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Home My WebLink AboutTB-02/26/2008ELIZABETH A. NEVILLE TOWN CLERK ~`pa~FFO1KCO~ REGISTRAR OF VITAL STATISTICS ~'~` MARRIAGE OFFICER f ~ ,~yox~ RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES February 26, 2008 7:30 PM Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net A Regular Meeting of the Southold Town Board was held Tuesday, February 26, 2008 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 7:30 PM with the Pledge of Allegiance to the Flag. I. Reuorts 1. Recreation Department Monthly Rgport January 2008 2. Justice Evans January 2008 3. Board of Trustees Year End Report 2007 Janaury 2008 Monthly 4. Justice: Price January 2008: 5. Records Management Department February 2008 6. Special Project Coordinator Monthly Report January 2008 February 26, 2008 Southold Town Board Meeting Minutes II. Public Notices NYS Liquor License Renewal -Seasonal Fishers Island Country Club - Beach House - Club House III. Communications Page 2 1. Letter Complimenting the Planning Department Michael LeStrange thanking and complimenting the Planning Department for assistance and guidance. IV. Discussion 1. 9:00 Am -John Cushman, Janice Foglia Bi-Weekly Audit 2. 9:30 -Heather Lanza Consultant to Planning Department Personnel Matter (Executive Session) Heritage 3. 10:00 Am -Jim Bunchuck Approval of 2008 Capital Projects Promotion to Deputy 4. 10:30 Am -Phillip Beltz, Jim Morgo, Jill Rosen-Nikoloff Downstate Suburban Workforce Housing for Economic Sustainability Act -Executive Summary 5. Proposed CPF Exemption for First-Time Home Buyers per Councilman Orlando 6. Coordinated Rail-Bus Network (Volpe Study) 7. Road Closures for Non-Charitable Events 8. For-Profit Groups Using Our Fields 9. Peconic School Bond per Town Attorney February 26, 2008 Southold Town Board Meeting Minutes 10. Suffolk Downtown Sewer Summit 11. Zoning Recommendations From Planning Board 12. LIRR Request for Support Re Sounding of Train Horns At Crossings 13. North Fork Community Theatre 14. 12:00 Noon -Executive Session -Melissa Spiro, Stephen Searl Property Acquisition 15. Executive Session Workman's Comp Cases -per Councilman Krupski 16. Executive Session Report of Hearing Officer 17. Appointments to Town Committees 18. 1:30 P.M. Margaret Brown Bike Trails Call to Order Page 3 7:30 PM Meeting called to order on February 26, 2008 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status 'Arrived William Ruland Town of Southold 'Councilman Present Vincent Orlando Town of Southold Councilman Present Albert Krupski Jr. Townof 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 Townof Southold Assistant Town Attorney Present Pledee to Flae Ogenina Statements Supervisor Russell SUPERVISOR RUSSELL: If you are the future of this Town, we are in very good shape. Thank you, young ladies. You ladies will stick around and watch Benja yell at us later, won't you? At this point we will get the meeting underway. Would anybody like to come up and address the Town Board on any item as it appears on the agenda? Oh, I am sorry, we have to pledge first. February 26, 2008 Page 4 Southold Town Board Meeting Minutes Would anybody like to come up and address the Town Board on any item as it appears on the agenda? (No response) Hearing none, let's move forward. Special Presentation 7:30 P.M. Anti-Bias Task Force Poster Contest Supervisor Russell SUPERVISOR RUSSELL: Good evening everybody. Before we get the regular meeting underway, we are going to do a special presentation. This is actually poster contest winners from each of the local high schools. I want to mention that this was sponsored by the Southold Town Anti-Bias Task Force. The members are Eleanor Lingo, Jean LePre, Michael Simon, Addie Watson, Cindy Smith, Merle Levine, Betty Murphy, Marjorie Day, Mike Domino, Val Shelby and Caroline Peabody and I just would ask the members of the Anti-Bias Task Force to come on up so that we can present the winners with proclamations and their trophy. I am going to ask the contest winners, Sara Tuthill and Isabelle Simon from Oysterponds to please come up; Fiona Pearlstein and Amanda Vibert. Congratulations on behalf of the Anti-Bias Task Force and the Town Board. Your posters are more important than the certificate (inaudible). ELEANOR LINGO: On behalf of the Anti-Bias Task Force, I am the co-chairman, I would like to thank the Supervisor and the Town Board for their support. Thank you so much. Marjorie Day will hand out... MARJORIE DAY: Well, first I wanted to say something (inaudible) all the posters reveal what the students are aware of the need (inaudible) It was very difficult for the members of the Task Force to make the cut. To select, there were 19 posters from Oysterponds and 26 from Greenport. All of the participants are to be congratulated, as well as the teachers. Mrs. Gagen from Oysterponds and Mrs. Baglivi and Mrs. McDonald from Greenport. The members of the Task Force of Southold thank all of you. Now I have another reward for all of you. Amanda is not here but I will hold her check for her. We are giving you a check for $50. Congratulations all of you. Minutes Aoaroval RESOLVED that the Town Board of the Town of Southold hereby accents the minutes dated: Tuesday, January 29, 2008 / Vote Record - Acce lance of Minutes for Janua 29 2008 7:30 PM Yes/Aye No/Nay Abstain ', Absent William Ruland '. Voter 0 ^ ^ ^ 0 Accepted Vincent Orlando Voter 8 ^ ^ ^ ^ Accepted as Amended Albert Krupski Jr. Voter 8 ^ ^ ', ^ ^ Tabled Thomas H. Wickham '. Seconder ~ ^ ' ^ ' ^ Louisa P. Evans Initiator 8 ^ ' ^ '. ^ Scott Russell Voter D ^ ' ^ ' ^ February 26, 2008 Southold Town Board Meeting Minutes Page 5 RESOLVED that the Town Board of the Town of Southold hereby accents the minutes dated: Tuesday, February 12, 2008 / Vote Record - Acce tanceo(Minutes (or Febru I 2008 4:30 PM Yes/Aye i Na/Nay Abstain ''. Absent William Ruland Voter 0 ^ ^ ® Accepted Vincent Orlando Voter 0 ^ ^ ^ Accepted as Amended Albert Krupskt Jr Voter 0 ^ ^ ^ ^ Tabled Thomas H. Wickham Seconder m ^ ' ^ ^ Louisa P. Evans Initiator ~ ^ ^ ^ Scott Russell Voter m ^ ^ ^ V. Resolutions 2008-192 CATEGORY: Audit DEPARTMENT: Town Clerk Approve the Audit Dated February 26, 2008. RESOLVED that the Town Board of the Town of Southold hereby aunroves the audit dated February 26.2008. / Vote Record -Resolution RES-2008-192 0 Adopted Yes/Aye No/Nay Abstain '.. Absent ^ Adopted as Amended William Ruiand Voter ^ ^ ® ^ ^ Defeated Vincent Orlando '. Voter 0 ^ ^ ^ ^ Tabled Albert Kmpski Jr Voter 0 ^ ^ ^ Withdrawn Thomas H Wickham Seconder 0 ^ ^ ^ ^ Supervisor's Appt Louisa P Evans Initiator ® ^ ^ ^ ^ Tax Receiver's App[ Scott Russell Voter 8 ^ ^ ^ 2008-193 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Town Board Meeting Set for Tuesday, March Il, 2008 At 4:30 PM RESOLVED that the next Regulaz Town Board Meeting of the Southold Town Board be held, Tuesdav, March 11.2008 at the Southold Town Hall, Southold, New York at 4:30 PM. February 26, 2008 Southold Town Board Meeting Minutes Page 6 /Vote Record-Resolution RES3008-1 93 ^ Adopted Yes/Aye NoMay ! Abstain Absent ^ Adopted as Amended William Ruland Voter ~ ^ ', ^ ^ ^ Defeated Vincent Orlando ~Vo[er 0 ^ ' ^ ^ ^ Tabled Albert Krupskt Jc Voter D ^ ^ '. ^ ^ Wi[hdmwn Thomas H. Wickham Seconder 0 ^ ^ ^ ^ Supervisor's APPt Louisa P. Evans Initiator 0 ^ ^ '. ^ ^ Tax Receiver's ApPt Scott Russell '. Voter D ^ ^ -^ 2008-194 CATEGORY.• Attend Seminaz DEPARTMENT: Police Dept Grant Permission to Det/Sgt John Sinning and Det Joseph Conway to Attend a Training Seminar In Mahwah, NJ on Tuesday, March 25, 2008 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Sereeant John Sinnine and Detective Joseph Conway to attend a seminar on the Inyestieatiye Uses of NCIC, co-hosted by the Bereen County Prosecutor's Office and MAGLOCLEN in Mahwah, New Jersey on Tuesday, March 25, 2008. There will be no registration costs involved. Travel to be by Town vehicle. Expenses for gas and tolls to be a legal charge to the 2008 Police Training budget line - A.3120.4.600.200. ~' Vote Record -Resolution RES-2008-1 94 D Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland Voter D ^ ^ ^ ^ Defeated Vincen[Orlando Voter ~ ^ '. ^ ^ Tabled Albert Krupski Jr. Voter 0 ^ '. ^ '. ^ ^ Wtthdmwn Thomas H. Wickham Initiator 0 ^ '. ^ ^ ^ Supervisor s Appt Louisa P. Evans Seconder 8 ^ ^ ^ Taz Receiver's App[ Scott Russell Voter ~ ^ ^ p 2008-195 CATEGORY: DEPARTMENT: Budget Modification Town Clerk Trustees' 2007 Budget Mod RESOLVED that the Town Board of the Town of Southold hereby modifies the Trustees' General Fund Whole Town 2007 budget as follows: FROM: A.8090.4.400.600 Equip. Maintenance/Repairs $1,580.00 February 26, 2008 Southold Town Board Meeting Minutes TO: A.8090.4.500.600 A8090.4.600.500 Court Reporters Advertising $1,200.00 $380.00 Page 7 ~/ Vote Record -Resolution RES-20118-1 95 D Adapted Yes/Aye No/Nay Abstain Absent. ^ Adopted as Amended William Ruland Initiator 0 ^ ^ ^ ^ Defeated Vincent Orlando '. Voter 8 ^ ^ ^ ^ Tabled Albert Kmpski Jr. Voter D ^ ^ ^ ^ Wi[hdmwn Thomas H. Wickham Voter ~ 0 ^ ^ ^ ^ Supervisors APPt Louisa P. Evans Seconder 0 ^ ^ ^ ^ Tax Receiver's Appt Scott Russell Voter 0 ^ ^ ^ 2008-196 CATEGORY: DEPARTMENT: Budget Modification Town Clerk Conservation Advisory Counci12007 Budget Mod RESOLVED that the Town Board of the Town of Southold hereby modi£-es the Conservation Advisory Council's General Fund Whole Town 2007 budget as follows: FROM: A.3610.4.500.300 Conservation Advisory Council $235.00 TO• A.3610.1.200.100 Regular Earnings $225.00 A.3610.4.600.200 Meeting & Seminars $10.00 ~ Vbte Record -Resolution RE8-2008-1 96 ~ Adopted Yes/Aye ' No/Nay Abstain ', Absent ^ Adopted as Amended William Ruland Voter D . ^ ^ ' ^ ^ Defeated Vincent Orlando Initiator D ^ ^ ^ ^ Tabled Albert Kmpski Jr. Seconder m ^ ~ ^ ^ ^ Withdrawn Thomas H. Wickham Voter 8 ^ ^ ^ ^ Supervisors APPt Louisa P. Evans ': Voter D ^ ^ ^ ^ Taz Receivers Appt Scott Russell ' Voter ~ ^ ^ ^ 2008-197 CATEGORY: DEPARTMENT: Budget Modification Town Clerk Architectural Review Committee 2007 Budget Mod February 26, 2008 Page 8 Southold Town Board Meeting Minutes RESOLVED that the Town Boazd of the Town of Southold hereby modifies the Architectural Review Committee's General Fund Part Town 2007 budget as follows: TO: B.3989.1.200.100 Regular Earnings $36.24 FROM: B.1990.4.100.100 Unallocated Contingencies $36.24 Q Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William RUland Seconder ~ ^ ^ ^ -- ^ Defeated Vincent Orlando Voter p ^ '. ^ f7..... ^ Tabled Albert Kmpski Jr. -Initiator D ^ - ^ ^ ^ Wi[hdmwn Thomas H. Wtckham Voter p ^ ^ p ^ Supervisor's Appt LouisaP Evans Voter ~ - ^ ~ ^ ^ ^ Tax Receivers Appt Scott Russell : Voter El ^ p ^ 2008-198 CATEGORY: Attend Seminar DEPARTMENT.• Police Dept Grant Permission to Senior Bay Constable Donald Dzenkowski and Bay Constable Andrew Epple to Attend a Refresher Course of Marine Law Enforcement RESOLVED that the Town Board of the Town of Southold hereby grants uermission to Senior Bav Constable Donald Dzenkowski and Bav Constable Andrew Eoule to attend a refresher course on Marine Law Enforcement at the Suffolk County Police Academy Training Center in Brentwood New York commencin¢ Monday Aari128 throu¢h Wednesday, Auri130.2008. There is no registration fee. Travel to be by Town vehicle. ® Adopted - Yes/Aye NoMay Abs[aIn Absent ^ Adopted as Amended Wdliam Ruland Voter E] ^ ^ ^ ^ Defeated Vincent Odando Voter D ^ ^ _.. p.. ^ Tabled Alben Kmpski Jr. Voter m ^ ^ _.. p ^ Withdrawn Thomas H. Wickham Seconder ~ ^ ^ p ^ Supervisor's App[ Louisa P. Evans '. Initiator ~ ^ ^ p ^ Tax Receivers Appt Scott Russell Votcr p ^ ^ 2008-199 CATEGORY.• Budget Modification DEPARTMENT.• Police Dept February 26, 2008 Southold Town Board Meeting Minutes Budget Modification -Police Page 9 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2008 Police Whole Town budget as follows: From• A.3130.1.100.200 Overtime Earnings $2650.94 To: A.3130.1.100.500 Holiday Earnings $2650.94 / Vote Record -Resolution RES-2008-199 D Adopted _ Yes/Aye Na/Nay Abstain Absent ^ Adopted as Amended William Ruland Voter 8 ^ . ^ ^ ^ Defeated Vincent Orlando '. Voter B ^ ' ^ ' ^ ^ Tabled Albert Kntpski Jr. ~ Voter ~ ^ ' ^ ^ ^ Withdrnwn Thomas H. Wickham Initiator 8 ~ ^ ^ - ^ ^ Supervisor's App[ Louisa P. Evans Seconder ~ ^ ^ ^ ^ Tax Receiver's App[ Scott Russell Voter D ^ ^ ^ 2008-200 CATEGORY: Attend Seminar DEPARTMENT: Solid Waste Management District Solid Waste Plan Meeting RESOLVED that the Town Board of the Town of Southold hereby grants permission to Solid Waste Coordinator Bunchuck to attend a Stakeholders Meetin¢ to be held by the NYSDEC on the development of the revised New York State Solid Waste Plan and its impact on Local Solid Waste Plans on March 12.2008 at DEC Headquarters in Albany. NY ,with all expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2008 budget (meetings and seminars). / Vo[e Rewrd -Resolution RES-2008-200 D Adopted Yes/Aye No/Nay .Abstain Absent ^ Adopted as Amended William Ruland '. Initiator D ^ ^ ^ ^ Defeated Vincent Orlando Voter D ^ ^ ^ ^ Tabled Albert Kmpski Jr. -Voter ~ ^ ! ^ ^ ^ Wi[bdrnwn Thomas H. Wickham Voter D ^ ^ ^ ^ Supervisots Appt Louisa P. Evans Seconder D ^ ^ ^ ^ Tax Receivers Appt Scott Russell '. Voter D ^ ^ ^ February 26, 2008 Southold Town Board Meeting Minutes 2008-201 CATEGORY: DEPARTMENT.• Budget Modification Accounting Increase Capital Budget for Stormwater Mitigation Page 10 WHEREAS the Town Board of the Town of Southold has provided an appropriation in the 2008 General Fund Whole Town Budget to transfer $79,500 to the Capital Fund for Stormwater Mitigation Projects, and WHEREAS the Supervisor of the Town of Southold has executed a grant agreement with the New York State Department of State to provide net reimbursement in the amount of $260,000 for 11 Stormwater Management Projects in the Town, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby increases the 2008 Cauital bud>?et as follows: Revenues• H.3089.30 State Aid, NYS DOS Grant $260,000 H.5031.30 Interfund Transfers 79,500 Aaurogriations: H.8540.2.100.100 Stormwater Mitigation Projects $339,500 ~. Vote Record -Resolution RES-2068.2 0t D Adopted Ves/Aye No/Ney Abstain Absent ^ Adopted as Amended William Ruland '. Voter ~ ^ ^ p ^ Defeated Vincen[Orlando Initiator ~ ~ ^ - ^ ^ ^ Tabled Albert Krupski Jc Voter m ^ ^ p ^ Withdrawn Thomases Wtcklum Voter ~ ^ ^ --^ ^ Supervisor's Appt LouisaP Evans Seconder 0 ^ ^ ~ ^ ^ Tax Receivers Appt Scott Russell Voter ~ ^ ^ ^ 2008-202 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Police Off cer Thomas Hudock to Attend the Quarterly State of New York Police Juvenile Officers Association Meeting In Binghamton, NY February 26, 2008 Page I 1 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby grants aermission to Police Officer Thomas Hudock the State of New York Police Juvenile Officers Association Quarterly meeting commencing Thursday March 6 through Friday March 7 2008 in Binghamton, New York. All expenses for travel and miscellaneous expenses to be a legal charge to the 2008 Juvenile Aid Budget training line - A.3157.4.600.200. Travel to be by Department vehicle. / Vote Rewrd -Resolution RES-2008-202 8 Adopted Yes/Aye No/Nay ', Abstain ' Absent ^ Adopted as Amended William Ruland Voter ® ^ '. ^ ^ ^ Defeated Vmcen[Orlando Voter ® - ^ ^ ^ ^ Tabled Albert Krupski Jr. Initiator D ^ ^ ^ ^ Withdrawn Thomases Wickham Voter m ^ ^ ^ ^ Supervisor's APPt Louisa P. Evans '. Seconder ® ^ ^ '. p ^ Tax Receiver's Appt Scott Russell '. Voter 8 ^ ' ^ ' ^ 2008-203 CATEGORY: Close/Use Town Roads DEPARTMENT: Police Dept St Paheck Parade, Cutchogue RESOLVED that the Town Board of the Town of Southold hereby Qrants aermission to the Cutchogue-New Suffolk Chamber of Commerce to use the following roads for its 4th Annual St. Patrick's Dav Parade in Cutchogue on Saturday March 15 2008 beginning at 2 PM: Cox's Lane, west on Main Road, to Cases's Lane, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley within ten (10) days of the approval of this resolution to coordinate traffic control. / Vote Remrd -Resolution RES-2008-2 03 0 Adopted ' Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended Wdliam Ruland Voter ~ ^ ^ ^ ^ Defeated Vincent Orlando I. Voter D ^ ^ ^ ^ Tabled Albert Kmpski Jr. '. Voter ~ ^ ^ ^ ^ Withdrawn Thomas H. Wickham Seconder D ^ ^ ^ ^ Supervisors Appt Louisa P. Evans Initiator ~ ^ ^ ^ Tax Receiver's Appl Scott Russell Voter ~ ^ ^ ^ 2008-252 CATEGORY: Close/Use Town Roads February 26, 2008 Southold Town Board Meeting Minutes DEPARTMENT: Town Clerk Suffolk Bicycle Riders Bike/Boat/Bike 6-1-08 Page 12 RESOLVED that the Town Board of the Town of Southold hereby Qrants aermission to the Suffolk Bicycle Riders' Association to use the following Town Roads for their Annual Bike - Boat -Bike event on Sundav. June 1, 2008, beginning at 7:00 a.m., provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured and contact Captain Flatley, upon receipt of this approval, to coordinate traffic control: New Suffolk Avenue, Grathwohl Road, Depot Lane, Mill Road, Soundview Road, Soundview Road Ext., Lighthouse Road, Moores Lane, Albertson Lane, Youngs Avenue, Calves Neck Road, Hill Road, Wells Road, Oaklawn Avenue, Jockey Creek Drive, Ackerly Pond Lane, North Bayview Road, Main Bayview Road, Cedar Avenue, Cedar Beach Road, Bridge Lane, Oregon Road, Wickham Avenue, Westphalia Road, Sound Avenue, and Factory Lane. ~ Vote Rernrd -Resolution RES-2008-2 52 ^ Adopted Yes/Aye No/Nay Abstain Absent ^ Adapted as Amended Wijliam Ruland Voter 8 - ^ ^ ^ ^ Defeated Vincent Orlando '. Voter 8 ^ ^ ^ ~ Tabled Albert Ktvpslo Jr. Voter 8 ^ ^ ^ ^ Wi[hdmwn - - ^ Supervisors App[ Thomas H Wickham Initiator 0 ^ ^ ^ ^ Tax Receiver's Appt I-ouisa P Evans Seconder _ 0 ^ ^ _ ^ Next: Mar 25 2008 7:30 PM Scot[ Russell Voter 0 ^ ^ ^ 2008-205 CATEGORY.• Budget Modification DEPARTMENT: Town Attomey Town Attorney Budget Modification RESOLVED that the Town Board of the Town of Southold hereby modifies the 2007 General Fund Whole Town budget as follows: To: A.1420.4.500.100 Town Attorney, Legal Counsel $8,424.04 A.1420.4.600.600 Town Attorney, Dues & Subscriptions $ 324.12 February 26, 2008 Southold Town Board Meeting Minutes From• A.1420.1.100.200 Town Attorney, Overtime Earnings A.1420.4.600.100 Town Attorney, Litigation Expenses $5,000.00 $3,748.16 Page 13 ~ Vote Retrord - Resolution. RES 2008-2 05 0 Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland Voter D ^ ^ ^ ^ Defeated Vincen[Orlando Voter ~ ^ ^ ^ ^ Tabled Albert Krupslu Jr. Voter 0 ^ ^ ^ ^ Withdmwn Thomas H. Wickham Initiator ~ ^ _ ^ ^ ^ Supervisor's APPt Louisa P. Evans Seconder m ^ ^ ^ ^ Taz Receiver s App[ Scott Russell Voter D ^ ^ ^ 2008-206 CATEGORY: Property Usage DEPARTMENT.• Recreation Approve Relay for Llfe Event RESOLVED that the Town Board of the Town of Southold hereby grants permission to the American Cancer Society (Dawn Heard-rearesentative) to use all of Jean Cochran Park on May 31 -June 1 (from 8:00 a.m. on 5/31 - 10:00 a.m. on June 11. This is an overnight event. Applicant must file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as additional insured. ~ Vate Rernrd -Resolution RES-2008-206 D Adopted _ Yes/Aye No/Nay ', Abstain Absent ^ Adopted as Amended Wdliam Ruland Initiator D ^ ^ ' ^ ^ Defeated Vincent Orlando '. Voter D ^ ^ ' ^ ^ Tabled Albett Kmpski Jr. Voter D ^ ^ ^ ^ Withdmwn Thomas H. Wickham Voter D ^ ^ ^ ^ Supervisors Appt Louisa P. Evans Seconder D ^ ^ ^ ^ Tax Receiver s App[ Scott Russell Voter m ^ ^ ' ^ 2008-207 CATEGORY: Attend Seminar DEPARTMENT: Recreation Approve Attendance for NYSRPS Conference RESOLVED that the Town Board of the Town of Southold hereby ,;rants permission to Recreation Supervisor Kenneth Reeves to attend the NYSRPS Annual Conference in Saratoga Springs, NY from March 30 - Anri12, 2008, with all expenses for registration, February 26, 2008 Southold Town Board Meeting Minutes travel, meals, and lodging to be a legal chazge to the 2008 budget line A7020.4.600.200 (meetings and seminars). Page 14 / Vote Record -Resolution RES2008-2 0'1 D Adopted _ _ Yes/Aye No/Nay - Abstain Absent ^ Adopted as Amended William Ruland Voter 8 ^ ^ . ^ ^ Defeated Vincent Orlando '. Initiator D ^ ' ^ ' ^ ^ Tabled Albert Kmpski Jr. Seconder ~ ^ ^ ^ ^ Wi[hdmwn Thomas H. Wickham '. Voter ~ ^ ' ^ ^ ^ Supervisors APPt Louisa P. Evans Voter D ^ ^ ^ ^ Tax Receiver's App[ Scott Russell Voter 0 ^ ^ ^ 2000-200 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Salary Increase Robert Dumouchel Whereas the Commissioners of the Fishers Island Ferry District have awarded approximately a 10% wage increase to Deckhand Robert M. Dumouchel in recognition of his obtaining a 100 ton Captain's license, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby increases the rate of oav of Robert M. Dumouchel, Declchand for the Fishers Island Ferrv District to $18 00 ner hour effective Februarv 28, 2008. / Vo[e Rernrd -Resolution RES-2008-2 08 ~ Adopted _ Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland _ Seconder D ^ ^ - ^ ^ Defeated Vincent Orlando Voter D ^ ^ ^ ^ Tabled Albert Kmpski Jr. initiator ~ ^ ^ ^ ^ Withdrawn Thomas H. Wickham - Voter ~ ^ ^ ' ^ ^ Supervisor's Appt Louisa P. Evans Voter m ^ ^ ^ ^ Tax Receiver's ApPt Scott Russell Voter m ^ ^ ~ ^ 2008-209 CATEGORY: Budget Modification DEPARTMENT.• Town Clerk Budget Modification General IVhole RESOLVED that the Town Board of the Town of Southold hereby modifies the 2007 General Fund Whole Town budget to cover over-expended auaroariations as follows• February 26, 2008 Southold Town Board Meeting Minutes From: A.9030.8.000.000 Employee Benefits Social Security Benefits To: A.1990.4.100.100 Contingencies, C.E. Unallocated Contingencies $1,132.22 $1,132.22 Page 15 ~/ Vote Record -Resolution RES-2008-209 0 Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland Voter D ^ '. ^ ^ Defeated Vincent Orlando Voter 0 ^ ^ ^ ^ Tabled Albert Krupski Jc... Voter 8 ^ '. ^ ^ _. ^ Withdrawn Thomas H. Wickham Seconder D ^ ^ ^ ^ Supervisor's ApPt Louisa P. Evans Initiator D - ^ ^ ^ ^ Tax Receivers Appt Scott Aussell Voter ~ ^ ^ ^ 2000-210 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Recreation Hire Spring Instructors RESOLVED that the Town Board of the Town of Southold authorizes and directs Suuervisor Scott A. Russell to execute an agreement with the followine individuals for the sarine 2008 recreation programs, all in accordance with the a~aroval of the town attorney Funding for the instructors listed below has been budgeted for in the recreation department's 2008 instructor line A7020.4.500.420. Antoinette Beck-Witt (drawing class) ........................................... Sara Bloom (memoir writing) ........................................... Thomas Boucher (guitar) ............................................................. Constance Case (quilting) ................................................. Eugenia Cherouski (folk dancing) ............................................... Doris Coniglio (knitting for beginners) ........................... James Crosser (Youth Basketball Program) ......................... Paula Croteau (baking classes) .......................................... Shirley Darling (tennis) ................................................... Lenora Dome (belly dancing) .................................................... Martha Eagle (Aerobics) .............................................................. East End Insurance Services (Defensive Driving) ..................... Linda Eckert (sewing) ..................................................... Lauren Egan (CPR classes) ............................................... Chuck Finch (beginner computer) ....................................... Bill Gatz (Youth Basketball Program) ................................. $30/hour $30/hour $30/hour $30/hour $30/hour $30/hour $15/hour $30/hour $30/hour $30/hour $30/hour $30/person $30/hour $52/person $30/hour $30/hour February 26, 2008 Southold Town Board Meeting Minutes Rosemary Martilotta (hatha yoga) ....................................... Tom McGunnigle (basic golf) .......................................... Glenn McKay (computer hardware) .................................... Riverside Gymnastics (youth gymnastics) ................................. Laurie Short (aerobics classes) ................................................... Steve Smith (weight training) ........................................... Touch Dancing Studios (ballroom dancing) ........................... Mary Trentalange (youth craft class) ................................... $55/class $50/person $30/hour $60/person $30/hour $30/hour $58/person $30/hour Page 16 / Vote Record -.Resolution RES-2008-210 ~ Adopted _ Yes/Aye NoMay Abstain .Absent ^ Adopted as Amended William Ruland Voter ~ ^ ^ ^ ^ Defeated Vincent Orlando Seconder 0 ^ ^ ^ ^ Tabled Albert lCtvpski Jr. Voter 0 ^ ^ ^ ^ Withdmwn Thomas H. Wickham '. Initiator 0 ^ ^ ' ^ ^ Supervisor's App[ Louisa P. Evans Voter 0 ^ ^ '' ^ ^ Tax Receiver's APPt Scott Russell Voter 0 ^ ^ ^ 2000'211 CATEGORY: DEPARTMENT.• Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement with the County of Suffolk for the 2008 STOP-DWI Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Aereement with the Countv of Suffolk for the 2008 STOP-DWI Program in an amount not to exceed $19,000.00, for the term January 1, 2008 through December 31, 2008, subject to the approval of the Town Attorney. 'Vote Record-Resolntion RES2008-211 D Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland Initta[or 0 ^ ^ ^ ^ Defeated Vincent Orlando '. Seconder 8 ^ ^ ^ ^ Tabled Albert [Crupskt Jr. Voter ® ^ '.. ^ ' ^ ^ Withdrawn Thomas H. Wickham Voter 8 ^ ^ ^ ^ Supervisor's Appt Louisa P. Evans Voter 8 ^ ^ ^ ^ Taz Receivers App[ Scott Russell Voter 8 ^ ^ ^ 2008-212 CATEGORY: Bid Acceptance DEPARTMENT: Public Works Accept Bid for SUV for DPW February 26, 2008 Page 17 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Mullen Motors Inc. to supply the Department of Public Works a 2007 Sport Utility Vehicle (Jeep Grand Cherokee Laredo 4X41 in the amount of 23 412, all in accordance with the bid specifications in the Legal Notice to Bidders dated January 29, 2008. ~ Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland ' Voter 0 ^ ^ ^ ^ Defeated Vincent Orlando Initiator 0 ^ ^ ^ ^ Tabled Albert Ktupski Jr. '. Voter D ^ ^ ^ ^ Withdmwn Thomases Wickham Voter ~ ^ ^ ~ ^ ^ Supervisors APPt LouisaP Evans Seconder m ^ ^ ^ ^ Tax Receivers App[ Scott Russell Voter D ^ ^ 2008-213 CATEGORY.• Bid Acceptance DEPARTMENT: Highway Department Accept the Bid of Bayshore Ford Truck Sales, Inc., of New Castle, Delaware, for the Purchase of One (I) New Medium-Size 2006 F-650 Dump Truck, In the Amount of $43,100.00 RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Bayshore Ford Truck Sales. Inc., of New Castle Delaware for the purchase of one (l) new medium size 2006 F-650 Dump Truck, in the amount of 43 100 00 for use by the Southold Town Highway Department on Fishers Island, subject to the approval of the Town Attorney; 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 -.Resolation.RES•2008 2 13 ~ Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended Wtlliam Ruland Voter 8 ^ ^ p ^ Defeated Vincent Orlando Voter D p ^ '. ^ Tabled Albert Kmpski Ir. Initiator D ^ ^ ^ Withdrawn Thomases Wtckham Voter D ^ '. ^ '. p ^ Supervisors App[ LouisaP Evans Seconder ~ ^ p ^ ^ Tax Receiver's Appt Scott Russell Voter D ^ ^ 2008-214 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department February 26, 2008 Southold Town Board Meeting Minutes Page 18 Accept the Bid of LaCorte Farm & Lawn Equipment of Calverton, New York, for the Purchase of One (I) New John Deere 5525 Tractor W/ 75 "Wide Right Side-Mounted Flail Mower, In the Sum of $53, 500.00 RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of LaCorte Farm & Lawn Eauigment of Calverton New York for the purchase of one fl) new John Deere 5525 Tractor w/ 75" wide right side-mounted flail mower in the sum of 53 500 00 for use by the Southold Town Highway Department, subject to the approval of the Town Attorney; and be it FURTHER RESOLVED that the appropriation line to be chazged will be as follows: 2008 Highway Fund Part Town line item DB.5130.2.300.100. /VOte Record-Resolution RES-2005-214 0 Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland Voter 8 ^ ^ ^ ^ Defeated Vincent Orlando Voter D ^ ' ^ ' ^ ^ Tabled Albert lGupskt Jr. Voter D ^ ^ ^ Withdrawn Thomas H. Wickham Seconder 0 ^ ^ ^ ^ Supervisor's Appt Louisa P. Evans Initiator 0 ^ ^ ^ ^ Tax Receivers Appt Scot[ Russell Voter 8 ^ ^ ^ 2008-215 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between the Town of Southold and Rx Express Marketing Inc. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Suuervisor Scott A. Russell to execute the Agreement between the Town of Southold and Rx Exuress Marketing Inc. in connection with advertising on paper prescription bags at King Kullen for the Human Resource Center, subject to the approval of the Town Attorney. / Vote Rernrd -Resolution RES-2008-215 D Adopted Yes/Aye No/Nay ' Abstain Absent ^ Adopted as Amended William Ruland ', Voter ® ~ ^ ^ ^ Defeated Vincent Orlando Voter 8 ^ ^ ^ ^ Tabled Albert Kmpskt Jr. Voter ~ ^ ^ ^ Wi[hdmwn Thomas H. Wickham Initiator ~ ^ ^ ^ ~~ ^ Supervisor's App[ Louisa P. Evans Seconder 8 ^ '. ^ ^ ~I ^ Tax Receiver's APPI Scatt Russell Voter D ^ ^ ^ February 26, 2008 Southold Town Board Meeting Minutes 2008-216 CATEGORY: Litigation DEPARTMENT: Town Attorney Page 19 Retains Frank A. Isler, Esq. As Special Counsel In the Supreme Court, Suffolk County Civil Action Entitled "Town of Southold V. the Estate of Grace R. Edson and Lewis Edson A/K/A Lefferts P. Edson " RESOLVED that the Town Board of the Town of Southold hereby retains Frank A. Isler, Esq. as Special Counsel in the Suareme Court. Suffolk County civil action entitled "Town of Southold v. The Estate of Grace R. Edson and Lewis Edson a/k/a Lefferts P. Edson", under Index No. 07-11814. .~ Vote Record -Resolution RES-2008-216 0 Adopted Yes/Aye No/Nay .Abstain Absent ^ Adopted as Amended Wdliam Ruland Initiator 8 ^ ^ ^ ^ Defeated Vincen[Orlando _. '. Voter ~ . ^ .... ^ ^ ^ Tabled Albers Krupski Jr. Voter ~ ^ ^ ' ^ ^ Withdrawn Thomas H. Wickham ' Voter 0 ^ ' ^ ' ^ ^ Supervisor's APPt Louisa P. Evans ! Seconder D ^ ^ ^ ^ Tax Receivers Appt Scott Russel] Voter D ^ ^ ^ 2008-217 CATEGORY: DEPARTMENT: Property Acquisition Public Hearing Land Preservation Set Tuesday, March 11, 2008, At 4:35 P.M, Southold Town Hall, 53095 Main Road, Southold, New York As the Time and Place for a Public Hearingfor the Purchase ofa Development Rights Easement on Property Owned by Demchak or Oregon Rds LLC RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday. March I1, 2008, at 4:35 a.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a aublic hearine for the purchase of a develoQment rights easement on property owned by Michael & Maria Demchak or Oregon Roads LLC. Said property is identified as SCTM #1000-84-1-13. The address is 7810 Cox's Lane, Cutchogue, New York. The property is located on the northeasterly side of Cox's Lane, approximately 1300 feet in a northwesterly direction from the intersection of Cox's Lane and County Road 48 in Cutchogue in the A-C zoning district. The proposed February 26, 2008 Southold Town Board Meeting Minutes Page 20 acquisition is for a development rights easement on the entire parcel consisting of approximately 14.91 acres (subject to survey). The exact area of the purchase is subject to aTown-provided survey acceptable to the Land Preservation Committee and the property owners. The purchase price is $75,000 (seventy-five thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. The easement purchase maybe eligible for partial funding from an awarded NYS Department of Agriculture and Markets grant. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Armex, 54375 Route 25, Southold, New York, and maybe examined by any interested person during business hours. / Vote Rernrd -Resolution RES-2009-217 0 Adopted - Yes/Aye No/Nay Abstain Absent ^ Adopted as eVnended William Ruland Seconder ~ ^ ^ ' ^ ^ Defeated Vincent Orlando Initiator 0 ^ ^ ~ ^ ^ Tabled Albert Krupskt Jr Voter 0 ^ ^ -^ ^ Withdrawn Thomas H Wickham - Voter D ^ ^ ^ ^ Supervisors Appt IquisaP Evans Voter ~ ^ '. ^ p... ^ Tax Receivers APPt Scott Russell Voter 0 ^ '. ^ 1.00g~~.1g CATEGORY: Bid Acceptance DEPARTMENT.• Public Works New Suffolk Drainage Project RESOLVED that the Town Board of the Town of Southold hereby accents the bid of DeLalio/South Fork Asphalt 224A North Main Street Southampton NY 11968 for drainal=_e improvements as Hart of the New Suffolk Drainage Proiect in the amount of $274,999.00 and authorizes and directs Supervisor Scott A. Russell to sign a contract with DeLalio/South Fork Asphalt, all in accordance with the approval of the Town Attorney. February 26, 2008 Southold Town Board Meeting Minutes Page 21 ~' Yote Remrd -Resolution RES•2008-218 D Adopted ,. Yes/Aye No/Nay ', Abstain '. Absent ^ Adopted as Amended Wdliam Ruland Voter D ^ ~ ^ ^ ^ Defeated Vincent Orlando Voter ~ ^ ~ ^ ^ ^ Tabled Albert Kmpski Jr. ~ Initiator 8 ^ ^ '. ^ ^ Withdrawn Thomas H. Wickham '... Voter D '' ^... ^ '. ^ ^ Supervisor's APPt Louisa P. Evans Seconder 0.. ^ ^ ^ Tax Receiver's Appt Scot[ Russell Voter ~ ^ ^ ^ 2008-219 CATEGORY.• DEPARTMENT: Contracts, Lease & Agreements Town Attorney 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 Supervisor Scott A. Russell to execute an A¢reement between the Town of Southold and the New York State Office of Cyber Security & Critical Infrastructure Coordination in connection with the Geographic Information Systems Data Sharing Cooperative Agreement and related documents, subject to the approval of the Town Attorney. ~ Vote Record -Resolution RES-2008-219 ® Adopted '. Yes/Aye No/Nay '. Abstain Absent ^ Adopted as Amended William Ruland Voter D , ^ ^ ^ ^ Defeated Vincent Orlando Voter D ^ ^ ^ ^ Tabled Albert Kmpski Jr. Voter m ^ ^ ~^ ^ Withdmwn Thomas H Wckham Seconder 0 ^ -- ^ p ^ Supervisor's APPt LouisaP Evans Initiator 0 ^ ^ ~ ^ ^ Tax Receiver's App[ Scott Russell Voter ~ ^ ^ p 2008-220 CATEGORY: DEPARTMENT: Employment -Town Town Attorney Adopt Hearing Officer's Opinion & Recommendation WHEREAS, the Town Board of the Town of Southold proferred disciplinary charges against an employee on January 8, 2008; and WHEREAS, a hearing was held on said charges before Hearing Officer Valerie Marvin, Esq., at which time the employee appeared and was represented by counsel; and February 26, 2008 Southold Town Board Meeting Minutes Page 22 WHEREAS, the Hearing Officer issued an Opinion and Recommendation dated February 16, 2008, which has been reviewed along with the record of the hearing by this Town Board; and it is therefore RESOLVED that the Town Board of the Town of Southold hereby adopts the Opinion and Recommendation of the Hearing Officer in its entirety; and it is further RESOLVED that Emalovee #8886 is demoted from the title of Senior Citizen Center Manaeer to Account Clerk at a salary of 40 836 59 all effective February 27 2008 8 Adopted _. Yes/Aye No/Nay ', Abstain ' Absent ^ Adopted as Amended Wdliam Ruland Seconder ^ ^ -- ^ ^ ^ Defeated Vincent Orlando Voter 0 ^ ^ _p ^ Tabled Albert Krupskt Jr Voter p ^ ^ ^ Withdrawn Thomas H. Wickham Initiator ~ ^ ^ p ^ Supervisor's App[ Louisa P. Evans Voter 8 ^ ^ ^ ^ Tax Receiver's App[ Scott Russell Voter p ^ ^ p 2008-221 CATECORY.• Seqra DEPARTMENT: Town Attorney Peconic School Acquisition SEQRA RESOLVED that the Town Board of the Town of Southold hereby finds that the orouosed a~uisition and reconstruction of the Peconic School is classified as an Unlisted Action Lursuant to SEORA Rules and Reeulations 6 NYCRR Section 617 and that the Town Board of the Town of Southold hereby establishes itself as lead aeencv for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendations of Mark Terry dated February 26, 2008, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith; and be it further RESOLVED that the Town Board of the Town of Southold hereby determines such actions to be consistent with the Town of Southold LWRP. February 26, 2008 Southold Town Board Meeting Minutes Page 23 / Vote Record -Resolution RES2008-221 ~ Adopted Yes/Aye No/Nay '. Abstain '. Absent ^ Adopted as Amended William Ruland Initiator D ^ ^ ^ ^ Defeated Vincent Orlando Voter D ^ ^ ^ ^ Tabled Albert Krupskt Jc Seconder m ^ ^ ', ^ ^ Wi[hdmwn Thomas H. Wickham Voter ~ ^ '. ^ ^ ^ Supervisor's App[ Louisa P. Evans Voter 0 ^ ^ ^ ^ Tax Receivers Appt Scott Russell Voter 8 ^ ^ ^ 2008-222 CATEGORY: Affordable Housing DEPARTMENT: Town Attorney Downstate Suburban Workforce Housing Act WHEREAS, the Town Board of the Town of Southold has met with Michael White, Executive Director of the Nassau Suffolk Regional Planning Board, to review and discuss the proposed Downstate Suburban Workforce Housing for Economic Sustainability Act; and WHEREAS, the goal of the Act is to work with municipalities to stimulate affordable housing opportunities in regions where housing costs far exceed household incomes; and WHEREAS, many elements within the Act have been addressed or are currently being pursued by the Town in its planning initiatives to foster workforce housing for residents in the Town of Southold; BE IT HEREBY RESOLVED that the Town Board of the Town of Southold hereby authorizes Suaervisor Scott A. Russell to submit a letter on behalf of the Town Board indicating the Town's nreliminarv sunaort for manv of the Act's oroaosed features / Vote Record -Resolution RES2008-222 ~ Adopted .Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended Wdliam Ruland Voter D ^ . ^ ^ ^ Defeated Vincent Orlando Initiator ~ ^ ^ ^ ^ Tabled Albert Krupski Jr. ' Voter ^ D ' ^ ^ ^ Withdrawn Thomases Wtckham 'Seconder 8 ^ ^ ^ ^ Supervisors ApPt Louisa P. Evans Voter ~ ^ ^ ^ ^ Tax Receiver's APPt Scot[ Russell Voter ~ ^ ^ ^ February 26, 2008 Southold Town Board Meeting Minutes 2008-223 CATEGORY: Contracts, Lease & Agreements DEPARTMENT.• Town Attomey Consultancy Agreement W/William Cremers Page 24 RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to execute a consultancy agreement retaining the services of William Cremers to assist the Planning Department in site Dian review and other Town planning functions, payment not to exceed $1,000 per month for a period no more than six (6) months, subject to the approval of the Town Attorney. ~ Vote Rernrd - Resolution RES-2008-223 H Adopted _ Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended Wdliam Ruland Seconder D ^ ^ -^ ^ Defeated Vincen[Orlando Voter D ^ ^ ' p ^ Tabled Albert Krupski Jr. Initiator D ^ ' ^ ' ^ ^ Withdrawn Thomas H Wickham I Voter D ^ ^ '. ^ ^ Supervisor's Appt Louisa P. Evans Voter 0 ^ ^ ^ ^ Tax Receivets Appt Scott Russell Voter D ^ ^ p 2008-224 CATEGORY.• Bond DEPARTMENT.• Town Clerk Band for Peconic School BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK ("TOWN"), ADOPTED FEBRUARY 26, 2008, AUTHORIZING THE TOWN TO: (A) ACQUIRE FROM THE SOUTHOLD UNION FREE SCHOOL DISTRICT, FOR USE AS A TOWN RECREATION CENTER AND FOR OTHER TOWN PURPOSES, THE CERTAIN PARCEL OF LAND IN THE TOWN, CONTAINING 4.3 ACES MORE OR LESS, KNOWN AS THE "PECONIC SCHOOL PROPERTY," LOCATED AT 1170 PECONIC LANE, AND DESIGNATED ON THE SUFFOLK COUNTY LAND AND TAX MAP AS 1000-075.00-01.00-013.000, INCLUDING THE PECONIC SCHOOL BUILDING AND ALL OTHER BUILDINGS AND IMPROVEMENTS THEREON, AT THE ESTIMATED MAXIMUM COST OF $1,100,000, AND (B) CONSTRUCT IMPROVEMENTS TO SUCH PECONIC SCHOOL BUILDING AND ALL OTHER BUILDINGS, AT THE ESTIMATED MAXIMUM COST OF $250,000; STATING THE ESTIMATED TOTAL COST THEREOF IS $1,350,000; APPROPRIATING SAID AMOUNT Februazy 26, 2008 Page 25 Southold Town Board Meeting Minutes THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,350,000 SERIAL 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, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to: (a) acquire from the Southold Union Free School District, for use as a Town Recreation Center and for other Town Purposes, the certain parcel of land, containing 4.3 acres more or less, in the Town, known as the "Peconic School Property," located at 1170 Peconic Lane, and designated on the Suffolk County Land and Tax Map as 1000-075.00-01.00-013.000, including the Peconic School Building and all other buildings and improvements thereon, at the estimated maximum cost of $1,100,000 (the "Land Acquisition"), and (b) construct improvements to such Peconic School Building and all other buildings, at the estimated maximum cost of $250,000 (the "Building Improvements"). The estimated total cost of said specific objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof, is $1,350,000 and the said amount is hereby appropriated therefor. The plan of financing includes the issuance of not to exceed $1,350,000 serial bonds of the Town to finance said appropriation and the levy and collection of taxes on all the 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 $1,350,000 are 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 are hereby determined and declared: (a) The period of probable usefulness applicable to the Land Acquisition, for which $1,100,000 serial bonds herein authorized are to be issued, within the limitations of Section 11.00 a. 21. (a) of the Law, is thirty (30) years, ;however the maturity of said bonds shall not exceed twenty-five (25) years. February 26, 2008 Southold Town Board Meeting Minutes Page 26 The building or buildings to be improved are of Class "A" construction as defined by Section 11.00 a. 11.(a)(1) of the Law and the period of probable usefulness applicable to the Building Improvements, for which $250,000 of said serial bonds are authorized to be issued, pursuant to Section 11.00 a. 12.(a)(1) of the Law, is twenty-five (25) years. (b) The proceeds of the bonds herein authorized, and any bond anticipation notes issued in anticipation of said bonds, may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The 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 Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617 ("SEQRA") has heretofore determined that: (i) the Land Acquisition described herein is an Unlisted Action pursuant to SEQRA, will not result in any significant adverse environmental impact and a negative declaration has been adopted and filed and (ii) the Building Improvements described herein are a Type II Action pursuant to SEQRA and that further review is required. (d) The proposed maturity of the bonds authorized by this resolution will 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 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 aze 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 yeaz. February 26, 2008 Page 27 Southold Town Board Meeting Minutes 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 bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 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 i£ (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to cause to be published, in full, in "The Suffolk Times," a newspaper published in Southold, New York and hereby designated the official newspaper for such publication and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form: TOWN OF SOUTHOLD. NEW YORK PLEASE TAKE NOTICE that on February 26, 2008, the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted a bond resolution entitled: "Bond Resolution of the Town of Southold, New York ("Town"), adopted February 26, 2008 Southold Town Board Meeting Minutes Page 28 February 26, 2008, authorizing the Town to (a) acquire from the Southold Union Free School District, for use as a Town Recreation Center and for other Town purposes, the certain parcel of land in the Town, containing 4.3 aces more or less, known as the "Peconic School Property," located at 1170 Peconic Lane, and designated on the Suffolk County Land and Tax Map as 1000-075.00-01.00-013.000, including the Peconic School Building and all other buildings and improvements thereon, at the estimated maximum cost of $1,100,000, and (b) construct improvements to such Peconic School Building and all other buildings, at the estimated maximum cost of $250,000; stating the estimated total cost thereof is $1,350,000; appropriating said amount therefor and authorizing the issuance of $1,350,000 serial bonds of said Town to finance said appropriation.," an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING said Town to (a) acquire from the Southold Union Free School District, for use as a Town Recreation Center and for other Town Purposes, the certain parcel of land, containing 4.3 acres more or less, in the Town, known as the "Peconic School Property," located at 1170 Peconic Lane, and designated on the Suffolk County Land and Tax Map as 1000-075.00-01.00-013.000, including the Peconic School Building and all other buildings and improvements thereon, at the estimated maximum cost of $1,100,000 (the "Land Acquisition"), and (b) construct improvements to such Peconic School Building and all other buildings, at the estimated maximum cost of $250,000 (the "Building Improvements"); STATING the estimated total cost thereof, including preliminary costs, and costs incidental thereto and the financing thereof, is $1,350,000, APPROPRIATING said amount therefor; and STATING the plan of financing includes the issuance of not to exceed $1,350,000 serial bonds of the Town, and the levy and collection of taxes on all the 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; SECOND: AUTHORIZING the issuance of $1,350,000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York (the "Law") to finance said appropriation; THIRD: DETERMINING the period of probable usefulness applicable to the Land Acquisition, for which said serial bonds are authorized, is thirty (30) years; however the maturity of said bonds shall not exceed twenty-five (25) yeazs and the period of probable usefulness applicable to the Building Improvements, for which said serial bonds are authorized, is twenty-five (25) years; STATING that the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof maybe applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purpose for which said bonds are authorized; STATING that the Town Board 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 Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations February 26, 2008 Page 29 Southold Town Board Meeting Minutes Part 617 ("SEQRA") has heretofore determined that: (i) the Land Acquisition described herein is an Unlisted Action pursuant to SEQRA, will not result in any significant adverse environmental impact and a negative declaration has been adopted and filed and (ii) the Building Improvements are a Type II Action pursuant to SEQRA and that further review is required; and the proposed maturity of said $1,350,000 serial bonds will exceed five (5) years; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: February 26, 2008 Elizabeth A. Neville Town Clerk Section 8. The Town Clerk is hereby authorized and directed to cause said bond resolution to be published, in summary, in substantially the form set forth in Exhibit A attached hereto and made a part hereof, after said bond resolution shall take effect, in the newspaper referred to in Section 7 hereof, and hereby designated the official newspaper for said publication, together with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York. EXHIBIT A BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK ("TOWN"), ADOPTED FEBRUARY 26, 2008, AUTHORIZING THE TOWN TO (A) ACQUIRE FROM THE SOUTHOLD UNION FREE SCHOOL DISTRICT, FOR USE AS A TOWN RECREATION CENTER AND FOR OTHER TOWN PURPOSES, THE CERTAIN PARCEL OF LAND IN THE TOWN, CONTAINING 4.3 ACES MORE OR LESS, KNOWN AS THE "PECONIC SCHOOL PROPERTY," LOCATED AT 1170 PECONIC LANE, AND DESIGNATED ON THE SUFFOLK COUNTY LAND AND TAX MAP AS 1000-075.00-01.00-013.000, INCLUDING THE PECONIC SCHOOL BUILDING AND ALL OTHER BUILDINGS AND IMPROVEMENTS February 26, 2008 Southold Town Board Meeting Minutes Page 30 THEREON, AT THE ESTIMATED MAXIMUM COST OF $1,100,000, AND (B) CONSTRUCT IMPROVEMENTS TO SUCH PECONIC SCHOOL BUILDING AND ALL OTHER BUILDINGS, AT THE ESTIMATED MAXIMUM COST OF $250,000; STATING THE ESTIMATED TOTAL COST THEREOF IS $1,350,000; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,350,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. Object or purpose: hereby authorized to (a) acquire from the Southold Union Free School District, for use as a Town Recreation Center and for other Town Purposes, the certain parcel of land, containing 4.3 acres more or less, in the Town, known as the "Peconic School Property," located at 1170 Peconic Lane, and designated on the Suffolk County Land and Tax Map as 1000-075.00-01.00-013.OOO,including the Peconic School Building and all other buildings and improvements thereon, at the estimated maximum cost of $1,100,000 (the "Land Acquisition"), and (b) amstruct improvements to such Peconic School Building and all other buildings, at the estimated maximum cost of $250,000 (the "Building Improvements"). The estimated total cost of said specific objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof, is $1,350,000 and the said amount is hereby appropriated therefor. The Town Board 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 Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617 ("SEQRA") has heretofore determined that: (i) the Land Acquisition described herein is an Unlisted Action pursuant to SEQRA, will not result in any significant adverse environmental impact and a negative declaration has been adopted and filed and (ii) the Building Improvements are a Type II Action pursuant to SEQRA and that further review is required. Amount of obligations to be issued: $1,350,000 Period of probable usefulness: thirty (30) years for the Land Acquisition and twenty-five (25) years for the Building Improvements A complete copy of the bond resolution summarized above shall be available for public February 26, 2008 Page 31 Southold Town Boazd Meeting Minutes inspection during normal business hours at the office of the Town Clerk, at the Town Hall, 53095 Main Street, Southold, New York. Dated: Februazy 26, 2008 Southold, New York / Vote Record -Resolution RES-2008-224 ~ Adapted Yes/Aye No/Nay Abstain ' Absent ^ Adopted as Amended William Ruland Voter D ^ ^ ^ ^ Defeated Vincent Orlando Voter D ^ ^ ^ ^ Tabled Albert Krupski Jr. Voter ~ ^ ^ ' ^ ^ Wi[hdmwn Thomas H. Wickham Seconder 0 ^ '. ^ ^ ^ Supervisors APPt Louisa P. Evans Initiator 0 ^ ' ^ ^ ^ Tax Receiver's App[ Scott Russell Voter 8 ^ ^ p Closing Statements Supervisor Russell SUPERVISOR RUSSELL: That concludes the agenda. Who would like to come up first and comment to the Town Board on any.... COUNCILMAN RULAND: Mr. Supervisor? SUPERVISOR RUSSELL: Yes? COUNCILMAN RULAND: Just two questions. SUPERVISOR RUSSELL: Sure. COUNCILMAN RULAND: Number one, do bond votes require a roll call? COUNCILMAN WICKHAM: They don't require it but we could offer it. SUPERVISOR RUSSELL: We could offer a roll call. ASSISTANT TOWN ATTORNEY CORCORAN: I think it would be prudent to do that. SUPERVISOR RUSSELL: Okay. COUNCILMAN RULAND: Mr. Supervisor, you were moving so fast in the beginning that you spoke faster than I could follow you but with regards to the warrant for the payment of the bills, my vote should be recorded as abstaining because there is a conflict of interest between myself and one of the vendors. SUPERVISOR RUSSELL: I am sorry. I get that a lot. I talk too fast and I am sorry for that. Would anybody like to come up and address the Town Board on any issue? February 26, 2008 Page 32 Southold Town Board Meeting Minutes Edana Cichanowicz, Cutchogue EDANA CICHANOWICZ: Good evening. My name is Edana Cichanowicz and I live at 625 Schoolhouse Road and I would like to talk about the letter, Supervisor Russell, that I had sent you last week pertaining to the Heritage at Cutchogue. It was a very sentimental letter and I realize that it is difficult for the Board to just deal with sentiments and feelings but I have very strong feelings about Southold Town. I grew up here, I am an old local and I love the town very much and I love the rural chazacter of the Town. My husband is with me tonight and he is a retired farmer. I won't read the whole letter but I would like to read a part of it, if I may. `The true heritage of Cutchogue is that of a rural community, with farms, open space and a profound sense of connectiveness and shazed history. It has been a community typified by generations living, working and farming together. I currently work far up the island and I see on a daily basis the havoc wrought when suburban development follows the manifest destiny model. It is a tremendous eyesore. What hurts the most however, is the fact that the underlying mortar of community and all of that word represents is dying. I work with many immigrants on a day to day basis. I work way up the Island in Brentwood and I hear all the time from my immigrant patrons, I come from a small town and the people all lived in a community and they took care of each other and everyone took care of the children and your grandfather knew what you did before you got home and I told my immigrant patrons that I grew up in a town like that and they are skeptical about it. They just don't believe that America was ever like that. And I can't begin to tell you how much that hurts. I explain that it used to be that way in America and that I grew up in such a town and they remain skeptical. They live up the Island where a sense of place has been replaced by identification with an exit on the LIE and the strip malls that service that exit area. Such is the difference between the heritage of Cutchogue and this thing that we are calling the Heritage at Cutchogue. I call it the Heritage at Cutchogue. I know we can't flush out probably that kind of sentiment into maybe reasonable policy, so my heart goes out to you guys and gals because you have to do this. And it is a big job. I have a lot of faith in you. I have read the stewardship documents and I have great admiration for the work that went into the stewardship document and the final outcome I agree with, that is why there is such a disconnect to my mind, in my mind between what is in that heritage document, what I know that this rural community stands for. What I know that we have voted to preserve yea these many years, going to the polls saying we will vote to tax ourselves to preserve open space. There is such a deep disconnect between that which is Cutchogue and which is the heritage of this town and 139 units on that very small piece of property, with no publicly accessible space and with in my mind, very little buffering. So that is all I have to say and I do thank you from the bottom of my heart for your attention. Roberta Lee, Cutchogue ROBERTA LEE: Good evening, ladies and gentlemen. My name is Roberta Lee and I live on Main Road in Cutchogue. I have excerpts of an article taken from the Long Island Business News on February 1, published on February 1. The article discusses George Orwell's book 1984, published in 1949. Now I don't mean to imply that the terrible future predicted in 1984 is upon us but at least one aspect of the Orwellian future is coming true and that is the naming of real estate development for the things they are not. More ironic, yes, in many cases they are named for things they replaced. For example, many development across the country that are dubbed `The Woods' required cutting down the woods. Closer to home, on the north fork a subdivision in Mattituck known as Farmveu required paving over farmland. A farm that had February 26, 2008 Page 33 Southold Town Board Meeting Minutes been held in a Reeve family because we know that there are many of those people in this area, that is gone forever. And now in a more worrisome trend, two north fork plans are afoot that seem to intentionally wave red flags in front of opponents. I am referring to one in Cutchogue called the Heritage, a 139 unit senior housing plan targeted for 46.17 acres near the hamlet's post office. Whatever your feelings are about the project, it is hazd to argue with opponents contention that it would change Cutchogue character significantly and not for the better. And it seems to me that the name itself fans the flames of resentment since Cutchogue's actual heritage is farming. Including agriculture and horticulture. The nurseries in this part of the north fork, Cutchogue in particular sell flowers, breed, create and grow a fertile, fertile industry from Connecticut to Virginia and perhaps beyond that. The other industry is fishing. That is the heritage of this area. Not retirement communities. The other projects name, which seems to me to be more in your face, has until recently been Historic Village of Jamesport. The plan calls for commercial development in 10 buildings on 10 acres, in addition to professional and retail uses there would be two bistros, while yes, there have been eateries and retail shops and professional offices in Jamesport over that hamlets long history, these would be new. So to me, there is an unnecessary and aggressively Orwellian tone to the name. both of these proposed developments have sparked considerable community resistance. Activists have fought passionately against the Heritage in Cutchogue, spending many days dug in at card tables outside markets, gathering more than 1,000 signatures in opposition. As for the Historic Village of Jamesport, Historic Village of Jamesport. A recent story in the Riverhead News Review reported that at a recent hearing, there were 13 speakers and all 13 argued fervently against this project. One said it would spell the absolute ruin of the hamlet. The president of the Jamesport/South Jamesport civic association called it a precedent setting decision and pleaded with the Town Board not to repeat the mistake that so many of the towns west of us have made. With the stage thus set, attorney Charles Cuddy strode to the lectern to speak for the project. Then as reported in the News Review, he said the original named Historic Village at Jamesport could easily get confused with the designation the hamlet already has as a historic district. That sounded reasonable and in fact, almost thoughtful. So what was the new name selected with care by the projects backers? The Village of Historic Jamesport. It drew moans, groans and laughter said the News Review. Should developers be brutally honest? Calling their projects `Blacktop Acres'? Or `Meadows be Gone'? Or `All the Dead Frogs'? Probably not. But limiting the (inaudible) to the geographical features to be displayed seems less incendiary than Orwellian messing with heritage and history. If the name Heritage at Cutchogue is a lie, then everything about this development is a lie. Thank you for your attention. SUPERVISOR RUSSELL: Would anybody else like to come up? Nancy Swastynowich, Cutchogue NANCY SAWASTYNOWICZ: Good evening. Nancy Sawastynowicz from Cutchogue. I was one of the people dug in at the card table, so I would like to add another 152...(inaudible)... SUPERVISOR RUSSELL: It is more than 1,300 I think, at this point. MS. SAWASTYNOWICZ: But anyway I hope all of you Town Board members do look at the petitions. It is very interesting, the people that sign. They are from all over and all types of people. Even Jay Wickham signed. So I am here tonight, I would like to give each one of you February 26, 2008 Page 34 Southold Town Board Meeting Minutes Board members some infonnation about the Suffolk County Water Authority. They are not very truthful. (Inaudible) Well, anyway, on this little hand out, the first letter is to a single home family owner and their request for the Water Authority to give them water and they acknowledge it, they never deny it but they are not going to give her water. So this is called double think. They say there is a limited capacity within the Suffolk County Water Authority system on the north fork. The Water Authority has developed additional wells in the area, demand still far exceeds the supply throughout the entire Town of Southold. The Water Authority is in the position of adding new sources of supply to the system. Due to the unknown nature of its resources, it is impossible to know whether water will be available. So it is really double talk. They don't really say yes but eventually they got their water. So they are giving this one single family homeowner a really hard time but through the rest of the file, when it comes to the Heritage, which is 139 houses on quarter acre lots. They are saying they will give them water. So, I was really distressed when I read here that they do say the water supply is limited and this will be, this is a large impact to the shallow aquifers. But then they say, but if you get site plan approval, we will give you the water. So there is that, you know, double talk again. And it is not truthful. So I am really concemed. And then the last one is, again, they say please be advised about the letter, that they will, they say they will give them the water. I am just, I mean, I am a little confused about the Suffolk County Water Authority. I don't know that much about it but I know if they are telling this single homeowner that there is not enough water and then they will promise 139 units the water. I am a little concerned, so I would just like you to keep that in your nightmare file. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Board? Councilman I{rupslci COUNCILMAN KRUPSKI: Actually the reason for that might be, the letter to the single family homeowner is dated in 2000 and in the last few years, the Suffolk County Water Authority has been very busy putting all sorts of mains and supply lines, so they could supply as many places as they can. So that could be the reason. Benja Schwartz, Cutchogue BENJA SCHWARTZ: You noticed that, too? I am Benja Schwartz from Cutchogue. I am very happy to be here tonight and I want to commend all of you for the wonderful job you are doing with a lot of things running the town. Of course, I wouldn't be here if there weren't some things that aren't getting done. I think some very important ones. Before I, I have got some things to say but I was here at the work session this morning and it just keeps bugging me what Councilman Wickham was saying about how a moratorium would stop the Town. What do you mean by that, in relationship to the Heritage? COUNCILMAN WICKHAM: I would like to take a moment to explain my views but maybe you ought to have the floor first and say the things you want to say? MR. SCHWARTZ: Oh. Alright. I just have to UNIDENTIFIED: He could go on all night. February 26, 2008 Page 35 Southold Town Boazd Meeting Minutes COUNCILMAN WICKHAM: Uh oh. On second thought.... MR. SCHWARTZ: And I don't know what, I am just going to try to flip through the pages that I have been, some pretty scary stuff. You know, in terms of double talk, double think Orwell called it, I have a letter from the developer of the Heritage. He wrote to residents of the north fork where he said that the community is designed to preserve open space. You know, preserve open space by putting up a bunch of condominiums. He also said that the condos were going to kill the weeds on the property. That the weeds are a dangerous condition for Southold Town because the weed seeds could blow around the Town, so they have got to you know, instead of using pesticides they are going to use condos. So, I thought that was great and of course, we are blessed that he has chosen to build condos because my god, somebody could start farming that property again and that would cause pollution. Apparently condos don't pollute. You know, I don't mean to be yelling at you but I think maybe somebody should. I have an a-mail here on my website from Stephen Jones, Chief Executive Officer of the Suffolk County Water Authority. It is a pretty big corporation. I was surprised by the tone he took. I personally resent the implications because the things that we were saying on the website about the Suffolk County Water Authority. We didn't say what he accuses us of. He accuses us of he says, implying that the Suffolk County Water Authority was withholding information on public water supply on the north fork and planning some nefarious scheme to bring water in to support new residential development. Well, I never used the word nefarious. Maybe I should have. But you know, in terms of withholding information, just a quick note. I have been looking for quite a while for this water map that is supposed to be limiting the development because we can't rely on the natural shortages of water if we have a water authority coming in with pipes and they aze going to connect everybody up to pipes so the Town has agreed with the Water Authority and the Suffolk County Department of Health and I am sure you know because you approved this map. Of course, the map was prepared a year before you approved it. The map was dated June 1, 2006. It wasn't approved until July 3, 2007. And then the map on the Southold Town website is the version of that map that is dated June 20, 2000. So that is a little old, which is interesting too, because there was a letter in there with the new map when the Town sent it to Suffolk County Health Department, they apologized that they couldn't send the map from 2000 because that was no longer available. It is on the Town website but I guess the Town Clerk wasn't awaze of that. Unfortunately the newer map is not on the web anywhere that I could find it. The Suffolk County Water Authority has a map but it is dated March 10, 2006. So I was unable to determine the difference between that and the map three months later, which was adopted and although it is the final map, it is confusing when you look at it and the title of it says `draft'. It still says it is a draft. Anyway, I didn't really get much out of the map, so let me move along. Getting away from the Suffolk County Water Authority and the water mains for public water supply on the north fork, you need to take, step backwards and think about the natural sources of water. The water in those mains supposedly is coming from our natural sources of water, bodies of water, under the ground. In the ground. It is actually ground in the water and water in the ground. There are four bodies, huge bodies of water that are somewhat separated that we rely on for water supply on the north fork. The most important section, I think, is the one where I live in Cutchogue. It is also the largest section. The section out in Orient, Orient Point is very limited in scale and size. You know. And the Greenport section is also very small. In Greenport they Februazy 26, 2008 Page 36 Southold Town Boazd Meeting Minutes have had problems from over pumping, they have actually drawn salt water into the fresh water underground because they have been pumping so much fresh water out of it. But as we all know and the Suffolk County Water Authority will tell you, you can just pump forever because there is no limit. You know, we could pump for 100 years with no rain and we would be fine. Well, the water under Cutchogue is called the Cutchogue flow system. That is separated from the other systems by Mattituck Inlet and Mattituck creek on the west and on the east by Hashomamuck Pond, three bodies of water which as you know virtually bisect the north fork. They divide the north fork so there is the ends of that. Now, interesting thing this Water Authority which is so truthful and so informative, when a friend of mine wrote a letter to the Suffolk Times, they refused to publish it because they did research and they asked the Suffolk County Water Authority who told them there was no more Cutchogue flow system, that all the water mains had been connected. Of course, he was talking about the pipes in the public water supply but that is the thinking. Well, some other information which I have come upon in my research through the Suffolk County Water Authority's informative offerings, which they have many, many of, is that this as far as I can tell and I have been called a lot of things but not stupid, well, not recently except, anyway, this shows here that you know, demand rate, system demand rate and the capacity and right now the demand rate is 8,500 gallons a minute and the capacity is 9,000 gallons a minute. So we are okay. We have an extra 500 gallons a minute. 2009 it gets closer. 2010, oops, the capacity is still only 9,000 gallons a minute, the demand is 9,500 gallons a minute. So, we are going to run out of water in two years? Ridiculous, right? I mean, I was telling my shrink about this, he told me people would think I am crazy. I don't have a shrink. But if I did, he would have told me that if I told people we aze going to run out of water in two years, they would say but it is here, in the papers. And you know what? If you don't believe it, you are the ones that should be seeing a shrink. I don't know, I was surprised when I started researching this, I found out through an article that was published in the New York Times, don't remember anything in the Suffolk Times but that it was only five years ago that Shelter Island ran out of water. Remember we had that dry summer? Well, they have three public water supply wells. Two of them dried up and the third one was so over run, it cut out. And they had to get trucks with water, the Red Cross, no, it was the Suffolk County Water Authority to the rescue with trucks of water on the ferry. There is a famous fishing spot off of Shelter Island, they call it the green lawns. Well, in a week the green lawns were, they weren't green anymore. You know. The article in the Times was very interesting. I can provide you a copy of that. It describes how maybe we will need to have a desalinization plant and start drinking the salt water here. But there was someone in there that was quoted, I think, as saying it wasn't on the account of rain, so Art Barnett over in Shelter Island wrote a letter to the editor the next week in the New York Times and I will just read one line. He said, `To say that prolonged drought is not a direct factor in Shelter Island's water supply would be dead wrong.' And he is very correct on that. We have the same situation here. We depend on rain and snow to refill our ground water so that when we pump it out, it doesn't go dry. Of course, if we pump fast enough it will go dry. Oh, and I have two more copies of the same articles. You can skip them. Now, this morning I spent some really fun time looking up that water map. I had to go to the Town Attorney's office. I was reading also, I wasn't only looking at the water map, I was looking also at the Town of Southold water supply management and watershed protection strategy. It is from 2000 but I never came across it before. I don't know. It has some very interesting things in it and I will try not to take too long here but one thing here it says, LBG prepared a water supply report for February 26, 2008 Page 37 Southold Town Board Meeting Minutes Suffolk County Water Authority. I don't know who LBG is but, did some consultant do a report? Essentially it says that a potential water supply could supply a population of 30,000 within the Town of Southold. However, the report did not appear to factor in seasonal population increases. Seasonal population, like summer time. Compromised water quality and prolonged draught conditions, like no rain. Therefore the ceiling of 30,000 population is suggested as a conservative measure, given that the current population year round, is over 20,000 and in the summer it could be over 40,000, it says here that the Town needs to, I don't know, I mean if we only have enough water for 30,000 and we have 40,000 people here I don't know how we are doing it. It is a miracle. You know. Well, how is the Suffolk county Water Authority dealing with this? Well, in the report that the Town signed off on and contract and hired these consultants to do, they go over various alternative things that the Town can do. And on some of them there really is not a lot of controversy over; prohibit or control the sale or use of product and chemicals that threaten ground water resources. Well, the Trustees have been talking about that. They haven't done it yet. Controlling the lawn chemicals. But this one here, I am getting to the end here, I hope. The regional pipe line system. The report says that development of a major supply of uncontaminated ground water in eastern Riverhead, piping it via major transmission main to the eastern portion of the study area was a major alternative considered in the study. It is not recommended primarily because the pipeline would encourage levels of development which appears to be inconsistent with the current lifestyle of the people and the general character of the area. Now, there are some other reasons here, they don't mention the fact that when you bring in all that water, you have got to have a place for the waste water. And we don't treat our sewage. We dispose of our sewage through cesspools. But that impacts the very fragile aquifer. So, okay. The report recommends against water importation. And what is Suffolk County Water Authority doing? Water importation. They have dug a well in Riverhead and they, a pipe, a transmission main. They are now piping water into Southold. I don't know if this is legal or not but I wish somebody would look into it. Because essentially, the peninsula of the north fork is essentially for the purposes of the water supply and the water treatment, it is like we are on an island. We might as well be on Shelter Island. Can you imagine if they put a pipe and pumped water into Shelter Island? How that would change the island? Well, it won't change the north fork as much because we are planning to over-develop anyway but that is another night. You know, there is a whole lot of 20 year old lies in the report that say that, well, we don't want to develop too much but we can go ahead and develop the Heritage in Cutchogue. But then there is some new lies. They recommend doing a proposed water protection zone. A water protection zone is very interesting. I don't know if you can see that but there is like a hole... SUPERVISOR RUSSELL: Can you address the Board, please? MR. SCHWARTZ: There is a hole, sorry, there is other people that couldn't make it here tonight. SUPERVISOR RUSSELL: I appreciate it. MR. SCHWARTZ: Can you see the hole there? February 26, 2008 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: You can see that from where you are? SUPERVISOR RUSSELL: Mmmhmm. MR. SCHWARTZ: Well that hole... SUPERVISOR RUSSELL: I read all, I have been aware of these reports for yeazs. MR. SCHWARTZ: This hole is the Heritage. SUPERVISOR RUSSELL: Right. Page 38 MR. SCHWARTZ: Why are we protecting all the property except for this piece? Well, I don't know. But there is a lot of things I don't know, Scott. And I didn't come here to yell at you but I am pretty damn upset. I don't know if I should say that but you know. The next thing I went to look at, it had a cover page, can you read that? SUPERVISOR RUSSELL: Yeah. Confidential. MR. SCHWARTZ: Confidential. And then after the cover page is a memorandum that says this information is privileged, confidential, attorney-client communication. Then it says that attached to this is the environmental assessment and proposed negative declaration which is you know, proposing an action under SEQRA and this thing is being done in secret? We have a problem. SUPERVISOR RUSSELL: We do. I criticized that... MR. SCHWARTZ: Regarding the adaptation of the amended water supply map, please review and let me know if you have comments or questions. Of course, the public couldn't review this because this was confidential. It says, if the report is acceptable to the Board, the negative declaration, the map, are ready for adoption by resolution. So what happened? They brought it into here and bam, it was enacted. I am almost finished here. What don't you believe? You know, one interesting thing, just one thing from the developer speak and the DEIS, to leave you guys alone for a minute getting back to the developer. He says that this thing is not going to have any impact because it is only going to be a minor blip in the population of Southold. Well, he Forgot about Cutchogue. There is nothing in the environmental proposed draft environmental impact statement that talks about Cutchogue. And the population of Cutchogue, according to the last census was around 3,000 people. So you add 300 to that, that is 10 percent. And there is not going to be any impact? Well, this is, you know, this is all through the thing. Last thing... UNIDENTIFIED: Benja, can I ask one question? MR. SCHWARTZ: Sure... February 26, 2008 Page 39 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Sure. Absolutely. UNIDENTIFIED: Is it alright? What... COUNCILMAN KRUPSKI: Why don't you come over to the microphone? UNIDENTIFIED: I am just trying to remember, in regard to the number of people living there, oh, wasn't one of the constraints that this type of construction, didn't it have something to do with being within the hamlet? That this monstrosity would be visited upon us within a certain... SUPERVISOR RUSSELL: The HALO? Are you talking about the HALO zone? UNIDENTIFIED: Well, is that what I am talking about? SUPERVISOR RUSSELL: Yes. It was... UNIDENTIFIED: The hamlet has a district... SUPERVISOR RUSSELL: When the HALO task force was created, which was prior to my getting here, they specifically left that out of the HALO because it was already zoned quarter acre zoning. The original goal of the HALO was to find areas appropriate for higher density residential development. UNIDENTIFIED: Based on what kind of.... SUPERVISOR RUSSELL: (Inaudible) TDR's, PDD's and the like. I tried to change the focus a little bit and create mini master plans regazding the commercial investment parks, open space, all of that. But the original goal of the HALO zone was to find suitable locations for higher density development. They left the property in Cutchogue out because it was already zoned at quarter acre zoning. It made no sense to include. You couldn't get any denser than that. UNIDENTIFIED: I really still can't understand the reason why, when I bought my house in Cutchogue I was told two acre zoning, take it or leave it. And they are building quarter acre houses on that property, at a lower tax rate than I am paying? Why? It just doesn't, we depend upon the Town Boazd to take a stand on this issue because it is unfair... SUPERVISOR RUSSELL: You are right. It is unfair. And you know, I have been as patient and as gracious as I can be but there is a couple of issues that you really have to understand. First, Benja's assumption that we are not doing anything is factually incorrect. We aze doing a lot. We meet regularly, we know what our strategy is. We know what our goals are. They might not be the same as yours but we know that this is an over the top presentation that we are trying to scale back at every effort. No, the Planning Director did not recommend a townwide moratorium to review the comprehensive plan. She outlined a series of options. She recommended none of them, simply outlined options. Third... February 26, 2008 Southold Town Board Meeting Minutes MR. SCHWARTZ: I am listening... Page 40 SUPERVISOR RUSSELL: Okay Benja, then please listen. That map that you just held up a minute ago talking about the watershed protection plan. If you recall, that whole thing was nothing more than a scientific bait and switch to support five acre zoning. That was done in 2000 as a ruse to try to get the public to believe that five acre zoning was essential and that we couldn't preserve any other way. I spoke against that because I was against five acre zoning. That wasn't a water protection map, that was a five acre zoning tool at the time. That is why it was confidential and it was done eight yeazs before any of us sit before you, with the completely previous Town Board, not one member of that Town Board then is sitting here today, if I am not mistaken. Except Louisa. Sorry, Louisa. Tom? JUSTICE EVANS: Inaudible. COUNCILMAN WICKHAM: Benja? When you are finished, I would like to respond to your questions. MR. SCHWARTZ: Oh, thank you. Thank you. COUNCILMAN WICKHAM: As soon as you finish. MR. SCHWARTZ: Well, I, I am pretty sure that that confidential stuff was, had to do with the map that was just adopted in the summer of 2007. But listen, I am not here to try and, you know, I am just here to try and beg you to take, to open your eyes, to see. You don't want to listen, I can tell. SUPERVISOR RUSSELL: We do, Benja and we are listening and we aze taking action. I have reached out to the actual owners of the property. Not the contractee but the owners. We are trying every means we can. We are not ambivalent to what you are saying. We have a lot of sympathy for a lot of the points that you raised. MR. SCHWARTZ: Let's talk about that. You, I heard, I was there at the work session this morning and I heazd when you asked the Town Planning Director and you didn't say what are our options? SUPERVISOR RUSSELL: I said, did you recommend a comprehensive planner? Do you think we are giving the tools right now to achieve all of our goals? She said, it is the best course of action, which was the pos dec on the SEQRA. Which raises all the issues that you raised tonight. Water quality... MR. SCHWARTZ: But Scott, Scott look. SUPERVISOR RUSSELL: Benja, I listened to you and I don't interrupt. MR. SCHWARTZ: I am listening. February 26, 2008 Page 41 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: All of those issues were raised in the pos dec. it is not like we are not listening. Where we covered that ground. We put a tremendous onus on him. We do not have to adopt or accept anything that he presents as a mitigating factor. It is, you know, that's... MR. SCHWARTZ: I was there, Scott... SUPERVISOR RUSSELL: I know you were MR. SCHWARTZ: And I am an attorney and I know the law. And I know what you said and you didn't ask, was it the best course of action. You said, is it the best course of action? It is called a leading question. You said, you know, where the Planning Board is there, they aze taking care of this problem, isn't this the right thing to do to use SEQRA as a tool to mitigate the harmfiil impacts? My position is that it is not enough to mitigate harmful impacts. My position is that this Town should be looking towards preserving, towazds protecting everything we have got and improving on it. And we shouldn't not just have mitigated less harm, we should have positive benefit from development. I would like to see that property developed, I would love it if we could get to a point where we could talk about that. I am sorry to be, you know, I am perceived as yelling but you say that the Town Boazd is doing something but the Town is doing something. The Town vis-a-vis via the Planning Board who aze an adjudicative, quasi judicial body empowered by the Town Board to review plans submitted by the developer. So the developer is driving the process right now. Jeri Woodhouse told me after the meeting that she was not going to design a development for the developer. Well, how about designing something for the Town? You know? That is what I am asking. And if the Planning Board is not going to do that and it is not really their job, that is the Town Board. The Town Boazd is the legislative Board. The difference is the Planning Boazd is supposed to react to the developers proposition. You, our Town Board, are not doing your job. Your job is to look to the future and to look at what is happening. Not just on the Heritage. Thank you. Councilman Wickham COUNCILMAN WICKHAM: Benja? You asked me for a comment. MR. SCWHARTZ: Yes. I would like to hear, I am sorry. COUNCILMAN WICKHAM: When you are finally finished MR. SCHWARTZ: I am finished. COUNCILMAN WICKHAM: Are you really finished? MR. SCWHARTZ: I am finished. UNIDENTIFIED: There is just one thing I wanted to say. MR. SCHWARTZ: Hold on. Let Tom talk... February 26, 2008 Southold Town Board Meeting Minutes Page 42 UNIDENTIFIED: What the SEQRA said on our thing. That we shouldn't water our lawns. MR. SCHWARTZ: Well, that is, you know, the Suffolk County Water Department's letter to the Town regarding the Heritage project, they said that we can't give you a water availability letter but as soon as after the Town approves the project, we will let you know the water is available. So essentially they aze saying the water is going to be there but they aze not going to tell us yet? How can the Town approve a project if they don't know the water is available? I don't know. I am finished. I promise. COUNCILMAN WICKHAM: You know, water is an area of my professional interest and years of experience and I would like to respond to that but that really is not the issue tonight. The issue is the project. And I would like to just outline a few comments. We have sat here as a Board for weeks now listening to the comments, concerned comments, legitimate comments of people. Many of them are my friends, even my relatives from Cutchogue and I understand the concern and I share much of it. I would like to make three comments tonight that will, I think, give some clarity at least from my perspective and I don't know how to what extent the rest of the Board shares these points of view. The first comment I want to make here is that although the applicant can make his proposal, the Town has enormous leverage to shape the outcome of this development. It is not as if the applicant can just come in here, put his plan down there and that is what is going to be done. There is a very long, somewhat torturous procedure and how this is going to be shaped and looked at by the Town of Southold and I can assure you that it will be shaped differently from how the applicant comes in with it. It is not this Town Board that does that shaping. It is none of us on the Boazd. As a matter of fact, I think we can be faulted for being too much involved in this process. We should not be involved in the process. It is in the hands of the Town's Planning Board. I have spoken with most of the Planning Board members over the last few months about this. I have great confidence in them and I have very high confidence in our Planning staff. They are of high quality people, if not in large quantity. They aze good people and we have solid, professional expertise. Both in our staff and in our Planning Boazd. I personally have confidence that they will shape this project in a way that ultimately we can look back on some years from now and say, yes, it really will serve, it really is serving the purposes and the values of the Town. Second comment I want to make is a little bit of the process of how this actually happens. It doesn't happen here in this meeting hall in a Town Boazd evening. There is a very, as Benja you know probably better than most of us, there is a very prescribed, somewhat formulaic way that the Planning Board is required to review all of this. It is called the State Environmental Quality Review Act procedures. Environmental is an important word, an important part of this process. It means you can't review it from a political perspective. You have to review it from the point of view of what impact will it have on the environment out here. The water you described tonight is an important part of the environment. The traffic is an important part of the environment. All of the different features that make it part of the community or will separate it from the community aze part of those environmental features that will have to be reviewed carefully. Those are the criteria on which the Planning Boazd can shape it. Now, does that mean that the Planning Board is going to redraft the thing for the applicant? No. It means that the Planning Board will say listen, until you come in with a project that meets our requirements, we are simply not going to approve it. And they have the backbone to do that. They have demonstrated it in the past and with your help and your showing up at February 26, 2008 Page 43 Southold Town Board Meeting Minutes public hearings from time to time, I am sure they will continue to do that. There will be three public hearings at which you and others will have the opportunity to be before the Planning Board to give your views about how you think they are shaping this project. You will have an opportunity to do that. Even the Town Board will have an opportunity to do that. The Planning Board is the lead agency but then they reach out to all other agencies for comment, for input on this process. They will reach out to the Town of Riverhead because people have to drive through Riverhead to get to Cutchogue. They will reach out to the Town Board. They will reach to other agencies. We will all have an opportunity to make comment, including the public here. That is what ultimately will shape the project. And if the developer has any smarts at all, he will realize that if he is ever going to get this thing off the ground, he is going to have to adjust. He is going to have to somehow meet and address the Town's concerns. Finally, the last thing I would like to say is about zone changes and moratoria. As you know, zone changes and moratoriums are an issue that come before this Town Board and not the Planning Board. There have been several proposals for some time now that the Board take up a zone change or a moratorium. I can't speak for other Board members. I have not been a proponent for changing the density on this parcel and removing the rather excessive zoning capability that they currently have on this. I am not a proponent of that for two reasons. First of all, I believe... UNIDENTIFIED: Tom, I don't understand what that means. COUNCILMAN WICKHAM: What it means is that the parcel carries a zoning density of half acre zoning whereas most of the rest of the Town has two acre zoning. Quarter acre zoning. Okay. Excuse me. However, the two reasons why I am not proposing changing the zone, one of them is that already the proposal is nowhere's near quarter acre zoning. He is come in with an application that is nowhere's near quarter acre. It is much more sparse than that, even though technically he could try to get that past us. The second reason, as somebody said tonight, we have a concern, there will be development in the Town of Southold whether we like it or not. It is moving out here at the rate of somewhere between one and one and a half percent a yeaz growth in population. Where aze those people going to go? Where are those homes going to be built? The Town has had quite a bit of success in our preservation efforts. We have preserved roughly 1,000 acres since we began tracking it carefully some four years ago. It means to me that as we preserve the lands for agriculture and for open space, probably the most logical places to allow further development is somewhere in the proximity of our existing village centers. Cutchogue, Mattituck, Southold, Greenport, the centers that we have. Which by the way, is a historic pattern that the Town was settled in the first place. I don't think there is anything wrong with encouraging somewhat greater development in and around our village centers as compared with outlying lands that we are trying to preserve. I know that that is somewhat unpopular, I know that the people already living in the village centers may not be comfortable with that but I do think that historically and in terms of smart planning principles, probably that is a reasonable direction. We just don't want to go too far with it. So, for those two reasons I have not been a proponent of a zone change for this property. There are other reasons but those are the two main reasons. Now what about a moratorium? Couldn't we put a stop and a hold on this? The Town Board has been shown to be quite eager to do moratorium from time to time. I am not a proponent of a moratorium because as I said this morning, if you put in a moratorium, it stops not only the applicant but it also stops the Town from shaping how that project is being reviewed February 26, 2008 Page 44 Southold Town Board Meeting Minutes and considered. I think that the Town can shape this project in a way that while we may feaz it, we maybe apprehensive of it, in the long run I think we can, I think we will be able to look back on it and we will be able to say this project does have value and given what's happened in the Town it is going to serve the Town's purpose. Not just the developers purpose. Benja Schwartz MR. SCHWARTZ: Couldn't the Town shape the project after the moratorium? COUNCILMAN WICKHAM: When you have a moratorium, it does two things. It stops the applicant from proceeding, it also ties the hands of the Town in even reviewing it. MR. SCHWARTZ: The Planning Board. COUNCILMAN WICKHAM: It just sits in a file. That is how a moratorium.... MR. SCHWARTZ: Puts it into the Town Board's jurisdiction from the Planning Board's. SUPERVISOR RUSSELL: Can't act on specific applications. COUNCILMAN WICKHAM: A moratorium says... SUPERVISOR RUSSELL: Once a moratorium is called. We can't have any involvement in a specific application. MR. SCHWARTZ: But I have reviewed the underlying law COUNCILMAN WICKHAM: I am concerned as much and perhaps because I am from Cutchogue as much as anybody, about how this project is going forward. My advice to my fellow Board members is to stay out of it. The process in New York state is to give authority on zoning matters to the Planning Board and take it out of politicians hands. That is where it belongs. I have confidence in our Planning Board. And in our Planning staff. The less involvement we have here, although I welcome expressions of concern and indeed moratoria and zone changes are legitimate concerns for this Board, shaping the project, addressing the environmental issues that you have brought to our attention tonight really belong with the Planning Board. MR. SCHWARTZ: Well, I am glad we understand each other. I think we agree to disagree. COUNCILMAN WICKHAM: Okay. MR. SCWHARTZ: What about the importation of water? COUNCILMAN WICKHAM: Let's, let's... MR. SCHWARTZ: What about importation of water into the Town of Southold? When that is against all the planning documents that I have seen... February 26, 2008 Page 45 Southold Town Board Meeting Minutes COUNCILMAN WICKHAM: There was a lengthy process of developing a water mains map and I don't want to try to go into all of that tonight, all I can say is there is adequate water in volume terms to supply and to support, according to the water authority and their data, to support this and all the other foreseen developments that will require water in the near future. MR. SCHWARTZ: Well, I could direct your attention to two documents on the Internet, one on the water authority's website, where they explain why they have to drill a well into (inaudible) aquifer in Huntington. And why they are there... COUNCILMAN WICKHAM: That aquifer has nothing to do with the north fork. MR. SCHWARTZ: And how they explain how the DEC is on their side and wants them to do this. And then there is decision from the commissioner of the DEC, it says they can't do it. COUNCILMAN WICKHAM: I am not going to get involved with the water authority... MR. SCHWARTZ: I am not the only one who does not, you know, I trust our Planning Board and we aze going to try to work with them. I appreciate everything you said about they are going to try to shape this project but their authority is vastly limited compared to the authority of this Board, to consider changing the laws by which they are guided. Same as they are shaping the project, you shape their authority. SUPERVISOR RUSSELL: We are in regulaz contact with the Planning Board. They know our concerns, buffers, open, all of those concerns. They are aware of them. It is our job to make sure they have the tools they need to work... MR. SCHWARTZ: And it is okay to do it if the water authority pumps water into Southold Town. SUPERVISOR RUSSELL: It is an impertinent question. That has nothing to do with the issue in Cutchogue. COUNCILMAN WICKHAM: A different issue. SUPERVISOR RUSSELL: A completely different issue. MR. SCHWARTZ: They are going to use what, 20,000- 40,000 gallons of water a day? SUPERVISOR RUSSELL: You know, look, while we are talking about... MR. SCHWARTZ: (inaudible) That is not going to induce growth? We are talking about planning for Southold Town, I think that I relevant and I don't think it is impertinent. SUPERVISOR RUSSELL: I don't think that that particulaz issue was pertinent to the issue of the February 26, 2008 Page 46 Southold Town Board Meeting Minutes Heritage in Cutchogue. Which is whether they should be bringing water in at the Laurel main at the Riverhead/Laurel line. That is not pertinent to the issue of the Heritage at Cutchogue. MR. SCHWARTZ: It is. It is. SUPERVISOR RUSSELL: Now it is ironic because I could see this, people talking about water quality and population and density growth. I am looking at a list of people who have probably, I have got one person here who has got four illegal aparhnents in their house. So they aze already doing their part of gobbling up all the water. That is the problem. We have to be very honest about this whole discussion. I do not want to see the issue that you suggested that because we don't follow your lead, we are doing nothing. None of that is true. MR. SCHWARTZ: No, I never said that, Scott. SUPERVISOR RUSSELL: All of those, you said we aze not doing anything. Now... MR. SCHWARTZ: The Town Board is not actively... SUPERVISOR RUSSELL: We are. MR. SCHWARTZ: And Supervisor Wickham said the same thing. That the Town Board is not, is hands off. SUPERVISOR RUSSELL: No, he doesn't think the Town Board should be insertive in the Planning Board's role but he has certainly been supportive with the rest of the Board to make sure that the Planning Board has all the tools they need to do their job. That is what we are doing. You know, the discussion about the Heritage is an ongoing discussion, this Board is very active and as Albert said, when I had to go to Denver that time, he told you, there is a lot more going on behind the scenes. Just because it is not out there being discussed or because we are not telling you yes, we are going to do a moratorium for a comprehensive plan, doesn't mean that we are not aware of the Heritage or that we are ambivalent to it. We aze certainly not. MR. SCHWARTZ: History will judge us all. I do believe though that the issue of the water being pumped into the town is directly relevant in consideration of the fact that Suffolk County Water Authority has connected all of the water mains all over the north fork, to the extent there aze water mains all over the north fork, they are all one system. And if water is pumped in one end, it is going to make more water available at the other end.... SUPERVISOR RUSSELL: Okay. We, at the end of the day, control all of the zoning of Southold Town. The Suffolk County Water Authority does not control zoning. We do. So the presence of drinkable or potable water in this town doesn't mean a pell mell rush to develop. The zoning is our job. Not the water authority's job. I am uncomfortable with the linkage of the Laurel main with Riverhead's water supply. It was explained to us that Riverhead has more, better water than we do. I am uncomfortable with that. But that particular issue isn't about zoning. The Heritage is about zoning and trying to mitigate al] of the issues not just water but February 26, 2008 Southold Town Board Meeting Minutes traffic and all those things. Page 47 MR. SCHWARTZ: (Inaudible) In Riverhead that they are putting more water. It is not Laurel that we are talking about. SUPERVISOR RUSSELL: But the tie-in I think, is Peconic Bay Boulevazd at the Laurel/Riverhead line. MR. SCHWARTZ: I think there are two tie-ins. That is the southern.... SUPERVISOR RUSSELL: One is proposed. I don't know if they got that done yet. MR. SCHWARTZ: Yeah, well, it is hard to tell. It is hard to get the information. I am going to sit down. Thank you very much. Michael Simon, New Suffolk MICHAEL SIMON: Can I make a point? I hope it is a conciliatory comment, it may help to bring about a temporary closure of this discussion. The Town Board is in a very difficult position because they aze trying to answer in terms of procedures and the way we deal with it. And we have people on this side of the podium who are making factual claims, some of which are true, some of which may be exaggerated and procedurally the Board seems to be blocked from responding directly to it. That is probably a good thing but it is not a model for a rational discussion. And I think we all have to, I am a partisan on some issues as many of you know, really have to agree on where we are going to be, not agree to disagree but agree what we are going to talk about. And yes, there aze some facts which some people, the Board, can bring up which are worth mentioning. There aze so many issues floating here. One, the first time I became involved, my name is Michael Simon by the way, in Town of Southold life was in 1992 when they had the US/UK stewardship task force. About 17 or 18 of us. Chosen and the Town Board at that time tried very hard to get a very wide spectrum of people on the Board. They tried to get as many people to the right of me as they could, they wound up getting a number of people to the left of me. Okay. But anyway, the point was, the 18 of us actually agreed on all of our provisions after working through this for a couple of yeazs. We had some good leadership from Planning Department and from people on the Town Boazd but among the things, this is what I was getting to, is that seems to accepted at the times was that one of our sub-committees one that was the committee on hamlet preservation and open space preservation. Hamlet density and farmland preservation. And there was a model and we didn't invent it but the model and as I think it is Tom pointed out, is the historical model for the development for this Town when there is going to population coming into this town and as much as people try to retazd it, (inaudible) gonna happen, is can it be directed to the hamlet or is it going to allow people to put up two to five acre pieces scattered all over the north fork? There was pretty nearly a consensus, there certainly was, on this task force that where there is going to be increased density, it is going to be in the hamlets. We also knew that the hamlets didn't necessarily like that but that seemed to be at worst, the least bad situation. Now, one final comment. Everybody talks about nimbyism, I don't think that is the issue here but it is a term which I have heard floated around over the last year, which it is not nimby, it is called banana. Banana stands for `build almost nothing anywhere near anything.' February 26, 2008 Page 48 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Mr. Simon, I know you, I respect you and I like you very much but I found it hard to believe that someone was able to be found that was to the left of you back in 1992. I don't believe that person exists. Emily Brady, East Marion EMILY BRADY: My name is Emily Brady, my husband and I are members of the East Marion Community Association. We live on Shipyard Lane and of course, I know you are very anxious to heaz. I want to talk about Oki-do... SUPERVISOR RUSSELL: No, it is certainly a valid concern. We are happy to listen MS. BRADY: Okay. Anyway, I just wanted to know what is happening. I understand that Tom Wickham is very much against moratorium with the idea of the Heritage and I was wondering if you could have done the same thing with the spa. That spa, I know that Pat Moore has said that the owner of the property is very anxious to get going and I am sure that she is, for her she wants to put money in her pocket, change the character of where we live, we are new residents, we are here for a couple of years. The Suffolk County Water Authority was also a sore point. We paid $4,000 to bring water to one home. Two people occupying it. What will the water needs be for that development? That is actually the least of it in my heart because I know it will be an awful thing for all of us. It will change the character of the north fork, of the east end, of East Marion. Traffic will be horrendous. I see no reason at all except her money and her greed and that is all I can imagine. It can't possibly do anything good for any of us, ever. There is nothing about it. Traffic is a horror, the street is a small street. Our driveway is wider than our street is on Shipyard Lane. The traffic, we know is a terrible problem. They did put a traffic measure out there January 18 a couple of years ago. See how many cars were going up and down in January. In our development of about now I think 22 houses, there is about six of us that aze permanent residents. So, I don't know what the answer is I just know that it is a really bad problem for us and I hope that you are looking at it very clearly and for a period of time. SUPERVISOR RUSSELL: I just need to clarify that the issues of Oki-do and the issues of the Heritage are very different in one way. MS. BRADY: Yes, I understand. Sure SUPERVISOR RUSSELL: The Heritage, as a matter of zoning is allowed to ask for 167 units. We have got him down to 125. There is still too many, it is still too large but we aze working on it. Oki-do does not have an inherent right to pursue the hotel and the restaurant. They are special exception uses. There will be a public process by which the Zoning Board of Appeals will listen to everybody from East Marion and weigh all of those concerns into the decision making and they have every right to say no or yes but half, they have the right to scale it back, they have the right to remove the restaurant, they have the right as ZBA members to address all those concerns in their process. And there will be a public process for that. Currently the lady is focusing on a pos deo, the SEQRA process. She has a lot of cleanup to do and that is where her focus is right now. I know the proposal is over the top. I have a great deal of faith in the Zoning Board of Appeals to listen to community concerns and to embody that in their decision making. February 26, 2008 Page 49 Southold Town Board Meeting Minutes MS. BRADY: When I talked about the Heritage, the only comparison that there is of course, one is a commercial aspect and one is residential but the simple fact is that the (inaudible) will change everything... SUPERVISOR RUSSELL: I agree but from a legal point of view, from a zoning point of view, the Heritage has a right to it by zoning, the Oki-do lady only has the right to ask for it. We have every right to say no. MS. BRADY: Right SUPERVISOR RUSSELL: I don't have the right (inaudible) to say no to his proposal in Cutchogue, as a matter of special exception it doesn't go to the ZBA, it is a matter of right under zoning. There is two different issues and you will have a very public process where the community in East Marion will be heard and I think all of those concerns hopefully will be addressed. We also aren't ambivalent out there either. We are engaging with the Peconic Land Trust to discuss options with the owner on partial preservation plans, all that. Similaz to what we are doing in Cutchogue. I just feel more comfortable in the situation we are in with Oki-do because again, it is the ZBA hearing. They don't have the inherent right. They only have... MS. BRADY: The last time I saw a site plan for it too, only on Shipyazd I counted roughly about 100 spaces for cars, only on Shipyard. And that is going to be throughout. Of course, what she has in mind, too, is that we will have all the ugliness and she will have all the beauty because we will have a little Roosevelt Field parking field down the end, which is a real horror for us. But I want to say one thing tonight before we came to the meeting, I had someone who had spoken to me earlier. I was in a telephone conversation and she said, oh, I forgot, you live in the boondocks. And I said, no, I live in heaven. And she said, and I resent it and I envy you. And I thought, yes, but how long can we hold onto it because that is what it is. Thank you. John Brady, East Marion JOHN BRADY: Hi, my name is John Brady. Just going back to the water supply and in the importing of it. Every drop that you import has to go into the ground as sewage, so it has to affect the groundwater. So why isn't important... SUPERVISOR RUSSELL: It is very important, it is a very important issue. What I said was it was impertinent for the zoning issue of Cutchogue. MR. BRADY: But it has to be impertinent to it because... SUPERVISOR RUSSELL: It is impertinent. MR. BRADY: Every drop that you bring in turns to sewage. SUPERVISOR RUSSELL: That is right and that is an important issue and that is why I have trepidations about the hook-up. But the issue with Cutchogue, the idea of importing water in Laurel how it somehow is going to affect the decision making in Cutchogue isn't related. That is February 26, 2008 Southold Town Board Meeting Minutes Page 50 the reality. We have a water supply map, we have certain goals here, we have certain, you know, targets that we are trying to meet. You know, you can talk all day about the (inaudible) MR. BRADY: (Inaudible) From Riverhead, bring it out here, it goes into the groundwater as sewage no matter what you do with it. SUPERVISOR RUSSELL: I agree with you. The zoning... COUNCILMAN WICKHAM: What is the point, I don't understand... MR. BRADY: Well, the idea, can the Town take all these buildings, Oki-do, the Heritage... COUNCILMAN WICKHAM: Your question, will this have a bad effect on the groundwater because of the .... MR. BRADY: Surely it must. COUNCILMAN WICKHAM: But that is generally reviewed and regulated by the Suffolk County Department of Health Services. They have standards, they have requirements. You have, a well point, for example, has to be so many feet away from anybody's cesspool and if it is more than say 100 feet away, the water has been cleared up by the sand and the water, when they test it through their testing laboratories generally it is always clear. There are standards, there are criteria, there are ways of dealing with it. Yes, it is true, the more water we spend and go through a house, through the toilets etc., it goes out with sewage. It doesn't mean that all of our aquifer is being contaminated. There are ways, the Suffolk County Department of Health Services, they have rules, regulations, permits etc that do protect our aquifer. SUPERVISOR RUSSELL: I just want to clarify what I mean. The presence of public water does not dictate development, zoning does. The zoning is our responsibility. The two acre zoning or one acre zoning. That is our responsibility. The zoning that you, public water doesn't show up and all of a sudden we become Levittown. It doesn't work that way. The zoning map is ours and you can't develop beyond what our zoning permits. That is all factored into all of the decision making. The zoning. That is what we control. And just because public water, I don't want to deny the people of Laurel or Mattituck good potable drinking water because it puts pressure on us. Clearly public water puts pressure on us but I think we have been responding to that pressure pretty well over the years. Avery aggressive preservation, very successful preservation rates. Crafting legislafion before I got here in terms of subdivision law, we have a ways to go. We still have challenges but I think we are rising up and meeting those challenges. I don't mean to imply that it doesn't matter that water is being brought in, it does but with regard to the issue in Cutchogue, it is about zoning not about public water. And that is what has to be the focus in terms of scaling back and reducing the impact there. MR. BRADY: Thank you. Lisa Tuthillhallock,Cutchogue LISA TETTELBACH: Hi, my name is Lisa Tettlebach. I live in Cutchogue. I live in the February 26, 2008 Page 51 Southold Town Board Meeting Minutes development that is to the west of the proposed Heritage at Cutchogue. I live on Crown Land Lane adjacent to Highland and Bridle. And I had a question in regazds to the SEQRA and the draft environmental impact statement, the issues, some of the issues we are concerned about are traffic and part of that review was a traffic study that was done. Is that complete? Have they done all the assessments of the traffic? SUPERVISOR RUSSELL: The original traffic study was done, the issue was raised by the Planning staff that it was an insufficient study. They were required to go out and do it again. Now I understand they went out and put lines out in inclement weather. All of that is duly noted by the Planning Board. They have every right to reject a new study as it gets submitted as being insufficient. MS. TETTELBACH: Okay, so we should express our concerns to them. Because they were out on one weekend and it was cold and it was raining and they left eazly and (inaudible). SUPERVISOR RUSSELL: All that when it was presented to me went to the Planning Board on that. MS. TETTELBACH: One day or one weekend (inaudible) and that was after pumpkin season. You know, we need to see it in the summer and the spring. That was one of my concems. Also in the SEQRA process is the natural assessment of the property which was also done in the fall. Now do they have plans to go back and look at the area in the spring when the vegetation starts to grow, throughout the summer? SUPERVISOR RUSSELL: That is a requirement that the then director of the department, Mark Terry had put in place. That he wanted a survey, a natural features survey done when things aze in bloom, not in the doldrums of winter. All of those things were part and parcel to the positive declaration on SEQRA process. MS. TETTELBACH: Okay. SUPERVISOR RUSSELL: There was a lot of insufficient work that was done by the applicant. We countered that with a huge laundry list of obligations that he needs to meet. And we don't have to act, the Planning Boazd doesn't have to act until those demands aze met. Open space, we talked about the buffers with your community. He has moved to some extent, he has moved his development 150 feet away from the back of those property line. And ageed to not do the breakaway street. Still not sufficient. He has a long way to go. We have encouraged him to discuss acquisition of land to the east, to use as a bypass over to Depot to get the traffic away from Griffing. All these are parts of the process. But I have to agree with Tom, he is probably right when he says the Town Board has inserted itself a little too much in this process but it is a huge process and we are trying to reflect everybody's concern the best we can. MS. TETTELBACH: Okay. SUPERVISOR RUSSELL: It is a huge project February 26, 2008 Page 52 Southold Town Board Meeting Minutes MS. TETTELBACH: So some of those things are going to be addressed further? SUPERVISOR RUSSELL: That is right. And they are all subject to public hearing. COUNCILMAN WICKHAM: And they will be addressed if you bring them to the attention of the Planning Board. MS. TETTELBACH: Oh, yeah. We will. But I didn't know the answers to these questions. And I have one more, I keep hearing that Bridle and Spur are going to be, they are on the plans as being cut through. Now you are saying that... SUPERVISOR RUSSELL: The, by the way, the original proposal did not break through those streets. That was actually a recommendation that came from an engineer on town staff. We went back to the developer, he didn't want to do it, I got a letter from Chazles Cuddy verifying that I sent to one of your residents John Sullivan, that they have agreed that they have no interest in breaking through. The only possibility there would be the northerly road as an emergency access. It would not be a paved road. Visually it would not look like a road. It would just provide access for the fire department in the event of an emergency. But like I said, they moved the project over 150 Feet from the back of the property line and they agreed not to break through either Bridle or Spur. MS. TETTELBACH: So that is where it stands right now? That there is not going to be a break through... SUPERVISOR RUSSELL: That is exactly what they told us. One thing I told them is that I would never sign off on anything that would incur an injury on the existing community. MS. TETTELBACH: Where is that documented right now? Is it on a new plan? Is it in the SEQRA, where, that they are not going to breakthrough. SUPERVISOR RUSSELL: They made a commitment that they don't want to break through but there is a planning process and the Planning Board might very well require it down the road. If you have concerns about the breakthrough, those are the things you need to bring tot the Planning Board. That is the public process. Tell the Planning Board you don't want breakthroughs at Spur or Bridle. MS. TETTELBACH: But it is not in writing right now? That they are not going to do it? SUPERVISOR RUSSELL: No, No. I will get a letter from their attorney but again, they don't control the process right now, the Planning Board does. And that is where all those concerns need to be addressed. MS. TETTELBACH: Can we get it in writing that the Town... February 26, 2008 Page 53 Southold Town Boazd Meeting Minutes SUPERVISOR RUSSELL: I would ask the Planning Board to do that. MS. TETTELBACH: And that would come from the Planning Board, not the Town Board? SUPERVISOR RUSSELL: Mmmhmm. COUNCILMAN KRUPSKI: That is right. MS. TETTELBACH: Okay. Alright. Manfred Lee UNIDENTIFIED: I have another question. We live about 500 feet... SUPERVISOR RUSSELL: I am sorry, could you just, for the record, identify yourself, sir? MANFRED LEE: Manfred Lee, Cutchogue. We live about 500 feet away from this Heritage thing that is going on. Tom was saying that the water from the septics all filter through the sand. Now, we have got about 400 bathrooms coming up here, if they all drain into one area, my groundwater is going to be polluted. Because it certainly cannot filter 400 bathrooms and bathtubs and sprinklers and pools, overflow of pools and whatnot. COUNCILMAN WICKHAM: I would like to respond briefly to that. Originally this project was going to have families in it and it would not be an age restricted projects. It was going to have all, you know, a regular families in it of all ages. That would have triggered, in the Suffolk County Department of Health Services, a more stringent standard for waste disposal and the developer would have had to put in a waste treatment plant of over a one million dollars, you know, a regular sewage plant like what Greenport had and what other places have. They are no longer proposing those family type homes, they are now proposing an age restricted, age 55 and above, and the Suffolk County Department of Health Services has a different standazd for those homes. Their standazds will allow cesspools, rather than a dedicated little sewage system for the whole project. Their standards have, apply throughout eastern Long Island and they are based on science and on fact that you can have homes at the density that they aze proposing, for age 55 and above and all of those cesspools, and that they will have no impact on the local aquifer. I am not here tonight to defend them. I will just say that the Department has a pretty rigorous laboratory, pretty rigorous testing procedures and it really is something that this is one of those issues that the County looks after, rather than the Town. We have, in the past, relied on the county and frankly I don't have any reason to call into question their science. MR. LEE: Okay. Thank you. My other is, we don't really have a beach in Cutchogue, we have... COUNCILMAN WICKHAM: A beach? MR. LEE: A beach. We only have New Suffolk beach... COUNCILMAN WICKHAM: Right. February 26, 2008 Southold Town Board Meeting Minutes Page 54 MR. LEE: And as of now, on a busy weekend, we can't even park there. Is there any way that they are going to extend the parking? More parking spaces? SUPERVISOR RUSSELL: We actually just approved a bond resolution tonight that would do the drainage project that has been proposed for that area, to catch the water, that drainage project is going to be under that road but we have a plan already in place to redo that parking area, that will increase the parking space there and hopefully, my goal, would be to utilize some of the recently acquired Galley Ho or New Suffolk shipyard property to ease some of the traffic burden that is down there. It is a very popular beach. It is too over-used and the Town needs to solve that. We are well aware of that. MR. LEE: Okay. It is over-used and if we are going to get 300 or 400 people coming in, they are going to use the closest beach, which is New Suffolk and it is going to be a mess. SUPERVISOR RUSSELL: Also, I just want to point out the issue on the septic, actually the Planning Board raised the issue of a single and separate septic system for each of the units as an alarm and an environmental issue that they want to address in the pos dec SEQRA process. It is quite possible the developer will come back with a chromo glass system or some sort of septic treatment system. But that wasn't overlooked by the Planning Board. They noticed that, they raised the issue in the pos dec. MR. LEE: Okay. Thank you. DeanSambach, East Marion DEAN SAMBACH: Dean Sambach, East Marion. Mr. Wickham, does the Board of Health, do they have anything where it will say when the north fork is saturated, you can't build anymore, with the sewage? COUNCILMAN WICKHAM: I don't think they have that but I think it is fair to say that they would like to see all of the north fork supplied with public water. They would like that because that would get them off the hook of worrying about the clarity and the potability, really, of the aquifer. I think that is a fair statement. MR. SAMBACH: Does water then seep into the bay, would that seep into the bay or anything? COUNCILMAN WICKHAM: It does. It does. And in fact, in Cutchogue, on a very low tide, after a heavy rain, you can actually see fresh water bubbling up in some of our creeks. The supply of water in the rain that came this afternoon, you wouldn't believe how much water there is and how much of it fills up our aquifer. The water that falls from rain in this town is much, much greater than the amount of water that is being withdrawn from it. The quantity is there, the problem is quality. The problem is, is there contamination in some of it and there has been. And that is why we can only use a certain portion of it. MR. SAMBACH: And one thing else with the senior citizens, they take a lot of pharmaceutical drugs and they are finding out they don't break down in the water and they get into the water February 26, 2008 Page 55 Southold Town Board Meeting Minutes supplies. So this is just some, you know, to think about. COUNCILMAN KRUPSKI: That is absolutely true. This Town Board recently passed a drainage code that requires people to put their run-off, driveway run-off, back into the aquifer to recharge it instead of having it go overland and then pick up all the surface pollutants and then go into our surface waters. So we are trying to recharge the aquifer on every rainfall. And as far as everyone's concerns about the Suffolk County Health Department regulating the cesspools, I think you have to make sure that you keep asking the Planning Board to keep considering that because not all of us have a lot of faith in the Suffolk County Health Depaztments ability to restrain themselves. Sometimes they will approve projects that seem and if you only look to the western Suffolk to see what has been approved, there really is no restraint as far as what they will approve. So, you have to keep, if you want some service I think you should rely more on the Southold Town Planning Department. They aze going to review it. SUPERVISOR RUSSELL: Also, the issue of 55 and over, the people have raised the issue in the past about medications but I got to tell you, he did not propose the 55 and over. We had actually requested it because of concerns of demands on water, septic, traffic. They would be reduced by a 55 and over community. Not enough, we know that. We are still trying to mitigate most of that but it was a far better proposal than to have 167 units there with families. Two, three, four, five members of the family with two, three, four cars. I have a family, trust me. Nobody wants 167 of me moving in anywhere. That is a huge impact. Those are parts of the steps we have taken in the mitigation. I think it is against the interests of the people of Cutchogue to argue against the 55 and over because then you are going to be inviting more traffic impact, more pollutants, more septic, more water consumption. That was one of the ways, also to mitigate the impact on the school tax in Mattituck, which was not to put burdens on, with a new population of students that had to be educated. MR. SAMBACH: Okay. Thank you. SUPERVISOR RUSSELL: Thanks, Dean. Jim Cole, East Marion JIM COPE: Next to Benja, I am an amateur. This is and with all due respect, I appreciate the process, I appreciate the Boazd and certainly I appreciate Benja. COUNCILMAN WICKHAM: Name, please? JIM COPE: My name is Jim Cope, I am a resident of East Marion and like neazly half of the people in East Marion, I am a proud member of the East Marion Community Association. I just had a couple of questions on follow up to action that the Town has taken with regard to two places in our hamlet. Recently the Town has cited two locations for safety, health and or housing code violations. One is the Cozy Cove illegal housing complex and the other is the proposed Oki-do development. Both locations have been cited. And I just wanted to know if you could comment on any follow up developments? SUPERVISOR RUSSELL: On the issue of Cozy Cove, it is being litigated. We have, we are February 26, 2008 Page 56 Southold Town Board Meeting Minutes processing summonses and violations against the owner. With regard to the people inhabiting that place, we have reached out to the Dominican Sisters, Sister Margaret Smyth and others for help in relocating those families. We have been largely successful. It is my understanding that we still need more housing and if some people are still living there, it is because we haven't been able to find housing. But that is a legal process that is now being pursued against that owner. With regard to Oki-do, if you aze talking about the pos dec on the environmental side... MR. COPE: Well, there was a citation for safety issues, there was fencing that was constructed... SUPERVISOR RUSSELL: Yes. Yes. MR. COPE: Cooperation with the DEC about mitigating those violations? SUPERVISOR RUSSELL: That was brought to our attention and we had a legal process at the Town Hall, I believe a public hearing that required that they secure that property. MR. COPE: And where are they at? There was some intervention possibly by the Trustees to assist the owner in receiving some cooperation from the DEC so that they could mitigate structural issues that were deemed a hazard. SUPERVISOR RUSSELL: Right. MR. COPE: Where is that at? SUPERVISOR RUSSELL: I will have to ask legal counsel. Kieran Corcoran Asst TA ASSISTANT TOWN ATTORNEY CORCORAN: They were given an emergency permit to do the work that this Town Board and the Trustees thought necessazy to secure the site immediately. They were not given permission which they sought to start building larger structures and stone walls and more permanent things. They were given immediate permission to secure the site only. MR. COPE: Securing the site. May I ask if it included a fence along the shoreline or anyway to secure access to the property from the shoreline. That seemed to have been an issue... ASSISTANT TOWN ATTORNEY CORCORAN: I will have to go back and check the records. You can call our office tomorrow if you would like. I think that there were measures recommended and permitted for securing the shoreline but I can't speak to them specifically tonight. Jim Cole MR. COPE: Okay. And while in the audience and listening to the discussion and the issues of zoning. I have a question as to whether or not there is a comprehensive zoning plan in Southold Town? February 26, 2008 Southold Town Board Meeting Minutes COUNCILMAN WICKHAM: There is. Page 57 SUPERVISOR RUSSELL: Comprehensive plan was adopted I want to say, June 1989. there has been several initiatives since then. Hamlet stakeholders and others. We would like to update the comprehensive plan, I think we need to. I don't think it is a magic wand though, that is going to make things go away; that some people seem to imply that if we have a comprehensive plan, we can make the Heritage go away. I don't think that is the case. MR. COPE: My point should have been, an updated plan. As you have suggested. How often do you think it is prudent to update a zoning plan? When was the last time it was updated? Is it not time to do that? SUPERVISOR RUSSELL: You should ask the Planning professionals. Actually we started doing that, the hamlet stakeholder initiatives were exactly that. Fundamental to any comprehensive plan is substantial public input. You might remember that when I came on board, I opened up the hamlet stakeholder process to anybody who was interested and had them have public meetings with public input. That is one of the first steps in a comprehensive plan, is getting the public input. We focused it on the hamlet centers and then we will go out from there but absolutely a comprehensive plan should done... COUNCILMAN WICKHAM: May I respond to your question? MR. COPE: Yes. COUNCILMAN WICKHAM: You basically are asking how often should the Town be updating its comprehensive plan. Last week I attended, along with many of the other members of the Board, the New York State Association of Towns meeting in New York City. There was a presentation by a town outside the city of Rochester, who is doing a elaborate update to their master plan. Now they went through the whole dog and pony show of what they were doing and how much it cost and how good it was and all of that, at the end of it I asked them, how did you decide whether to do it or not? And when to do it? And the Supervisor said, well, it is very simple. When the people of the community come to the meetings and tell us that you really should be doing it. And that is why we did it. And I would say the same thing for this town, when there are clear signals from the people of this town that we need to update and redress and re-strengthen our master plan, our comprehensive plan, I am sure this Boazd would take it up. If those expressions of interest azen't there, chances are, this Board will continue to do the things that it does from week to week. MR. COPE: I would suggest, in my humble opinion, that that is what I am hearing. My involvement here is relatively new but as a new kid on the block, it seems to be rather topical and it runs rather deep. And if you are talking about the Zoning Board, it seems to me that the Zoning Board with regazd to the process of revising the code is the tail wagging the dog. COUNCILMAN WICKHAM: That is true. February 26, 2008 Page 58 Southold Town Board Meeting Minutes MR. COPE: When I show up here in the community, a relative newcomer, and I read about and I am not part of the Cutchogue group but I read of a letter and a recommendation from professional planners within the government, writing a letter to, I think the Boazd, suggesting that there should be a revision and a comprehensive plan and that there isn't one. Now do I misconstrue... SUPERVISOR RUSSELL: Yes, you do misconstrue quite a bit. Actually, first of all, we have been working on an update to the comprehensive plan for the two years I have been here. The hamlet stakeholders is part of that, I have been working with Mark Terry again, now that Heather Lanza is up onboard; Heather Lanza as well in updating that. MR. COPE: You are talking a little too fast again. SUPERVISOR RUSSELL: I am sorry. I also talked to the former planner of Southold Town, Valerie Scopaz, I am meeting with her next Friday on scoping out an update to the comprehensive plan but I think that some people are perceiving a comprehensive plan as the be all and end all to solve all ills. It will not. MR. COPE: I agree. SUPERVISOR RUSSELL: And I don't think we need a moratorium to pursue an update to the comprehensive plan. MR. COPE: Okay. That is clear. Just as a final thought though, you bring up the stakeholders, I support the stakeholder initiative. I have an interest in it but with regard to the stakeholder system as it is designed, as it functions, I view it as the tail wagging the dog. SUPERVISOR RUSSELL: That is the community wagging the Town Board. That is as it should be. It is a community, our goal is to embody the spirit and the wishes of the community. MR. COPE: Not to sound too cynical, but the stakeholder group is a de facto town committee. Appointed by the Town, hand picked by the Town. So if you are going to suggest that that's the voice of the people, it is not as genuine as what you heaz here tonight; as this process, this is a more authentic process, in my view, than the stakeholder process as it is designed. SUPERVISOR RUSSELL: It is not ahand-picked group of people. I remember talking to you out in East Marion a year and a half ago and told you that the first thing that I did when I reconstituted the stakeholders, was to run ads in every paper inviting members of the public to participate. Everybody that gave me their name, went on the newly constituted stakeholders. Every single person. No one was turned down. That is a public process. The original stakeholders were picked by a Town Board before I was here. I think they tried to do as good a job as they could in balancing that board with various points of view but the second round, which we had a discussion out at the community center there, the fact is that every person that came forward was appointed. And we advertised for it. We went out in the business community and February 26, 2008 Southold Town Board Meeting Minutes Page 59 civic groups and said who wants to participate? That is a public process, that is not hand-picked. COUNCILMAN KRUPSKI: If you want to get the answers as to what, you know, the way the community should look and the way people think it should look in the future, what better place than the community itself? As opposed to hiring an out of town consultant who is totally disconnected to Southold Town? COUNCILMAN WICKHAM: I would just say I agree with you, sir. MR. COPE: One more point with regard to that, it is not really to be argumentative but I am old enough to realize that the world is not on the level and perhaps the people who I have talked to, community members, are being disingenuous when they suggest that they were told by people in town government to volunteer for the stakeholder process. So, what does that mean? The stakeholder process is one important part of it, I am involved with people who aze in it. I respect them highly but you know, this is the process; that is part of it but this is a greater part of it. In my humble opinion. SUPERVISOR RUSSELL: They all are part of a process. Benja Schwartz MR. SCHWARTZ: If I may, sir? SUPERVISOR RUSSELL: Mmmhmm. Okay. COUNCILMAN ORLANDO: Just a quick comment you have, right? MR. SCHWARTZ: Actually... SUPERVISOR RUSSELL: Benja, please keep it short. MR. SCHWARTZ: Two sentences. SUPERVISOR RUSSELL: Okay. MR. SCWHARTZ: And they aze not mine. They are from the chief executive officer of the Suffolk County Water Authority. Lastly, a simple fact, our peak water flow rate for our existing customers in the Town of Southold has gone from .65 gallons per minute per service in 2004 to 1 gallon per minute per customer account in 2007. That is your sprinklers, around your existing houses, people. So stop wasting water on your fancy lawns and stop blaming Suffolk County Water Authority for proposed developments you don't like or want. COUNCILMAN WICKHAM: Thank you. Supervisor Russell SUPERVISOR RUSSELL: Thank you, Benja. Okay. Is there anybody that hasn't spoke? (No response) Can I ge[ a motion to adjourn? Februazy 26, 2008 Southold Town Board Meeting Minutes Page 60 Motion To: Adjourn Town Boazd Meeting COMMENTS -Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 9:29 P.M. .za. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Scott Russell, Supervisor SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell