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Home My WebLink AboutTB-03/11/2008ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ao~gUifOltr~o ~. 4i~ s~of ,~ ~aa' OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES March 11, 2008 4:30 PM Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - I S00 southoldtown.north forknet A Regular Meeting of the Southold Town Board was held Tuesday, March 11, 2008 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 4:30 PM with the Pledge of Allegiance to the Flag. Call to Order 4:30 PM Meeting called to order on March 11, 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. Town of Southold Councilman Present Thomas H. Wickham Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice Present Scott Russell Town of Southold Supervisor Present Elizabeth A. Neville Town of Southold Town Clerk Present Kieran Corcoran Town of Southold Assistant Town Attorney Present I. Reports 1. 2. 3. Justice Bruer Monthly Report February 2008 Southold Animal Shelter Monthly Report January 2008 Claim Lag Report 2/07-1/08 March 11, 2008 Southold Town Board Meeting Minutes 4. Programs for the Disabled February 2008 5. Department of Public Works Monthly Report February 2008 6. Town Clerk February 2008 II. Public Notices 1. NYS Liquor License North Fork Restaurant Group, LLC - On-premises Michelangelo of Eastport, Inc., 31455 Main Road, Cutchogue - On-premises Raphal Vineyards, Main Road, Peconic - On-premises Southold Restaurant Associates dba The Old Barge, 750 Old Main Road, Southold - On- premises III. Communications IV. Discussion 1. 9:00 A.M. -John Cushman & Bob Sikora (MUNISTAT) Bond Indebtedness 2. Suffolk BikeBoatBike Event - 2008 3. Strawberry Fields Status Report on Restrooms -Councilman Ruland Acquisition of Property -Supervisor Russell 4. 10:30 A.M. -Jim McMahon Park & Recreation, Update on activities per Councilman Orlando 5. 11:00 A.M. CAC Small Docks & Piers 6. Executive Session Personnel Page 2 7. 11:30 A.M. -Executive Session -Heather Lanza & Mark Terry March 11, 2008 Southold Town Board Meeting Minutes Planning Department Vacancy 8. 12:00 P.M. -Mark Terry & John Sepenoski LWRP 9. Peconic Recycling & Transfer Center 10. Tree Committee Update on Activities -Councilman Orlando 11. Policy Re: Docks In Bay Supervisor Russell & Councilman Krupski 12. Code Committee Agenda for 3/13/08 13. Pump Out Boat Operators 14. 9:30 Am -Frank Wills and Peter Meeker Johnson Control's Memorandum of Understanding. 15. 10:00 Am - Glynnis Berry East End Grant Funding Opportunity 16. 12:30 Pm -Ron Rossi, Historic Preservation Commission ZBA Decision Call to Order 4:30 PM Meeting called to order on March 11, 2008 at Meeting Hall, 53095 Route Z5, Southold, NY. Pledge to Fla¢ Opening Statements Page 3 Supervisor Russell SUPERVISOR RUSSELL: Please rise and join me in the Pledge of Allegiance to the Flag. Would anybody like to address the Town Board on any issue as it appears on the agenda? Heather Cusak HEATHER CUSACK: Heather Cusack, Southold. Thank you. Hello. I just wanted to speak with you about the resolution that was on concerning my employment. I just wanted to see if you would table it for two weeks and give us an opportunity to talk about it a little bit, if that would be possible. I sent it out (inaudible) I am concerned about the Planning Board having March 11, 2008 Page 4 Southold Town Board Meeting Minutes assistance for that LWRP component of my position. But if you have already made a decision, that is fine. If you are able to do that. SUPERVISOR RUSSELL: We actually talked at length today about it and I know talked to you about a week or so ago about you talked about perhaps working with the Town in the future, educationally and things like that and I said outline the kinds of things you would like to do. And we talked about it today and we thought that would be a good idea down the road. MS. CUSACK: Okay. SUPERVISOR RUSSELL: You know, I feel bad now Heather, because I took your letter and we started making alternative plans now for restructuring. MS. CUSACK: Right. SUPERVISOR RUSSELL: And now I am being asked to reconsider it. MS. CUSACK: Like I said, I wanted you to have it in for today so there was some discussion but I also, I would like it if we would have some opportunity to discuss the possibilities before I resign but if you have already decided, you know, whatever, you know whatever. I am just making that request. SUPERVISOR RUSSELL: Okay. MS. CUSACK: To wait two weeks on it. SUPERVISOR RUSSELL: Any interest to table it? COUNCILMAN WICKHAM: If there is a wish from the other members of the Board, I would be willing to hold it for two weeks. SUPERVISOR RUSSELL: I would rather talk about the future. That particular position needs to be filled with someone that can do those duties and I know that that is not what you are interested in and I understand that. I will talk about the future with you but in the meantime, I need to get someone in there to work on that specifically. And if I table it, it is going to hold up my process for hiring new people. MS. CUSACK: Which was what Heather's and Mark's concern, which is why I wanted to get something in to you. SUPERVISOR RUSSELL: Okay. WeII...I am sorry? Ex parte communication. You... Tom Skabry, CSEA Pres TOM SKABRY: Tom Skabry, CSEA President. I just learned of this supposed resignation. There might be some technical glitches, miscommunications or whatnot. I would like to make formally a request to the Town Board to table this until the next Town Board meeting, which March 11, 2008 Southold Town Board Meeting Minutes Page 5 would be before April 1 and if something needs to be done, if the decision is to resign, I am sure we can address it, current staffing issues with the Planning Department. To address whatever hiring needs might be needed. Supervisor Russell SUPERVISOR RUSSELL: Tom, I had actually a couple of weeks ago got word. I checked with her department head. As of last Friday she wanted to resign. I feel like we are belaboring an issue here when we already got the letter. So lets, we will cover it when we get to the resolution. Would anybody else like to address the Town Board on any matter that is on the agenda? Joan Egan, East Marion JOAN EGAN: Good afrernoon, Joan Egan, East Marion. And it is a little early to do it, I shall do it. I wish you all a very happy Saint Patrick's day and may the road rise to meet you and the wind be at your back. How is everybody? SUPERVISOR RUSSELL: Very good. MS. EGAN: Good. SUPERVISOR RUSSELL: Do you like the new room? The way we... MS. ELAN: I love it. SUPERVISOR RUSSELL: Thank you. MS. EGAN: I love it. SUPERVISOR RUSSELL: I will tell you, Ruthanne Woodhull outlined the whole plan and DPW did just about everything. MS. EGAN: Looks good. Looks very good. Thank god. See where some of our money goes, right dear? SUPERVISOR RUSSELL: Okay. MS. EGAN: Item 256 is the budget department and well, you know, I wanted to address the Building Department. 256. Again, the run-off soil is terrible, it is causing lots of problems. You can check that with the police department. They is skidding and many other things. And unfortunately, each time I call the Building Department, Mr. Verity is not there. I am sure he has a good reason. Item 259, I haven't been here but I have been following the agenda on television or somebody would bring me a copy of the agenda and I see so many of our police officers, which we really don't have enough of, they are always going away for things that I think can be handled by computer, telephone, something else. I think we have to be careful sending them out of town all the time because somebody has to replace them and when they have to replace them, it usually means that somebody has to work overtime and or work double time which is not good for anybody. That is how I feel. Well, item 263, any of these things that are surplus and are for March 11, 2008 Page 6 Southold Town Board Meeting Minutes sale, if they are not sold, I hope they will donate them to Greenport School or one of the schools where young people can learn how to fix cars and earn a living. Oh, item 266 you have a committee resignation. Are you going to replace that or didn't I see further on you have committee people, you are looking for committee people? SUPERVISOR RUSSELL: Well, we actually in the near future, we will be looking at the committee renewals for the new year anyway. The committee renewals, they are generally their expiration is the end of March, so we will be taking them up again soon anyway. And I would certainly expect that we would look to replace this individual. MS. EGAN: Good. SUPERVISOR RUSSELL: It is an important committee. MS. EGAN: Now item 267, this is our dump. And what is the progress on that large, private facility which I think is run by the Mattituck? SUPERVISOR RUSSELL: The proposed application in for the... MS. EGAN: Yeah. SUPERVISOR RUSSELL:...private facility? They are before the Planning Board, there is a SEQRA process underway evaluating that application. MS. ELAN: And what control do you have over that? SUPERVISOR RUSSELL: We can set the size, scale, scope of the facility. The DEC is actually the permitting agency. We have an additional permit, we just can't exceed the DEC's parameters. MS. EGAN: Mmmhmm. Well, be very careful of that. Very careful indeed. Well, I think it is great, 269, we have worked very hard to get all of those things done, you know, for the shelters. I think we can be very proud of ourselves in that regard. Oh, on, currently it is under the Highway Department but is there a spring cleanup? Pickup for pruning stuff? Is that done at the Highway Department, isn't it? SUPERVISOR RUSSELL: That is done through Pete Harris, yes. We should be having an announcement soon, I am sure on dates.... MS. EGAN: Pardon? SUPERVISOR RUSSELL: I am sure Pete will be making an announcement soon as to the dates of the cleanup etc. MS. EGAN: Good. Now on item 273, who are these people and how are they appointed? March 11, 2008 Southold Town Board Meeting Minutes Page 7 SUPERVISOR RUSSELL: Oh, we actually just created this Youth Bureau. The Youth Bureau, we had gotten an application to the State of New York, we are recognized as a formal youth bureau at the state level. These are the results of interviews that were done by myself, Phillip Beltz, Vincent Orlando and other people that have been helpful to the Youth Bureau. These people that were selected, we probably had 80 good applicants. And it was a very difficult decision. We tried to pick people based on background, experience and also geographic location so that every segment of the community was represented. MS. EGAN: This is a non paying? SUPERVISOR RUSSELL: This is a volunteer youth bureau. MS. EGAN: Good. And you have checked them all out carefully? SUPERVISOR RUSSELL: Mmmhmm. MS. EGAN: Good. Oh, item 276, a couple of things in that regard. I noticed that the carpeting wasn't changed there and the reason I was given was that you are hoping to move that whole kit and caboodle over to the recreation center. The Peconic Recreation Center. Is that so? SUPERVISOR RUSSELL: I can't say... MS. EGAN: The lighting and the carpeting is ten•ible. SUPERVISOR RUSSELL: Yeah, I can't say that it is going to be the rec center but we are certainly looking at options. I think the top priority for myself and probably for many members of the Board is to find a new, permanent committed facility for the Justice Court. MS. EGAN: When? SUPERVISOR RUSSELL: We are looking at it everyday. We are looking at options everyday. If the recreation center upgrades are approved soon and we can acquire the Peconic school soon enough and get the work done and move groups over to Peconic school. Perhaps that is an option. MS. EGAN: Probably won't be until the fall then. SUPERVISOR RUSSELL: Well, I don't know. I hope it goes sooner than that. MS. ELAN: Well, something should be done over there. okay, now, I am sure also, hello, hello up there. I am not finished. I hope at least three or four of you take the opportunity to read the reports given by Judge Bruer, Judge Price, Judge Evans to see what has happened to our town. For whatever reason, the Suffolk Times does not give a very long list of the things, the police report. So people may be in dream world as to what is really happening here. And again, if we March 11, 2008 Page 8 Southold Town Board Meeting Minutes are not going to be moving the Justice Court from here, what is the chances of our getting somebody screening people coming in? An officer? I know you said that you were applying to the state for money for, to help in that? SUPERVISOR RUSSELL: For a metal detector. MS. EGAN: Yeah. Somebody there. I mean, you only have that one police officer here... SUPERVISOR RUSSELL: The court officer. MS. EGAN: God forbid something happens. I mean, it would be ridiculous. He couldn't handle it. So what are we doing about that? Working on it? SUPERVISOR RUSSELL: We are working on it. I am concerned about the moral compass of this community. I wrote a letter today to Governor Spitzer expressing that. MS. EGAN: Did you write please forward? Oh, item 279, the, I hope they do take care of all of our boats, our vessels and what have you. And their job is probably going to become even harder each time the season opens because of the glare of the sun coming down, the glare on the water gets worse and nobody adheres to the rules of the road and I do know the rules of road, you all know that, correct? SUPERVISOR RUSSELL: Yes. MS. EGAN: Oh, item 280. This is a Broadwater thing. I don't know whether any of you happen to have the opportunity, I just happened to turn it on per chance and on channel 12 they had a representative from the Shell company and for various (inaudible) lady, representing I think it is called the East End Group which had been on the south shore who I think are now going to open up an office here, maybe in Feather Hill. And unfortunately the moderator, I don't know that person's name on channel 12, really didn't give her a chance to express herself very well. They claimed and I laughed out loud even though I was alone in the house, the Shell representative said that the lobster men are delighted that that Broadwater vessel will be there and they would bring employment to the north fork. Well, that is not so. We all know that and that, the Coast Guard, nobody, nobody can guard those ships. God forbid you had a terror attack. Those vessels are three times larger than a football field, which makes them such an easy target, god forbid the terrorists want to hurt us. It would blow this town to smithereens. So I hope we have some serious input to tell everyone that we don't want it. It may happen anyhow but at least we will know we tried. Oh, item 282, I don't have much to say about that except for the Trustees, they could use a lot better help over there. A lot better help. That is it for now. Thank you very much. Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any item as it appears on the agenda? Mr. Wills. FRANK WILLS: Good afternoon, Frank Wills, Mattituck. I would like to compliment the March 11, 2008 Southold Town Board Meeting Minutes Page 9 Board on arranging for getting bids to take care of the electronic scrap. I know we have had two so far, they have been very successful but to get this thing really into the program, I think it is a great idea because the amounts available are humongous and as you know, in 2009 the old television sets won't work anymore so there is going to be a flood of television sets. SUPERVISOR RUSSELL: That is the E-Waste day, right? MR. WILLS: Hmm? SUPERVISOR RUSSELL: The E-Waste day? MR. WILLS: Yes. I do have a question though on 258. Be it further resolved that any further of the surplus computer equipment, that is not donated, be destroyed. What means destroyed? I mean, actually dumped and put into landfill? I hope not. SUPERVISOR RUSSELL: No, well, there is no landfilling, so I don't know. My presumption is that that is not something that will done by us, it will merely allow us to declare it as surplus and then throw it away to whatever carter handles that type of waste. MR. WILLS: Oh, okay. It could be saved for when we have the next E-Waste day and then that could be recycled. SUPERVISOR RUSSELL: Yeah. And that is probably what we will do. The problem is really what you have here, this is just a legal motion to allow us to declare it surplus. In other words, we no longer have to keep track of it as par[ of the inventory of Southold Town. MR. WILLS: Thank you. SUPERVISOR RUSSELL: Thank you. Would anyone else like to address any other item as it appears on the agenda? Tom Skabry, CSEA Pres TOM SKABRY: How are you doing? Tom Skabry, CSEA President again. Thumbing through my agenda real quick here, I lost the resolution number but there is on the agenda a resolution dealing with the E-Waste, the computer waste down at the landfill. 257? Thank you. I would like the Town Board to consider having the Town's facility, staffing members, actually do the collection of it and if they still need to hire a contractor because of staffing issues or delivery issues, to consider just hiring the contractor for the purpose of getting rid of the waste. I understand that if it needs to be collected it be collected at the Town facility but at least have the Town workers do that part. And the way the resolution is written up, it looks like the whole thing would be carted out to a private company. SUPERVISOR RUSSELL: Okay. Did you talk to the... MR. SKABRY: I just learned of this. March 11, 2008 Southold Town Board Meeting Minutes Page 10 SUPERVISOR RUSSELL: Okay. Has there ever been, in any of the E-Waste days we have had already any example of a town employee losing work as a result of the E-Waste day collection? MR. SKABRY: I don't even know if this is the first time or if this has been done in the past. SUPERVISOR RUSSELL: Okay. MR. SKABRY: I did hear rumblings around that it was a new concept developed over the last summer but as far as being a formal program, I believe that this is going to be the first time. SUPERVISOR RUSSELL: Of E-Waste day? MR. SKABRY: I believe so. SUPERVISOR RUSSELL: No. MR. SKABRY: Okay. Third time? Okay. Also, I have a question about 277, I noticed that there was notations here regarding the retirement system. Does anybody on the Board know who the actual public employer is for that? Is it the Town of Southold, is it Fishers Island Ferry District? ASSISTANT TOWN ATTORNEY CORCORAN: The Town is the employer. MR. SKABRY: The Town is the employer? Thank you. Then also dealing with resolution 286, I know we don't have to have any more discussion on it, as I have had more consultations with my member, I again request the Town Board to consider tabling this resolution at least until the next Town Board meeting, to better enable everybody to have some thorough communications on this including Heather herself. SUPERVISOR RUSSELL: Okay. Tom, just one clarification. She is resigning from this specific position. She doesn't want to perform the duties of that position. I understand. And I told her we can work in the future for new positions but this is a resignation from a specific position that has to be filled. We need someone to do it soon and by holding up the resignation, we are going to be holding up the employment of someone new who wants to do that job. Heather's skills and her talents are probably better utilized through educational, grant writings etc and I told her we could talk about the future when she met with me a week or so ago. I am still happy to do that but this specific position, which is designed to work for the Trustees and you know, the environmental resources department that we have yet to create, is something that needs to be filled quickly. And it is clearly a position that she doesn't want to perform anymore and I don't blame her, it is not for everybody. But I need to fill that position quickly. MR. SKABRY: Okay. SUPERVISOR RUSSELL: Thank you. March 11, 2008 Page 11 Southold Town Board Meeting Minutes MR. SKABRY: Thank you. SUPERVISOR RUSSELL: Does anyone want to address the Town Board on the agenda items? (No response) Hearing none, let's move forward. V. Resolutions 2008-253 CATEGORY: Audit DEPARTMENT.• Town Clerk Approve Audit 3/11/08 RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated March 11, 2008. / Vote Record -Resolution RES-2008-253 m Adopted ^ Adopted as Amended Yes/Aye No/Nay Abstain Absent ^ Defeated William Ruland Voter ~ ^ ^ ^ ^ Tabled Vincent Orlando Voter D ^ ^ ^ ^ Withdrawn Albert Krupski Jr. Voter D ^ ^ ^ ^ Supervisor's Appt Thomas H, Wickham Seconder D ^ ^ ^ ^ Tax Receiver's Appt Louisa P. Evans Initiator 8 ^ ^ ^ ^ Rescinded Scott Russell Voter 8 ^ ^ ^ 2008-254 CATEGORY: Set Meeting DEPARTMENT.• Town Clerk Set Next Meeting March 25, 2008 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, March 25, 2008 at the Southold Town Hall, Southold, New York at 7:30 P. M.. / Vo[e Record -Resolution RES-2005-254 D Adopted ^ Adopted as Amended Yes/Aye No/Nay Abstain Absent ^ Defeated William Ruland Voter 8 ^ ^ ^ ^ Tabled Vincent Orlando Voter D ^ ^ ^ ^ Withdrawn Albert Krupski Jr. Voter D ^ ^ ^ ^ Supervisor's App[ Thomas H. Wickham Seconder ~ ^ ^ ^ ^ Tax Receiver's Appt Louisa P. Evans Initiator 0 ^ ^ ^ ^ Rescinded Scott Russell Voter 8 ^ ^ ^ March 11, 2008 Page 12 Southold Town Board Meeting Minutes 2008-255 CATEGORY: Budget Modification DEPARTMENT.• Town Clerk Authorize the Establishment of Capital Project In 2007 Capital Budget for Town Clerk Records Fiscal Impact: The 2007 Capital Budget authorized the restoration of Early Town Record Books in the amount oj$5,500.00 in the Town Clerk budget. The Bindery Company is still working on the records due to the poor condition of the books. I hope to have them returned within the next couple of weeks. RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the fotlowine Capital Proiect in the 2007 Caaital Bud¢et• Capital Project Name: Restore Early Town Records Financing Method: Transfer from General Fund Whole Town Budget Revenues H.5031.36 Interfund Transfers $5,500.00 Restore Early Town Records Appropriations: A1460.2.400.200 Records Management Capital Outlay Contracted Services Restore Early Town Records $5,500.00 / Vote Record -Resolution RES-2008-255 D Adopted ^ Adopted as Amended Yes/Aye No/Nay Abstain Absent ^ Defeated William Ruland Initiator ~ ^ ^ ^ ^ Tabled Vincent Orlando Voter D ^ ^ ^ ^ Withdrawn Albert Krupski Jr. Voter ~ ^ ^ ^ ^ Supervisor's Appt Thomas H. Wickham Voter D ^ ^ ^ ^ Tax Receiver's Appt Louisa P. Evans Seconder D ^ ^ ^ ^ Rescinded Seglt Russell Voter D ^ ^ ^ 2008-256 CATEGORY: Budget Modification DEPARTMENT: Building Department 2007 Budget Modification Fiscal Impact 1007 Overdrawn Budget Line March 11, 2008 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby modifies the 2007 Buildine Department budeet as follows: From• B.3620.1.100.200 Overtime Earnings $582.92 To: B.3620.1.200.100 Regular Earnings (Part Time) $582.92 Page 13 / Vo[e Record -Resolution RES-2008-256 D Adopted YeslAye No/Nay Abstain Absent ^ Adopted as Amended William Ruland Voter O ~ ^ ^ ^ Defeated Vincent Orlando Initiator m ^ ^ ^ ^ fabled ^ Withdrawn Albert Krupski Jr. Seconder 8 ^ ^ ^ ^ Supervisor's Appt Thomas H. Wickham Voter m ^ ^ ^ ^ Tax Receiver's Appt Louisa P. Evans Voter D ^ ^ ^ ^ Rescinded Scott Russell Voter D ^ ^ ^ 2008-257 CATEGORY.• DL'PARTMENT: E-Waste Bad Authorize to Bid Solid Waste Management District RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the Collection and Removal of Electronic Waste (E- Waste on special "E-Waste" days, to be held periodically at the Cutchogue Transfer Station, for the remainder of calendar year 2008 and 2009, pursuant to specifications provided by the So]id Waste Coordinator. / Vo[e Record -Resolution RES-2008-2 57 ~ ^ Adopted Adopted as Amended Yes/Aye No/Nay Abstain Absent ^ Defeated William Ruland Voter D ^ ^ ^ ^ Tabled Vincent Orlando Voter ~ ^ ^ ^ ^ Withdrawn Albert Krupski Jr. Initiator D ^ ^ ^ ^ Supervisor's Appt Thomas H. Wickham Voter ~ ^ ^ ^ ^ Tax Receiver's Appt Louisa P. Evans Seconder D ^ ^ ^ ^ Rescinded Scott Russell Voter ~ ^ ^ ^ 2008-258 CA%'EGORY: Surplus Equip -Non Usable DEPARTMENT.• Data Processing March 11, 2008 Southold Town Board Meeting Minutes Donation /Destruction of Surplus Equipment Page l4 Whereas the Town Clerk held a bid opening on February 28, 2008 for the sale of used computer equipment, and Whereas no bids were received, now there for be it RESOLVED that the Town Board of the Town of Southold hereby donates the surplus computer equipment to the North Fork Housine Alliance and various other individuals and/or oreanization. Be it further RESOLVED that any of the surplus computers/equipment that are not donated be destroyed. / Vote Record -Resolution RES-2008-258 ~ Adopted ^ Adopted as Amended Yes/Aye No/Nay Abstflin Absent William Ruland Vo[er 0 ^ ^ ^ ^ Defeated ^ Tabled Vincen[ Orlando Voter 8 ^ ^ ^ ^ Withdrawn Albert Krupski Jr. Voter ~ ^ ^ ^ ^ Supervisor's Appt Thomas H. Wickham Seconder D ^ ^ ^ ^ Tax Receiver's Appt Louisa P. Evans Initiator ~ ^ ^ ^ ^ Rescinded Swtt Russell Voter D ^ ^ ^ 2008-259 CATEGORY.• Attend Seminar DEPARTMENT.• Police Dept Request to Send Police Officer Kenneth Richert to a TASER Recertification Instructor Training Course RESOLVED that the Town Board of the Town of Southold hereby >;rants permission to Police Officer Kenneth Richert to attend a TASER X26 Advanced TASER M26 Instructor Trainine recertification course in Brooklyn. New York commencine Monday. March 31 throueh Tuesday, April 1.2008. All expenses for registration and travel costs to be a legal charge to the 2008 Police Training Budget Line - A.3120.4.600.200. March 11, 2008 Southold Town Board Meeting Minutes Page 15 ~ Vote Record -Resolution RES-2008-2 59 8 Adopted YeslAye No/Nay Abstain Absent ^ Adopted as Amended William Ruland Voter ~ ^ ^ ^ ^ Defeated Vincem Orlando Voter ~ ^ ^ ^ ^ Tabled Albert Krupski Jr. Voter ~ ^ ^ ^ ^ Withdrawn Thomas H Wickham Initiator D ^ ^ ^ ^ Supervisor's Appt . Louisa P Evans Seconder D ^ ^ ^ ^ Tax Receiver's Appt , Scott Russell Voter D ^ ^ ^ ^ Rescinded 2008-260 CATEGORY: DF,PARTMF.NT.• Strawberry Fields Recreation Approve Request for Annual Strawberry Festival RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck Lions Club to use Strawberry Fields in Mattituck from June 9 - 17 for the annual strawberry festival. Applicant must file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold and Suffolk County as additional insured. ~ Vote Record -Resolution RES-2008-260 ~ Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland Initiator ~ ^ ^ ^ '~ ^ Defeated Vincent Orlando Seconder D ^ ^ ^ ^ Tabled Albert Krupski Jr. Voter ~ ^ ^ ^ ^ Withdrawn Thomas H, Wickham Voter D ^ ^ ^ ^ Supervisor's Appt ' Louisa P Evans Voter D ^ ^ ^ ^ Tax Receiver s Appt , Scott Russell Voter 8 ^ ^ ^ ^ Rescinded 2008-261 CATEGORY: DF.PARTMENT.• Budget Modification Land Preservation Community Preservation Fund Budget Modification Fiscal Impact: 2007 Overdrawn Budget Line RESOLVED that the Town Board of the Town of Southold hereby modifies the 2007 Community Preservation Fund (2°/n tax) budEet as follows: FROM: 113.1620.1.300.100 Seasonal Employees Regular Earnings $4,208.43 March 11, 2008 Southold Town Board Meeting Minutes TO: H3.8710.1.100.200 Personal Services Overtime Earnings $4,208.43 Page 16 / Vote Record -Resolution RES-2005-261 ~ Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amendcd William Ruland Voter ^ 8 ^ ^ ^ Defeated Vincent Orlando Initiator ~ ^ ^ ^ ^ Tabled Albert Krupski Jr. Voter D ^ ^ ^ ^ Withdrawn Thomas li Wickham Seconder D ^ ^ ^ ^ Supervisor's Appt . Louisa p Evans Voter D ^ ^ ^ ^ Tax Receiver's App[ . Scott Russell Voter ~ ^ ^ ^ ^ Rescinded 2008-262 CATEGORY: DEPARTMENT.• Budget Modification Accounting Budget Modification for FI Sewer District Fiscal Impact: Cover additional non-capital work by the engineer for the Fishers Island Sewer District facility RESOLVED that the Town Board of the Town of Southold hereby modifies the 2007 Fishers Island Sewer District budSet as follows: From: SS2.8160.4.000.000 Refuse & Garbage, C. E. $ 4,100.00 To: SS2.1440.4.000.000 Engineer, C.E. $ 4,100.00 / Vote Record -Resolution RES-2008-262 ~ Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland Voter D ^ ^ ^ ^ Defeated Vincent Orlando Seconder D ^ ^ ^ ^ Tabled Albert Krupski Jr. Initiator 0 ^ ^ ^ ^ Withdmwn Thomas H. Wickham Voter 0 ^ ^ ^ ^ Supervisor's App[ Louisa P Evans Voter 0 ^ ^ ^ ^ Tax Receiver's Appt . ^ Rescinded Swtt Russell Voter ~ ^ ^ ^ 2008-263 CATEGORY: Surplus Equip -Non Usable DF.PARTMENT.• Police Dept Declare Police Vehicles As Surplus Equipment -Non Usable March 11, 2008 Southold Town Board Meeting Minutes Page 17 RESOLVED that the Town Board of the Town of Southold hereby declares the following equipment to be surplus equipment: 1999 Ford Crown Victoria - 2FAFP7IWXXX194071 2000 Ford Crown Victoria - 2FAFP71 W7YX176399 Contact person is Lt. H. William Sawicki - (631) 765-2600. Vehicles are in "as is" condition and may be viewed at Lou's Garage, Pacific Street, Mattituck, New York. Be it further RESOLVED that the Town Board authorizes and directs the Town Clerk to advertise For the sale of same. ~ Vote Record -Resolution RES-2008-263 ~ Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland Voter D ^ ^ ^ ^ Defeated Vincent Orlando Voter 8 ^ ^ ^ ^ Tabled Albert Kmpski Jr. Voter 8 ^ ^ ^ ^ Withdrawn ^ Supervisor's Appt Thomas H. Wickham Seconder ® ^ ^ ^ ^ Tax Receiver's Appt Louisa P. Evans Initiator 8 ^ ^ ^ ^ Rescinded Scott Russell Voer D ^ ^ ^ 2008-264 CATEGORY.• DEPARTMENT: Donation -Park Bench Public Service Public Works RESOLVED that the Town Board of the Town of Southold hereby accepts the donation of a park bench by the Best family, in memory of Patricia Best, to be installed at the New Suffolk Beach by the Department of Public Works. ~ Vote Record -Resolution RES-2008-264 D Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland Voter D ^ ^ ^ ^ Defeated Vincent Orlando Voter m ^ ^ ^ ^ Tabled ^ Withdrawn Albert Krupski Jr. Voter D ^ ^ ^ ^ Supervisor's Appt Thomas H. Wickham Initiator ~ ^ ^ ^ ^ Tax Receiver's Appt Louisa P. Evans Seconder D ^ ^ ^ ^ Rescinded Scott Russell Voter ~ ^ ^ ^ 2008-265 CATEGORY.• Pmla DEPARTMENT.• Accounting March 11, 2008 Southold Town Board Meeting Minutes Grant a Leave for Town Employee Under FLMA Page 18 RESOLVED that the Town Board of the Town of Southold hereby grants a leave of absence under the FLMA to employee # 2665, effective March 26, 2008 with an expected return date of April 7, 2008. / Vo[e Record -Resolution RES-2005-265 ~ Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland Initiator ~ ^ ^ ^ ^ Defeated Vincent Orlando Seconder ~ ^ ^ ^ ^ 'fabled Albert Krupski Jr. Voter D ^ ^ ^ ^ Withdrawn ' ^ Supervisor's Appt Thomas H. Wickham Voter ~ ^ ^ ^ ^ Tax Receiver's Appt Louisa P. Evans Voter ~ ^ ^ ^ ^ Rescinded Scott Russell Voter ~ ^ ^ ^ 2008-266 C'9 TEGOR Y: DEPARTMENT.• Committee Resignation Town Clerk Accept the Resignation of K Sidney Holmes From Housing Advisory Commission RESOLVED that the Town Board of the Town of Southold hereby accepts, with regret, the resi¢nation of H. Sidney Holmes from HousinE Advisory Commission, effective immediately. / Vote Record -Resolution RES-2008-266 D Adopted Yes/Aye NoMay Abstain Absent ^ Adopted as Amended William Ruland Voler ~ ^ ^ ^ ^ Defeated Vincent Orlando Initiator ~ ^ ^ ^ ^ Tabled Albert Krupski Jr. Seconder D ^ ^ ^ ^ ^ Withdrawn S i ' Thomas H. Wickham Voter ~ ^ ^ ^ uperv sor s Appl ^ Tax Receiver's Appt Louisa P. Evans Voter ~ ^ ^ ^ ^ Rescinded Scott Russell Voter ~ ^ ^ ^ 2008-267 CATEGORY: Grants DEPARTMENT.• Solid Waste Management District HHW Grant Contract WHEREAS the New York State Department of Environmental Conservation (DEC) has awarded the Town of Southold a Household Hazardous Waste State Assistance grant in the March 11, 2008 Southold Town Board Meeting Minutes Page 19 amount of $120,000 pursuant to the Town's application for such grant via Resolution No. 2007- 889, it is hereby RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor Scott A Russell to execute Household Hazardous Waste (HHW) State Assistance Program Grant Contract No. C303643 with the New York State DEC for the term January 1, 2007 through December 31, 2009, to help offset the costs of the Town's HHW Disposal Program, all in accordance with the approval of the Town Attorney. ~ Vute Record -Resolution RES-2008-267 D Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland Voter ~ ^ ^ ^ ^ Defeated Vincent Orlando Voter ~ ^ ^ ^ ^ Tabled Albert Krupski Jr. Initiator ~ ^ ^ ^ ^ Withdrawn Thomas H. Wickham Voter D ^ ^ ^ ^ Supervisor's Appt Louisa P Evans Seconder D ^ ^ ^ ^ Tax Receiver's App[ . Scott Russell Voter ~ ^ ^ ^ ^ Rescinded 2008-268 CATEGORY: Contracts, Lease & Agreements DF,P.4RTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between the Town of Southold and the North Fork Animal Welfare League, Inc. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the North Fork Animal Welfare League, Inc. for a term of three (3) years commencing April 1, 2008, and ending on March 31, 2011, regarding the Southold Town Animal Shelter, subject to the approval of the Town Attorney, for the following amounts: 4/1/08-3/31/09 $182,498.16 4/1/09-3/31/10 $189,798.09 4/1/10-3/31/11 $197,390.01 March 11, 2008 Page 20 Southold Town Board Meeting Minutes / Vote Record -Resolution RES-2005-265 8 Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted asAmendcd William Roland Voter 8 ^ ^ ^ ^ Defeated Vincen[Orlando Voter ® ^ ^ ^ ^ Tabled ^ Withdrawn Albert Krupski Jr. Voter D ^ ^ ^ ^ Supervisor's Appt Thomas H. Wickham Seconder D ^ ^ ^ ^ Tax Receiver's Appt Louisa P. Evans Initiator D ^ ^ ^ ^ Rescinded Scott Russell Voter ~ ^ ^ ^ 2008-269 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Interagency Agreement Behveen the Town of Southold and the Oysterponds UFS.D. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Interagency Aereement between the Town of Southold and the Ovsterponds U.F.S.D. in connection with providing human shelters in the event of a declared disaster or emergency, for a term commencing on January 1, 2007 through May 31, 2011, subject to the approval of the Town Attorney. / Vote Record -Resolution RES-2008-2 69 ~ Adopted ^ Adopted as Amended Yes/Aye No/Nay Abstain Absent ^ Defeated William Roland Voter ~ ^ ^ ^ ^ Tabled Vincent Orlando Voter D ^ ^ ^ ^ Withdrawn Albert Krupski Jr. Voter D ^ ^ ^ ^ Supervisor's App[ Thomas H. Wickham Initiator ~ ^ ^ ^ ^ Tax Receiver's Appt Louisa P. Evans Seconder ~ ^ ^ ^ ^ Rescinded Scott Russell Voter D ^ ^ ^ 2008-270 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Proposal Between the Town of Southold and Diverstfied Technology Consultants Dated February 21, 2008, for Engineering Services RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Proposal between the Town of Southold and Diversified Technoloev Consultants dated February 21 2008 for eneineerine services relating to maintenance of the wastewater facilities and compliance with NYS DEC requirements March 11, 2008 Southold Town Board Meeting Minutes for the Fishers Island Sewer District, subject to the approval of the Town Attorney. Page 21 / Vote Record -Resolution RES-2008-270 8 Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland Initiator D ^ ^ ^ ^ Defeated Vincent Orlando Seconder ~ ^ ^ ^ ^ Tabled Albert Krupski Jr. Voter m ^ ^ ^ ^ Withdrawn Wickham Thomas H Voter D ^ ^ ^ ^ Supervisor's Appt . Evans Louisa P Voter D ^ ^ ^ ^ Tax Receiver's Appt . ^ Rescinded Scott Russell Voter D ^ ^ ^ 2008-271 CATEGORY: Seqra DEPARTMENT: Town Attorney New Suffolk Drainage Improvement Project SEQRA RESOLVED that the Town Board of the Town of Southold hereby finds that the New Suffolk Drainage Improvements Project is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendations of Mark Terry dated March 4, 2008, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith. / Vote Recurd -Resolution RES-2008-271 D Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William RUland Seconder ~ ^ ^ ^ ^ Defeated Vincen[Orlando Initiator D ^ ^ ^ ^ Tabled Albert Krupski Jr. Voter ~ ^ ^ ^ ^ Withdrawn Thomas H Wickham Voter D ^ ^ ^ ^ Supervisor's Appt . ^ Tax Receiver's Appt Louisa P. Evans Voter D ^ ^ ^ ^ Rescinded Scott Russell Voter D ^ ^ ^ 2008-272 CATEGORY: Landfill Misc. DEPARTMENT: Solid Waste Management District 2008 Compost Pricing Fiscal Impact: This rerodudion increases the price of Screened Leaf Compost to $13/cu. yd (from $ZO), woodchip mulch to $8/cu. yd (from $6), and Commercial Delivery fees. All other prices remain the same as in 2007. March 11, 2008 Page 22 Southold Town Board Meeting Minutes Market conditions and increased fuel costs justify these increases. RESOLVED that the Town Board of the Town of Southold hereby confirms prices for products produced at the Southold Town Yard Waste Compost Facility as follows, for the year 2008: By Volume • Screened Leaf Compost: $13/cu. Yd • Unscreened Leaf Compost $ 7/cu. Yd • Shredded Leaves $ 5/cu. Yd • Screened Woodchip Mulch $ 8/cu Yd • Double-Ground Woodchip Mulch $ 8/cu Yd • Unscreened Woodchip Mulch $ 4/cu Yd (single-ground) By Weight $20/ton (<2000 Ibs) $15/ton (>2000 Ibs) $15/ton $10/ton $20/ton (<2000 Ibs) $ I S/ton (>2000 Ibs) $20/ton (<2000 Ibs) $15/ton (>2000 Ibs) $7.50/ton • Commercial Delivery: Within Town of Southold: $100; Town of Southold + 15 miles: $150; Town of Southold + 15 - 40 miles: $200. These prices shall NOT impact the Free Mulch Program for Town residents. / Vo[e Record -Resolution RES-2008-272 D Adopted Yes/Aye No/Nay Abstain Abscnt ^ Adopted as Amended William Ruland Voter ~ ^ ^ ^ ^ Defeated Vincent Orlando Voter ~ ^ ^ ^ ^ Tabled Albert Krupski Jr. Initiator ~ ^ ^ ^ ^ Withdrawn ^ Supervisor's Appt Thomas H. Wickham - Voter ~ ^ ^ ^ ^ Tax Receivers Appt Louisa P. Evans Seconder 0 ^ ^ ^ ^ Rescinded Scot[ Russell Voter ~ ^ ^ ^ 2008-273 CATEGORY: Committee Appointment DF.'P.ARTMENT.• Town Clerk 2008 Youth Bureau Appointments RESOLVED that the Town Board of the Town of Southold hereby appoints the followins individuals to the Youth Bureau Board: One Year Ternts: March 11, 2008 Southold Town Board Meeting Minutes Jeanine Warns Elaine White Jeff Standish Bill Brewer Diane Monica Karen McLaughlin Tom Rabbitt Mattituck Union Free School District student representative Southold Union Free School District student representative Greenport Union Free School District student representative Two Year Terms: Jessica Benedicto Tom Hudock Barbara Sheryll Irene Tsontakis-Bradley Bonnie Mazzaferro Jim Gorman David Conroy Louise Hug Liza Coppola Felicia Scocozza Page 23 / Vote Record -Resolution RES-2008-273 ~ Adopted Yes/Aye No/Nay Abstain Absent ^ Adop[ed as Amended William Ruland Voter ~ ^ ^ ^ ^ Defeated Vincent Orlando Vo[er ~ ^ ^ ^ ^ Tabled ^ Withdrawn Albert Krupski Jr. Voter D ^ ^ ^ ^ Supervisor's Appt Thomas H. Wickham Seconder 0 ^ ^ ^ ^ Tax Receiver's Appt Louisa P. Evans Initiator ~ ^ ^ ^ ^ Rescinded Scott Russell Voter 8 ^ ^ ^ 2008-274 L'ATEGORY: Support Resolution DEPARTMENT: Town Clerk Honee Rule S 7019 & A.70081 Ratifying the Fishers Island Sewer District WHEREAS, a bill has been introduced in the State Legislature as Senate Bill 5.7019 and Assembly Bill A.10081 and WHEREAS, the bill seeks to ratify the proceedings and actions taken by the Town Board of the Town of Southold, in relation to the Fishers Island Sewer District; now, therefore, be it RESOLVED that pursuant to Article IX of the Constitution, the Town Board of the Town of March l 1, 2008 Southold Town Board Meeting Minutes Page 24 Southold hereby requests the enactment of Senate Bill 5.7019 and Assembly Bill A.10081 entitled "AN ACT validatine, ratifying and confirmin>? the establishment and operations of the Fishers Island sewer district and certain proceedings and actions taken by the town board of the town of Southold in relation to the establishment and operations of said sewer district'. ~ Vote Record -Resolution RES-2008-274 ~ Adopted Yes/Aye Nn/Nay Abstain Absent ' ^ Adopted as Amended William Ruland Voter D ^ ^ ^ ^ Defeated Vincent Orlando Voter D ^ ^ ^ ^ Tabled Albert Krupski Jr. Voter ~ ^ ^ ^ ^ Withdrawn ^ Supervisor's Appt Thomas H. Wickham Initiator D ^ ^ ^ ^ Tax Receiver's Appt Louisa P. Evans Seconder D ^ ^ ^ ^ Rescinded Scott Russell Voter D ^ ^ ^ 2008-275 CATEGORY.• Budget Modification DF,PARTMENT.• Human Resource Center Bud Mod HRC- 2007 End of Year Fiscal Impact: Reconciliation of 2007 Aging Services Budget RESOLVED that the Town Board of the Town of Southold hereby modifies the 2007 General Fund Whole Town budget as follows: From: Appropriations: Programs for the Aging Contractual Expense Supplies & Materials A.6772.4.100.125 Kitchen Supplies Supplies & Materials A.6772.4.100.500 Motor Vehicle Parts/Supplies To: Appropriations: Programs for the Aging Equipment Other Equipment A.6772.2.500.300 Desks Contractual Expense Supplies & Materials $ 1,301.82 $ 1,000.00 $ 59.64 March 11, 2008 Southold Town Board Meeting Minutes A.6772.4.100.150 Disposables $ 426.84 A.6772.4.100.200 Gasoline & Oil $ 1,342.87 A.6772.4.200.100 Cellular Telephone Service $ 277.04 A.6772.4.600.300 Travel Reimbursement $ 195.43 Page 25 / Vote Record -Resolution RES-2008-275 ~ Adopted Yes/Aye Nn/Nay Abstain Absent ^ Adopted as Amended William Ruland Initiator ^ ~ ^ ^ ^ Defeated Vincent Orlando Seconder D ^ ^ ^ ^ Tabled Albers Krupski Jr. Voter D ^ ^ ^ ^ Withdrawn ^ Supervisor's Appt Thomas H. Wickham Voter D ^ ^ ^ ^ Tax Receiver's Appt Louisa P. Evans Voter D ^ ^ ^ ^ Rescinded Scott Russell Voter D ^ ^ ^ 2008-276 C,9 TEGORY: DEPARTMENT.• Budget Modification Justice Court Budget Modification - 2007 Justice Court Fiscal Impact: to cover over-expended appropriation lines in the 2007 budget. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2007 General Fund Whole Town budeet. as follows: To: A.1110.4.100.150 Supplies & Materials Preprinted forms $ 363.54 A.1 l 10.4.400.500 Contracted Services Parking Ticket Servicing $6282.10 From: A.l 110.1.100.100 Full Time Employees Regular Earnings $6645.64 / Vote Record -Resolution RES-2005-276 ~ Adopted Yes/Aye NoMay Absmin .Absent ^ Adopted as Amended William Ruland Voter ^ D ^ ^ ^ Defeated Vincent Orlando Initiator D ^ ^ ^ ^ Tabled ^ Withdrawn Albert Krupski Jr. Voter 8 ^ ^ ^ ^ Supervisor's App[ Thomas H. Wickham Seconder 0 ^ ^ ^ ^ Tax Receiver's Appt Louisa P. Evans Voter ~ ^ ^ ^ ^ Rescinded Scott Russell Voter D ^ ^ ^ 2008'277 CATEGORY: Budget Modification DEPARTMENT: Town Clerk March 11, 2008 Page 26 Southold Town Board Meeting Minutes Budget Modification 2007 FIFD Fiscal Impact: to cover over extended 2007 Budget lines RESOLVED that the Town Board of the Town of Southold hereby modiTes the Fishers Island Ferry District 2007 budeet, as follows: INCREASE: Amount SM.1310.4.000.000 Accounting 1,400 SM.1910.4.000.000 Insurance 61,000 SM.1950.4.000.000 Property Tax 400 SM.5610.2.000.000 Airport Capital Outlay 27,300 SM.5610.2.000.100 Airport Equipment 89,850 SM.5709.2.000.000 Repairs Other 220 SM.5709.2.000.100 Repairs Rental Buildings 5,690 SM.5709.2.000.200 Repairs Docks & Terminal 44,290 SM.5710.2.000.000 Repairs Both Vessels ] 3,350 SM.5710.2.000.100 Repairs Munnatawket 55,580 SM.5710.4.000.000 Ferry Operations, Other 103,500 SM.5710.4.000.100 Ferry Operations, Utilities New London17,000 SM.5710.4.000.200 Ferry Operations, Utilities Fishers Isl and 4,800 SM.5710.4.000.400 Ferry Operations, Printed Materials 8,200 SM.5710.4.000.700 Ferry Operations, UPS Freight Charges 11,700 SM.5713.4.000.000 US Mail 200 SM.7155.4.000.000 Theatre 1,500 SM.9010.8.000.000 NYS Retirement 32,500 SM.9050.8.000.000 Unemployment 1,600 DECREASE: SM1420.4.000.000 Town Attorney 5,100 SM.1910.4.000.100 Insurance, Ferry Operations 71,500 SM.1940.4.000.200 Insurance, Airport 12,500 SM.5610.4.000.000 Elizabeth Airport 16,000 SM.5710.1.000.000 Personnel Services 33,500 SM.5710.2.000.200 Repairs Race Point 25,000 SM.5710.4.000.300 Ferry Operations, Fuel Oil Vessels 2,940 SM.5710.4.000.500 Ferry Operations, Computer Operations 15,510 SM.5710.4.000.600 Ferry Operations, Janitorial Supplies 1,790 SM.9030.8.000.000 Social Security 3,200 SM.9060.8.000.000 Medical Insurance 32,600 SM.9710.7.000.000 Serial Bond Interest 5,300 SM.9730.7.000.000 BAN Interest 3,000 March 1 I, 2008 Southold Town Board Meeting Minutes REVENUES INCREASE: SM.1760.10 SM.1760.20 SM.1760.30 SM.1765.00 SM.4097.00 SM.5990.00 DECREASE: SM.1760.00 Ferry Operations -- Freight Ferry Operations -- Traffic Ferry Operations -- UPS Charters Federal Grant Appropriated Fund Balance 65,960 737,540 3,000 16,000 65,000 67,640 Ferry Operations 703,000 Page 27 ~ Vote Record -Resolution RES-2008-277 8 Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland Voler ^ D ^ ^ ^ Defeated Vincem Orlando Voter ~ ^ ^ ^ ^ Tabled Albert Krupski Jr. Initiator ~ ^ ^ ^ ^ Withdmwn ^ Supervisor's Appt Thomas H. Wickham Seconder ~ ^ ^ ^ ^ Tax Receiver's Appt Louisa P. Evans Voter D ^ ^ ^ ^ Rescinded Scolt Russell Voter ~ ^ ^ ^ 2008-278 CATEGORY: DEPARTMENT.• Budget Modification Town Attorney Budge! Modification for Trustees RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2007 budeet as follows for the purpose of paying outstanding invoices that the Trustees' office just received from the Fishers Island Harbor Committee for the Fishers Island pump-out boat winterization, shrink-wrapping, and winter storage from Noank Shipyard: To: A.8090.4.400.600 Trustees, Equipment Maintenance/Repairs $2,000.00 From: A.8090.2.200.400 Trustees, Pump-Out Boat Equipment $2,000.00 ~ Vote Record -Resolution RES-2008478 ~ Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland Voter ~ ^ ^ ^ ^ Defeated ^ "fabled Vincent Orlando Voter ~ ^ ^ ^ ^ Withdrawn Albert Krupski.Ir. Voter ~ ^ ^ ^ ^ Supervisor's Appl Thomas H. Wickham Seconder D ^ ^ ^ ^ Tax Receiver's Appt Louisa P. Evans Initiator D ^ ^ ^ ^ Rescinded Scott Russell Voter 8 ^ ^ ^ March 11, 2008 Southold Town Board Meeting Minutes 2008-279 CATEGORY.• Contracts, Lease & Agreements DEPARTMENT: Town Attorney Page 28 Approves and Authorizes the Board of Trustees of the Town of Southold to File a Clean Vessel Assistance Program Operation & Maintenance Annual Application for 2006, 2007 and 2008 Between the Town of .Southold and the New York State Environmental Facilities Corporation RESOLVED that the Town Board of the Town of Southold hereby approves and authorizes the Board of Trustees of the Town of Southold to file a Clean Vessel Assistance Program Operation & Maintenance Annual Application for 2006.2007 and 2008 between the Town of Southold and the New York State Environmental Facilities Corporation, for grant funds in the maximum amount of $3,000.00 per boat in connection with the two pump-out boats owned and operated by the Town of Southold utilized for the Town and Fishers Island, subject to the approval of the Town Attorney. / Vote Record -Resolution RES-2005-279 ~ Adopted Yes/Aye No/Nfly Abstain Absent ^ Adopted as Amended William Ruland Vo[er 0 ^ ^ ^ ^ Defeated " Vincent Orlando Voter 8 ^ ^ ^ ^ fabled ^ Withdrawn Albert Krupski Jr. Vo[er ~ ^ ^ ^ ^ Supervisor's Appt Thomas H. Wickham Initiator m ^ ^ ^ ^ Tax Receiver's Appt Louisa P. Evans Seconder ~ ^ ^ ^ ^ Rescinded Scott Russell Voter m ^ ^ ^ 2008-280 CATF.CORY.• Litigation DEPARTMENT.• Town Attorney Retains Peter Bergen, Esq. As Special Counsel and Authorizes and Directs Supervisor Scott A. Russell to Execute an Updated Retainer Letter In Connection with Representation of the Town Regarding the Proposed Broadwater Floating LNG Facility RESOLVED that the Town Board of the Town of Southold hereby retains Peter Bergen, Esq. as Special Counsel and authorizes and directs Supervisor Scott A. Russell to execute an updated retainer letter in connection with representation of the Town regarding the proposed Broadwater floating LNG facility, at an amended rate not to exceed $225.00 per hour, in accordance with the supervision of the Town Attorney. March 11, 2008 Southold Town Board Meeting Minutes Page 29 ~ Vote Record -Resolution RES-2008-280 ~ Adopted ^ Adopted as Amended Yes/Aye NoMay Abstain Absent ' ^ D f d William Ruland Initiator 8 ^ ^ ^ ^ e eate Tabled Vincent Orlando Seconder D ^ ^ ^ ~ ^ Withdrawn Albert Krupski Jr. Voter D ^ ^ ^ ^ Supervisor's App[ Thomas H. Wickham Voter D ^ ^ ^ ^ Tax Receiver's App[ Louisa P. Evans Voter ~ ^ ^ ^ ^ Rescinded Scott Russell Voter ~ ^ ^ p Z~~t4-~.t~' 1 CATF,GORY.• DEPARTMENT.• Employment -Town Accounting Amend and Restate Deferred Comp Model Plan WHEREAS, the New York State Deferred Compensation Board (the "Board"), pursuant to Section 5 of the New York State Finance Law ("Section S") and the Regulations of the New York State Deferred Compensation Board (the "Regulations"), has promulgated the Plan Document of the Deferred Compensation Plan for Employees of the Town of Southold (the "Model Plan") and offers the Model Plan for adoption by local employers; WHEREAS, the Town Board of the Town of Southold, pursuant to Section 5 and the Regulations, has adopted and currently administers the Model Plan known as the Deferred Compensation Plan for Employees of the Town of Southold; WHEREAS, effective December 7, 2007 the Board amended the Model Plan to adopt provisions • Expanding the eligibility for unforeseeable emergency withdrawals • Permitting law enforcement officers, firefighters, members of a rescue squad or ambulance crew who have retired for service or disability to request a plan distribution of up to $3,000 annually to pay for health insurance or qualified long- term care premiums for themselves, their spouse or dependents. • Permitting a beneficiary who is not the spouse of the deceased Participant to transfer their Plan account directly to an IRA. • Permitting a Participant who is eligible for a distribution to rollover all or a portion of their Plan account to a Roth IRA. WHEREAS, the Board has offered for adoption the amended and restated Model Plan to each Model Plan sponsored by a local employer in accordance with the Regulations; and WHEREAS, upon due deliberation, the Town Board of the Town of Southold has concluded that it is prudent and appropriate to amend the Deferred Compensation Plan for Employees of the March 11, 2008 Southold Town Board Meeting Minutes Town of Southold by adopting the amended Model Plan. NOW, THEREFORE, BE IT Page 30 RESOLVED, that the Town Board of the Town of Southold hereby amends the Deferred Compensation Plan for Employees of the Town of Southold by adopting the amended Model Plan effective December 7, 2007, in the form attached hereto as Exhibit A. IN WITNESS WHEREOF, the undersigned have executed this Resolution in Suffolk County, New York this 11th day of March, 2008 and directed that it be filed as appropriate. / Vote Record -Resolution RES-2008-281 ~~ D Adopted ^ Adopted as Amended Yes/Aye No/Nay Abstain Absent ^ Defeated William Ruland Seconder ~ ^ ^ ^ ^ Tabled Vincent Orlando Initiator m ^ ^ ^ ^ Withdrawn Albert Kmpski Jr. Voter 8 ^ ^ ^ ^ Supervisor's Appt Thomas H. Wickham Voer ~ ^ ^ ^ ^ Tax Receiver's App[ Louisa P. Evans Voter D ^ ^ ^ ^ Rescinded Scott Russell Voter ~ ^ ^ ^ 2008-282 CATEGORY: Advertise DEPARTMENT.• Trustees Advertise for Pump-Out Boat Operators RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise in the Suffolk Times and the New London Day for pump-out boat operators, under the supervision of the Town Trustees, on a seasonal basis, starting the weekend of May 24, 2008 through the weekend of October 5, 2008 at a salary of $14.00 per hour. / Vote Record -Resolution RES-2008-2 52 D Adopted ^ Adopted as Amended Yes/Aye No/Nay Abstain Absent ^ Defeated William Ruland Voter 8 ^ ^ ^ ^ Tabled Vincent Orlando Seconder m ^ ^ ^ ^ Withdrawn Albert Krupski Jr. Initiator D ^ ^ ^ ^ Supervisor's App[ Thomas H. Wickham Voter ~ ^ ^ ^ ^ Tax Receiver's Appl Louisa P. Evans Voter D ^ ^ ^ ^ Rescinded Scott Russell Va[er ~ ^ ^ ^ 2008-283 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bid Drydocking Munnetawket March 11, 2008 Southold Town Board Meeting Minutes Page 31 RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Derecktor Shipyard Conn, of Brid¢eport, CT for dry-docking and associated work on the vessel Munnatawket for the amount of $80,384.00 for the Fishers Island Ferry District. . ~ Vote Record -Resolution RES-2005-283 D Adopted ^ Adopted as Amended Yes/Aye NoMay Abstain Absent ^ Defeated William Ruland Voter m ^ ^ ^ ^ Tabled Vincent Orlando Voter ~ ^ ^ ^ ^ Withdrawn Albert Krupski Jr. Voter D ^ ^ ^ ^ Supervisor's Appt Thomas H. Wickham Seconder D ^ ^ ^ ^ Tax Receiver's Appt Louisa P. Evans Initiator m ^ ^ ^ ^ Rescinded Scott Russell Voter ~ ^ ^ ^ 2008-284 CATEGORY: Advertise DEPARTMENT.• Town Clerk Advertise for Committee vacancies RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Clerk to advertise for positions on various Towu committees, boards and commissions that have vacancies. ~ Vote Record -Resolution RES-2008-284 ~ Adopted ^ Adopted as Amended Yes/Aye No/Nay Abstain Absent ^ Defeated William Ruland Voter ~ ^ ^ ^ ^ Tabled Vincent Orlando Voter D ^ ^ ^ ^ Withdrawn Albert Krupski Jr. Voter ~ ^ ^ ^ ^ Supervisor's Appt Thomas H. Wickham Initiator ~ ^ ^ ^ ^ Tax Receiver's Appt Louisa P. Evans Seconder 8 ^ ^ ^ ^ Rescinded Scott Russell Voter m ^ ^ ^ 2008-285 CATEGORY.• Local Law Public Hearing DEPARTMENT: Town Attorney Set a Public Hearing for April 8, 2008 At 4:35 PM on a Local Law In Relation to Parking by Permit Only Area on Fishers Island, Greenwood Avenue, During the Summer WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 11 `h day of March, 2008 a Local Law entitled "A Local Law in March 11, 2008 Southold Town Board Meeting Minutes Page 32 relation to Parking By Permit Only Area on Fishers Island, Greenwood Avenue, During the Summer" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 8th day of April, 2008 at 4:35 p.m. at which time all interested persons will be given an opportunity to be heazd. The proposed Local Law entitled, "A Local Law in relation to Parking By Permit Onlv Area on Fishers Island, Greenwood Avenue, During the Summer" reads as follows: LOCAL LAW NO. 2008 A Local Law entitled, "A Local Law in relation to Parking By Permit Onlv Area on Fishers Island, Greenwood Avenue, During the Summer". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to provide for the health, safety and welfare of the citizens of the Town of Southold, the Town Boazd finds it necessary to enact these limited parking restrictions in this area of Fishers Island during the Summer season. II. Chapter 189, Parking, of the Code of the Town of Southold is hereby amended as follows: § 189-4. Designation of parking areas on Fishers Island. B. No person shall park any type of vehicle in any parking area designated here in this section as a "Parking by Permit Only" area unless such vehicle displays a valid parking permit duly issued for such vehicle in accordance with the provisions of Subsection D. In addition to the areas listed in Subsection A above the followingareas of Fishers Island are designated "Parking by Permit Only" Name of Street Side Between the Location Hours of Greenwood Avenue East 6:00 p.m. and On Fishers Island 6:00 a.m., the entirety of from and including the easterly side of Green- Memorial Dav wood Avenue March 11, 2008 Southold Town Board Meeting Minutes Through and Including Labor Dav III. SEVERABILITY Page 33 if any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this ]aw as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately after filing with the Secretary of State as provided by law. / Vote Record -Resolution RES-2005-2 85 ~ ^ Adopted Adop[edazAmended Yes/Aye No/Nay Abstain Absent William Ruland Initiator 8 ^ ^ ^ ^ Defeated ^ Tabled Vincent Orlando Voter ~ ^ ^ ^ ^ Wi[hdmwn Albert Krupski Jr. Voter D ^ ^ ^ ^ Supervisor's App[ ~fhomas H. Wickham Seconder D ^ ^ ^ ^ "fax Receiver's Appt Louisa P. Evans Voter D ^ ^ ^ ^ Rescinded Scott Russell Voter D ^ ^ ^ 2008-286 CATEGORY: DEPARTMENT.• Employment -Town Town Attorney Accepts the Resignation of Heather Cusack Effective April I, 2008 RESOLVED that the Town Board of the Town of Southold hereby accents the resienation of Heather Cusack effective Anril 1, 2008, with appreciation for her service to the Town. / Vote Record -Resolution RES-2005-286 ~ Adopted ^ Adopted as Amended Yes/Aye NoMay Abstain Absent ^ Defeated William Ruland Seconder ~ ^ ^ ^ ^ Tabled Vincenl Orlando Initiator ~ ^ ^ ^ ^ Wi[hdmwn Albert Krupski Jr. Voter D ^ ^ ^ ^ Supervisor's Appt Thomas H. Wickham Voter ~ ^ ^ ^ ^ Tax Receiver's App[ Louisa P. Evans Voter ~ ^ ^ ^ ^ Rescinded Scott Russell Voter 8 ^ ^ ^ 2008'287 March 11, 2008 Southold Town Board Meeting Minutes CATEGORY: Contracts, Lease & Agreements DEPARTMENT.• Town Attorney Page 34 Authorizes Supervisor Scott A. Russell to Execute a Memorandum of Understanding with Johnson Controls, Inc. RESOLVED that the Town Board of the Town of Southold hereby authorizes Suaervisor Scott A. Russell to execute a Memorandum of Understandine with Johnson Controls Inc , for the investigation and identification of possible energy efficiency or renewable projects, at no cost to the Town, subject to the approval of the Town Attorney. / Vote Record -Resolution RES-2008-287 D Adopted ^ Adopted as Amended Yes/Aye No/Nay Abstain Absent ^ Defeated William Ruland Voter 8 ^ ^ ^ ^ Tabled Vincen[Orlando Seconder ® ^ ^ ^ ^ Withdrawn Albert Krupski Jr. Initiator ~ ^ ^ ^ ^ Supervisor's Appl Thomas H. Wickham Voter ~ ^ ^ ^ ^ Tax Receiver's Appt Louisa P. Evans Voter ~ ^ ^ ^ ^ Rescinded Scott Russell Voter ~ ^ ^ ^ 2008-288 CATEGORY: DEPARTMENT.• Demchak SEQRA Seqra Land Preservation WHEREAS, the Town Boazd of the Town of Southold wishes to purchase a development rights easement on a certain parcel of property owned by Michael & Maria Demchak pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Code of the Town of Southold. Said property is identified as SCTM #1000-84-1-13. The address is 7810 Cox's Lane, Cutchogue, New York, and 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 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 development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owners. The purchase price for the easement is $75,000 (seventy-five thousand dollars) per buildable acre plus acquisition costs. The easement purchase may be eligible for partial funding from an awarded NYS Agriculture March 11, 2008 Southold Town Board Meeting Minutes and Markets grant; now, therefore, be it Page 35 RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of the Town of Southold hereby finds no sienificant impact on the environment and declares a neeative declaration pursuant to SEORA Rules and Regulations for this action. ~ Vote Record -Resolution RES-2008-288 D Adop[ed ^ Adopted as Amended Yes/Aye No/Nay Abstain Absent ^ Defca[ed William Ruland Voter D ^ ^ ^ ^ "tabled Vincent Orlando Voter ~ ^ ^ ^ ^ Wi[hdmwn Albert Krupski Jr. Voter ~ ^ ^ ^ ^ Supervisor's Appt Thomas H. Wickham Seconder ~ ^ ^ ^ ', ^ Tax Receiver's Appt Louisa P. Evans Initiator ~ ^ ^ ^ ~, ^ Rescinded Scott Russell Va[er ~ ^ ^ ^ I 2008-289 CATEGORY: Property Acquisition Purchase DF,PARTMF.NT: Land Preservation Demchak Elect to Purchase WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by Michael & Maria Demchak on the 11`h day of March, 2008, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-84-1-13. The address is 7810 Cox's Lane, Cutchogue, New York, and is located on the northeasterly side of Cox's Lane, March 11, 2008 Southold Town Board Meeting Minutes Page 36 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; and WHEREAS, the proposed 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 development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owners; and WHEREAS, the purchase price for the easement 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 may be eligible for partial funding from an awarded NYS Agriculture and Markets grant; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended to the Town Board that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by Michael & Maria Demchak pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Code of the Town of Southold. Said property is March 11, 2008 Page 37 Southold Town Board Meeting Minutes identified as SCTM #1000-84-I-13. The address is 7810 Cox's Lane, Cutchogue, New York, and 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 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 development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owners. The purchase price for the easement is $75,000 (seventy- five thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. Town funding for this purchase is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code of the Town of Southold. The easement purchase may be e]igible for partial funding from an awarded NYS Agriculture and Markets grant. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the Town Board hereby determines that this action is consistent with the LWRP. ~ Vote Record -Resolution RES-2005-289 8 Adopted Yes/Aye NuMay Abstain Absent ^ Adopted as Amended William Ruland Voter m ^ ^ ^ ^ Defeated Vincent Orlando Voter D ^ ^ ^ ^ Tabled ^ Withdrawn Albert Krupski Jr. Initiator ~ ^ ^ ^ ^ Supervisor's Appt Thomas H. Wickham Initiator ~ ^ ^ ^ ^ Tax Receiver's Appt Louisa P. Evans Seconder m ^ ^ ^ ^ Rescinded Scott Russell Voter ~ ^ ^ ^ VI. Public Hearines Motion To: Motion to recess to Public Hearing COMMENTS -Current Meeting: RESOLVED that this meeting of the Southold Town Board be and herebv is declared Recessed at 5:12 PM in order to hold a public hearine. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell March 11, 2008 Southold Town Board Meeting Minutes Page 38 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 Hearing for the Purchase of a Development Rights Easement on Property Owned by Demchak or Oregon Rds LLC COMMENTS -Current Meeting: COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN 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 Tuesdav, 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 hearin¢ for the purchase of a development 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 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 may be 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 Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. 1 have a notification that this has appeared on the Town Clerk's bulletin board outside and I also have a copy of a legal notice in the local newspaper. There are no other notifications or documents in the file. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on the acquisition of this property or the development rights of this property? COUNCILMAN ORLANDO: I think Al has a presentation. SUPERVISOR RUSSELL: Oh, I am sorry. Our lovely assistant Al is going to show us where it is. COUNCILMAN KRUPSKI: Since I am liaison to the Land Preservation Committee, this is a March 11, 2008 Southold Town Board Meeting Minutes Page 39 farm here. Here is Oregon Road, this is North Road, it is in between the two. As you can see, the farm is here. It is just to the east side of the dump, there has been a lot of development between the county and the town on Oregon Road on both sides, really and the town development rights have been sold adjacent to this property also. So, (inaudible) but I would recommend approval. (Inaudible) SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board, on this specific hearing? (No response) Let's close the hearing. COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN 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 11, 2008, at 4:35 p.m., Southold Town Hall, 53095 Main Road Southold New York as the timc and place for a public hearine for the purchase of a development 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 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 may be 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 Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have a notification that this has appeared on the Town Clerk's bulletin board outside and I also have a copy of a legal notice in the local newspaper. There are no other notifications or documents in the file. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on the acquisition of this property or the development rights of this property? COUNCILMAN ORLANDO: I think Al has a presentation. SUPERVISOR RUSSELL: Oh, I am sorry. Our lovely assistant Al is going to show us where it March 11, 2008 Southold Town Board Meeting Minutes ~s. Page 40 COUNCILMAN KRUPSKI: Since I am liaison to the Land Preservation Committee, this is a farm here. Here is Oregon Road, this is North Road, it is in between the two. As you can see, the farm is here. It is just to the east side of the dump, there has been a lot of development between the county and the town on Oregon Road on both sides, really and the town development rights have been sold adjacent to this property also. So, (inaudible) but I would recommend approval. (Inaudible) SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board, on this specific hearing? (No response) Let's close the hearing. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Closine Statements Supervisor Russell SUPERVISOR RUSSELL: Now, would anybody like to come up and address the Town Board on any issue? Nancy? Nancy Swastynowich NANCY SAWASTYNOWICZ: Good evening. Nancy Sawastynowicz of Cutchogue. I am here on behalf of the Group for Cutchogue, I am the president and I would like to publicly thank the Southold Town Planning Board for recognizing the faults of the first draft EIS for the Heritage condo project in Cutchogue. At the Town Board work session this morning, I was happy to see the Planning Board give each member of the Town Board a copy of the DEIS review, there is a lot of reading there. I hope the Town Board will carefully review the DEIS review and keep in mind the question Tom Wickham asked at the work session this morning, is the Town Board doing enough to send a clear message to the developer about what kind of development would be appropriate for the site? I would like also to note that the DEIS review instructs the developer to answer the questions about how the proposed development fits into the Town planning? The Town Board should ask themselves the same questions about how town planning fits into the proposed development and the hamlet of Cutchogue. I was born on the north fork and grew up in Cutchogue. I was there when the zoning change on the Heritage condo land was done 25 years ago, as a political favor. It was wrong then and it is wrong now. this should not be a political issue. What it should be is based on what is here already. Cutchogue hamlet is only 38 acres. The proposed project is on 46 acres. It is 8 acres bigger than all of Cutchogue village. It is not being built in the halo zone, it is on a farm that is prime agricultural land. Since the 80's, the master plan and all the land use proposal goals say keep open space and rural character. Achieve a comprehensibility between the natural environment and development, would you like to wake up one morning and have almost 150 cesspools or a stinky treatment plant next door to your property? We are not against development, we didn't oppose Founders Village or Peconic Landing or Pheasant Run; they fill the needs of our seniors. What the condo project the Heritage in Cutchogue is is a huge luxury condo project with a March 1 ], 2008 Page 41 Southold Town Board Meeting Minutes private gate, private clubhouse and health club. Everything to keep the people of Southold Town out. The Planning Board cannot change the zone on this high density lot. The Town Board can. This project should not be political, it should be about protecting our rural atmosphere. Meet the needs of the people that live here. Protect environmentally sensitive coastal areas and natural resources and the real heritage of Cutchogue. Please update a comprehensive plan for the north fork and believe me, I know that that cannot stop our over-sized, the over-sized luxury condo farm From our farmland, you the Town Board can. And thank you very much. Supervisor Russell SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board. Roberta Lee, Cutchogue ROBERTA LEE: Good evening, ladies and gentlemen. My name is Roberta Lee and I live in Cutchogue on the Main Road. I would like to address the issue of the project encompassing 40 acres north of the Cutchogue post office. A project sponsored by Norcro, PO Box 871, Riverhead. This group is preparing to make an application for high density sand box for the elderly. According to the Assessors office, this 46 acre farm, belonging to Norcro for more than 25 years, has been taxed as farmed farmland. Which is to be distinguished from unfarmed farmland. I am going to tell you, there is going to be a few tongue twisters here. For 25 plus years, this 46 acre site has been charged $13,000 and change annually, which is the farmed farmland annual rate. There is a preservation program in this town to save 80 percent of the remaining 10,000 acres of farmland in Southold. But this 46 acre site was not included in this program. Even though it is deemed as farmland by its tax designation. Just because it is zoned as high density residential area does not change the fact that it is farmland. According to the Assessor's office, if this parcel were taxed at the rate for unfarmed farmland, I hope you are following this, it would have been $2,500 more per year. These are not my figures. It is probably more. $2,500 a year times 25 years, maybe more, is $62,400. not subject to retroaction, fines, interest or court processes for false filing. So this is the $64,000 question. Do you remember, any of you, a program that was a television program during the 70's where it was the $64,000 question until it got kicked off the air because somebody cheated on it and was exposed? Well, I guess there is a similarity in figures in other things that we could ally with this project. Why not? Residents would be held culpable for such offenses. Why not the corporation? One whose CEO began as a bologna slicer in Cutchogue. Where or when does the lying stop? Farmland is farmland is farmland. And a lie is a lie is a lie. There are also changes that have not been mentioned but I would like to bring to your attention regarding this proposed DEIS form which was (inaudible). We have an obligation to the future generations to keep this planet of which this Town is a part, green. And that is, that means that these old models of asphalt on top of aquifers do not have any place in our obligation to the future. This means light pollution has to be stopped. This means we don't pour asphalt, we get gravel so that the water can drifr down through into the aquifer. This whole project has to be looked at entirely anew. I was really furious when I first came here to this spot last September, I have ]ived on my property for 20 years. Little did I know what monstrosity was lurking less than 500 feet from my house. The snake managed to keep himself covered all of those years. There was no talk about anything. The project was dropped when they lost in court because they had to fill the long form and instead they lied on the short form. Lies, lies. A history of lies. That is why I have followed March 11, 2008 Page 42 Southold Town Board Meeting Minutes this so quickly, so closely. Believe me, I left Queens hoping never to have to deal with things like this again and suddenly, thank you for 20 years but all of a sudden, this kind of stuff is falling in everybody's lap right now. it is very important, as I asked last September, and I still haven't gotten really the answer I am looking for, in 1983 when Nolan lost his case in court or Cron or well, it is a combination, when that happened why wasn't something done about it at the time? What is going to happen now? Why, since the Town has changed so much in 25 years, since 1983, new methods have to be devised to deal with the future. The future is not 25 years old, the future is now and onward. We must address these issues on today's basis, not what was decided 23 years ago and then sat fallow like the farmland. Thank you very much for your attention. Barbara McAdam, Cutchogue BARBARA McADAM: Good evening, I am Barbara McAdam and I live on Crown Land Lane in Cutchogue and I too have concerns about that parcel known as the Heritage. Three questions, three concerns. Mr. Supervisor, I wasn't at the last Town Board meeting but I did watch it on TV, in fact, I even watched it twice so that I could get this down precisely. One of my neighbors, Mrs. Tettelbach came up and asked you specifically about the issues of breakthrough's at Spur and Bridle onto Highland and in response you said to her, and I quote, "I wouldn't sign off on anything that would incur injury to the neighboring property". I guess my question is procedural, what is it exactly, what legal document or instrument that you as Supervisor or in conjunction with the Town Board, would you sign off on? SUPERVISOR RUSSELL: The original plan, which called for no breakthrough, the breakthrough came as a result of a Town engineer that recommended that for safety both for not just the new community but the existing community. I met with the developer and his attorney and they said, well, we don't want a breakthrough and we are happy to say no. I presented that to the Planning Board. I have the support of some of the Planning Board. At the end of the day, it is going to be their decision. I would oppose with any opportunity I have, any might I can bring to it, I would oppose any plan that would breakthrough to Bridle and Spur. Oppose any plan. I also sent her the letter that I sent to John Sullivan, another constituent in your community, outlining the meeting I had with Mr. Cuddy and Mr. Rimland, who assured me that they don't want a breakthrough, it wasn't t heir idea, I just need to get the Planning Board to understand that that is not the approach that they should take in settling the traffic issues, the burden is theirs, they have to solve it. I don't want to solve it for them. I think that was part and parcel to why the Planning Board rejected the entire EIS, in its entirety, because of it just not being a good document. MRS. McADAM: So in terms of the final process, it is the Planning Board to either issue approval or disapproval, whatever is within that is the way it is? So if they recommend the openings those one or both of those roads.... SUPERVISOR RUSSELL: I would oppose that with all my might. I don't know what my legal options are to fight that but I would certainly oppose that with all my might. And I would sincerely hope that at the end of the day, a Planning Board that is concerned for the community, wouldn't advocate the opening of those roads. March 11, 2008 Page 43 Southold Town Board Meeting Minutes MRS. McADAM: Okay. My second concern I guess is a follow up to Mrs. Lee's concerns about the way the Heritage properties have been taxed. To my latest thinking and you know, it is a very common sense approach, its market value increased, it skyrocketed once that property became rezoned hamlet density, quarter acre residential. Yet it continued to be taxed at what I think you called a nominal rate, less than $13,000 a year. There is other property in the Town of Southold, in fact I located one about the same size, it is in Southold, it has been vacant for a long, long time and their taxes are $26,000 a year. So, why does this situation exist? I mean, obviously that land isn't being farmed, it hasn't been farmed for over 30 years, Mr. Rimland is not buying farmland, he is buying quarter acre, hamlet density residential property. So, as a tax payer, I feel that maybe we have all been carrying the burden of that property that should have been taxed at a higher rate for the last quarter century. SUPERVISOR RUSSELL: I would agree with that. Land is usually disparate in a community. A lot of the rezoning that was done in the early 80's, first you have to understand that value of land is value in use, not value at zoning. I don't know why, in 1983, the Assessor's didn't respond to the rezoning and reassess it at that time. I don't know. I was just finishing high school. But the reality is, is that when I inherited the office in 1991, there was a lot of disparity with land throughout the entire Town, you can start with any section of town. And that isn't actually noticed, that particular piece at the time, certainly would have addressed it but you know, it is 54 square miles of Town and a lot of disparity and a lot of rezoning that was going on at the time as well. MRS. McADAM: Well, my concern is how many other like this might there be out there at this time that you know, need to be reevaluated, need to be reassessed? I think it would be a tremendous burden off the shoulders of all the taxpayers if everybody was paying what they should be. Especially out of town investors. So, that was my second concern. And my last question, I don't know if any of the Town Board is aware of a bill in the Assembly, it is bill number 1574, what it would do, the general idea of the bill, starting in 2008, to require the assessment of newly constructed and newly converted condominiums and or co-operatives to be assessed at market value. We have been hearing that the Heritage at Cutchogue is going to be 1/3 of the tax rate of the rest of us, I think this might be, since obviously the Town Board is interested in increasing the Town's revenue, this might be something to look at. I just want to read a brief portion here, because I think it is really important. It says, `Although communities want growth, it becomes disconcerting that such growth comes with inequities. Real property tax law, 5581 and real property law S399Y have created a system whereby condominium and co- operative real property owners are not subjected to the same taxing obligation as other property owners.' So this is a bill that is in the Assembly currently, I think it has been there for a while, it's open to all towns and municipalities outside of New York city and Nassau county, so that would certainly apply to us. I think it is something worthwhile that the Town Board needs to look into. SUPERVISOR RUSSELL: We do. Actually, every year we voice support for that measure through the Association of Towns, at the annual meeting every February. That law has been proposed every year since I have been in Assessors', starting in November 1990. It has never passed and it is not going to pass. There is a mechanism that town's can use to tax March 11, 2008 Page 44 Southold Town Board Meeting Minutes condominiums and by the way, they don't get a rate difference, what they do is their evaluation is different. You value them as income properties, not as single family dwelling and that by and large was crafred to the New York City condominium mazket. There is a way of getting around that, that would be for the Town to do a town wide revaluation and declare it a homestead option. As a homestead option, you could enroll condominiums as single family dwellings and tax them as such. That would be a long way to go to get there but that right now under current state law is the only option you have. Otherwise, they are treated under, and it is 339 not 399, 339Y and 581. The incorporation part. MRS. McADAM: It just strikes me that we need to do something to reevaluate vacant land that is around the town... SUPERVISOR RUSSELL: Well, you can't just do vacant. You have got to do everything. I have got to tell you, there is some disparity. The older homes which were a dime a dozen back in the late 70's, the historic homes, the renovated historic homes. They are all, you know, there are pockets of under-assessment, pockets of over-assessment. There is no doubt about it. We tried to correct as best we could in the years we were there in the Assessors Office. And they are still doing that, to this day. MRS. McADAM: I guess we need more work on that. Thank you. SUPERVISOR RUSSELL: Sure. Councilman Wickham COUNCILMAN WICKHAM: I would just like to briefly respond. The Supervisor spoke about a town wide re-assessment being a tool, really the only tool the town has to deal with a condo assessment. But if we did it, it would also deal with the other disparities and the other properties, like the project there in Cutchogue, that has been carried in the wrong assessment category For some years. There aze many of these categories that are wrongly assessed. We have, I have felt for a long time that a townwide re-assessment would bring about greater equity among those people paying taxes in this town. We have never found much interest on the part of the Assessors to bring that to us and until we do, I don't think the Town Board is likely to take it up with much vigor. Supervisor Russell SUPERVISOR RUSSELL: It is a $2,000,000 project that would be for the Town Board to pursue. Tom has been here for about 20 years, he has had plenty of time to pursue it. But let me tell you with candor, just remember, I understand your concerns with the Cutchogue property but if you are going to shift the tax burdens over to vacant land, it means that the vacant land is going to be taxed a lot more heavily than it is right now. that puts a lot of owners into a position of use it or lose it. That is exactly what happened in Southampton. It was Tim Caulfield himself who cautions this Town or cautioned me some years ago about the aspect of re-evaluation because of what Southampton went through. There is a lot of good, vacant land out there that we are trying to acquire. I would rather give preservation a chance and give us the time to acquire that before we put owners under the onus, the burden doesn't just shifr to the people you don't like, it shifrs to every piece of property out there and that is a real issue for the Town to do that. March 11, 2008 Southold Town Board Meeting Minutes Page 45 Also, if you are going to do that, you have to figure out what you are going to do with all the code violations that we are going to, guaranteed we are going to uncover throughout this revaluation. The in and outside inspections of all these homes and all these garages that have been converted; what are we going to do with them? Are we willing to prosecute them? Would anybody else like to address the Town Board? Ladies, first. Julie Rapauano JULIE RAPUANO: Hi. Julie Rapuano from Crown Land Lane in Cutchogue. I just have one question to you because it has been thrown at us over the past week. Do you or do you not have the authority to change the zoning? SUPERVISOR RUSSELL: The Town Board? MS. RAPUANO: You. I was told from good sources that you do have the authority to change the zoning at the Heritage. SUPERVISOR RUSSELL: Well, the Town Board has the authority to zone, do we have a legal, can we have a, you know, this application has been pending for five or six years now. do we have a legally defendable option? I don't think so. I realize Benja does, we are at disagreement on what our legal options are and I have to tell you, I am dealing with attorneys that do it every day for a living. Not just within Southold Town but outside counsel, I deal with the people, attorney's that deal with these land use issues every day and I am relying on their judgment. Do we have the ability to re-zone? Probably. Can we defend a re-zone? Probably not. This is a lot of years of pending application, I have only been here for two. This application came in four years prior to me. And there has been a lot of give and take and I thought we had (inaudible)of opportunity in goodwill over the years in not specifying a lot sooner what we would have expected out of that property. But also, if you are going to rezone it, what do you want there? You have to know the end game is, where you want to go with it. Is it an appropriate site for condos? No condos at all? Or you know, that is what, there was a recommendation last year to go to one acre zoning on 50 acres. That is 50 houses. That is Farmveu on half the land that Farmveu sits on. I don't see that as a compelling environmental option. Founders Village is a nice option. It has got a lot of open space, it has got a New England style to it, I like something like Founders Village. It is my goal to scale and to shape that into something along the size and scale of Founders Village. You might not agree with that but I also believe that that would meet the needs of seniors locally, too. That this particular project falls short of because of the price range. I think that Founders Village style community would meet the goals and 1 have to tell you, an overwhelming amount of seniors that tell me that they want to see something there, they just want to see something they can afford. MS. RAPUANO: Just to clarify, it didn't come from Benja. SUPERVISOR RUSSELL: Oh, I know. I am just saying, we have the right to rezone, the question is, what are we rezoning and what is the legal definition? What is the legal defense we are going to pose? MS. RAPUANO: Okay. Thank you. March 11, 2008 Page 46 Southold Town Board Meeting Minutes John Copertino, East Marion JOHN COPERTINO: Did everybody eat supper yet? Because I have an hour and half. A filibuster. They used to call it in the Senate, I think, right? My name is John Copertino, East Marion. Good evening, ladies and gentlemen of the Town Board. I had to write this down because I can't remember much. I try to put it to memory but I can't. I would like to start off by thanking you for your devoted service that you give to this town with little or no fanfare. I would also like to thank you beforehand for any attempts to reduce the destruction of our town by planned developments like Oki-do and the Heritage of Cutchogue. I have been aware of the political clime and activism of the people of Southold for many years. But seldom have I witnessed the unified coalitions of opposition to these mega developments that will destroy our town, in my opinion, if they are allowed to come about. I am a member of the Concerned Citizens of East Marion and the East Marion Community Association. We in East Marion face several threats. Oki-do is in an active stage of development. The development of a hamlet center in East Marion, against the wishes of the overwhelming majority will always be a threat as long as any one of you Board members are for it or a few of the stake holders push for that development. But that is not what I am here for tonight. The reason that I appear before you today is to ask you to pass legislation in regard to rental permits and accessory apartments throughout the Town. East Marion is under a real threat of being overwhelmed with renters that will, if we allow it, to be housed in overcrowded, squalid, unsanitary housing as they were in Cozy Cove. I feel that because it is off season now that the problem isn't as obvious as it will be in a month or two, when a lot of the workers come in. Thanks to you, Supervisor Russell, along with other Town departments, you closed down or reduced the number of occupants in Cozy Cove. And near the lavender farm, too. But there is other housing in East Marion that is prone to becoming another Cozy Cove. They include apartments, cottages, motel rooms and full sized vacant houses. These units can be easily converted into overcrowded slums, as was Cozy Cove if the Town doesn't pass regulations regarding the rentals. I know that you, Mr. Supervisor, have proposed the following rules that many feel will ensure a reasonable control over those landlords that couldn't care less about the quality of life of the citizens surrounding their housing. I agree with Mr. Russell that owner occupancy must be a rule for rental premises. Annual inspections in addition to for overcrowding, inspections for illegal apartments, illegal conversions, sanitary conditions must be written into our Town code. It has to be. Because we have too many vacancies in East Marion, as you do in a lot of the other hamlets. You are going to be surprised at the statistics I am going to give you. Above all, the landlords of rental properties must bear the increase in costs that their tenants cause the citizens of our community that we are paying now for. Their renters cause the need for increased town services and most of all, they produce increase in school costs and a rise in taxes for the citizens that can ill afford them, especially with the financial climate that is being felt by our citizens now. And we are going to feel a hell of a lot more as prices increase. I think fuel oil is about 3.60 now. Home heating oil, I just paid $3.70 for. These illegal landlords are now under the radar screen when it comes to paying their fair share of increased taxes that their tenants cost. Right now there are landlords that rent to workers that pay $150 to $200 a month. It sounds cheap, right? but they put 15 and 20 people in the house. Do the math. What is that $3,000 month? Our young citizens cannot afford to rent. Why should a landlord that is getting $3,000 a month rent it for an affordable rental apartment`? $1,000 a month. Why should they do it? They don't. They don't care about the rest of the people in the Town. They usually live up island someplace or out of state. Another group that is March 11, 2008 Page 47 Southold Town Board Meeting Minutes being hurt by illegal rentals is we, the senior citizens who try to survive on our fixed incomes. We, along with all of you, are feeling the rise in prices for everything from fuel oil to wheat. We, above all, being seniors, cannot afford increases in school taxes. If the landlords were forced to pay increased taxes, it may offset the increase in school taxes that their tenants cause. Their tenants are causing the, are going to school, they are producing children and going to school and the prices are going up. But the landlords are not paying that increase that they are causing. Now I am going to give you some statistics about our hamlet of East Marion. They stats are valid as of October 2007 and were downloaded from a website called Best Places.com. You might want to take a note of this because I have looked at all these censuses and this is the most up to date. And it takes their statistics from about 30 different agencies, including many real estate agencies. The per capita income of each citizen of East Marion is $28,000 a year. The median family income in East Marion is $49,800 a year. East Marion has the lowest income of all the hamlets except for Greenport. I hope you guys are going to, ladies and gentlemen will check this out and compare it to Cutchogue, which about three or four of youse live at. Right? Cutchogue? Cutchogue has a capita income of $39,000 with a household income of $72,000 a year. Quite a difference compared to East Marion. About $22,000 difference per household. Big difference. The point I am trying to make, to get across is that East Marion has more fixed income senior citizens than any other hamlet. And this is reflecting in those statistics. A retired couple gets approximately $1,600 per month in Social Security checks, that is from the US Social Security Administration. And 90 percent depend solely on that money to survive. The other 10 have additional pensions to rely on. Let me explain the point that I am trying to make here, is that we in East Marion cannot afford increases of any kind. And neither can the rest of the Town but especially East Marion. Especially school taxes caused by the imposition in our community of the population coming from, produced by, illegal housing. The landlords must pay their fair share. They must be held responsible for the businesses they run and indeed, it is a business. Especially if they don't live there. here is a real shocker. East Marion has a vacancy rate of 50 percent in all it's potential rentals, which includes second homes, occasional and seasonal rentals, motels, hotels, trailers, whatever. Statistics that you can check. Fifty percent are vacant. Well, you know, that includes a house that people don't want to rent, too. But it is a vacant house. But it is a potential rental. I have what I fear is not only the greedy landlords but if the state or county ever moves into East Marion and pays the landlords the exorbitant prices to place displaced or other families from out of town into East Marion and if that happens, East Marion and our Town will be in real trouble. I have seen it happen in other towns in Suffolk county. I have seen second rate motels and houses rented by the county to place welfare families, recovering drug addicts into them and I have witnessed sex offenders placed into a motel supposedly located away from children only to realize that the children were passing that motel as a shortcut to school. They were paying $80 a day, I think, for these displaced people. And of course, the motels, the second rate motels welcome anything from the county. The county will put them in there and forget about them. We need to promote the businesses and we need to regulate rentals. We need to regulate accessory apartments. We need to promote the businesses in our town, especially in the hotel and motel and tourist housing field. Just to safeguard from the county offering them a, you know, a good price to house displaced people. But not only, we have to promote businesses in this town not only in the tourist industry but in all the industries. We are hurting. If, you people don't realize it, or the viewers don't realize it, this country has some severe problems and it is going to get worse. We have financial problems March 11, 2008 Page 48 Southold Town Board Meeting Minutes in this country, there are jobs are lost over here, jobs being shipped out. Let us start at home and start some kind of a program to promote business in Southold. We need it here. Forget about Riverhead. They have enough business. Why spend $6, $8 in gas to go to Riverhead when you can buy items here in Southold? We must ward off the potential influx of anybody that will increase the cost of living without sharing in taxes that they cause the increase for. That is all. I just want to know where do you stand on that? Has it been tossed around? SUPERVISOR RUSSELL: I will tell you, John, I would like to put the rental permit legislation that I presented to this Board about two years ago back on the table in a couple of weeks. But there is a caveat for that. I do want to revisit the current town code and I want to revisit the idea of the accessory apartments themselves and see how we can use that legislation to start solving some of the affordable housing problem in this town, to ease those restrictions, to allow for more accessory apartments. It is very difficult to get them in this town and I would like to ease that restriction. MR COPERTINO: Right. SUPERVISOR RUSSELL: But with one strong requirement, that it is an owner occupied dwelling. That is an essential component that has to be protected and if we are going to move that line and allow for an easier approach to accessory apartments, we need to have an enforcement mechanism in place and the rental permit law is how you get there. I have to tell you that the two places I see the biggest problems in illegal housing is in East Marion and Mattituck. Generally we have a lot of older, big homes. MR. COPERTINO: Oh. Right. And you have older people, too. Probably the oldest group of people. I am one of them, so I know. In fact, I am a kid compared to.... COUNCILMAN KRUPSKI: We have that meeting tomorrow night, also with the Health Department in Mattituck to discuss just what Scott said, how the Health Department deals with accessory apartments. SUPERVISOR RUSSELL: And what we can and can't do in utilizing them as part of the affordable housing solution. Rather than trying to build our way out of a crisis. MR. COPERTINO: Yeah. As I talked to some of the elderly people, they are substituting their meager income by illegal apartments. SUPERVISOR RUSSELL: Yeah. MR. COPERTINO: I understand their position. Maybe in the rules you can do an income, maximum income before you, you know... SUPERVISOR RUSSELL: There is actually... MR. COPERTINO: (Inaudible) have any costs of permits or anything like that. We have to do March 11, 2008 Southold Town Board Meeting Minutes Page 49 something because we are so vulnerable out there, just take, you have to take a ride through there and especially this coming season, when workers start coming in. Oki-do, one of the biggest things I have against Oki-do, well, I have a lot of things against Oki-do but where are the workers families and the workers going to be? Are they going to take a bus from Riverhead to make $10 an hour or $8 an hour making beds or being waitresses or waiters in Oki-do? No. They are going to find places to live out there. The landlords are not going to pay the tax burden that they are going to impose on this town or impose on East Marion. We have to plan ahead. I know that there are some of you up there that are against this. I, you have to forget about how much money you're making on apartments, you have to think of the rest of the community. There is a lot of senior citizens in this community, about 50% of Southold Town is probably senior citizens, I would guess, and don't think that every senior citizen is wealthy. The wealthy ones will come here next month. The ones that live here are living on fixed incomes. SUPERVISOR RUSSELL: I talked with Phil Beltz about creating an inter-generational program that would allow for, would find money to allow seniors to create part of their home for an accessory apartment, so we could house some of the young professionals. Give them that apartment so they can develop their own equity and move into the market when they can afford it and at the same time, give the seniors that extra income to be able to stay in the home. MR. COPERTINO: Exactly. SUPERVISOR RUSSELL: We are working on things like that. We actually have a meeting with the Suffolk County Department of Health, tomorrow or Thursday? Tomorrow night, to explore those options. But I do think there is a two edged sword there, we need to ease up the rules but when we do, we need to have a strong mechanism in place to make sure those rules don't get violated. MR. COPERTINO: Of course, yeah. Like any other rule. But you are right, the young people here are leaving here because they can't even afford an apartment, much less a house. Forget about the house, you are getting married, who is going to want a house right away? You go to an apartment, they can't afford apartments. I mean, the smallest apartments. SUPERVISOR RUSSELL: I agree. MR. COPERTINO: Fifreen hundred dollars a month for nothing. SUPERVISOR RUSSELL: You develop no equity. MR. COPERTINO: And why? And why? Because the landlord can get $2,000 a month by renting to two or three families. You know? And he is not paying, paying that increase that he is making, putting in his pocket, in taxes. Tax them. Get this passed. I know you have been kicking this around for two years, I know you recommended it two years ago and you were tought by some of your fellow Board members. You have got to do something for East Marion and the rest of Southold. I wanted to take another hour and a half but you guys look hungry. Thank you very much. March 11, 2008 Southold Town Board Meeting Minutes Page 50 Supervisor Russell SUPERVISOR RUSSELL: Thank you, John. Would anybody else like to address the Town Board? Do I have any takers? (No response) Can I have a motion to adjourn? MS. EGAN: Just one more thing. We won't meet until after Easter, so Happy Easter, too. COUNCILMAN KRUPSKI: Thank you. VII. Motion To: Adjourn Town Board Meeting COMMENTS -Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:56P.M. + * » r C~, Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell