... ^ Tax Receiver's Appt Scott Russell Voter 0 ^ ^ ~ ^ 2008-167 CATEGORY.• DEPARTMENT: Committee Appointment Town Clerk Appoint James Addison Baker III to the Southold Town Transportation Commission Effective Immediately Through March 31, 2010 RESOLVED that the Town Board of the Town of Southold hereby anaoints James Addison Baker III to the Southold Town Transportation Commission effective immediately through March 31, 2010 to fill the unexpired term of Michelle Zaloom. / Vote Record -Resolution RES-2008-1 67 ~ Adopted '. Yes/Aye No/Nay Abstain ' Absent ^ Adopted as Amended William Ruland ', Voter 0 ^ ^ . ^ Defeated Vincent Orlando Voter 8 ^ ' ^ ^ ^ Tabled Albert Kmpski ]c Voter 0 ^ ^ ^ ^ Withdmwn Thomas H. Wickham Seconder C'1 ^ ^ ^ ^ Supervisor's APPI Louisa P. Evans ', Initiator G'1 ^ ~ ^ ' ^ ^ Tax Receiver's Appt Scott Russell Voter 0 ^ ^ '. ^ 2008-168 CATEGORY: DEPARTMENT.• Budget Modification Highway Department Budget Modification -Highway 2008 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2008 Hiehway Fund Part Town budget as follows: To: DB.5142.4.100.920 Snow Removal February 12, 2008 Southold Town Board Meeting Minutes Contractual Expense Supplies & Materials Sand $ 10,000.00 From• DB.5110.4.100.920 General Repairs Contractual Expense Supplies & Materials Sand $ 10,000.00 Page 18 / Vote Record -Resolution RES2008.168 a Adopted Yes/Aye No/Nay Aba[sin Absent ^ Adopted as Amended William Ruland _ Voter , 0 ^ ~ ^ ^ ^ Defeated Vincent Orando Voter ~.._. ~ . _._... ^ . ... _. ^ _^ ^ Tabled Alben Kmpski Jc._ Voter 0 _. ^ . .. _. ^ __ ^... ^ Wi[hdmwn Thomas H. Wickham W[iator 0 ^ ~ ^ ~^ ^ Supervisor's APPt Louisa P. Evans Seconder 8 ^ ^ ~^ ^ Taz Receiver's APPI Scott Russell Voter m ^ ^ ~ -_-^ 2008-169 CATEGORY: DEPARTMENT.• Employment -Town Accounting Resignation of Maintenance Mech Joseph Magagnin RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Joseah Magagnin from the uosition of Maintenance Mechanic in the Human Resource Department, effective February 5, 2008. / Vote Record -Resolution RES-2008-1 69 ~ Adopted '. Yes/Aye No/Nay '_ Abstain Absent ^ Adopted as Amended William Ruland Initiator ~ ^ - ^ '. ^ ^ Defeated Vincent Orlando Seconder ~ ~ ^ ^ p ^ Tabled Albert Krupski Jr. Voter m ^ ^ ^ ^ Withdrawn Thomas H. Wickham Voter ® ^ ^ ^ Supervisor s APPt Louisa P. Evans ~ Voter 0 ^ ~ ^ ^ ^ Taz Receiver's Appt Scott Russell '. Voter 0 ^ ^ ^ 2008-170 CATEGORY.• DEPARTMENT: Employment -Town Accounting Resignation of Minibus Driver Beatrice Freeman RESOLVED that the Town Board of the Town of Southold hereby accents the resignation of Beatrice Freeman from the position of Mini Bus Driver in the Human Resource Center, effective February 26, 2008. February 12, 2008 Southold Town Boazd Meeting Minutes Page 19 / Xote Record =Resa]aEtoaRES-2608-1 70.. 0 Adopted Yes/Aye NoMay Abstain Absent ^ Adopted as Amended William Ruland Voter 0 ^ ~ ^ ^ ^ Defeated Vincent Orlando Initiator 8 ^ ~ ^ ^ ^ Tabled Albert Krupslu Jr. Seconder m ^ - ^ ^ ^ Withdmwn Thomas H. Wickham '. Voter ® ^ ^ '.. ^ Supervisor's APPt Louisa P. Evans Voter 8 ^ ^ I ^ Tax Receiver's App[ Scott Russell Voter ~ ^ ^ ^ 2008-171 CATEGORY: DEPARTMENT.• Employment -Town Accounting Transfer Senior Account Clerk Typist Michelle Martocchia to the Department ofPublic Works RESOLVED that the Town Board of the Town of Southold transfers Senior Account Clerk Typist Michelle Martocchia to the Department of Public Works to fill a vacancy created by a retirement, effective February 14, 2008, no change in rate of pay. /YoteRernrd-Resolution RES-2008-171 0 Adopted Yes/Aye No/Nay Abstain '.. Absent ^ Adopted as Amended William Ruland Voter 8 ^ ^ ^ ^ Defeated Vincent Orlando Seconder ~ ^ '. ^ ^ Tabled Albert Kmpski Jc Initiator ~ ^ ' ^ ^ ^ Withdmwn Thomases Wickham Voter 0 ^ ^ ^ ^ Supervisor's APPt LouisaP Evans Voter 8 ^ ^ ^ ^ Tax Receivers App[ Scott Russell '. Voter D ^ ^ ^ 2008-172 CATEGORY.• DEPARTMENT.• Authorize to Bid Highway Department Advertise for Tractor -Highway RESOLVED: that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for one tll new John Deere 5525 Tractor equipped with a 75" wide. right side-mounted flail mower or equal for use by the Southold Town Highway Department, subject to the approval of the Town Attorney and advertised in Newsday; and be it FURTHER RESOLVED that the appropriation line to be charged will be as follows: 2008 Highway Fund Part Town line item DB.5130.2.300.100. February 12, 2008 Southold Town Boazd Meeting Minutes Page 20 ~ Vote Record -:Resolution RES-2008-172 0 Adopted _ Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Roland Voter _ 0 ^ ^ ~ ^ ^ Defeated Vincent Orlando Voter 0 ~ ^ '' ^ ^ . ^ Tabled Albert Krupski lr._ 'Voter _ m ^ ... ^ ^ ^ Withdrawn Thomas H. Wickham ~ Seconder ® ^ ^ ^ ^ Supervisor's APPt Louisa P Evans '. Initiator ® ^ ' ^ ' ^ ^ Tax Receivets Appt Scott Russell Voter 0 ^ ^ ^ 2008-173 CATEGORY: Road Dedications DEPARTMENT: Town Attorney Eastern Longlsland Kampground Road Dedication WHEREAS, Mydon Resorts, Inc. has made application to the Town Board of the Town of Southold to dedicate certain roads in Greenport, New York, to be known as "part of QUEEN STREET", as shown on the site plan entitled "Eastern Long Island Kampground", approved by the Southold Town Planning Boazd by resolution adopted on September 11, 2006, together with the release executed by the owner thereof; and WHEREAS, the Southold Town Superintendent of Highways has inspected the said highways and has advised the Town Board that said proposed highways comply in all respects with the specifications for the dedication of highways in the Town of Southold; now, therefore be it RESOLVED, that in accordance with Section 171 of the Highway Law of the State of New York, consent be, and the same hereby is eiven to the Superintendent of Hiahwavs to make an order Lavine out the aforesaid hiehwavs to consist of lands described in said application as shown on certain mans attached to said application• and be it FURTHER RESOLVED, that the Town Clerk be. and she hereby is, authorized and directed to forthwith cause the dedication, release, and deed to be recorded in the Office of the Clerk of the County of Suffolk, New York. February 12, 2008 Southold Town Boazd Meeting Minutes Page 21 /Vote Record-Resolatbn RES2008-173 ^ Adopted Yes/Aye NoMay Abstain Absent ^ Adopted as Amended William Ruland Voter 0 ^ ^ ^ ^ Defeated Vincent Orlando Voter ® ^ ' ^ ^ ^ Tabled Albert Kmpski Jr ~ Voter ® ^ ^ ^ ^ Wi[hdmwn Thomas H. Wickham Initiator 0 ^ ' ^ ^ ^ Supervisor's App[ Iquisa P. Evans Seconder ® ^ ^ ' ^ ^ Taz Receivers App[ Scott Russell Voter ® ^ ^ ^ 2008-174 CATEGORY.• Bond DEPARTMEN7i Town Attorney Bond for Partial Re-Construction of Town Hall BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED FEBRUARY 12, 2008, AUTHORIZING THE RECONSTRUCTION, INPART, OF THE TOWN HALL, IN SOUTHOLD; STATING THE ESTIMATED MAXIMUM COST THEREOF IS $95,000; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $95,000 BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold (herein called the "Town"), in the County of Suffolk, New York, is hereby authorized to reconstruct, in part, the Town Hall, situated at 53095 Main Street, in the Town, including (i) reconstruction of the roof, (ii) installation of new doors on the east and west sides of the building and (iii) the air conditioning system in the east wing of the building, and the original furnishings, equipment, machinery or apparatus required for such building as so reconstructed, as well as grading and improvement of the site (hereinafter referred to as the "Project"). The estimated maximum cost of the Project, including preliminary costs and costs incidental thereto and the financing thereof, is $95,000 and the said amount is hereby appropriated therefor. The plan of financing includes the issuance of $95,000 serial bonds of the Town to finance said appropriation and the levy and collection of taxes on all the February 12, 2008 Page 22 Southold Town Boazd Meeting Minutes taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of not to exceed $95,000 aze hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance said appropriation. Section 3. The following additional matters aze hereby determined and declared: (a) The period of probable usefulness applicable to the Project, being the specific object or purpose for which said serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 12 (a)(2) of the Law, is fifteen (15) years; however, the bonds authorized pursuant to this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds, shall mature no later than five (5) years from the date of original issuance of said bonds or notes. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds maybe applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds aze authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The Town Boazd of the Town, acting in the role of Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act, constituting Article 8 of the Environrental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617 ("SEQRA"), has heretofore determined that the Project is a Type II action pursuant to SEQRA and no further review is required. (d) The proposed maturity of the bonds authorized by this resolution will not exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in February 12, 2008 Page 23 Southold Town Board Meeting Minutes anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds maybe contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish a summary of this bond resolution, together February 12, 2008 Southold Town Boazd Meeting Minutes Page 24 with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "The Suffolk Times," a newspaper published in Southold, New York, having a general circulation in the Town and hereby designated the official newspaper of said Town for such publication. BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED FEBRUARY 12, 2008, AUTHORIZING THE RECONSTRUCTION, IN PART, OF THE TOWN HALL, IN SOUTHOLD; STATING THE ESTIMATED MAXIMUM COST THEREOF IS $95,000; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $95,000 BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. Object or purpose: to reconstruct, in part, the Town Hall ("Project") at the estimated maximum cost of $95,000, appropriating said amount therefor and determining that, pursuant to SEQRA, the Project is a Type II Action and no further review is required. Amount of obligations to be issued: $95,000 Period of probable usefulness: five (5) yeazs A complete copy of the Bond Resolution summarized above shall be available for public inspection during normal business hours at the Town Clerk's Office, 53095 Main Road, Southold, New York. Dated: February 12, 2008 Southold, New York ~ Vote Record -Resolution RES-2008-174 D Adop[ed ' Yes/Aye No/Nay Abstain ' Absent ^ Adopted as Amended William Ruland '. Initiator ~ ^ ^ ^ Defeated Vincent Orlando Voter 0 ^ ^ ^ ^ Tabled Albert Kmpski Jr. Seconder 0 ^ ^ ^ ^ Wi[hdmwn Thomas H. Wickham Voter 8 ^ ^ ' ^ ^ Supervisors APPI Louisa P. Evans Vo[er D ^ ^ ' ^ ^ Tax Receivers Appt Scott Russell Vo[er ~ ^ ^ ' ^ 2000'1/5 CATEGORY: Authorize to Bid February 12, 2008 Southold Town Board Meeting Minutes DEPARTMENT: Highway Department Advertise F-650 Dump Truck Page 25 RESOLVED: that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for one tll new medium size F-650 Dump Truck or equal for use by the Southold Town Highway Department on Fishers Island, subject to the approval of the Town Attorney, and advertised in Newsday; and be it FURTHER RESOLVED that the appropriation line to be charged will be as follows: 2008 Highway Fund Part Town line item DB.5130.2.300.100. / Vote Record- Resoiutan RES-200&175 0 Adopted _ Yes/Aye No/Nay Abstain Abseut ^ Adopted as Amended William Auland '.. Voter D ^ ', ^ ' ^ ^ Defeated Vincent Orlando Initiator 8 ^ ^ ^ ^ Tabled Albert K~upskt Jc Seconder ~ ^ ~ ^ '' ^ ^ Wi[hdmwn Thomas H. Wickham Voter p ^ ._ ^ ^. ^ Supervisor's APPt Louisa P. Evans Voter D ^ ~ ^ ^ ^ Tax Receivers APPt Scott Russell Voter D ^ ^ - ^ 2008-176 CATEGORY: DEPARTMENT.• Bid Acceptance Highway Department Accept Bid Sterling LT9522 Tri-Axle Dump Truck RESOLVED that the Town Board of the Town of Southold hereby accents the bid of Lone- Lewis Sterline of Madison, Alabama, for the purchase of one tll new 2007 Sterline LT9522 Tri-axle 21-Yard Dumu Truck, in the amount of $99,848.00 plus shinpin¢ of $2 325.85 which toeether total $102,178.85, for use by the Southold Town Highway Department and subject to the approval of the Town Attorney. The Capital Appropriations line to be charged is H.5130.2.300.500. / Vote Record - ResolutiomRES-2008d7b ~ Adopted _ Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland Voter m ^ ^ ^ ^ Defeated Vincent Orlando '.. Voter D ^ ' ^ ^ ^ Tabled Albert Kmpskt Jr. Initiator 0 ^ ^ ^ ^ Withdrawn Thomas H. Wickham Voter ~ ^ ^ ' ^ ^ Supervisors APP[ Louisa P. Evans Seconder 0 ^ ^ ^ ^ Tax Receivers Appt Scott Russell Votcr ~ ^ ^ ^ February 12, 2008 Southold Town Boazd Meeting Minutes 2008-177 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Page 26 Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between the Suffolk County Off ce for the Aging and the Town of Southold for the III-C Nutrition Programs RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Suffolk Countv Office for the Aging and the Town of Southold for the III-C Nutrition Programs, for the period January 1, 2008 through December 31, 2008, for congregate and home delivered meals for the elderly, subject to the approval of the Town Attorney. /Yo#Record:-ResototionRES-2008.177 8 Adopted _ Yes/Aye No/Nay Abstain '; Absent ^ Adopted as Amended William Ruland Voter 0 ^ ^ ~ - ^ ^ Defeated Vincent Orlando Voter 8 ^ ^ ^ ^ Tabled Albert Krupski Jr Voter m ^ ^ ', ^ ^ Withdrawn Thomas H. Wickham Seconder 0 ^ ^ ^ ^ Supervisor's App[ Louisa P. Evans Initiator 0 ^ ^ ^ ^ Tax Receiver's Appt Scott Russell Voter D ^ ^ ^ 2008-178 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Detective Steven Harned to Attend a Taser Recertification Course In Patterson, NY RESOLVED that the Town Board of the Town of Southold hereby grants uermission to Detective Steven Harned to attend a Taser Recertification Course at the Putnam Countv Sheriffs office. in Patterson. New York, commencing on Mondav March 10 through Tuesday. March 11, 2008. All expenses for registration and travel to be a legal chazge to the 2008 Police Training budget line - A.3120.4.600.200. / Vote Record -Resolution RES-2008-178 0 Adopted _ Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland '. Voter ~ ^ ^ ^ ^ Defeated Vincent Orlando Voter ^ ^ ^ ^ ^ Tabled Albert Kmpslo Jr. Voter 0 ^ ^ ^ ^ Wi[hdmwn Thomas H. Wickham Initiator 8 ^ ^ ^ ^ Supervisors APPt Louisa P. Evans .'.. Seconder 0 ^ ^ ^ ^ Tax Receivers Appt Scott Russell Voter 0 ^ ^ ^ February 12, 2008 Southold Town Board Meeting Minutes 2008-179 CATEGORY: DEPARTMENT: Authorize to Bid Town Clerk Page 27 Authorize and Directs the Town Clerk to Advertise for Various Road Treatment Bids for the Calendar Year 2008 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for various road treatment bids for the calendar vear 2008. Vote Rernrti = Resolutlou RES2008-t79 ® Adop[ed Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland Initiator ~ ^ ^ ^ ^ Defeated Vincen[Orlando Seconder ~ ^ - ^ ^ ^ Tabled Albert Krupski Jr. Voter ~ D ^ ^ ^ ^ Withdmwn Thomas H. Wickham Voter m ^ ^ ^ ^ Supervisor's APPt tAUlsa P. Evans ~ Voter 0 ^ ~ ^ ^ ^ Tax Receiver's App[ Scott Russell Vo[er ® ^ ^ ^ 2008-180 CATEGORY.• DEPARTMENT: Budget Modification Public Works 2007 Budget Modification RESOLVED that the Town Board of the Town of Southold hereby modifies the 2007 Whole Town budeet as follows: From: A.1620.1.200.100 Buildings & Grounds, P.S. Part-Time, Regulaz Earnings $12,281.77 To: A.1620.1.100.200 Buildings & Grounds, P.S. Full-Time, Overtime Earnings $ 2,450.24 A.1620.4.100.200 Buildings & Grounds, C.E. Gas & Oil $ 5,263.93 A.1620.4.100.250 Buildings & Grounds, C.E. Heating Fuel $ 2,523.38 A.3310.4.200.200 Traffic Control, C.E. Light & Power $ 151.90 A.5182.4.400.700 Street Lighting, C.S. Pole Rental $ 1,366.18 A.5182.4.100.200 Street Lighting, C.E. February 12, 2008 Southold Town Board Meeting Minutes A.5182.4.200.250 Gas & Oil Street Lighting, C.E. Street Lighting Power $ 402.11 $ 124.03 Page 28 / Vote Record -Resolution RES-2008-1 80. 0 Adopted _ Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland Voter ~ ^ ^ ^ ^ Defeated Vincen[Orlando '. Initiator 0 ^ ' ^ ^ ^ Tabled Albert Krupskt Jr. Seconder m ^ ' ^ ^ ^ Withdrawn Thomas H. Wickham '. Seconder ~ ^ ^ ^ ^ Supervisor's APPt Louisa P. Evans Voter ® ^ ^ ^ ^ Tax Receiver's Appt Scott Russell Voter ® ' ^ ^ ^ 2000-101 CATEGORY: DEPARTMENT: Budget Modification Solid Waste Management District Budget Mod Groundwater Monitoring RESOLVED that the Town Board of the Town of Southold hereby modifies the 2007 Solid Waste Manaeement District budget as follows: From• SR 8160.4.400.805 (MSW Removal) $5,790.00 To: SR 8160.4.500.150 (Groundwater Monitoring) $5,790.00 / Vote Record -Resolution RES-2808-1 81 0 Adopted Yes/Aye NoMay Abstain Absent ^ Adopted as Amended William Ruland '. Voter ® ^ ^ ^ ^ Defeated Vincent Orlando '. Voter D ^ ^ ' ^ ^ Tabled Albert Kmpski Jr. Iniha[or D ^ ^ ^ ^ Withdrawn Thomas H. Wickham '.. Seconder D ^ '. ^ ' ^ ^ Supervisofs APPt Louisa P. Evans '. Voter D ^ ' ^ ' ^ ^ Tax Receiver s Appt Scott Russell Voter D ^ ^ ^ ?.000'102 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District Feb 2008 SWMD Budget Mods RESOLVED that the Town Board of the Town of Southold hereby modifies the 2008 Solid Waste Management District budget as follows: February 12, 2008 Southold Town Board Meeting Minutes Page 29 From: SR 8160.2.200.400 (Computer Equipment) SR 8160.1.100.500 (Emp. Holiday Pay) SR 8160.4.400.805 (MSW Removal) $ 140.00 $ 1,500.00 $ 3,000.00 To: SR 8160.2.100.300 (Office Equipment-Chairs) SR 8160.4.100.120 (Emp. Work Gear) SR 8160.4.500.100 (DEC Environmental. Monitor) $ 140.00 $ 1,500.00 $ 3,000.00 ~ Yote Reeoxd -:Resolution RFS-2008-1 82 0 Adopted _ Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended Wdliam Ruland Voter ~ ^ ^ ~ ^ ^ Defeated Vincent Orlando Voter 0 ^ ^ ~ - ^ ^ Tabled Albert Kmpslo Jc Voter D ^ -. ^ - ^ ^ Wi[hdmwn Thomas H. Wickbam Seconder 0 ^ ~ ^ ^ ^ Supervisors APPt Louisa P. Evans ~ Initiator 0 ^ ~ - ^ ^ _ ^ Tax Receivers Appt Scott Russell Voter H ^ ^ ^ 2008-183 CATEGORY: Contracts, Lease & Agreements DEPARTMENT.• Town Clerk Authorize and Direct Supervisor Scott A. Russell to Execute the Contract Between the Town of Southold and the North Fork Audubon Society In Connection with the Beach-Dependent Species Management RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the contract between the Town of Southold and the North Fork Audubon Society in connection with the beach-dependent species management in the total amount of $15,000.00 as follows: Down Payment: $2,500.00 within 10 days of contract signing 2na Payment: $3,500.00 Upon receipt ofmid-season report due 6/15/08 3`a Payment: $1,000.00 Upon receipt of end of season report due 9/15/08 4th Payment: $3,500.00 At start of Season 3/1/09 5th Payment: $3,500.00 Upon receipt ofmid-season report due 6/15/09 6th Payment: $1,000.00 Upon receipt of end of season report due 9/15/09 for the term through September 15, 2009, all in accordance with the approval of the Town Attorney. February 12, 2008 Southold Town Board Meeting Minutes Page 30 /VOte Record-Resolution RES2008-1 83 ® Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland Voter ® ^ ^ ^ ^ Defeated Vincent Orlando Seconder 0 ~ ^ ^ ^ ^ Tabled Albert Kmpski Jr. ~ Voter 8 ^ ~ ^ ^ ^ Wi[hdmwn Thomas H. Wickham Initiator 0 ^ ~ - ^ ^ ^ Supervisor's APPI Louisa P. Evans '.. Voter 0 ^ ^ ^ ^ Tax Receiver's ApPt Scott Russell - Voter ~ ® - ^ ^ ^ 2008-184 CATEGORY.• DEPARTMENT: Support Resolution Town Clerk Home Rule to Amend Tar Law In Relation to the Enforcement of the Tax on Real Estate Transfers In Towns In the Peconic Bay Region and Authorizing Said Towns to Enter Into Cooperative Agreements with the Department of Taxation and Finance for the Enforcement of Said Tax. WHEREAS, a bill has been introduced in the State Assembly as A.1077 and WHEREAS, the bill relates to the enforcement of the tax on real estate transfers in the towns in the Peconic Bay Region and authorizing said towns to enter into cooperative agreements with the department of taxation and finance; now, therefore, be it RESOLVED that pursuant to Article IX of the Constitution, the Town Board of the Town of Southold hereby requests the enactment of Assembly Bill No. A.1077 entitled "AN ACT to amend the tax law, in relation to the enforcement of the tax on real estate transfers in towns in the Peconic Bav region and authorizing said towns to enter into cooperative agreements with the department of taxation and fmance for the enforcement of said tax". /Vote Record-Resolution RES2008-1 84 0 Adopted Yes/Aye No/Nay Abstain ''. Absent ^ Adopted as Amended William Ruland Initiator 0 ^ ^ ^ Defeated Vmcen[Orlando Seconder ® ^ ^ ~ ^ ^ Tabled Albers lWpski Jr. Voter B ^ ^ ^ Withdrawn Thomas H. Wickham '. Voter 8 ^ '. ^ ^ ^ Supervisors Appt Louisa P. Evans Voter D ^ '.. ^ ^ ^ Tax Receiver's App[ Scott Russell Voter ~ ^ '. ^ ^ 2008-185 CATEGORY: DEPARTMENT: Support Resolution Town Clerk Home Rule In Relation to Permitting Towns and Villages In the Peconic Bay Region to Assess Special February 12,2008 Southold Town Board Meeting Minutes Development Fees In Connection with the Issuance of Building Permits WHEREAS, a bill has been introduced in the State Legislature as A.985 and Page 31 WHEREAS, the bill seeks to permit towns and villages w-thin the Peconic Bay regions to impose special development or impact fees on building permits for new construction or the substantial improvement of existing construction for the purposes of : (a) community facilities, (b) traffic mitigation, and (c) school facilities; now, therefore, be it RESOLVED that pursuant to Article IX of the Constitution, the Town Board of the Town of Southold hereby requests the enactment of Assembly Bill No. A.985 entitled "AN ACT to amend the town law, in relation to Hermitting towns and villages in the Peconic Bav region to assess snecial development fees in connection with the issuance of building Hermits". Yote Regard - Resolution RE&2008-1 85 0 Adopted ' Yes/Aye NoMay ', Abstain Absent ^ Adopted as Amended William Ruland Voter ® ^ - ^ ' ^ ^ Defeated Vincen[Orlando Initiator ® ^ ^ ^ ^ Tabled Albert Krupskt Jc Seconder ~ ^ ^ ~ ^ ^ Withdrawn Thomas H. Wickham '. Voter D ^ ^ ' ^ ^ Supervisor's APPI Louisa P. Evare ', Voter D ^ ^ ^ ^ Tax Receivels APPt Scott Russell '.. Voter D ^ ^ 2008-186 CATEGORY: Attend Seminar DEPARTMENT.• Highway Department Attend Conference -Super Intend Highways RESOLVED: that the Town Board of the Town of Southold hereby grants Hermission to Superintendent of Highways, Peter W. Harris. to travel and attend the ConExoo Conference and Education Program/Heaw Equipment Exhibit in Las Vegas Nevada commencing on Tuesday. March 11, through Saturday March 15 2008. All necessary expenses for registration, travel, meals and lodging in connection with the above conference to be a legal charge(s) to the 2008 Highway Fund Part Town Budget line items DB.5140.4.600.200 and DB.5140.4.600.300, respectively. February 12, 2008 Southold Town Board Meeting Minutes Page 32 /YateReedcd=:RasolutiaaRESd008-1 8b 0 Adopted _ Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland '. Voter 0 ^ ^ ^ ^ Defeated Vincent Orlando ~ - Seconder ' ~ ^ ^ ^ ^ Tabled Albert IWpski Jc Initator m ^ ^ ^ ^ Withdrawn Thomas H. Wickham '.. Voter 0 _ ^ _ ^ ^ ^ Supervisor's APPt Louisa P. Evans Voter 0 ^ ^ ^ ^ Tax Receiver's Appt Scott Russell Voter 0 ^ ^ ^ 2008-187 CATEGORY: DEPARTMENT.• 2008 HHW Bid Bid Acceptance Solid Waste Management District RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Care Environmental Corporation to supply the Town with Household Hazardous Waste Removal/Disposal Services at the per drum prices submitted in response to the Town's solicitation on January 24, 2008, all in accordance with the Town Attorney. ~ Yore Resotd =Resolution kES-2008-1 87 m Adopted ;.. Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland Voter ~ ^ ^ ^ ^ Defeated Vincent Orlando '. Voter ~ ^ ^ ^ ^ Tabled Albert Krupski Jr. Voter ^ ^ ^ ^ ^ Withdrawn Thomas H. Wickham Seconder m ^ ^ ^ ^ Supervisor's Appt Louisa P. Evans Initiator D ^ ^ ^ ^ Tax Receiver's App[ Scott Russell Voter 0 ^ ^ ^ ?.008-188 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute Agreement #0006789 Between the Town of Southold and the New York State Department of State RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute Aereement #0006789 between the Town of Southold and the New York State Department of State, in connection with the planning and development of Southold Town Code Revisions, subject to the approval of the Town Attorney. February 12,2008 Southold Town Board Meeting Minutes Page 33 Voto Record - [tesolution RE9-200&1 88 ® Adopted Yes/Aye NoMay Abstain Absent ^ Adopted as Amended William Ruland Voter p ^ ^ p ^ Defeated Vincent Orlatdo Voter ~ ~ ® ~ ^ ^ ^ ^ Tabled Albert Krupskt Jc ~ Voter - 0 - ^ ~ ^ ^ ^ Witttdtawn Thomas H. Wickham Initiator 8 ^ ~ ^ ^ ^ Supervisor's App[ Louisa P. Evans '. Seconder 0 ^ ^ ^ ^ Tax Receiver's App[ Scott Russell Voter - 0 ' ^ ^ ~ p 2008-189 CATEGORY: DEPARTMENT: Recommendations Town Clerk Waive the 30 Day Notification for the Removal of Premise Liquor License to Porto Bello Restaurant RESOLVED that the Town Board of the Town of Southold hereby waives the 30 Day notification for the Removal of Premise liquor license to Porto Bello Restaurant, from 9095 Sound Avenue, Mattituck to 1410 Manhansset Avenue, Greenport, New York. /'Vote Rernrd-Resolution RES-2008-i 89 '.. - 0 Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended Wdliam Ruland Imtia[or ~ ^ ^ ~ -^ ^ Defeated Vincent Orlando Seconder D - ^ ^ _.p ^ Tabled Albert Kmpskr Jr. ;Voter 0 ^ ^ - ^ ^ Wi[hdmwn Thomas H. Wrckham Voter 8 ^ ^ '. ^ Supervisors Appt Louisa P. Evans Voter - p ^ ^ ^ ^ Tax Receiver's Appt Scott Russell Voter ~ ^ ^ ^ 2008-190 CATEGORY.• Property Usage DEPARTMENT: Town Clerk Grant Permission to the Southold School District to Use the Tennis Courts At Tasker Park and Jean Cochran Parkfor Spring Tennis Matches RESOLVED that the Town Board of the Town of Southold does hereby Srants aermission to the Southold School District to use the tennis courts at Tasker Park and Jean Cochran Park for sorine tennis matches subject to the availability of the courts and approval by the Southold Town Recreation Supervisor and provided they file with the Town Clerk a One Million Dollaz Certificate of Insurance naming the Town of Southold as additional insured. February 12, 2008 Southold Town Boazd Meeting Minutes Page 34 /VbteReabrd-ResoluNbnltT330Q8-t 94 D Adopted _ Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Rukmd Seconder 0 ~ ^ _ ^ ^ ^ Defeated Vincent Orlando huda[or 0 ^ ^ ^ ^ Tabled Albert Krupski Jc ~ Voter 0 ^ ~ - ^ ^ ^ Withdrawn Thomas H. Wickham ~ Voter 0 ^ ^ ^ ^ Supervisors APPt Louisa P. Evans Voter 0 ^ ^ ^ ^ Taz Receivers Appt Scott Russell Voter 0 ^ ^ ^ 2008-191 CATEGORY.• Bid Acceptance DEPARTMENT: Town Clerk Accept the Proposal of North Fork Press, Inc. to Print 10, 000 Seaview Trail Brochures In a Pocket-Sized Edition RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of North Fork Press. Inc. to arint 10.000 Seaview Trail brochures in a pocket-sized edition at a cost of $2074.00 to be paid out of contingency funds ~ Vote Record -Resolution RES-2008-1 91 D Adopted _ _ Yes/Aye No/Nay Abstain .Absent. ^ Adopted as Amended William Ruland Voter 8 ^ ^ ^ ^ Defeated Vincent Orlando '.. Voter ~ ^ ' ^ ^ ^ Tabled Albert Kmpskt Jr Initiator ~ - ^ ^ ^ ^ Withdrawn Thomas H. Wickham Seconder ~ ^ ^ ' ^ ^ Supervisor's Appt 1-ouisa P. Evans Voter ~ ^ ~ ^ ^ ^ Tax Receivers App[ Scott Russell Voter 0 ^ ^ ^ Closine Statements Supervisor Russell SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on any issue at this time? Oh, I am sorry. Okay, this letter was asked to be read into the record, it is in reference to the construction of the proposal for the Heritage in Cutchogue. It says, "Dear Supervisor Russell and Members of the Board, I ask that this letter be recorded and read into the minutes at the next Town Board meeting. It is vital that Southold Town government adopt an immediate moratorium on residential site plans in order to study the Town's comprehensive plan for zoning and future development. Southold Town is at a crossroad, teetering on the brink of developing the last remaining parcels of open land without knowledge or planning for the cumulative impact on the community and the available natural resources. The following are a few of the many concerns that must be evaluated: availability of potable water given the shallow north fork aquifer; increased sewage and lack of treatment facilities impacting our water supplies and waterways; traffic and safety; needed road improvements; increased demand for police, fire protection, emergency and other resources; electrical capacity; impact on vegetation and wildlife; impact on taxes. The list of concerns goes on and on but it is impossible to adequately address the issues without looking at the big picture. The problem of increasing density cannot be February 12, 2008 Page 35 Southold Town Boazd Meeting Minutes ignored. Increasing numbers of Cutchogue residents are speaking up against planned high density, senior housing development projects, the Heritage at Cutchogue. According to the Draft Environmental Impact statement, the project site plan calls for 139 approximately 2,000 squaze foot residences and 8,840 squaze foot clubhouse, pool, two tennis courts, 2,400 squaze foot maintenance garage, gatehouse, man-made pond and 322 parking spaces on the 46.16 acre parcel. At a recent community meeting on the project, along with the concerns such as those noted above, questions arose concerning the market for duplex style houses for senior and the expected property tax rates for the properties since condominiums aze taxed at a much lower rate than single homes. This is a critical time for preservation of land, natural resources and the unique character of the north fork. We need to preserve what is left for its current and future residents and for all who visit this incredibly beautiful Town. Our elected officials can and must take the lead. Government can and must control building and development through zoning, re- zoning where appropriate, regulations and ensuring that development projects and density aze controlled. Sincerely, Ellen Paterno" And she is a resident of Cutchogue. Nancy Swastynowich NANCY SAWASTYNOWICZ: Thank you very much for reading that. I attended the work session today, oh, good evening, Nancy Sawastynowicz, Cutchogue. It is a hazd job running a town and I really give you guys credit because there is a lot on your agenda and I have been on Boazds and it is not easy. But I was listening to some of the things you said today on, it was interesting when the Planning Board woman was here, you were discussing different codes and rezoning and I was just wondering, when is the last time the farm stand code was checked and revised? Councilman Thomas Wickham COUNCILMAN WICKHAM: The last substantial revision was in the mid 1900's but there was or I should say maybe towards the latter part of the 1900's. last year there was quite a bit of work on the farm stand code and I think the Board sorted out most of the difficulties and we were just about ready to take it up when the end of the year came and we now have a new Board and my own opinion is, we should be able to deal with those matters, I wouldn't say quickly but productively and in due course. Nancy Swastynowich MS. SAWASTYNOWICZ: Okay. That answered my question. Thank you. and then you guys were talking about you want to also beef up the business zone. I read the memorandum from the Planning Board that was submitted on the November 18`h of the reason to put a moratorium to review residential site plan zones and here it did say that subdivision and commercial site planning zoning were recently assessed. So I am just curious if all these other zones aze going to be discussed and revised, why can't we do residential site plan also, which is the most important, I think right now. I know that we have to control everything in this town but right now the pressure is on, the high density and what is it? The M-1, where Oki-do is? M-2. So I just want to know why, I know, and the Planning Boazd staff is really low right now but they are willing to have a really legitimate reason why we can do this and not be sued because I know that is what was always thrown at us and I just think the reasons aze really important. So if we are going to be doing all these other things, I think it is important to think about the whole Town code because I am sure it all needs to be checked out and I was glad to hear that we are going to look February 12, 2008 Page 36 Southold Town Boazd Meeting Minutes and try to get the wmprehensive plan in one easy to use manual. That will be great. Because right now I just think it is at a really crucial point in our town and you guys are doing a great job and I wouldn't want your job for anything. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Just as a clarification, the discussion on the comprehensive plan was, we have had comprehensive plans historically, what we don't have is a good comprehensive document outlining all of the concerns of the Town and we have all these different initiatives that are sort, you know, the LWRP or reviews historically, the idea is to synthesize everything into one comprehensive, broad document. After the end of the day, after that is done, we are really going to need to look at zoning town wide to make, because the zoning is the key that impacts or enforces that comprehensive plan. So they are sort a hand in hand gesture approach. Thank you. Would anybody else like to address the Town Board? Benja Schwartz, Cutchogue BENJA SCHWARTZ: Benja Schwartz from Cutchogue. They told me I should have two names. How are you doing this evening? We left before the meeting was over this morning. Did you ever get around to the animal welfare league contract? SUPERVISOR RUSSELL: Yes, we did. The contract was in executive session so I can't discuss it. It is an ongoing negotiation with the animal welfare league. MR. SCHWARTZ: So I'll hear about it when you are ready. I wasn't going to speak tonight but I looked around and I see that we have nine members of the general public and a few members of the press and the Town government is well represented. The nine members of the general pubic, I think I believe three of them aze from the East Marion community association and six aze from the Cutchogue group so I thought maybe I, first I want to emphasize, agree with what Nancy was saying. You know, you are talking about doing site plans for agricultural for farm stands. To my knowledge, the Town is not at risk for many huge farm stands although there are some farm stands in Riverhead that aze pretty scary. Commercial site plans also, I don't know what is in the pike right now or what is happening but residential site plan code I think is something that should be on the front burner. We apparently don't have a very well developed residential site plan code. It hasn't been reviewed in a long time. During the moratorium a couple of years ago, that was not addressed. So when are we going to address it? Does anybody want to.... Supervisor Russell SUPERVISOR RUSSELL: As a clarification, actually they did address the residential site plan code during the very lengthy moratorium a few years back. The one aspect of that code that wasn't addressed was design standards for those high density communities. It actually in that code refers to design standards. Design standards would be those obviously those public goals, the open space, the buffers, things like that. That is what is missing from the current residential site plan code Councilman Wickham COUNCILMAN WICKHAM: But I think that today and also at a joint meeting about 10 days ago between the Planning Board and the Town Board, we agreed to review the section dealing February 12, 2008 Southold Town Boazd Meeting Minutes Page 37 with site plans. Site plan for residential site plan as well as business and commercial properties and to revise it and do what needs to be done... Benja Schwartz MR. SCHWARTZ: But you agreed to wait until after the... COUNCILMAN WICKHAM: We are not waiting, we plan to move ahead. MR. SCHWARTZ: Well, before the development in Cutchogue is approved or afterwazds? Because it is not going to do any good afterwards. Anyway, another aspect of residential site plans is clustering and I don't believe there is a cluster standard in our law. Supervisor Russell SUPERVISOR RUSSELL: Yes, there is. In the town code there is a cluster requirement. Again, MR. SCHWARTZ: For subdivisions. SUPERVISOR RUSSELL: For subdivisions, in the residential, well, the residential subdivision law. The problem again, that would be where the design standards for those high density communities would be addressed. Clustering issues, open space, setbacks, buffers. I agree with you 100 percent. That is what is missing. It is unique that this particular project is one of the few areas that you could have that and that they hadn't finished addressing that. MR. SCHWARTZ: I just hope that we address it before it is a moot point. SUPERVISOR RUSSELL: Mmhmm. MR. SCHWARTZ: Before it is too late to make any difference. Councilman Albert J. Krupski, Jr. COUNCILMAN KRUPSKI: Just because it is not specifically in the code for the clustering or maybe on the residential site plan and for the design standards, doesn't mean the Planning Board can't impose any kind of standard it wants on any application. So it is free to act, you know, in those areas. Benja Schwartz MR. SCHWARTZ: Let's hope. Just like to say one more thing, regarding property rights. A lot of people say, if they own the property they should be able to do whatever they want with it. Well, nobody says that anymore? Well, you know what really gets me is the people I hear saying that are the same people that want to sell these condominiums. And a lot of people don't really understand what a condominium is. They look at these, they say, those aze houses. They are not condominiums. They think condominiums have to be apartment buildings or attached. Condominium means that a corporation is going to own these entire 140 houses plus the clubhouse. And when you buy, you are not going to be buying property as we know it, it will be a share, an interest in the corporation. So, for someone to say... February 12, 2008 Page 38 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: I think that is a co-op. I thought a condo was actually a separate angle, whereas the land was held collectively. The structures aze held singulazly. And taxed singularly. Co-ops aze when you aze buying into the shares of a corporation. Those shares allow you the occupancy of a specific area. MR. SCHWARTZ: There is some distinction to be made with a co-op but a condominium, also the entire, Ithink a co-op, they own the individual units and then the own a share in the corporation which owns the community areas. Asst Town Atty Kieran Corcoran ASSISTANT TOWN ATTORNEY CORCORAN: Co-op you own shazes in a corporation and you have a proprietary belief to use a particulaz unit or azea. MR. SCHWARTZ: Property. ASSISTANT TOWN ATTORNEY CORCORAN: Condo, you own the actual structure you reside in and then all the members of the condominium association own... MR. SCHWARTZ: So it is not just the airspace, that is the co-op? ASSISTANT TOWN ATTORNEY CORCORAN: Co-op you own shares of the corporation. SUPERVISOR RUSSELL: I can tell you as an assessor, we tax condominiums singly and separately, with.... Benja Schwartz MR. SCHWARTZ: But it is not like owning property and fee simple. Well, my point that I wanted to make was that there are a bundle of different things go along with owning property and the primary one is possession. And nobody is trying to take that away, nobody is saying that we should not build anything there, not do any development or you know, especially we shouldn't condemn the property if the property owner doesn't want to sell it. We are not talking about taking away the possession. The second probably most important stick in the bundle of property rights that a property owner has is the use of property and if you have a house, you are entitled to live in it and continue to live in it. If you have a store or a factory, you are entitled to (inaudible). The third type of property right is change of use and that is what is at issue here and there is no right to a change of use. Zoning is not a guazantee that if you buy property that is zoned for a particulaz use, there is no guazantee that the property doesn't have a right to that zoning until he has a permit. If he is just going to build one house or something, he can go into the building department, present his plans and it is a ministerial act, he gets a permit. But in the case of a situation like this, a lot of people are saying, well, we can't do anything because the zoning is there and it has been in place. It is simply not true. Any questions? Thank you very much. Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? Anybody? Oh, I am sorry, by all means come on up. February 12, 2008 Page 39 Southold Town Board Meeting Minutes Ellen Paterno, Cutehogue ELLEN PATERNO: My name is Ellen Paterno and I had written that letter and I am pretty new to the Town of Southold but I have real concerns. I have grown up on Long Island, my entire life in Suffolk County and my uncle was a potato farmer in Hicksville and if you are familiaz with Hicksville now, you know that there is not any space anywhere for anything other than houses and traffic, so what scazes me is that's the way easily it could end up out here if we don't take real precautions and be careful you know, what is zoned and what we allow to happen here and when I looked at the kind of the print for that Heritage development, it doesn't even make sense to me. I went to the Southold foundry and I took a look at it and I said, well at least looks like a senior residence but duplexes, without elevators and huge homes. It just doesn't even make sense to me and to me the density is just outrageous, even if it is down to 125, I think that is just way too much density for that, those pazcels and you know, our environrnent is very fragile it is already taking a lot from the increase in building recently and the tourists and the ferry traffic and everything else and if we don't do something to control it, it is going to totally change the north fork. And there isn't anymore, I mean, we know that for a fact, this is the end of it. So you know, that is what I am hoping for. I think if we can put our heads together and really come out with a plan of what this should be and not really rush to say okay to the developers, you know, they want to make money. That is what they do, you know. But we really have to look out for the interest of Southold. And I am willing to really be a part of it and listen and see what seems to make sense. I don't know if anybody wants to ask me anything or not but like I said, I am kind of new to it but I am a good listener and when I see something that doesn't look right to me, I have to speak up about it and that was really the reason for my letter. So... COUNCILMAN WICKHAM: Have you been to Planning Boazd meetings? MS. PATERNO: I haven't yet, no. COUNCILMAN WICKHAM: That would be the place to register these views also. They still have the ability to control aspects of the project. Supervisor Russell SUPERVISOR RUSSELL: And we still do, as a Boazd. And we are well aware of what our options aze and all options are still on the table where we know what tools we have and we have certain goals too and I think we share some of your concerns about size and scope. Interestingly, that Founders Village, which is what I would envision as something more suitable on that site for seniors, smaller, that current density there is actually four residential units per acre. The one that is being proposed in Cutchogue is only 2 and a half per acre. I think the fundamental difference is the size and scope of each of the units. So it is all of those things, it is not just density. It is size, the two story I agree with a lot of those things you say. I look at the revised plan, which is severely cut back from the first and I still think we have a long way to go, there is no question about that. MS. PATERNO: I agree with that. SUPERVISOR RUSSELL: Thank you. February 12, 2008 Page 40 Southold Town Board Meeting Minutes Julie Rapuano, Cutchogue JULIE RAPUANO: Hi, I am Julie Rapuano, I live in Cutchogue. Just to follow up a little on what Benja said, we have been working on this for a long time and very, very slow little bits of progress. We know that property is there, we had a meeting, we were trying to find out could we preserve it? We understand there is way to go azound getting on a list for preservation. So we will look at that. But I think for this particular project we are talking about, why can't anybody who ever owns this property or whoever will develop it just do homes? Like any other little area that we have throughout the east end. Why does it have to be such a tight, conglomerate of living with pools and tennis courts and whatever else they want to put there. If they buy there, after they buy a condominium, it is their right to put whatever they want if they want to pay for it. But I am saying for the money they are thinking of charging for these units, wouldn't it be nice, why not put a house on a %z acre or even like what you say, you put a house on a Y< of an acre if you build relative to that acreage and put a community like we have. We have a nice little community on Crown Land, Highland, we have a little church, we have two little churches, we are very close to the library. It is beautiful. We can all walk to town. Maybe that property, we can, that is available right by the post office can be developed more like Mattituck, so that we have a little shop and bring it out that way. We seem to be locked in on a condominium. I guess that is because that is what the proposal is and that is what we don't want. I don't think most residents, we have had a lot of meetings, a lot of discussion; I don't think anybody is down on some kind of building there. I wrote you a letter, it wasn't really complaining but I had proposed like a pazk or like a place to sell products, farm products. And stuff like that. That was the only two things that I could think of that would be beneficial to the entire community. But I think a nice residential area like what we already have. Then if you have 45 acres, what are you talking about? 90 nice homes. Supervisor Russell SUPERVISOR RUSSELL: I agree with you. I happen to view it a little differently. I actually think condominiums would work better. If they were smaller units and attached with far more open space. Founders Village, again, is a good example of how those tight building envelopes are clustered and there is a lot of lazge, expansive open space. And that in fact, is a very nice community in its own right. What he, again, the scale and scope of what he is proposing, the singularity of the size of each of the units, the cumulative effect of all of that is what eats up a lot of that thoughtful site type of design that is lacking from that. But I am not sure Y acre lots is an answer. I think that you maximize your open space as best you can, so you can get those clusters much tighter in the attached condo style housing is probably the way to do that. It is just that he is proposing something that is so over the top from, I think that is why the Town Board is so interested in trying to minimize and mitigate it as best we can. And we know those options aze available. We haven't dismissed them, moratoriums and all those other things. MS. RAPUANO: Thank you. SUPERVISOR RUSSELL: Okay. Would anybody else like to address the Town Boazd on any issue? (No response) Okay, can I get a motion to adjourn? Motion To: Adjourn Town Board Meeting COMMENTS -Current Meeting: February 12, 2008 Southold Town Boazd Meeting Minutes Page 41 RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:16 P.M. Eliza eth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell