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Home My WebLink AboutTB-03/25/2008ELIZABETH A. NEVILLE wF~'r TOWN CLERK ~S h c REGISTRAR OF VITAL STATISTICS " d~ MARRIAGE OFFICER lbf * y a RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES March 25, 2008 7:30 PM A Regular Meeting of the Southold Town Boazd was Meeting Hall, 53095 Main Road, Southold, NY. Supi PM with the Pledge of Allegiance to the Flag. Call to Order 7:30 PM Meeting called to order on Mal'ch 25, 2 Southold, NY. Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631)765-6145 Telephone: (631) 765 - 1800 southold[own. northfork. net 25, 2Q08 at the the Yeetin>; at 7:30 Meeting Hall, 53095 Route 25, 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 Absent Elizabeth A. Neville Town of Southold 'Town Clerk Present Kieran Corcoran Town of Southold Assistant Town Attorne Present I. Reports. 1. 2. 3. Recreation Department Monthly Report February 2008 Claims Lag Report 3/ I /07-2/29/08 Supervisors Budget Report January 2008 March 25, 2008 Southold Town Boazd Meeting Minutes 4. Supervisors Budget Report February 2008 5. Board of Town Trustees February 2008 6. Judge Price February 2008 7. Judge Evans FEbruary 2008 II. Public Notices 1. NYSDOT - 50 Mph Speed Zone -Route 25, East Marion -Orient 2. 2008 Spring Cleanup Highway Town-wide Pick up begins April 14 in Orient Free of charge at Transfer Station April 12 through May I 1 3. NYS Liquor License Renewal Osprey's Dominion Vineyazds, Ltd., 44075 Main Rd., Peconic -Winery License Johnnie's Cutchogue Diner, Inc., Main Rd., Cutchogue - On premises Beer/Wine License III. Communications 1. Mattituck Cutchogue Little League Thank you to Jim McMahon, Jeff Standish and his crew for renovating the field in Laurel IV. Discussion 1. 9:00 AM -Dave Bergen RFP -Abandoned Mooring 2. 9:15 AM -Jeremy Samuelson, Group for the East End Bay to Sound Stewardship Initiative 3. 9:45 AM -Peter Harris, Jim McMahon Labor Crew Leaders Page 2 4. 10:15 AM -Jamie Richter March 25, 2008 Southold Town Board Meeting Minutes Update on New Suffolk project Page 3 5. 10:30 AM -George Sullivan Resolution rejecting portion of Exec. Budget re elimination of Receiver of Taxes as an elective office 6. Suffolk Bike/Boat/Bike Event - 2008 7. Colony Pond Water 8. Re-Appointments to Town Committees/Call for Resumes 9. 12:00 Noon -Executive Session Personnel -Police Department Employment 10. 12:30 PM -Executive Session -Bob Scott Litigation -Tax Certiorari Settlements 11. Executive Session Litigation -Commencement of new action in Supreme Court 12. 1:00 PM -Jim Bunchuck Report from Jim HiII, Engineer 13. Deputy At Landfill 14. Propoed CPF Exemption for First-Time Home Buyers per Councilman Orlando Call to Order 7:30 PM Meeting called to order on March 25, 2008 at Meeting Hall, 53095 Route 25, Southold, NY. Pledee to Flaa Oaenina Statements Councilman Krupski COUNCILMAN ICRUPSKI: Good evening. I would like to call this meeting to order. The Supervisor is missing this evening, he was at the work session this morning but he is under the weather, so he won't be here this evening. Would anyone from the audience like to comment on any of the items on the agenda this evening? Mazch 25, 2008 Page 4 Southold Town Boazd Meeting Minutes Nancy Swastynowich, Cutchogue NANCY SAWASTYNOWICZ: My name is Nancy Sawastynowicz from Cutchogue. Yes, on page 27 resolution 328. I support that resolution and I am glad the Town is acting on that. Thank you. Benja Schwartz, Cutchogue COUNCILMAN KRUPSKI: Thank you. Ladies first. JOAN EGAN: Let him go first. Go ahead. BENJA SCHWARTZ: I see on resolution 327, the Town Board is suing somebody to remove stairs, pallets and stones on the bluff and beach. Is that east of the old Beachcomber? Do you know? COUNCILMAN KRUPSKI: Yes, it is. MR. SCHWARTZ: Stone steps that go up the bluff? COUNCILMAN ORLANDO: So you have seen it? MR. SCHWARTZ: Yes, I have. It is a horror. We aze glad the Town is taking action on it. Councilman Krupski COUNCILMAN KRUPSKL• So far we have been complimented twice. Anyone else? Joan Egan, East Marion JOAN EGAN: Joan Egan, East Marion. Happy spring to everybody. Hope everybody have a nice Easter. I always thought, well, I thought, I know that when the Supervisor can't come the Deputy usually takes over. John Sepenoski, how come he is not here? COUNCILMAN KRUPSKI: I am not sure, ma'am. I got a call, I was at my daughter's softball game this afternoon, I got a call would I run the meeting tonight and I said of course I would. MS. EGAN: I think we pay him about $5,000 a year or something, he certainly should have been put on the alert that he might be needed tonight. When I called here eazlier this morning I was told that the Supervisor hadn't been well and wasn't in yesterday and I was told if he couldn't come, John Sepenoski would be here, so somebody didn't carry the ball through properly. Shame, shame. Item 293, are we replacing the Assistant Secretary in the Building Department? COUNCILMAN KRUPSKI: Yes, we will interview for that position. Advertise and interview. MS. EGAN: Okay. Fine. I was glad to see 295, (inaudible) the police department thing, that that was cancelled but we have another one here on 296. And I would presume that is day hopping for the Bay Constable and putting other police officers. That is a day hop, right? March 25, 2008 Page 5 Southold Town Board Meeting Minutes COUNCILMAN KRUPSKL• Well, it is in Orient. MS. EGAN: Yeah. Now, item 297, I don't quite understand all of this. I don't need, see why they have to go away for this. There is never, ever enough help at the Building Department and as I said at the last meeting, every time I go there, Mr. Verity is not there and now he is going to be going away again. These people should stay home and do their jobs, that is what they get paid for. COUNCILMAN KRUPSKI: Well, I will, if you want I will call Mr. Verity tomorrow and I will ask him if it is necessary for absolutely everyone to go to Lindenhurst. JUSTICE EVANS: Many of these courses they aze required to take. COUNCILMAN KRUPSKI: That is true. Some are state requirements that they have to fulfill. MS. EGAN: That I understand and they should make their work schedule so they are here. Now, on 298, I thought we had done all of the necessary seminazs for the Emergency Management budget thing. And now they are sending the Chief and Lloyd Eisenberg and Ed Forrester and my god, he needs help. We need another code enforcer and now he will be disappearing for a day or two. COUNCILMAN ORLANDO: That is an annual Emergency Management seminaz, held every yeaz there. MS. EGAN: Yeah, well, I don't see why Ed Forrester has to go. I mean, he is the only code enforcer we have. And so many people are behind schedule because they are waiting for Ed Forrester to come review things and now he will be gone for a day or two. I don't know. Now, on item 300 what do we charge normally for compost? COUNCILMAN KRUPSKI: I have forgotten the fee schedule. We reviewed it a couple of weeks ago. COUNCILMAN ORLANDO: It was last work session. COUNCILMAN KRUPSKI: I didn't memorize it. MS. EGAN: Ballpark. COUNCILMAN KRUPSKI: For compost? MS. ELAN: Yeah. COUNCILMAN KRUPSKI: There is a rough ground one and a fine ground one. I don't know. MS. EGAN: Nobody knows. March 25, 2008 Page 6 Southold Town Board Meeting Minutes COUNCILMAN KRUPSKI: The first 500 are free to town residents. MS. EGAN: Hmmm? For free. COUNCILMAN KRUPSKI: I know that they are doing a really good job down at the dump now making a high quality compost. They made the price competitive, so that it is a product that they aze selling out of. And people are quite pleased with it. COUNCILMAN ORLANDO: It is less than $10 a yard. I believe it was somewhere around $7. MS. EGAN: It used to be $7, it is up to $10 now? COUNCILMAN ORLANDO: It is below $10. MS. EGAN: It should be free. Oh, item 309, I don't see any reason why Ms. Hulse has to go away. As I said, so many of this can be handled, well, it is another day out, another more expense. I don't see why this can't be handled by computer or telephone or better ways of doing it. We are still having a difficulty getting school crossing guards aren't we? That is item 312. JUSTICE EVANS: That is actually on Fishers Island. MS. EGAN: Hmm? JUSTICE EVANS: That is on Fishers Island, the school crossing guard. We have come into the situation where the other ones are either sick or off island and it is just another person to substitute. MS. ELAN: It is very hard to get someone to do that job and I don't blame them the way some of these people drive. Now, there also still is no flashing light by the Mattituck school. Greenport has it, Cutchogue has it but Mattituck doesn't have a flashing light yet. Is someone going to do something about that up there? COUNCILMAN KRUPSKL• I believe everything is in motion... MS. EGAN: Motion? It has been two years. Two years. COUNCILMAN KRUPSKI: They are not the most responsive to Southold Town. MS. EGAN: Well, that is the, who is that? COUNCILMAN KRUPSKI: New York State Department of Transportation. MS. EGAN: Well, that is, that whole Mattituck is so bad I don't understand it at all. You have had too many accidents along that road. And the, item 314, this is again more rules and regulations, and nobody to enforce it and what about the animal shelter? Mazch 25, 2008 Page 7 Southold Town Board Meeting Minutes COUNCILMAN KRUPSKI: Actually, 314 is about expanding the uses in the LB limited business zone in the town... COUNCILMAN WICKHAM: To hold a hearing. COUNCILMAN KRUPSKI: It is going to be about holding a hearing to allow more uses in this zone and it is a local law in relation to dog and cat caze facilities in the limited business zone. So we will hold a public hearing on that Apri122. MS. EGAN: Oh, okay. Good. Oh, what is item 323 about? What is the Transportation Commission? COUNCILMAN KRUPSKL What about it? MS. EGAN: What is it? COUNCILMAN KRUPSKI: Mr. Wickham is the Town Board liaison to the Transportation Commission. MS. EGAN: Oh, Mr. Wickham's head is falling off. COUNCILMAN KRUPSKI: Maybe he would like to explain what their charge is. COUNCILMAN WICKHAM: The Transportation Commission is in place to review all matters related to transport, traffic, transit, busses, railroads, highways, state, county, town roads. Everything to do with transportation in the Town of Southold. They have been there for about 13 years now and I think they are doing important work for the Town. MS. EGAN: Yeah. And who are these two people? COUNCILMAN WICKHAM: Margaret Brown was one of the first members of the Transportation Commission when it was first established. Frank Field is a representative who has been on the commission for a long time, too. MS. EGAN: Oh, okay. Oh, I did want to ask about this, going backwazds to 322. These committee appointments. Now, these are all people you know, who have been voted in and what have you. Do they get, when they are appointed to these kind of committees, do they get an additional salary or is it just part of the job? COUNCILMAN KRUPSKI: No. I am actually the liaison to the Stormwater Committee that you are referring to. Three of the other people are elected officials and so that is just a committee that they serve on to address the stonnwater things. One is a Cornell employee and three others are, well, another one is an elected official, Pete Harris. And two others are in-house people who attend and have jobs related to stormwater that would be helpful to the community. March 25, 2008 Southold Town Boazd Meeting Minutes MS. EGAN: None of them, whether they are elected or otherwise, get any... COUNCILMAN KRUPSKI: There is no additional compensation. MS. EGAN: There is no compensation. COUNCILMAN KRUPSKI: Not at all. MS. EGAN: Good. Page 8 COUNCILMAN KRUPSKI: None of the committee members that we are going to appoint tonight are paid. MS. EGAN: Good. Thank you very much. COUNCILMAN KRUPSKL• Thank you. Would anybody else like to comment on any agenda items? (No response) Let's move ahead. Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accents the minutes dated: Tuesday, February 26, 2008 / Vote aecard •Acee tame of Minutes ror Februa 26 2008 7:30:PM: - Yes/Aye No/Nay Abstain _ Abseat William Ruland Voter 0 ^ ^ ^ D Accepted Vincent Orlando Voter D ^ ^ ^ ^ Accepted as Atnended Albert Krupskt Jr. Voter ~ ^ _ ^ _ ^ ^ Tabled Thomas H. Wickham Seconder D ^ ^ ^ Lowsa P. Evans initiator D ^ ^ ^ Scott Russell Voter ^ ^ ^ ^ V. Resolutions 2008-290 CATEGORY.• Audit DEPARTMENT: Town Clerk Audit 3/25/08 RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated March 25, 2008. March 25, 2008 Southold Town Board Meeting Minutes Page 9 ~ Vrite Record -:Resolution RE93008-290 ® Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland Voter 0 ^ ^ ^ ^ Defeated Vincent Orlando Voter 0 ^ ^ ^ ^ Tabled Albert Kmpski Jc ~ Voter ^ ^ ~ ^ ^ ^ Witbdnwn Thomas H Wickham Seconder ^ ^ ^ ^ ^ Supervisor's Appt . 1 ouisa P Evans - Initiator 0 - ^ ^ ^ ^ Taz Receiver's Appt - __ Scott Russell Voter ~ _.,,, ^ F _ ^ _ ^ ~ 0 ^ Rescinded 2008-291 CATEGORY.• Set Meeting DEPARTMENT: Town Clerk Next Meeting 4/8/08 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, Apri18, 2008 at the Southold Town Hall, Southold, New York at 4:30 P. M.. 1 Xote Record •Resotuton R~S2008-2 41 0 Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland Voter ~ D ^ ^ ~ ^ ^ Defeated Vincent Odando _ Voter .__.. p ^ ... _.. ^ - _.. .. ^ _.... ^ Tabled Albert lGupski h. ~ Voter D ^ ^ ^ ^ Withdrawn Thomas H Wickham Seconder D ^ ^ _. ^ ^ ^ Supervisor's App[ . Louisa P. Evans ~ Initiator ^ ^ ^ ~ ^ Tax Receivers Appt Scott Russell __ Voter _.. ^ ^ _. ^ - 0 ^ Rescinded 2008-252 Tabled 2/26/2008 7:30 PM CATEGORY: Close/CTse Town Roads DEPARTMENT: Town Clerk Suffolk Bicycle Riders Bike/Boat/Bike 6-1-OS RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Suffolk Bicycle Riders' Association to use the followine Town Roads for their Annual Bike - Boat -Bike event on Sunday, June 1.2008, beainnin~ at 7:00 a.m., provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured and contact Captain Flatley, upon receipt of this approval, to coordinate traffic control: New Suffolk Avenue, Grathwohl Road, Depot Lane, Mill Road, Soundview Road, Soundview Road Ext., Lighthouse Road, Moores Lane, Albertson Lane, Youngs Avenue, Calves Neck Road, Hill Road, Wells Road, Oaklawn Avenue, Jockey Creek March 25, 2008 Southold Town Boazd Meeting Minutes Page 10 Drive, Ackerly Pond Lane, North Bayview Road, Main Bayview Road, Cedar Avenue, Cedar Beach Road, Bridge Lane, Oregon Road, Wickham Avenue, Westphalia Road, Sound Avenue, and Factory Lane. Support is for this year only as the Town Board continues to evaluate the use of town roads. ~/ VoteReeord+Resolatioa RES-2008-2 52 0 Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland Initiator D ^ ^ ~ ^ ^ Defeated Vincen[Orlando Voter ^ ^ ^ ^ ^ Tabled Albert IWpski Jr. Voter D ^ ^ ^ ^ Wi[hdmwn ^ Supervisor's Appt Thomas H Wwkham - Voter - 0 - ^ -- ^ - ^ ^ Tax Receiver's Appt 1-ouisa P. Evans Seconder m ^ ^ ^ ^ Rescinded Scott Russell ', Voter ^ ^ ^ ', m 2008-292 CATEGORY.• Budget Modification DEPARTMENT: Accounting Budget Modification 2007 Health Plan Fiscad Impact: Administration of Medicare Part D was not included in the 2007 budget as the costs associated with administration of this new Federal program were not known at the time the 2007 budget was prepared. Revenues more than offset this expense. Medical Claims for the year ending December 31, 2007 exceeded the 2007 budget by about $125, 000, and are the result of higher than expected usage and several severe, hence costly illnesses. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2007 Employee Health Benefit Plan Fund budget as follows: Appropriations: From: MS.1910.4.000.000 Insurance $ 5,000.00 MS.1989.4.000.000 Medicare Reimbursement 13,000.00 To: MS.8686.4.000.100 Medicare Part D Administration $ 4,800.00 MS.9060.8.000.000 Medical Benefits 125,000.00 Revenues• To: MS.2401.00 Interest & Earnings $ 9,000.00 MS.2680.00 Insurance Recoveries 3,300.00 March 25, 2008 Southold Town Board Meeting Minutes MS.2700.00 Medicare D Reimbursement 32,000.00 MS.2709.00 Retiree/COBRA Contributions 9,000.00 MS.5031.00 Interfund Transfers 40,449.00 MS.5990.00 Appropriated Fund Balance 18,051.00 Page 11 / VoteRecord -: Resotutioq RES2008-2 92 0 Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland Seconder 0 ^ ^ ^ ^ Defeated Vincent Orlando Initiator 0 ^ ' ^ ^ ^ Tabled Albert Kmpski Jr. Voter ® ^ ^ ^ ^ Withdmwn Thomas H Wrokham Voter 0 ^ ^ ^ ^ Supervisors App[ - - ~ -. - - - - ^ Tax Receiver's Appt t-ouisa P. Evans Voter 0 _ ^ _ ^ _ ^ ^ Rescinded Scott Russell ~ Voter ^ ^ ^ ', Cv] 2008-293 CATEGORY: DEPARTMENT: Retirement/Resignation Accounting Georgia Rudder Intent to Retire RESOLVED that the Town Board of the Town of Southold hereby accents with regret the letter of intent to retire of Georgia F. Rudder from the position of Secretarial Assistant in the Building Deaartment, effective May 30, 2008. ~ Vote Rernrd -Resolution RES-2008-293 ' ~ Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as eVnended William Ruland ' Voter Cv] ^ . ^ ^ ^ Defeated Vincent Orlando Voter ~ ^ ^ ^ ^ Tabled Albert Kmpski Jr. '. Initiator ~ ^ ^ ^ ^ ^ Withdmwn ' Thomas H Wickham Voter D ^ ^ ^ ^ Supervisor s Appt i Iquisa P. Evans Seconder D ^ ^ ^ Tax Rece vers App[ - - - --- - - ^ Rescinded Scott Russell Voter ^ ^ ^ m 2008-294 CATEGORY: DEPARTMENT: Budget Modification Police Dept BudgetModifzcation -Police Fiscal Impact: Several tow fees and fuel bills were submitted late by the vendors after the year end adjustment of 2007 budge[ thereby causing these overextended lines which needed to be balanced. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2007 Police Whole Town budget as follows: March 25, 2008 Southold Town Board Meeting Minutes From: A.3120.2.200.200 Chairs $ 656.00 A.3120.4.100.100 Office Supplies & Station 280.92 A.3120.4.100.550 Flares, Oxygen, Ammunition 105.00 A.3120.4.100.600 Uniforms & Accessories 631.86 A.3120.4.100.900 Miscellaneous Supplies 54.37 A.3130.4.100.500 Equipment Parts/Supplies 339.80 $2067.95 To: A.3120.4.400.700 Vehicle Impound $1728.15 A.3130.4.100.200 Gasoline & Oil 339.80 $2067.95 Page 12 t Vote Reeard 1lesolution R6S•2908-2 94 0 ^ Adopted Yes/Aye - No/Nay Abstain Absent Adopted as Amended William Ruland Voter 0 ^ - ^ ~ ^ ^ Defeated - ~ ^ Tabled Vincent Orlando Voter 0 ^ - ^ ^ ^ Wi[hdmwv Albert Knrpski Jr. Voter ~ 0 ^ .. ^ ^ ... ^ Supervisor's App[ Thomas H. Wickham Seconder 0 ^ ^ ^ ^ Taz Receivers Appt Louisa P. Evans Initiator 0 ^ ~ ^ - ^ ^ Rescinded Scott Russell ~ Voter - ^ ^ ^ 2008-295 CATEGORY: DEPARTMENT: Attend Seminar Police Dept Rescind Resolution No. 2008-259 Adopted At the March l1, 2008 Meeting RESOLVED that the Town Board of the Town of Southold hereby rescinds Resolution No. 2008-259 adopted at the March 11, 2008 Town Board meeting due to the cancellation of the course. ~ Vote Record -Resolution RES-2008-295 D ^ Adopted Yes/Aye No/Nay Abstain Absent Adopted as Amended William Ruland Voter D ^ ' ^ ^ ^ Defeated ^ Tabled Vincen[Orlando Voter D ^ ^ ^ ^ Wi[hdmwn Albert Kmpski Jr. Voter D ^ ^ ^ ' ^ Supervisors Appt Thomas H. Wickham Initiator ~ ^ ^ ^ '. ^ Tax Receivers Appt Louisa P.. Evans Seconder D ^ ^ ^ ^ Rescinded Scott Russell Voter ^ ^ ^ p ', March 25, 2008 Southold Town Board Meeting Minutes 2008-296 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Page 13 Request to Send Dive Team Members to Dive Rescue I Training At Orient Fire Department In April RESOLVED that the Town Board of the Town of Southold hereby grants uermission to Police Officer Richard Buonaiuto, Police Officer Roman Wilinski, Senior Bay Constable Donald Dzenkowski and Bav Constable John Kirincic (as tender) to attend a seminar on Dive Rescue I at the Orient Fire Department, Orient, NY commencing on Friday. April 18 through Monday. Aari120, 2008. All expenses for registration to be a legal charge to the 2008 Police Budget Training Line - A.3120.4.600.200. ~/ yate RBmrd ~Reaolution RES IROS-2 96 ® Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland ~ Initiator ~ 0 ~ _ ^ ~~ ^ ^ ^ Defeated Vincen[Orlando._. Seconder H .. ^ ._ ^ ..__.. ^ ___.. ^ ^ Tabled Wi[hdmwn Albert Krupski Jr Voter 0 ^ ^ _. ~ ^ _ ^ Supervisor's Appt Thomas H. Wickham Voter 0 .. ^ ~ ^ -- ^ ~ -~ ^ Tax Receiver's Appt LouisaP Evare - -- Voter - D _. . ^ .__ ^ __. ^ - ^ Rescinded Scott Russell i Voter ^ ^ ^ 2008-297 CATEGORY: DEPARTMENT: Attend Seminar Building Department Attend Seminar -Building Dept RESOLVED that the Town Board of the Town of Southold hereby grants permission to Building Permits Examiner Patricia Conklin, Building Insuector Garv Fish. Fire Inspector Robert Fisher, Building Inspector George Gillen and Chief Building Insuector Michael Verity to attend a seminar on Wood Structural Panel Basics and Eneineered Wood Products in Lindenhurst, New York, on March 26, 2008. All expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2008 Building Department budget (meetings and seminars). March 25, 2008 Southold Town Board Meeting Minutes Page 14 / Vote Reeard-Resolution RES-2008-2 91 0 Adopted - Yes/Aye No/Nay Abstain ' Absent ^ Adopted as Amended ~y~jjiam Ruland Voter 8 ^ ^ ' ^ ^ Defeated Vincen[Odando Initiator 0 ^ ^ ^ ^ ^ Tabled Wi[hdtawn AlbertKmpski Jr. Voter D ^ ^ ^ ^ Supervisot's App[ Thomas H Wickham - - -- Voter - 0 - ^ ^ ^ ^ Tax Receiver's App[ Louisa P. Evans __ Seconder 0 ^ ^ ^ ^ Rescinded Scott Russell Voter ^ ^ ^ 2008-298 CATEGORY: Attend Seminar DEPARTMENT: Data Processing 2008 LI/NYC Emergency Management Conference RESOLVED that the Town Board of the Town of Southold hereby grants permission to Chief Cochran, Lloyd Reisenber¢, Ed Forrester and Karen McLauehlin to attend a seminar from Mav 28 to Mav 29 in Huntin¢ton NY , 2008. All expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2008 Emergency Management budget (meetings and seminars). /Yote Record-Resolggap RlE82008-2 98 ® Adopted yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland Voter 8 ^ ^ ^ ^ Defeated Vincent Orlando Seconder 8 ^ ^ ^ ^ ^ Tabled Withdrawn Albert Kmpski Jr. - Initiator - 0 ^ ^ - ^ ^ Supervisor's Appt Thomas H. Wickham Voter 0 ^ ^ ^ ^ Tax Receivers Appt Louisa P Evans Voter ~ ^ ^ ^ ^ Rescinded Scott Russell Voter ^ ^ ^ D 2008-299 CATEGORY: Employment -Town DEPARTMENT: Accounting Set Salary of Pump-Out Boat Operator RESOLVED that the Town Board of the Town of Southold hereby sets the salary for Seasonal pump-out boat operator for the Trustees, at a rate of $14.00 per hour, effective May 1, 2008. Mazch 25, 2008 Southold Town Board Meeting Minutes Page 15 / Vote Record - aesotntion RES 2005-299 D Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended Wjljiam Ruland Voter D ^ ^ ^ ^ Defeated Vincen[Orlando Voter D ^ ^ ^ ^ Tabled Albert Krupski Jc Voter D ^ ^ ^ ^ Withdrawn Thomas H Wtckham Seconder D ^ ^ ^ ^ Supervisor's App[ . Louisa P Evans Inina[or D ^ ^ ^ ^ Tax Receiver's App[ . _._. _. Scott Russell _ Voter ^ .. ^ . ^ _... 4 ^ Rescinded 2008-300 CATEGORY: DEPARTMENT: Spring Cleanup 2008 Public Service Highway Department RESOLVED that the Town Board of the Town of Southold hereby authorizes the acceptance of residential leaves and brush at the Southold Town Compost facility, free of charge, for four t4) weeks in connection with the Spring Cleanup for the year 2008 startine Saturday, April 12, 2008, throueh Sunday. May 11, 2008; and be it FURTHER RESOLVED that the Town Board hereby extends the waiver of such fees to commercial entities carrying leaves and brush from residential properties (located within the Town) during that period; and be it FURTHER RESOLVED that the Highway Department Spring Cleanup will commence on Monday, April 14, 2008, in ORIENT POINT and end at LAUREL; and be it FURTHER RESOLVED that the Fishers Island Spring Cleanup will also commence on Monday, April 14, 2008. / Vote Record -Resolution RES-2008-3 00 D Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland Voter D ^ ^ ~ ^ ^ Defeated Vincent Orlando Voter D ^ ' ^ '. ^ ^ Tabled Albert Kmpski Jr. Voter D ^ ^ ^ ^ Withdmwn Thomas H Wickham Initiator D ^ ^ ^ ^ Supervisor's App[ _.. ^ Tax Receiver's Appt Louisa P. Evans Seconder D ^ ^ ^ ^ Rescinded Scott Russell Voter ^ ^ ^ Q March 25, 2008 Page 16 Southold Town Board Meeting Minutes 2008-301 CATEGORY.• Close/Use Town Roads DEPARTMENT: Town Clerk Multiple Sclerosis Bike MSI50 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the National Multiple Sclerosis Society to use the following roads for its Annual MS 150 Twin Forks Bide Tour on September 13-14, 2008: Soundview Avenue, Southold and Peconic; Mill Lane and Peconic Lane, Peconic; New Suffolk Road, New Suffolk; New Suffolk Avenue, Mattituck; Bay Avenue and Peconic Bay Blvd., Mattituck and Laurel, provided they file with the Town Clerk a One Million Dollaz Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley, upon receipt of a certified copy of this resolution, to coordinate traffic control. Support is for this yeaz only as the Town Boazd continues to evaluate the use of town roads. ~ Yote Record ~:ResolutlanRE3.2008-301 0 Adopted ! Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended Witham Ruland Initiator 4 ^ ^ ^ ^ Defeated Vincent Orlando Votec D ^ ^ ^ ^ Tabled Albert Krupslu Jr. Voter ^ ^ ^ ^ ^ Wi[hdmwn Thomas H Wickham Seconder 8 ^ ^ ' ^ ^ Supervisor's App[ . Louisa P Evans '. Voter 8 ^ ' ^ ^ ^ Tax Receiver's Appt . -- - Scott Russell ' Voter - - ^ ^ ^ - - 0 ^ Rescinded , 2008-302 CATEGORY: Refund DEPARTMENT: Planning Board Refund Park & Playground Fee -Marco Fiscal Impact: Applicant withdrew application for Conservation Subdivision and Planning Board recommends return of Park & Playgroundfee RESOLVED that the Town Board of the Town of Southold, on the recommendation of the Southold Town Planning board, hereby grants a refund in the amount of $24,500.00 to Philip and Patricia Marco for Park and Playground fees that were received. March 25, 2008 Southold Town Board Meeting Minutes Page 17 / Vote Record - Resolution RE8-2008-3 02 0 Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended Wiljjam Ruland '. Seconder 0 ^ ' ^ ^ ^ Defeated Vincent Orlando '. Initiator 0 ^ ^ ^ ^ ^ Tabled Albert Kmpski Jc ~ Voter ~ ^ t7 ^ ^ Withdrawn i Thomas H. Wickham '. Voter 0 ^ ', ^ ^ Superv sors Appt ^ Tax Receivels App[ Louisa P. Evare Voter ® ~ ^ ^ ~ ^ ^ Rescinded Scott Russell Voter ^ ^ ^ m 2008-303 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Community Development 2008 Shellfish Program -Cornell RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs S~ervisor Scott A. Russell to execute an n Aereement with Cornell Cooperative Extension in connection with the 2008 Southold Town Shellfish Program, in the amount of $18,000 for the term January 1, 2008 through December 31, 2008, all in accordance with the approval of the Town Attorney. / Vote Record-Resolutlon RES-2008-3 03 ® Adopted Yes/Aye NoMey Abstain Absent ^ Adopted as Amended Wiljjam Ruland Voter ~ ^ - ^ ^ ^ Defeated Vincen[Orlando Voter ~ ^ ^ ^ ^ ^ Tabled Wi[hdmwn Albert Kmpskt Jr. Initiator ~ ^ ^ ^ ^ Supervisor's Appt Thomas H. Wickham '. Voter m ^ ^ ^ ^ Taz Receiver's App[ Louisa P. Evans - Seconder -- - D - - ^ -- ^ ^ ^ Rescinded Scott Russell Voter ^ ^ '. ^ m 2008-304 CATEGORY.• Contracts, Lease & Agreements DEPARTMENT.• Community Development Flora & Fauna Inventories RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Aereement with Cornell Cooperative Extension, for flora & fauna inventories, as part of the Management Plans, for properties purchased by the Town of Southold, as part of the Town of Southold's Community Preservation Program, in the amount of $30,000.00, all in accordance with the approval of the Town Attorney. March 25, 2008 Southold Town Board Meeting Minutes Page 18 / VoteRecord-Resolution RE9.2008-3 04 8 Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland doter D ^ ~ ^ ^ ^ Defeated Vincen[Orlando Voter ^ ^ '. ^ ' ^ ^ Tabled Albert Kmpski Jr. Voter ~ ^ ^ ^ ^ Withdrawn Wickham Thomas H Seconder ® ^ ^ ~ ^ ^ Supervisor's App[ . -. - t ouisa P Evans .. initiator -_ 0 ^ ^ ^ ^ Tax Receivers App[ - .... Scott Russell Voter __ ^ ^ _ ^ ^ ^ Rescinded 2008-305 CATEGORY.• DEPARTMENT: Contracts, Lease & Agreements Recreation Hire Spring Recreation Program Instructors RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement with the followin¢ individuals for the spring 2008 recreation programs, all in accordance with the approval of the Town Attorney. Funding for the instructors listed below has been budgeted for in the Recreation Department's 2008 instructor line A7020.4.500.420. Lynda Agrusso (guitar) ................................................................ $30/hour John Crosser (Youth Basketball Program) ............................. $15/hour Kathleen Tergesen (Girls Youth Basketball Program) .............. $15/hour / Vote Rernrd - Resoluton RES-2008-3 05 D Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland Voter D ^ ^ ^ ^ Defeated Vincent Orlando Voter D - ^ ^ '' ^ ^ Tabled Albert Krupski Jr. Voter ~ ^ ^ ^ ^ ^ Withdrawn S i ' A Thomases Wickham Initiator 8 ^ ^ - ^ - ^ uperv sor s ppt T R i r A - - Louisa P. Evans - -Seconder - 0 ^ ^ ^ ax ve pp[ ece s ... ^ Rescinded Scott Russell Voter ^ ^ ^ ~ 2008-306 CATEGORY: Employment -Town DEPARTMENT.• Accounting Hire Diane K Catz As PT Home Health Aide RESOLVED that the Town Board of the Town of Southold hereby aapoints Diane K. Gatz to the position of a Part-time Home Health Aide for the Human Resource Center, effective March 25, 2008 Southold Town Board Meeting Minutes Mazch 26, 2008, at a rate of $12.56 per hour. Page 19 / Vote Recgrd - Resolutlou RES-2008-3 06 m Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland Initiator 8 ^ ' ^ ^ ^ Defeated Vincent Orlando Seconder 8 ^ ^ ^ ^ ^ Tabled i Albert IGupski Jr. Voter 0 ^ ^ ^ ^ W thdrawn ' Tbomas H Wickham Voter ® ^ ^ ^ Supervisor s Appt _. _.. _. ^ Tax Receiver's Appt I-ouisa P Evans Voter 0 ^ ^ ^ ^ Rescinded Scott Russell ', Voter ^ ^ '. ^ 2008-307 CATEGORY: Committee Appointment DEPARTMENT: Human Resource Center Appointment of HRC Staff to NYS Advisory Council on Long Term Care RESOLVED that the Town Board of the Town of Southold hereby grants permission for Jean DeLorme to accept an appointment to the newly established New York State Long Term Care Advisory Council NY Connects. As a stakeholder on the committee Mrs. DeLorme will represent Southold Town in the Council's efforts to restructure long term Gaze services in New York State. The Downstate Advisory Council meetings will beheld quarterly in New York City and all expenses for travel and lodging (if necessary) will be reimbursed by the State Office for Aging. / Vote Rernrd -Resolution RES2008-307 0 Adopted - Yes/Aye No/Nay '. Abstain Absent ^ Adopted as Amended William Ruland Seconder D ^ ' ^ ' ^ ^ Defeated Vincent Orlando Initiator D ^ ^ ^ ^ ^ Tabled Albert Kmpskt Jr Voter D ^ ^ ^ ^ Wtthdmwn Supervisor's App[ Thomas H. Wwkham Voter ~ ^ ^ ^ ^ Tax Receiver's Appt I-ouisa P. Evans Voter ~ ^ ^ ^ ^ Rescinded Scott Russell ', Voter ^ ^ ^ m 2008-309 CATEGORY.• Attend Seminar DEPARTiLIENT: Town Attorney Grants Permission to Assistant Town Attorney Lori M Hulse to Attend the Seminar Entitled "Criminal Law & Procedure Update"At Bridgehampton National Bankln Bridgehampton, New York RESOLVED that the Town Board of the Town of Southold hereby grants permission to March 25, 2008 Southold Town Board Meeting Minutes Page 20 Assistant Town Attorney Lori M. Hulse to attend the Seminar entitled "Criminal Law & Procedure Update" at Bridaehampton National Bank in Bridaehampton, New York, on March 27, 2008. All expenses for registration and travel are to be a charge to the 2008 Town Attorney budget. / Vote Record - Resolutlon RES-2008-3 09 0 Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland Voter ~ 0 ^ ^ ^ ^ ^ Defeated bl d Vincent Orlando Seconder 8 ^ ^ ^ ^ Ta e Withdrnwn Albert Kmpskt Jc Iniha[or D ^ ^ ^ ^ Supervisors App[ Thomases Wtckham Voter ~ ^ ^ ^ ^ Tax Receiver's App[ LOnISa P. Evans '.. Voter ~ ^ '. ^ ^ ^ Rescinded Scott Russell ', Voter ^ ^ ', ^ '. m 2008-310 CATEGORY: DEPARTMENT: Misc. Public Hearing Town Clerk Set Tuesday, Apri18, 1008 At 4:40 P.M., Southold Town Hall, 53095 Main Road, Southold, New York As the Time and Place for a Public Hearing to Consider the Designation of the Vail/Scopaz House on the Town's Register of Historic Landmarks RESOLVED that pursuant to the provisions of Chapter 170 (Landmazk Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday. Apri18, 2008 at 4:40 P.M.. Southold Town Hall. 53095 Main Road. Southold. New York as the time and place for a public hearins to consider the desisnation of the VaiUScopaz house on the town's resister of Historic Landmarks: the house is located at SCTM 1000-63-6-16, 56755 Main Road, Southold, New York . The property owner has requested and the Historic Preservation Commission has recommended the property for inclusion on the town's register / Vote Rernrd -Resolution RES-2008-310 8 Adopted ^ Adopted as Amended Yes/Aye No/Nay ' ' Abstain Absent ^ Defeated William Ruland Voter D ^ ^ ^ ^ Tabled Vincent Orlando Voter ~ ^ ^ ^ ^ Withdrnwn Albert Krupski Jr Vo[et 8 ^ ^ ^ ^ Supervisors Appt Thomas H. Wickham '. Seconder ~ ^ ^ ^ ^ Tax Receivers Appt Louisa P. Evans Initiator 8 ^ ^ ^ ^ Rescinded Scott Russell ', Voter ^ ^ ^ ~ 2008-312 CATEGORY: Employment -Town March 25, 2008 Southold Town Board Meeting Minutes DEPARTMENT: Accounting Appoint Seasonal School Crossing Guard Page 21 RESOLVED that the Town Board of the Town of Southold hereby appoints Deborah A. Doucette to the seasonal position of School Crossing Guard for the Police Department on Fishers Island, effective immediately, at a rate of $34.29 per day. VoSe Rernrd -Resolution RE$-200$-312 0 Adopted Yes/Aye No/Nay Abs[ain Absent ^ Adop[ed as Amended William Ruland Voter 0 ^ ^ ^ ^ Defeated Vincent Orlando Seconder 0 ^ ' ^ ^ ^ Tabled Albert Kmpski Jr. Voter 0 ^ ^ ^ ^ ^ Withdrawn S i ' A Thomas H. Wickham Wtiator 0 ^ ~ ^ ^ ^ uperv sor s pp[ i - Louisa P. Evans ~ - Vo[er - 0 -- ^ ~ - ^ - ^ Tax Rece vers App[ _ __ _ _ ^ Rescinded Scott Russell Vo[er ^ ~ ^ ^ 0 2008-314 CATEGORY: Local Law Public Hearing DEPARTMENT.• Town Attorney PH 4/22/08 At 7: 40Pm a Local Law In Relation to Dog and Cat Care Facilities In the Limited Business Zone WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 25th day of March, 2008 a Local Law entitled "A Local Law in relation to Dog and Cat Care Facilities in the Limited Business Zone" 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 22nd day of April, 2008 at 7:40 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Dog and Cat Care Facilities in the Limited Business Zone" reads as follows: LOCAL LAW NO. 2008 March 25, 2008 Southold Town Boazd Meeting Minutes Page 22 A Local Law entitled, "A Local Law in relation to Doe and Cat Care Facilities in the Limited Business Zone". BE IT ENACTED by the Town Boazd of the Town of Southold as follows: I. Purpose - In order to promote a greater variety of commercial uses in existing real property in the Limited Business zone, the Town Board finds it appropriate to allow for a Dog and Cat Care Facility as a permitted use, provided that all activity is conducted inside the facility, that sanitary conditions comply with all relevant regulations and adequate parking is provided. II. Chapter 280, Zoning, of the Code of the Town of Southold is hereby amended as follows: § 280-4. Definitions. B. INDOOR DOG AND CAT CARE FACILITY - a facility that provides dog and cat caze services including, but not limited to, ogr oming, day caze, overnight care, obedience training, and accessory retail sales of pet products, inside a building. All dogs and cats must be kept inside the building at all times, except for transfer to and from transportation. No outdoor kennels or pens aze permitted at such facility. and all does and cats must be controlled at all times to prevent their escape or trespass onto nei boringpronerties. Animal waste must be disposed of in a manner that will not pollute groundwater or cause odors to leave the premises, and in accordance with the applicable Town, county or state regulations. The building must be insulated to minimize noise, such as dogs barking, that may be heard from nei boring_properties. § 280-40. Purpose. The purpose of the Limited Business (LB) District is to provide an opportunity to accommodate limited business activity along highway comdors, but in areas outside the hamlet central business areas, that is consistent with the rural and historic character of surrounding areas and uses. Emphasis will be placed on review of design features so that existing and future uses will not detract from surrounding uses. The additional uses must generate low amounts of traffic and be designed to protect the residential and rural character of the area. § 280-41. Use regulations. In the LB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following uses are permitted uses. All permitted uses except single-family and owner-occupied two-family residences require site plan approval. Mazch 25, 2008 Southold Town Boazd Meeting Minutes Page 23 (1) Any permitted use as set forth in and regulated by § 280-13A of the Agricultural- Conservation District except wineries, which shall be as set forth in Subsection A(9) below. (2) Retail businesses complementary to the rural and historic character of the surrounding area, limited to the following: (a) Custom workshops and machine shops; (b) Wholesale or retail sale and accessory storage and display of garden materials and plants, including nursery operations, provided that the outdoor storage or display of plants and materials does not obstruct pedestrian flow or vehiculaz traffic and does not occur within three feet of the property line. (c) Libraries or museums. (3) Professional and business offices. (4) Funeral homes. (5) Restaurants, except drive-in restaurants or formula restaurants. (6) Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops, landscaping and other service businesses. (7) Hotels. (8) Retail uses supplemental to the service business establishment. (9) Wineries which meet the following standards: (a) Wineries shall be a farm winery licensed under New York State law from which wine made from primarily Long Island grapes is produced and sold. (b) Wineries shall obtain site plan approval. (c) Wineries shall have retail sales on site. (10) Bed-and-breakfast uses as set forth in and as regulated by §280-13B(14). (11) Private warehousing. (12) Indoor dog and cat care facilities. § 280-78. Off-street parking areas. Type of Use Indoor dog and cat care facilities Required Number of Parking Spaces 1 space per 400 feet of gross floor area III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately after filing with the Secretary of State as provided March 25, 2008 Southold Town Board Meeting Minutes bylaw. Page 24 / Vote Rernrd -Resolution RE&2008-314 8 Adop[ed Yes/Aye No/Nay Abstain Absent ^ Adop[ed as Amended William Ruland '. Seconder ^ ^ ^ ^ ^ Defeated Vincent Orlando Initiator ~ ^ ^ ^ ^ Tabled Albert Krupskt Jr. Vo[er 0 ^ ^ ^ ^ ^ Withdrawn ' Thomas H Wickham Vo[er ® ^ ^ ^ ^ Supervisor s Appt i i-~uisa P Evans _ Vo[er _ _ 0 . ^ ^ ^ Tax Rece vers Appt Scot[ Russell ', Vo[er ^ ^ ^ ' 4 ^ Rescinded , 2008-313 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney Set 4/22/08 7: 25Pm for a Public Hearing Re: a Local Law In Relation to Dormers on Accessory Landmarked Buildings WHEREAS, there has been presented to the Town Boazd of the Town of Southold, Suffolk County, New York, on the 25th day of March, 2008, a Local Law entitled "A Local Law in relation to Dormers on Accessorv Landmarked Buildings" now, therefore, be it RESOLVED that the Town Boazd 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 22nd day of April, 2008 at 7:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled "A Local Law in relation to Dormers on Accessory Landmarked Buildings" reads as follows: LOCAL LAW NO. 2008 A Local Law entitled, "A Local Law in relation to Dormers on Accessory Landmarked Buildings". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose -The purpose of this Local Law is to exempt historic accessory buildings that have received a "Certificate of Appropriateness", pursuant to Chapter 170 of the Town Code, March 25, 2008 Southold Town Board Meeting Minutes Page 25 from the restriction on dormers. Additionally, this Local Law corrects a mis-numbered code section reference in Chapter 280. II. Chapter 280, Zoning, of the Code of the Town of Southold is hereby amended as follows: §280-15. Accessory buildings and structures. In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R- 200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Buildings with a flat or mansard roof shall not exceed 16 feet in height and shall be set back at the minimum required for a sloping roof. B. Buildings with a sloping roof shall be subject to the following height and setback limitations: Lot Size (square feet) Maximum Height (feet) Minimum Setback for Side and/or Rear Yard (feet) Less than 10,000 18 3 Less than 10,000 20 5 Less than 10,000 22 10 10,000 - 19,999 18 5 10,000 - 19,999 20 15 10,000 - 19,999 22 20 20,000 - 39,999 18 10 20,000 - 39,999 20 15 20,000- 39,999 22 20 40,000 - 59,999 22 15 60,000 -79,999 22 20 80,000 and over 22 25 Such buildings shall not exceed 660 squaze feet on lots containing up to 20,000 C. squaze feet and shall not exceed 750 square feet on lots 20,000 square feet to 60,000 squaze feet. On lots over 60,000 square feet, no accessory building shall exceed 3% of the total size of the parcel. D. Dormers are permitted on accessory buildings up to 40% of the roof width. This restriction shall not apply to buildings receiving a certificate of appropriateness from the Town of Southold Historic Preservation Commission pursuant to Chapter 170 of the Town Code. E. Any accessory structure that is not a building shall not exceed 18 feet in height and shall be set back at the minimum required in Subsection B above. F. In the case of a waterfront parcel, accessory buildings and structures maybe located in the front yard, provided that such buildings and structures meet the front-yard principal setback requirements as set forth by this Code, and the side yazd setback requirements for accessory buildings in Subsection B above. III. Chapter 280, Zoning, of the Code of the Town of Southold is hereby amended as follows §280-48. Use regulations. A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1), (12) and (13) hereof, are subject to site plan approval by the Planning Board: (2) Any permitted use set forth in and regulated by §280-91- 45A(3) to (22) of the March 25, 2008 Southold Town Boazd Meeting Minutes IV. V Hamlet Business District, except Subsection A(7) as applicable in the District is herein modified as follows: SEVERABILITY Page 26 Business If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. EFFECTIVE DATE This Local Law shall take effect immediately after filing with the Secretary of State as provided by law. j Yote Record-Ttesotntioe RE3-201M&313 ~ 8 Adop[ed Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended W(j~iam Ruland Initiator ® ~ ^ ~ ^ ^ ^ Defeated Vincent Orlando ~ Seconder ® ^ ~". ^ ~ --...^ ^ Tabled - ~... ~ -... ^ Withdrawn Albert Kmpski Jr. - Voter 0 - ^ - ^ - ^ - ^ Supervisor's App[ Thomas H. Wickham Voter ~ _ 0 _. ^ ^ ~ ^ ^ Tax Receiver's App[ Louisa P. Evans ___ Voter { 0 _ ^ _ ^ ^ ^ Rescinded Scott Russel] Voter ~ ^ ^ ^ 2008-315 CATEGORY: Legislation DEPARTMENT: Town Attorney Authorizes and Directs the Town Clerk [o Forward the Proposed Local Law Entitled, "A Local Law In Relation to Dormers on Accessory Landmarked Buildings ", to the Southold Town Planning Board and the Suffolk County Planning Commission for Comments and Recommendations. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to forward the oroaosed Local Law entitled, "A Local Law in relation to Dormers on Accessory Landmarked Buildings", to the Southold Town Planning Board and the Suffolk Countv Planning Commission for comments and recommendations. ~ Vote Record -Resolution RES-2008-315 D Adopted Yes/A~e No/Nay Abstain Absent ^ Adop[ed as Amended William Ruland Vo[er D ^ ' ^ ^ ^ Defeated ^ Tabled Vincent Orlando Voter D ^ ^ ^ ^ Withdrawn Albert Kmpski Jr. Initia[m D ^ ^ ^ ^ Supervisors App[ Thomases Wickham '.. Seconder D ^ ^ ^ ^ Tax Receivers Appt Louisa P Evans.... Voter D ^ ^ ^ ^ RescindeA Scott Russell Voter ^ ^ ^ m March 25, 2008 Southold Town Board Meeting Minutes 2008-316 CATEGORY: Legislation DEPARTMENT: Town Attorney Page 27 Authorizes and Directs the Town Clerk to Forward the Proposed Local Law Entitled, "A Local Law In Relation to Dog and Cat Care Facilities In the Limited Business Zone, " to the Southold Town Planning Board and the Suffolk County Planning Commission for Comments and Recommendations. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to forward the proposed Local Law entitled. "A Local Law in relation to Doe and Cat Care Facilities in the Limited Business Zone," to the Southold Town Plannine Board and the Suffolk County Plannine Commission for comments and recommendations. Vole Record - Reanlaaan RE5.2008-3 ~ 16 0 Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Roland Voter ® ^ ^ ~~ ^ ^ Defeated Vincent Orlando _. ...Voter _ ® _. ^ ^ - ...._.._ ^ - ^ Tabled - ~ - ~ - ^ Withdrawn Albert Kmpski Jr. Voter ® _ ^ ^ . ^ ^ Supervisor's Appt Thomas H. Wickham - Seconder 0 ~ ^ - ^ - ^ ^ Tax Receiver's Appt I-ouisa P. Evans __ _[ni[iator „ ® ^ _. ^ ^ ^ Rescinded Scott Russell Voter ^ ^ ^ ~ 2008-317 CATEGORY: DEPARTMENT: Colnlnittee Appointment Town Clerk Reappoint Jean LePre, Eleanor Lingo and Carolyn G. Peabody to the Anti-Bias Task Force ,~ RESOLVED that the Town Board of the Town of Southold hereby reappoints Jean LePre, Eleanor Lingo and Carolyn G. Peabody to the Anti-Bias Task Force, effective through March 31, 2011. / Vote Record -Resolution RES-2008-317 D Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Roland Voter . 8 ^ ^ ^ ^ ^ Defeated Tabled Vincent Orlando Voter B ^ ^ '. ^ ^ Withdrawn Albert Rrupskr Jr. Seconder 8 ^ ^ ^ ^ Supervisor's Appt Thomas H Wickham - -- Initiator - D - ^ - ^ ^ ^ Tax Receivers App[ 1-ouisa P. Evans Voter 0 ^ ^ ^ ^ Rescinded Scott Russell '. Vo[cr ^ ^ ', ^ '.. p 2008-318 Mazch 25, 2008 Southold Town Board Meeting Minutes CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Page 28 Reappoint Donald Wilder and Charles D. Hardy to the Conservation Advisory Council and Appoint Scott Worth to a Student Position RESOLVED that the Town Board of the Town of Southold hereby reappoints Donald Wilder and Charles D. Hardy to the Conservation Advisory Council, effective through Mazch 31, 2011 and appoint Scott Worth to a Student Position on the Conservation Advisory Council, effective through March 31, 2011. / Vote Record -Resolution RES 2008-318 ® Adopted yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland Initiator ® ^ ^ ~ ^ ^ Defeated Vincent Orlando Seconder ® ^ ^ ~ ^ ^ Tabled ~ ^ Withdrawn Albers Kmpski Jr Voter ® ^ - ^ ^ ^ Supervisor's App[ Thomas H Wickham Voter ~ 0 ^ _ ^ ~ _ ^ ^ Taz Receiver's Appt Louisa P. Evans Voter __ ® ^ ~ ^ ~ ^ ^ Rescinded Scott Russell ~ Voter ^ ^ ^ 2008-319 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Reappoint Elbert M. Burr, Jr., Marguerite Purnell and Mike Posey to the Fishers Island Harbor Committee RESOLVED that the Town Board of the Town of Southold hereby reappoints Elbert M. Burr, Jr., Marguerite Purnell and Mike Posey to the Fishers Island Harbor Committee, effective through March 31, 2013. ~ Vote Record -Resolution RES-2008-319 0 Adopted yes/Aye No/Nay ' Abstain Absent ^ Adapted as Amended William Ruland -Voter 0 ^ ^ ^ ^ Defeated Vincent Orlando Initiator 8 ^ ^ ^ ^ Tabled ^ Withdmwn Albert Kmpski Jr. Voter ~ ^ ^ ' ^ ^ Supervisor's App[ Thomas H. Wickham ' Voter D ^ ^ ^ ^ Tax Receiver's App[ Louisa P Evans - Seconder D ^ ' ^ ^ ^ Rescinded Scott Russell '. Voter ^ ^ ^ 0 2008-320 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk March 25, 2008 Southold Town Board Meeting Minutes Reappoint Ronald R. Rossi and James Grathwohl to the Historic Preservation Commission Page 29 RESOLVED that the Town Board of the Town of Southold hereby reappoints Ronald R. Rossi and James Grathwohl to the Historic Preservation Commission, effective through March 31, 2012. Vote Record -Resolution RES-2008-320 ~ Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland Voter ~ ^ ^ ^ ^ Defeated Vincent Orlando Seconder 0 ^ ^ ^ ^ Tabled Albert Krupskt Jr. Initiator ~ ^ ^ ^ ^ Wi[hdmwn Thomas H Wickham Voter 0 ^ ^ ^ ^ Supervisor's Appt --- 1 ouisa P Evans ~ Voter 0 ~, ^ ^ ^ ^ Taz Receivet's Appt - . __ Scott Russell ~ Voter ^ __ ^ ^ _ 0 ^ Rescinded 2008-321 CATEGORY.• Comrittee Appointment DEPARTMENT: Town Clerk Reappoint Jennifer Gould, Donald Leslie Jr., and Margaret Minichini to the Housing Advisory Commission RESOLVED that the Town Board of the Town of Southold hereby reappoints Jennifer Gould, Donald Leslie Jr., and Margaret Minichini to the Housing Advisory Commission, effective through March 31, 2011. ~ Vote Record -Resolution RES-2008421 0 Adopted yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland '. Voter 0 ^ ^ ^ ^ Defeated Vincent Orlando Voter 8 ^ ^ ^ ^ Tabled Albert Krupslu Jr. ' Voter 0 ^ ^ ^ ^ ^ Withdrawn i ' A Thomases Wrckbam Seconder 0 ^ ^ ^ ^ Superv sor pp[ s ' _. Louisa P. Evans Initiator - 0 _._ ^ ^ ^ Tax Receiver s Appt Scott Russell Voter ^ ^ ^ ~ 0 ^ Rescinded 2008-322 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Reappoint Lorne Brousseau, Robert Ghosio, Jill Doherty, James King, Tames McMahon, James Richter and Peter Harris to [he Storm Water Runoff Commtttee March 25, 2008 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby reappoints Lorne Page 30 Brousseau, Robert Ghosio, Jill Doherty, James Kine, James McMahon, James Richter and Peter Harris to the Storm Water Runoff Committee, effective through March 31, 2009. /Vote Record-Resoluton RES2008-322 ~ Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland '. Voter ^ ^ ^ ^ ^ Defeated Vincent Orlando '. Voter ~ ^ ^ ^ ^ Tabled Albert Kmpskr Jr. Voter D ^ ^ ^ ^ Withdrawn Wickham Thomas H Initiator ~ ^ ^ ^ ^ Supervisor's App[ . - Louisa P Evans - - Seconder - ~ ^ -- ^ - ^ ^ Tax Receivers App[ . Scott Russell Voter ^ ^ ^ ~ ^ Rescinded 2008-323 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Reappoint Margaret Brown and Frank Field to the Transportation Commission RESOLVED that the Town Board of the Town of Southold hereby reappoints Margaret Brown and Frank Field to the Transportation Commission, effective through March 31, 2011. / Vote Rernrd -Resolution RES-2008-323 ~ Adopted yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland '. Initiator ^ ~ ^ ^ ^ ^ Defeated Vincent Orlando Seconder ~ ^ ~ ' ^ ^ ^ Tabled Alben Krupski Jr. Voter ~ ^ ^ ^ ^ Withdrawn Thomases Wickbam Voter D ^ ^ ^ ^ Supervisors Appt - - - - ^ Tax Receiver's App[ I-ouisa P Evans Voter 0 ^ ^ ^ ^ Rescinded Scott Russell ', Voter ^ ^ ^ ~ 2008-324 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Reappoint Ann Trimble and Derek Bossen to the Tree Committee RESOLVED that the Town Board of the Town of Southold hereby reappoints Ann Trimble and Derek Bossen to the Tree Committee, effective through March 31, 2011. Mazch 25, 2008 Southold Town Board Meeting Minutes Page 31 ~Yote:Record-Resolution RES-2008-324 ~ Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland Voter ® ^ ^ ^ ^ Defeated Vincen[Orlando Initiator 8 ^ ' ^ ^ ^ Tabled Albert Kmpski Jr. Voter 0 ^ ^ ^ ^ Withdrawn Thomas H Wickham Voter ^ ^ ^ ^ ^ Supervisor's Appt . Louisa P Evans Seconder ~ ^ ^ ^ ^ Tax Receivers Appt . Scott Russell Voter ^ ^ ^ ~ 0 ^ Rescinded 2008-325 CATEGORY: Advertise DEPARTMENT: Town Clerk Advertise for Resumes for Various Committees/Boards/Commissions RESOLVED the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for the followin¢ committees/boards/commissions: Agricultural Advisory Committee Anti-Bias Task Force Architectural Review Committee Board of Ethics Land Preservation Committee Pazks, Beaches and Recreation Committee Stotrnwater Runoff Committee ~/ Vote Record -Resolution RES-2008-325 D Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland '. Voter D ^ ^ ^ ^ Defeated Vincent Orlando Seconder 8 ^ ' ^ ^ ^ Tabled Albert Krupskr h. initiator ® ^ ^ ^ ^ Withdrawn Thomas H Wickham Voter 0 ^ ^ ^ ^ Supervisors Appt ' Louisa P Evans Voter D ^ ^ ^ ^ Tax Receiver s Appt . - Scott Russell Voter ' - ^ ^ '. ^ ~ ^ Rescinded , 2008-326 CATEGORY: Seqra DEPARTMENT: Town Attorney Accepts the Proposal of L.K. McLean Associates, P.C. Dated March 3, 2008 RESOLVED that the Town Board of the Town of Southold hereby accents the Proposal of L.K. McLean Associates, P.C. dated March 3, 2008, relating to the prepazation of bid documents for the removal of abandoned moorings in Town waters. March 25, 2008 Southold Town Board Meeting Minutes Page 32 Vote Record'-Resolution RES-2008426 ^ Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Ruland Voter D ^ ' ^ ^ D Defeated Vincent Orlando Voter D ^ ^ ^ ^ Tabled Albert IGupskt Jr. Voter ^ D ^ ^ ^ Wi[hdmwn Thomas H Wickham Seconder D ^ ^ ^ ^ Supervisor's App[ . I ouisa P EvaaS W[iator ^ 0 - ^ ^ ^ Tax Receiver's Appt - Scott Russell Voter _ ^ ^ _ ^ ~ ^ ^ Rescinded 2008-327 CATEGORY: Litigation DEPARTMENT.• Town Attorney Authorizes and Directs the Town Attorney's Office to Commence an Action In Supreme Court, Suffolk County, Against Cheng Kai Yu RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Attorney's Office to commence an action in Supreme Court, Suffolk County, a¢ainst Cheng Kai Yu to direct Mr. Yu to remove the stairs, pallets and stones that are on the bluff and beach. f Vbtekecord=HesolutiortRES-2008.32? 8 Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended Wipam Ruland Voter ~ ^ ^ ^ ^ Defeated Vincent Orlando .Voter D ^ ^ ^ ^ Tabled Albert Krupski Jr. Voter D ^ ^ ^ ^ Withdrawn Thomas H Wmkham Initiator m ^ ^ ^ ^ ^ Supervisors Appt T R i ' A - -- Louisa P Evans -- Seconder - ~ - ^ - ^ - ^ ax ece ver s ppt _ _ ^ Rescinded Scott Russell Voter ^ ^ ^ D 2008-328 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Expresses Support for the Draft Grant Proposal to be Submitted by the Group for the East End to the County of Suffolkfor the Bay to Sound Stewardship Initiative RESOLVED that the Town Board of the Town of Southold expresses support for the draft grant proposal to be submitted by the Group for the East End to the County of Suffolk for the Bay to Sound Stewardship Initiative, in proposed cooperation with the Village of Greenport and the County of Suffolk for natural resources inventories mapping and cleanup, and public access initiatives. March 25, 2008 Southold Town Board Meeting Minutes Page 33 /Vote Record=ResolutlonRES-2008-328 ~ Adopted Yes/Aye No/Nay ~ Abstain Absen( ^ Adopted as Amended William Ruland Initiator ^ ^ ^ ^ ^ Defeated Vincent Orlando Voter D ^ ^ ^ ^ Tabled Albert Kmpskr Jr. Voter D ^ ^ ^ ^ Wttlydrawn Wickham Thomas H Seconder 8 ^ ^ ^ ^ Supervisor's App[ . Louisa P Evans Voter 0 ^ ^ ~ ^ ^ Tax Receiver's App[ . _.. - Scott Russell _... Voter _. ^ _._ ^ ^ 4 ^ Rescinded 2008-329 CATEGORY: Legal DEPARTMENT: Town Attorney Authorizing Comprise and Settlement of Tax Certiorari Proceedings Against Town of Southold WHEREAS, tax certiorari proceedings were commenced against the Town of Southold by certain petitioners seeking reductions in the assessment for certain properties for various tax years as more fully set forth in the schedule on file with this resolution in the Town Clerk's records; and WHEREAS, Scott DeSimone PLLC, Special Counsel for the Town has recommended settlement of these proceedings as set forth in the schedule; and WHEREAS, the proposed settlements implementing reductions in assessment appear to be just, reasonable, and in the best interests of the Town of Southold; NOW THEREFORE BE IT RESOLVED, the Town Board hereby authorizes Special Counsel for the Town to procure any papers necessary to effectuate such settlements and execute the same; and be it further RESOLVED, the Town Clerk be and is hereby directed to forward a copy of this resolution and schedule to the Board of Assessors, the Town Attorney and Scott DeSimone PLLC, Special Counsel. ~ Vote Record -Resolution RES-2008329 D Adopted Yes/Aye No/Nay Abstain Absent ^ Adopted as Amended William Rulmid Voter ^ ^ ^ '. ^ ^ Defeated Vincent Orlando '. Initiator D ^ ^ ^ ^ Tabled Albert Kmpski Jr. Voter D ^ ^ ^ ^ Wi[hdtawn Thomas H Wickham Seconder ^ ^ ^ ^ ^ Supervisors Appt . ouisa P Evans i Voter 0 ^ ^ ^ ^ Tax Receivers App[ . - ^ Rescinded Scott Russell '. Voter ^ ^ ^ ', 4 March 25, 2008 Page 34 Southold Town Board Meeting Minutes 2008-330 CATEGORY: Support Resolution DEPARTMENT: Town Attorney Receivers of Taxes WHEREAS, the State of New York determines the manner in which municipal government is structured and officials are selected, having vested in the citizens of Suffolk County's towns the power to elect Receivers of Taxes; and WHEREAS, Receivers of Taxes coordinate functions in a manner that currently provides for economies of scale while simultaneously providing an independent, effective and responsive structure that guarantees public confidence in the annual warrant of more than $4.5 billion in property taxes on almost 600,000 discrete parcels; and WHEREAS, in addition to accuracy of tax warrants upon which taxes are billed, Receivers of Taxes are liable for the sums held in their care and for timely disbursement to the various county, town, village, school district and special district service providers; and WHEREAS, elective office is the best way to guarantee the independence of officials with such authority and the Town -and not the County - is the most efficient level to collect, reconcile and distribute property taxes among municipal entities within a region of Suffolk's size and complexity; and WHEREAS, the Town Board is opposed to both the elimination of the right to elect Receivers of Taxes and attempts to transfer the function of the Receiver from the Town to the County; and WHEREAS, supporting this proposed Act is an action as defined by 6 NYCRR §617.2(b), and therefore no further SEQRA review is required. NOW, THEREFORE, BE IT March 25, 2008 Southold Town Board Meeting Minutes Page 35 RESOLVED, that the Town Boazd of the Town of Southold hereby urges the Suffolk County delegation to the New York State Senate and New York State Assembly to reiect arovisions in the 2008 New York State Executive Budget (5.6806/A.9806, Part T) that would terminate the right of the Towns' citizens to elect their Receiver of Taxes or allow transfer of the Receiver function to the Countv, or alternatively, for the Towns' citizens to make such decisions for themselves; and be it further RESOLVED, that the Town Board of the Town of Southold hereby directs the Town Clerk to forward certified conies of this resolution to Governor David Paterson and the Suffolk Countv delegations to the New York State Senate and the New York State Assembly. ~/ VotsRewrd-Rnolntion RES-2008-330 m Adopted ^ Adopted as Amended Yea/Aye ~ NoMay Abstain ~ Absent ~ ~ ^ D f d William Ruland . _.. Seconder ® ^ ^ ^ ^ e eate Vincent Orlando Voter __ 0 ~ _. ^ ~ .... ^ ^ ^ Tabled Withdrawn Alben Ksupski Jr. hutiator ® _ ^ ~ ~ ^ _ ^ _ ^ Supervisors Appt Thomas H. Wickham Voter ~ ® ^ ~ ^ ^ ^ Tax Receivers App[ LouisaP Evans - Voter - ® ^ ~ ^ ^ ^ Rescinded Scott Russell Voter ^ '. ^ ^ 2008-331 CATEGORY.• Support Resolution DEPARTMENT.• Town Clerk Receivers of Taxes WHEREAS, the State of New York determines the manner in which municipal government is structured and officials aze selected, having vested in the citizens of Suffolk County's towns the power to elect Receivers of Taxes; and WHEREAS, Receivers of Taxes coordinate functions in a manner that currently provides for economies of scale while simultaneously providing an independent, effective and responsive structure that guarantees public confidence in the annual warrant of more than $4.5 billion in property taxes on almost 600,000 discrete parcels; and WHEREAS, in addition to accuracy of tax warrants upon which taxes are billed, Receivers of March 25, 2008 Page 36 Southold Town Board Meeting Minutes Taxes are liable for the sums held in their care and for timely disbursement to the various county, town, village, school district and special district service providers; and WHEREAS, elective office is the best way to guarantee the independence of officials with such authority and the Town -and not the County - is the most efficient level to collect, reconcile and distribute property taxes among municipal entities within a region of Suffolk's size and complexity; and WHEREAS, the Town Board is opposed to both the elimination of the right to elect Receivers of Taxes and attempts to transfer the function of the Receiver from the Town to the County; and WHEREAS, supporting this proposed Act is an action as defined by 6 NYCRR §617.2(b), and therefore no further SEQRA review is required. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Southold hereby urges the Suffolk County delectation to the New York State Senate and New York State Assembly to reject provisions in the 2008 New York State Executive Budctet (5.6806/A.9806, Part T) that would terminate the right of the Towns' citizens to elect their Receiver of Taxes or allow transfer of the Receiver function to the County, or alternatively, for the Towns' citizens to make such decisions for themselves; and be it further RESOLVED, that the Town Board of the Town of Southold hereby directs the Town Clerk to forward certified copies of this resolution to Governor David Paterson and the Suffolk County delectations to the New York State Senate and the New York State Assembly. March 25, 2008 Southold Town Boazd Meeting Minutes Page 37 < Vote Record -Resolution RES-200&-331 8 Adopted ^ Adopted as Amended Yes/Aye No/Nay ' Abstain Absent ^ Defeated William Ruland '. Voter D ^ ^ ^ ^ Tabled Vincent Orlando Voter D ^ ^ ^ ^ Withdrawn Albert ICtvpski Jr. Initiator ~ ^ ^ ^ ^ Supervisor's Appt Thomas H Wickham Seconder ~ ^ ^ '.. ^ ^ Tax Receiver's App[ t-ouisa P Evans _.. Voter _,,,,,, ® _. ^ ^ _„ ^ - ^ Rescinded Scott Russell Voter ^ ^ ^ ~ 2008-333 CATEGORY: Support Resolution DEPARTMENT: Town Clerk Receiver of Taxes RESOLVED that the Town Board of the Town of Southold hereby urges the Suffolk County delel=_ation to the New York State Senate and New York State Assembly to reject arovisions in the 2008 New York State Executive Budget (5.680/A.9806.Part Il that would terminate the ri¢ht of the Town's citizens to elect their Receiver of Taxes or allow transfer of the Receiver function to the county, or alternatively, for the Towns' citizens to make such decisions for themselves: and be it further RESOLVED, that the Town Board of the Town of Southold hereby directs the Town Clerk to forward certified conies of this resolution to Governor David Paterson and the Suffolk County dele¢ations to the New York Senate. New York State Assembly the Senate Majority Leader and the Sneaker of the Assembly. 'Vote Record-ResolotionRES20A8-333 ^ Adopted 0 Adopted as Amended Yes/Aye No/Nay .Abstain Absent ^ Defeated William Ruland Voter 0 ^ ^ ^ ^ Tabled Vincent Orlando Voter ~ ^ ^ ^ ^ Withdrwn Albert Krupskt Jr Initiator ~ ^ ^ ^ ^ Supervisor's Appt Thomas H. Wickham - Seconder D . ^ . ^ - ^ ^ Tax Receiver's App[ Louisa P Evans. '. Voter D ^ ^ ^ ^ Rescinded Scott Russell ', Voter ^ ^ ^ p 2008-334 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Mod -Abandoned Mooring Proposal March 25, 2008 Page 38 Southold Town Board Meeting Minutes Fiscallmpact Trustee Bergen reports on a charge that the Town Board gave him last year concerning the removal of abandoned moorings in Town Creeks. No money was budgeted because it was believed the project would pay for itself through contractors pulling up the moorings to salvage materials. It was not the case and it is to d~cult to determine how many moorings must be removed and their condition in order to advertise for bids. J Richter is unable to handle the RFP for removal of abandoned moorings in RESOLVED that the Town Board of the Town of Southold hereby modifies the 2008 General Fund Whole Town budget as follows: From• A.1990.4.100.100 Contingent, C.E. Unallocated Contingencies $1870.00 To: A.8090.4.500.400 Trustees, C.E. Consultants -Prepare RFP Abandoned Moorings $1870.00 ~/. Vote Record - Resolndon 1tE~2448 334.: ._ .... , , ^ Adopted ^ Adopted as Amended Yes/Aye ~ NoINay Abstain Absent ^ Defeated William Ruland _ ,Voter 0 .. ^ ^ ^ D Tabled Vincent Orlando Seconder ® ^ ^ ^ ^ Withdrawn Albert Krupski Jr. -Voter 8 ^ ^ ^ ^ Supervisor's Appt Thomas H. Wickham Voter D ^ ^ ^ ^ Tax Receiver's Appt Louisa P. Evans Initiator D ^ ^ ^ ^ Rescinded Scott Russell Voter ^ '. ^ '. ^ ' ~ Nez[: A r 22 2009 7:30 PM Closing Statements Councilman Krupslci COUNCILMAN KRUPSKL• Okay, that concludes the regular meeting. And now are there any comments about any item relating to the Town agenda or otherwise? Nancy Swastynowich, Cutchogue NANCY SAWASTYNOWICZ: Good evening, I am Nancy Sawastynowicz, president of SaveCutchogue.com. The morning after I read the open space section of the draft environmental impact statement for the Heritage at Cutchogue, I woke up thinking I had a nightmare. I thought I dreamed that the DEIS said, the proposed new community would provide open space for itself but would not provide any open space for our community but would use the open space of our community. I had to read the DEIS to believe it. Here is what it said, `Section 1.3.2 Open Space; Open space will be provided for residents in the form of landscaped common areas and March 25, 2008 Page 39 Southold Town Boazd Meeting Minutes the network of ponds located throughout the central portion of the site. Additional amenities will include an indoor and outdoor pool, the community center and tennis court. Open space will provided only for the residents of the community and their guests as the community will be gated with private access. Additional areas of open space exist via a nearby park, located immediately to the east of the subject pazcel which provides additional open space and recreational opportunities for the residents.' Apparently the developers consultant thinks that the cemetery on Depot Lane is a park or is he talking about the trailer park? The Village Green is not located to the east but is the only pazk that I know of in the Cutchogue hamlet center. I checked the reviews prepared for Southold Town Planning Board to determine whether to accept the scope and the contents of the first draft environmental impact statement for the Heritage at Cutchogue planned adult active community as adequate for purpose of commencing public review. The consultants review did not include any comment on section 1.3.6, open space. By reviewing section 1.3.1, 1.3.2, 1.3.3. 1.3.4 and 1.3.5 and skipping section 1.3.6 the consultant DEIS review essentially approves of the outrageous plans of the developer. At the meeting when the Southold Town Planning Board decided the first DEIS was incomplete and inadequate, there was no discussion by the members of the Planning Board and the Planning Board refused to allow any public comment. My comment is, that the Town Board should change the hamlet density HD zoning so that it is consistent with the principals of hamlet studies preserving farmland outside of and limiting high density too, inside of the hamlet centers. Does the Town Board know that the farmland on which the Heritage at Cutchogue development is proposed is for sale? In the DEIS section 5.1 on page 54 it states, `alternative number one, no action-public acquisition.' It should be noted that the applicant is amenable to having the property acquired as long as the public agency is willing to purchase the property at fair market price. Is Southold Town Land Preservation Department reviewing the developers offer? Did you know that both the farm, which would be paved over, and the farm to the east on Depot Lane aze on Community Preservation fund list? This farmland might be a good place for the new town center, including a new Town Hall, a new Highway Department, a new Police Deparhnent; depending on the results of today's voting, even a new Cutchogue Fire Department might be interesting. My comment is, that this alternative of public acquisition and the issues of our community's open space are both good examples of why you, the Town Board, should not be waiting to see what happens before the Planning Board which should be directly and actively reviewing the Heritage at Cutchogue application. Thank you. COUNCILMAN KRUPSKI: Thank you. Does the, the first item you mentioned about the open space? The Planning Board, they must have your comments in that though, because maybe that consultant overlooked the review, when they reviewed the draft environmental impact statement, maybe they overlooked that. MS. SAWASTYNOWICZ: Okay. And isn't it ironic that plastic lined ponds are open space? Thank you. Councilman I{rupski COUNCILMAN KRUPSKL• Thank you. Would anyone else like to comment? Benja Schwartz, Cutchogue March 25, 2008 Page 40 Southold Town Board Meeting Minutes BENJA SCHWARTZ: Benja Schwartz, Cutchogue. I would just like to add a little bit to what Nancy was talking about. I have some things directly to the Town Board but I just, I had a conversation with Jeri Woodhouse, the Chairwoman of the Planning Board, in which I asked her about the parks and recreation, reservation of parkland, parks and recreation fees whatever, and she assured me it was all being taken care of. I don't know. So I looked up the law on my way here today and it doesn't appeaz to me that it is being taken care of. It appears that it is not. The law here says that what I am talking about, are you familiar with the requirement that a subdivision of that size is supposed to give back a little bit to the community, since it is going to be using the facilities of the community, specifically I believe it is 5%, which 5% of the 46 and change acres would be about 2 and a third acre. So, if the Town were to, the Town would not have to pay for the 2 and a third acre, the Town could just require that as part of the approval process. It seems to me that that would be a pretty nice little thing to have in Cutchogue, it could bring, if they aze going to build the proposed Heritage at Cutchogue, that could bring the proposed community together with the existing community in the hamlet center. A 2.3 acre something. The statute section 240-53 from the Southold town code says that the Planning Board shall first make a preliminazy determination that such land reservation will be required and shall refer the proposal to the Town Boazd, the Land Preservation Committee and Public Works Deparhnent for input on the matter. Said referral shall occur as early as possible in the subdivision review process prior to the public hearing on the preliminazy plat application. A referral is not necessary where the Planning Boazd makes a preliminary determination it will not require the reservation of land. Well, I was assured that is not the case but I am concerned that this has not been incorporated into the process so faz and I think that is one of the things the Town Board might like to look at in relation to some of what Nancy was saying. I have something here that has nothing to do with the Heritage. The Cross Sound ferry is coming back and asking the Town to allow them to park on residentially zoned property out, now you all know that I am not adverse to changing zoning but in this case, I think that you know, you just have to look at the way that the proposal has been presented. From what I have heazd, they are saying if you let us park out there, then we will put in some kind of a light and we will stagger the traffic. Well, you know what? Put in a light, stagger the traffic first and then talk to me about maybe doing some parking there. okay? That is my position on that. I don't know what yours is, I don't know if you have taken a position but I hope that you would not support any concessions to a company who has shown no, nothing to the (inaudible). Now I have been doing a lot of thinking about why I keep coming back to talk to you because you know, I was told by some of the members here that maybe I should just be at the Planning Board and be happy over there. COUNCILMAN WICKHAM: This is about the Heritage again? MR. SCHWARTZ: Yes, back on the Heritage. Thank you. And I, you luiow, I don't enjoy coming here... COUNCILMAN WICKHAM: We enjoy having you. MR. SCHWARTZ: Thank you. but I do enjoy figuring out things and trying to assist you to do March 25, 2008 Southold Town Board Meeting Minutes Page 41 the right thing. I think that is what you want to do. So I just after thinking about this thing and reading and reseazching, I have come up with two very brief statements that I think describe my position. The Planning Board is reviewing the application, proposed Heritage at Cutchogue application for condominium development, for consistency with the land use regulations. Zoning, site planning, the regulations, the laws. But it is the role of the Town Board to concurrently review that same application for consistency with the land use planning whether it be the comprehensive plan or any one of these other plans in the positive declazation that required the SEQRA process to proceed to an environmental impact statement process, the positive declaration by the Planning Department lists 22, sorry you have to go home now, they list 22 different, I think it is 22, it is A through X. How many letters in the alphabet? I forget. 26, okay, so they have 24 different plans that we are asking this developer to follow, so you know, it would be pretty hazd for me to figure out what the Town wants if I had to spend six months going through a stack of documents that probably is you know, three feet high. In the DIS review, the consultant clarifies the number of plans that would have to be reviewed. He eliminated three or four but then he added three or four more, so he has got about the same number of plans but that goes to our need for a comprehensive plan. One other comment about the consultants review of the DEIS, not only didn't he mention the open space provisions in the DEIS and what was the other one? He didn't mention the, he also didn't mention the fact that in the DEIS they have an appendix with a lot of different documents but the first document there is a document that I don't even know if it was ever finished but the Planning Board had hired a consultant to do an environmental assessment of the property in the early stages of maybe 2003 probably before most of this Town Board was seated, I am not sure, but the consultants review was so poorly done that the Planning Board rejected it. Never adopted it, never accepted it. But here it is popping up in the DEIS and there is no mention that I could find that that was not a document that that was official. It says on it that it was prepared for the Southold Town Planning Board. Oh, among other things in that document, there is a review of the zoning. This is the document that was not accepted by the Planning Board, I was reading a review of the zoning and I am sorry he is not here but I am sure he will be watching this or be reading about this meeting at one point but this review of the zoning that is in this document that wasn't accepted was like deja vu to the review of the zoning that Supervisor Russell presented to us at one of the earlier meetings. So I don't understand why he is apparently still following this consultants advice that was rejected by the Planning Board but it appears that it still is being followed by the Town Board at least one of the members of the Town Board. Now this was in the paper in 1984, a nice little cartoon about the proposed development and it shows the proposed development up here and then it has other developments and little, this is what, this Heritage is not just another subdivision or site plan or house, this is a development that would add approximately 10 percent to the residential capacity of the Cutchogue hamlet. This development could change the face of Southold Town forever. I don't think that the Town Board can just sit back and wait and see what happens. I have decided that that is the motto of Southold Town. You know, New York City, where I was born says `we love New York' well, Southold Town says let's wait and see what happens, you know? Well, a friend of mine, I mentioned to them the other day, they said, well, we have an expression. When the going gets tough, the sisters get going and make it happen for themselves. That is what I would like to see this Town doing. Making it happen. Not waiting and see when we can see what is going to happen if we do nothing. It is not hard to see. And I am not at all against development, in fact, I March 25, 2008 Page 42 Southold Town Board Meeting Minutes have some ideas I am very excited about how that property could be developed with perhaps uses that were more lucrative for the developer. But nobody has asked me so you know, I didn't get to that yet. I have nothing against profit but profiteering and destructive development should not be permitted. Currently the position that I have heard from almost everybody on the Town Boazd is let's pass the buck over to the Planning Board. Well, the Planning Board is only going to review the plans, they don't make the plans. They do the zoning, planning comes before zoning. If we have inadequate planning, then following our zoning is not going to get us where we should be going. You know what? The first time I came here to talk about the Heritage last summer, I mentioned that this was like a, clearly the question of how much development is too much? Now we know. This is too much. So pardon me if I get a little poetic here, I have written, `like a rose dying in the vineyards, you know how they plant roses in the vineyards and if the rose gets sick, then they try to figure out what is wrong before the vines get sick, the roses are very sensitive. Like the rose dying in the vineyards, the Heritage at Cutchogue proposal is symbolic of an environmental sickness in Southold Town's governments. Like a ticking time bomb, the Planning Board is proceeding with reviewing this application. If the Town Boazd continues to sit idle and not to do anything, the application will be approved and after it is approved, nothing will happen that day. But the next day or the next, the bulldozers will start their engines and they won't stop until they have changed the face of Cutchogue, for our lifetimes at least. Not in a positive way. In closing I have written a poem for you and I don't want to get too far into, I don't like the fact that you guys are called the Town Board, I think you should, you know, town always reminds me of the city so I think, I would like to refer to and you are not, don't usually get referred to as Board members, you are council members. Says right there on your nameplates there. You aze council members. So I called you the country councilmen. To our country council, natures balance it does harm building condo's on a farm. Covered truth with lies, those are my gripes. Pumping water through long pipes. One hundred and thirty households without a care, Town Board saying, you have to build somewhere. Not one footprint on the beach, sand waves smiling a lesson to teach. Bing, bang, boom, seal Cutchogue in a tomb. Thank you very much. COUNCILMAN ORLANDO: You missed your calling. MR. SCHWARTZ: What? Oh, yeah. Yeah. Well, you know. COUNCILMAN KRUPSKI: He said we will wait and see. MR. SCHWARTZ: Does anybody have any questions? COUNCILMAN KRUPSKL No but thank you. Sir? Victor N, East Marion VIC (INAUDIBLE): Vic (inaudible) on Gillette Drive in East Marion. I have a couple of questions about this morning's meeting when you spoke about the speed limit on the causeway and was the speed limit of the rest of the area discussed, like in East Marion? COUNCILMAN KRUPSKL: No, it wasn't. Not at all. In fact, we didn't, we never... March 25, 2008 Page 43 Southold Town Board Meeting Minutes JUSTICE EVANS: We got some correspondence about a request to change the speed limit on the causeway right there (inaudible)... COUNCILMAN KRUPSKI: 50 miles an hour. We never had the discussion though. And I don't know, I will ask our Town Attorney if we are going to have that. COUNCILMAN WICKHAM: The Town has tried, asked to have the speed limit adjusted there several times but the DOT has never responded to make a change. VIC: If the Town Board requests the state to look at the speed limit of the causeway, we have got (inaudible) the beach there, we also have going through the hamlet and extending on both sides of the hamlet, the speed limit is 40 mph and now with the parking on the street there, it is almost as congested as when you go through parts of Mattituck where the speed limit is down to 30 mph, so we would like to, if we have a traffic study going on in the Town that possibly could take a look at the traffic through East Marion. COUNCILMAN KRUPSKI: No but we have a Transportation Committee. COUNCILMAN WICKHAM: The Transportation Commission has looked at that stretch and at a recent meeting, I remember the comment was because someone had written in to the Town saying, as you have spoken, saying couldn't we do something about the speed there and the comment was that we tried several times with the DOT, who rules Route 25, has never wanted to make that change. Now, we could try again... VIC: That is what I am asking. COUNCILMAN WICKHAM: Okay. VIC: Please do try again and not only reduce the speed limit on the causeway but look at the speed limit through the hamlet of East Marion and I think if we have to get a hold of our Senators and Assemblymen, put some pressure on the State Department of Transportation to act on your request. COUNCILMAN WICKHAM: We will put it on the agenda. VIC: Thank you very much. COUNCILMAN KRUPSKL• Thank you. Does anyone else have a comment? Yes, sir. Dan DEAN SAMBACH: Hi, Dean Sambach. Still in East Marion. I just want to know about moratorium. I am sorry Scott isn't here but I have seen that Westhampton had a moratorium... COUNCILMAN KRUPSKI: On what? Mazch 25, 2008 Page 44 Southold Town Boazd Meeting Minutes MR. SAMBACH: To save where the bowling alley was because they didn't want a CVS, so they had a moratorium. It is still a bowling alley. And I see Greenport wants to do a moratorium and how come we can't? What is the difference? COUNCILMAN WICKHAM: Are you talking about in terms of the East Marion development there on the bay? MR. SAMBACH: No, no. Westhampton. I am just saying more specific maybe to Cutchogue there, where they talk about the land that was, how it was changed, the farm. I wish Scott Russell was here to (inaudible) can anybody, is there any difference between what Westhampton is doing that we didn't do or do? COUNCILMAN WICKHAM: A moratorium is normally taken up by a Town or a Village in anticipation of changing the code somehow. So while you aze making those changes, that takes quite a while to make those changes and vet them and get the response from the different people, you don't want an application to move through the process according to the old rules. That is what a moratorium is for. If you are not proposing a change in the zoning or proposing a change in our master plan or comprehensive plan, there really is no basis for a moratorium. At this stage, so far as I know, there is not support on the Board to make a major change in the zoning or in the Master plan for Cutchogue. Maybe there should be but there isn't. MR. SAMBACH: That is what I was just going to say. COUNCILMAN WICKHAM: And consequently, there really isn't a basis for a moratorium. MR. SAMBACH: And I would like to thank, I was reading in the paper about the 14.9 acres in Cutchogue that was saved and the 45 acres, Corey Creek, I want to say thank you. I don't know who has any part of it but thank you. COUNCILMAN KRUPSKL That is our Land Preservation Committee, they have been very active. MR. SAMBACH: Yes, a very good start. And I guess I have one for the lawyer over here. What is going on in East Hampton, where they used Community Preservation Funds to (inaudible) ASSISTANT TOWN ATTORNEY CORCORAN: I only know what I read in the paper. MR. SAMBACH: Is there any where, you know, you work with Suffolk where they don't get that money anymore and possibly Southold could because they are abusing that. ASSISTANT TOWN ATTORNEY CORCORAN: Well, I think what, (inaudible) on what might happen because I don't know what truly what happened there but I suspect that if there was misuse of funds, they would be required to pay it back to their fund. Certainly they would be liable to pay it back to their fund and only use it for land preservation but you know, it is a March 25, 2008 Southold Town Board Meeting Minutes little scary, what has been reported. JUSTICE EVANS: Inaudible. COUNCILMAN WICKHAM: And our Board is. JUSTICE EVANS: The Board is. (Inaudible) Page 45 MR. SAMBACH: And I just want to know, Mr. Krupski, what is the first vegetable that comes out? Is it rhubazb or spinach? Because we have a bet. COUNCILMAN KRUPSKI: That is a good question. They usually come... COUNCILMAN WICKHAM: Rhubarb. MR. SAMBACH: Is it rhubarb? What is the first fruit? COUNCILMAN WICKHAM: Strawberries. Memorial Day. COUNCILMAN ORLANDO: Did you win that one? MR. SAMBACH: Excuse me? COUNCILMAN ORLANDO: Did you win the one on the strawberries? MR. SAMBACH: No but I will. I just want to say something, that is also what makes us so different out here, that it is farm and you have the farmstands and the rest of Long Island basically doesn't have it. COUNCILMAN KRUPSKI: Right. MR. SAMBACH: So let's preserve a little more. Thank you. COUNCILMAN KRUPSKI: Thank you. Would anyone else like to address the Board? Mari Curry, Cutchogue MARY CURRY: Good evening, my name is Mary Curry and I am a resident of Cutchogue. I am so sorry I am late. We were just behind someone on Sound Avenue from Riverhead going 30 miles an hour. Which brings me to the point of population in Cutchogue. I don't know how many of you guys have been stuck behind pumpkin pickers on Sound Avenue but I don't remember growing up pumpkin picking and not being able to make a family event on time because of just traffic. But I love Cutchogue and I am going to try to tell you the best I can what I am standing up here for, as a resident and as somebody who sees themselves living in this community for a very, very long time, for the rest of my life. And I love it the way it is and I am probably what is considered, you know, the weirdo in town, pretty much. I came into a town of locals (inaudible) there were no rentals when I used to look out here for renting and I mean, I Mazch 25, 2008 Page 46 Southold Town Board Meeting Minutes lived in the city, actually I grew up in the south, in Homestead, Florida and I don't know how many of you remember hurricane Andrew? But I last June went home because my brother was deployed to Iraq. I went down, my grandmother's birthday was four days later and she, her house burnt down. So she has been in Homestead, Florida a very and all the while, not seeing any part of my childhood that was just a beautiful childhood. Spent in nature, spent knowing my neighbors. You know, not worrying whether or not our animals would get hit by a caz, you know. I moved out here from the city because I was very sick in the city and I can't explain the specialness to people when they come here but I watch people sit on my deck and unfold. They unfold in this way that just, I know that we have a national treasure, however that sounds. I really feel that way. I am all for people getting along together, I would love to see more, you know, blacks, Hispanics, whoever but being a part of this community, being a part of my own neighborhood has healed me. I am not as sick as I was and I am surely not going to get any sicker ever again. I came to a place where I was able to walk out into nature which healing remedy whatever, there is nothing like walking along my beach without any sign of like, I mean litter? Me and my neighbors pick it up. My neighbors and I. I don't talk very much to people out here, so, you know, it is a way of life that you know, those of us that stay in the winter time, aze you all right there? Because I caze. And when you guys leave and I pass you tomorrow, I am going to wave to you on the street. You know? There won't be gates dividing us and there certainly won't be lack of birds and I never thought I'd like birds but the idea that like, you know, you see houses being built randomly and I know what trees aze gone. I know what birds are suffering. And to ruin something as beautiful as that town, as beautiful as the north fork you know, it is just what a shame. What a shame. And I have 27 cousins out here. One of them living on Depot Lane and I, they aze going to have children, how sad would that be? And that is all I have to say tonight. I am sure I am going to have a lot more to say in the future. Hopefully it is well, better said and you know, I would love to see this community come together and be able to voice themselves because I know who they are. I know who my community is. I might not know everybody by name but I know for sure that who I was behind going 30 miles an hour tonight was not part of my community and if they were, then we need to take care of them. But I don't want to belong to a community that is being lost and I don't want it lost. COUNCILMAN KRUPSKI: It is no accident that Southold Town looks different from the rest of Long Island. There has been a lot of hard work and effort put in to Southold to keep it this way. MS. CURRY: Mmmhmm. COUNCILMAN KRUPSKI: So we are glad that you appreciate it. MS. CURRY: I do appreciate it. I really do. This is a special place. You know. And my great grandfather was one of the early settlers in an area called North Haven in, near East Hampton. He was a potato farmer, 50 acres. I can see his land from Southold beach. I know he is there across my waters. He ended up moving because their house burnt down. 1987. They wanted to subdivide the land. Sealy farm it is called. And the community gathered together and you know, we don't want this beautiful land burned down. Well, there was no reason to really stop them because financial reasons, whatever it is, I mean, what they found out, like my grandfather who March 25, 2008 Page 47 Southold Town Boazd Meeting Minutes was a potato farmer, couldn't grow a single potato for his 18 kids whatever, ended up with the richest soil on the east coast because of his cows and in 1987 he was able to have a piece of nature that is nonexistent anywhere else. You know? And I started gardening two yeazs ago and just that is such a gift to our world. We are responsible for it. And I never thought I would be tree hugging, especially in these boots you know. But that is what, if my great grandfather held onto or if my grandfather was one of the people in this town that established it and worked hazd to preserve that, I wouldn't let it go. What are we going to do with the cemeteries once everything else is filled up, you know? And that is all. I want my great grandchildren to have what I have. Thank you very much for listening to me, if you did anyway. COUNCILMAN KRUPSKI: Thank you. Would anyone else like to address the Board? Sir? Jim Dugan, East Marion JIM DUGGAN: How are you doing? My name is Jim Duggan, I am from East Marion. I have got a couple of questions. Has the Town Boazd taken a position on Broadwater in any way? COUNCILMAN KRUPSKI: Yes. MR. DUGGAN: Publicly? Have you sent letters, what have you done? COUNCILMAN KRUPSKI: We hired, well, maybe why don't we let the Town Attorney...go ahead, Tom. COUNCILMAN WICKHAM: We are contributing support to a legal effort to stop that development. There is a legal effort on behalf of all the east end towns here on Long Island and we are contributing our share to that, participating in that effort. We are not doing it alone as one town, we are doing it together with Riverhead and other towns. MR. DUGGAN: Oh, okay. Thank you. My second question is, at the end of Bay Avenue in East Marion, there is blue stone, large boulders not really pebbles. What is going to happen to that area? COUNCILMAN KRUPSKL I believe that, I believe that, I think that the project is completed there. The whole road end, I mean, there used to be a beach there... MR. DUGGAN: Right. There is no beach now. You cannot walk on that to access water in any way. Was that purposely done? COUNCILMAN KRUPSKI: No. Once the shoreline was hardened there, generally what happens in a coastal erosion like that, you lose your beach elevation after storm events because the beach can't renourish itself, right, the road ending was becoming really deteriorated because of age and now exposure to the bay and that was an effort by the town to shore that up so it wouldn't deteriorate any further. MR. DUGGAN: Now, my question along that, did the DEC approve something like that. I Mazch 25, 2008 Southold Town Board Meeting Minutes Page 48 know a homeowner can't put those rocks to the waters edge. That is my second question. ASSISTANT TOWN ATTORNEY CORCORAN: I think there has also been discussion with the community about replacing a way to get down to the water. MR. DUGGAN: So you did get DEC approval? ASSISTANT TOWN ATTORNEY CORCORAN: I believe DEC permits were secured, yes. MR. DUGGAN: I'll see. Thank you. COUNCILMAN KRUPSKI: Thank you. Anyone else? Richard Witt, Greenport RICHARD WITT: Hi, my name is Richazd Witt. I am from Greenport. I live on Gull Pond Lane. I have a problem at the end of Gull Pond Lane which I tried to address the Boazd through letters for the last six months. I had Mr. Orlando down there. I sent a bunch of files to Mr. Russell two weeks ago. Did you receive files from what I am talking about? COUNCILMAN KRUPSKI: We did, yeah. MR. WITT: You did. Okay. I haven't gotten a single phone call back from anybody. It is completely getting overlooked and I am going to have to take it into my own hands and take it with Mr. Bressler the way he says and I really don't want to push it that much. I am trying to be a gentleman, getting the right thing done but except I just can't seem to get the right thing done. And especially since this road is the one road that will drain off into Gull Pond Lane and it is serious. And I don't know if anybody has taken a look at it, I know Mr. Orlando has, he has paid me the service of coming down and talking to me, I thank him for that. And Mr. Krupski, I talked to you when you were in the Trustees. Pre this issue of what it has turned into and I don't know if you have seen it since then? COUNCILMAN KRUPSKI: No, I haven't. MR. WITT: You should really go down and take a look. I mean, if you are interested in storm water runoff and 75 feet of my property is now taken away. In order to get to my dock, I have to walk through a sprinkler system, which is installed on town property. And I mentioned to Pete Harris once, I said I don't think it is in your jurisdiction to give exclusive use to town property to a sole owner. I mean, town property is town property. I am nice enough, you know the road is sitting on my property but I have enough of property that I put the fence way back so people could use the road. You are forcing me to put my fence on my property line. If I do that, the road stops. I don't want to push it to that point. Please, open up a line of communications with me. Look at those file folders and get in touch with me. Because in 10 or 15 days, I am being pushed by Mr. Bressler and my wife and everybody else down on the corner going what are we going to do and I ain like, they are forcing my hand and I really don't want to force my hand. March 25, 2008 Southold Town Board Meeting Minutes COUNCILMAN KRUPSKL• Okay. Page 49 MR. WITT: But would you please give that a serious look and call me back. All my phone numbers and everything are on there. COUNCILMAN KRUPSKI: Thank you. MR. WITT: Thank you. COUNCILMAN KRUPSKL• Honestly I looked at that and I thought it was going to be resolved. It is kind of straight forwazd. MR. WITT: It is straight forward but the person is a prominent business man, so you know, it gets into that. And I don't want to get into that and I don't want to get publicly into it. I just want to be left alone and be able to get to my dock without walking through a sprinkler system. You know. So look into it and keep in touch with me. Give me a call. COUNCILMAN KRUPSKI: Okay. MR. WITT: Thank you so much. COUNCILMAN KRUPSKI: Thank you. Would anyone else like to address the Boazd? Councilman Wickham COUNCILMAN WICKHAM: I would like to make a comment. You know the Town Boazd reviews a whole bunch of resolutions every time we meet and frankly, a lot of them aze kind of boring and a lot of them probably don't mean a whole lot to the public. There was one resolution tonight that I think is very important and I would like to draw attention to it and that is a resolution where we are seeking resumes, interested people, to join committees that are part of the town government. We heard the speaker tonight earlier say what a special place the Town of Southold is. It is only special if people keep it special. It is only special if there are people who will work for it, who will make it special. There are a half a dozen committees that we are now looking for key people, on a voluntary basis, to contribute some time and thought towards what makes this place special. And I will just list them very quickly. One of them is the Agricultural Advisory Committee, what does that committee do? Well, think about it for a minute. Agriculture is the center, it is the focus of most of the Town's planning initiatives. Preserving the working farms here. Farmers are among the biggest landowners in town. Farming is a business. Farming, we need to somehow protect it and yet not give farmers undo advantage. How to balance all of those things? We need help. We need people to serve on that committee. It meets once a month. Albert, I believe, is the liaison from the Town Board to that, no, Bill Ruland. Excuse me. It is a very important committee and we need some new people. You don't necessarily have to be farmers, even. But somebody who has at heart the protection and the perpetuation of farming as a business and as a community initiative out here. The second one is the Anti-Bias Task Force. Some of you may have read or heard about the speech that Barack Obama gave last week about race in the United States. There are racial issues in the Town of Southold. They are not in the newspaper every week but they are there. They are important. March 25, 2008 Page 50 Southold Town Board Meeting Minutes We have to deal with them, the people out on the street have to deal with them. The Town of Southold, since Ruth Oliva and others put the Anti-Bias Task Force in place to help us deal with racial tensions in this Town before they erupt and make serious problems for the people who live here. Architectural Review Committee. Architectural Review Committee is a committee that advises the. Planning Board how to make the facades of businesses, not the insides, not the backs. How to make the fagade, the front of a business, look attractive in this Town and keep those businesses consistent with what the hamlet and the business and the neighboring community looks like. They are a, it is an important committee that meets roughly once a month and in that case, we have representatives from that committee who in effect are from each of the hamlets. So a person from Cutchogue kind of represents the area that Cutchogue should look like. Board of Ethics, is a Board that is in place to protect the integrity of government. It has two or three firnctions. One of them is to review the disclosure statements that each of us signs each time we are elected. That we disclose what our financial affairs are and secondly, it reviews allegations and accusations that some of us are doing something that is wrong. It only works if you have got honest people to sit on that committee, who can review these things and take a look at them and render a judgment. You can't expect us to sit in judgment of ourselves. There has to be a group of people out there and I have to tell you, it is hazd to find people who are willing to do that. Land Preservation Committee, is perhaps the most important committee if you consider dollars. Dean Sambach tonight spoke about an acquisition of 14 or so acres somewhere, of the current rate of acquisitions is on the order 300 acres per year that the Town and the County are acquiring in this Town, either for open space or the preservation of farmland. I can't over emphasize the complexity of some of these deals. How difficult it is, how difficult to get an agreement from a landowner, to get an agreement from the Town, sometimes from the County to go through the labyrinth you have to go through before you get an agreement to acquire and preserve open space and farmland here. We need strong people to serve on this committee, people with integrity, people with a feeling to preserve the town and the open space and the agricultural content that we have here. Parks, Beaches and Recreation Committee, I guess that speaks for itself and it is not one that I am quite as close to. It is an important committee in that pazks, beaches and recreation are important not only for the waterfront area but also for the youth of the Town. And finally, the Stormwater Runoff Committee, Albert could speak quite clearly to that because he works very closely with that. Stormwater runoff has the potential to pollute and contaminate many of the creeks in this town and the bay. We need to deal with it. We have begun dealing with it but again, you have no idea how many questions come up. Where the dollazs are going to come from, which ones to start first on and other people could speak more effectively to that than I can. The point I want to make is, this is an opportunity for those people who want to make a contribution to the Town of Southold to step up and make that contribution. To participate, to get involved, to bring stuff to the Town Boazd and the Planning Board in an organized manner rather than being in the situation of just kind of criticizing and just wishing something would be done right. So I urge anybody who wishes to, to make their contribution through response to the ad to our Town Clerk to make, to be of service to the Town in one or more of these committees. Thank you. COUNCILMAN KRUPSKI: Thank you. Can I have a motion to adjourn? March 25, 2008 Page 51 Southold Town Board Meeting Minutes VI. Adjourn meetin¢ Motion To: Adjourn Town Board Meeting COMMENTS -Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned 8:54 P.M. + * ^ Eliza eth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans ABSENT: Scott Russell