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HomeMy WebLinkAboutTB-05/06/2008 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES May 6, 2008 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, May 6, 2008 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 4:30 PM with the Pledge of Allegiance to the Flag. Call to Order 4:30 PM Meeting called to order on May 6, 2008 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived William Ruland Town of Southold Councilman Present Vincent Orlando Town of Southold Councilman Present Albert Krupski Jr. Town of Southold Councilman Present Thomas H. Wickham Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice Present Scott Russell Town of Southold Supervisor Present Elizabeth A. Neville Town of Southold Town Clerk Present Kieran Corcoran Town of Southold Assistant Town Attorney Present I. Reports 1. North Fork Animal Welfare League Financial Statements December 31, 2007 Financial Statements March 31, 2008 & 2007 2. Recreation Department March 2008 3. Claim Lag Report May 6, 2008 Page 2 Minutes Southold Town Board Meeting 4/1/07 to 3/31/08 4. Program for the Disabled April 2008 II. Public Notices III. Communications 1. Letter Commending Actions by Police Department Patricia Blake commending Police Department Radio Dispatcher John Helf Jr. and Police Officers David Hunstein and Rich Buonauito 2. Southold Town Police Department Awards 2007 AAA Community Traffic Safety Gold Award and a Pedestrian Citation. IV. Discussion 1. 9:00 AM John Cushman Four-month budget overview (per Councilman Ruland) 2. 10:00 AM Heather Lanza, Mark Terry 2006-7 EPF Grant Consultants 3. 10:30 AM Mark Terry, Phillip Beltz Round 8, Suffolk County Downtown Revitalization Grant Grant Submission Policy and Procedure Long Island Housing Partnership - House Counseling Programs 4. 11:00 AM Jamie Richter Animal Shelter Update Also: Request for Quarterly Financial Reports - per Councilman Ruland 5. 11:15 AM Jeremy Samuelson, Group for the East End Bay to Sound Trails Project 6. Fund Traffic Consultant of Accepted RFP with Grants Writer Money - Per Supervisor 7. Fireworks Correspondence May 6, 2008 Page 3 Minutes Southold Town Board Meeting 8. Fireworks Permits Requests 9. Proposed Amendment to LL No. 4-2008 10. Use of Town Roads - Per Councilman Krupski 11. Waiver of Leaf Fee at Landfill - Per Supervisor Russell 12. Park and Recreation Committee Report - Per Councilman Orlando 13. 12:30 Pm Lunch 14. 1:00 Pm Executive Session - Melissa Spiro Property Acquisition 15. Executive Session Employment History of a Particular Person 16. Reminder: Community Meeting Hosted by Southold Business Alliance to Discuss Town Hall Processes. May 13, 2008 6:30 PM Knights of Columbus, Cutchogue Town Board Invited. 17. 3:00 PM Workplace Violence Prevention Training in Meeting Hall 18. Executive Session Employment History of Particular Person 19. Proposed Local Law in Relation to Regulations Governing Farm Stands 20. Executive Session Litigation Call to Order 4:30 PM Meeting called to order on May 6, 2008 at Meeting Hall, 53095 Route 25, Southold, NY. Pledge to the Flag Proclamations Arbor Day SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. May 6, 2008 Page 4 Minutes Southold Town Board Meeting Thank you. Before we get the normal meeting underway, what we want to do is we want to present an award to the Arbor Day poster winner. Dave, would you like to come up? DAVE CICHANOWICZ: Every year the Southold Tree Committee sponsors a poster contest. And so we go to all the schools in Southold township and we select, we pick out the one that has the best message for our Arbor Day program and this years winner is this poster here. The certificate is to Isabel Simon. Isabel, do you want to come up please? SUPERVISOR RUSSELL: This is on behalf of the entire Town Board, it congratulates you for your achievement. The poster is wonderful. We have a lot of wonderful posters each year and to be the best among all of those wonderful posters really speaks volumes about your talent. Congratulations on behalf of the entire Town Board. COUNCILMAN ORLANDO: Tell her what happens to her school next year then. MR. CICHANOWICZ: Oh, yes. Most importantly, her school is awarded a tree that the Tree Committee will be supplying on behalf of her, her great efforts on her poster. I will read her poster “We all come from roots but the tree is grown from the heart.” SUPERVISOR RUSSELL: We have another award to give out tonight, which is sort of a surprise. It is such a surprise (inaudible) is Peggy here? Peggy Murphy. Come on up here. Okay. This is a proclamationhe Town Board of the Town of Southold, on behalf of the residents of Southold Town, wishes to acknowledge MARGARET “PEG” MURPHY for her years of superior service on the Southold Town Tree Committee; and W H E R E A S : PEG has given generously of her time and creative talent, a willing mentor for other members and a role model to those for whom and with whom she serves. As the primary liaison between the schools and the Town for the Arbor Day Program, PEG has encouraged Southold’s young people both artistically and ecologically. Her historic perspective has been invaluable in preserving the integrity of our trees and she continues to be a role model to those for whom and with whom she serves; and W H E R E A S : appointed by Supervisor Frank Murphy as a “Charter Member” of the Tree Committee, PEG has distinguished herself among her peers with her enthusiastic commitment and dedicated spirit; and W H E R E A S : Southold Town delights in the volunteer-ism of its citizens and welcomes the opportunity to recognize the diligent and conscientious efforts of a resident of the North Fork; now, therefore, be it R E S O L V E D : that the Town Board of the Town of Southold is pleased to honor MARGARET MURPHY and extends to her sincere appreciation for all she does for her town. This is dated May 6, 2008 and it is signed by myself and the entire Town Board and Betty Neville. Congratulations. May 6, 2008 Page 5 Minutes Southold Town Board Meeting PEGGY MURPHY: Thank you everyone. Supervisor Scott Russell SUPERVISOR RUSSELL: Congratulations to Isabel. Would anybody like to now come up and address the Town Board on any issue as it appears on the agenda? Mrs. Egan. Joan Egan, East Marion JOAN EGAN: Good afternoon, everybody. Good to be here, it is good to see the sun again. Hope everybody is well. How are you all up there? SUPERVISOR RUSSELL: Good. MS. EGAN: Behaving yourselves? SUPERVISOR RUSSELL: Yes. MS. EGAN: Trying, anyhow. Right? SUPERVISOR RUSSELL: Can’t afford not to. MS. EGAN: That is the best we can do. On item 456, how come we are having a 4:30 meeting rather than a 7:30? I am delighted but why? thth SUPERVISOR RUSSELL: On May 20, what is that? May 20 is, the problem is that that is the annual grievance day, established by state law for the grievance of real property taxes. This being the one substantial meeting hall that we have, we have to adjust our calendar to suit their needs. They have hours that are required to be after 6:00 PM etc. MS. EGAN: Good. Okay. On item 458, who is this person and where is he/she from? SUPERVISOR RUSSELL: Neb Braschich has been fixture in Town Hall on many committees over the years. He actually serves as Chairman of the Transportation Committee. He has been probably Tom could tell you, the most active member on the Transportation Committee for the past 15 years or so. COUNCILMAN WICKHAM: He lived in New Suffolk, now Cutchogue. MS. EGAN: Well qualified. SUPERVISOR RUSSELL: Absolutely. MS. EGAN: I like your tie, Mr. Wickham. COUNCILMAN WICKHAM: Thank you. May 6, 2008 Page 6 Minutes Southold Town Board Meeting MS. EGAN: Alright, on item 459, I don’t see why Captain Flatley has to go away. I think it is on here for the FBI Academy, he is already a graduate of the Academy and this means another policeman will be gone and god only knows we need all of them here. I feel this is wrong. Item 461, the Chief, I think he is on here twice. Again, I don’t think he should be gone, I think this can all, these little (inaudible) are costing us money and we certainly need the money here, not there. oh, on item 462, any of, whether it is the pump out boats, whether it is from our marine division, probably things won’t be as hectic for them with the price of gasoline. But the, at any rate, they also should be looking for people who are taking rocks or stones or anything out of the bay or the beach. This is against the law. They hold the soil, they hold the sand, you can get some permits from the Trustees if necessary to protect your bulkhead. Most of the time the Trustees will permit it but very often at the same time, the DEC will say no. so you have to be very careful what you do, when you remove rocks or little pebbles or anything. I don’t know whether you, when Supervisor Horton was here, I addressed the issue of curbing and what have you. I have seen many people now, rather than putting curbing are using big rocks that have come out of the bay. You can tell the difference by the shape and all of that. Are using those. I think you have to see them do it, some people have rocks when they excavate their property or something and rocks will be there. so I hope that these people, I have already spoken to Bay Constable Dzenkowski, he is going to keep an eye out for it. This is wrong. So let’s keep on top of it. Oh, 464, the Justice Court. How are the termites doing? SUPERVISOR RUSSELL: The termites are all eradicated as of yesterday. MS. EGAN: Oh, you think so, huh? SUPERVISOR RUSSELL: I had it treated over the weekend and again yesterday. MS. EGAN: Good. It was quite, you know it doubled their work….I don’t forgive you. don’t do it again. But at any rate, they had to double their work because they could not get anything done on Monday. SUPERVISOR RUSSELL: I know. I know. MS. EGAN: What a shame. So let’s see what we can do for them. Oh, 465, and what is that Town Hall man at the end? I have forgotten your name. what is your name again? COUNCILMAN RULAND: Mr. Ruland. MS. EGAN: Mr. Ruland. Item 465 addresses the Memorial Day park in Mattituck which brings up what for me? The flashing light. COUNCILMAN RULAND: The answer to your question. MS. EGAN: Pardon? COUNCILMAN RULAND: I spoke with two of the school officials… May 6, 2008 Page 7 Minutes Southold Town Board Meeting MS. EGAN: And? COUNCILMAN RULAND: …and they had, incidentally, scheduled a meeting with Assemblyman Alessi and they were going to broach the subject with him to see if they couldn’t start the process. MS. EGAN: That’s my boy. Good. The recreation center, it is in bad shape. I spoke to Jim this morning and I was there for a meeting on Sunday, it is in bad shape. So I hope it will be cleaned up before the summer season starts, you know for this and that, it is very important… SUPERVISOR RUSSELL: Yes. You see it is all, all the work is underway. The new exterior, the new roof. All of that needed to be done before we could get to the inside. But it is underway now. MS. EGAN: Oh, I know. I am checking. You know that. SUPERVISOR RUSSELL: Okay. MS. EGAN: Well, there is a lot at the recreation and that is good money spent there. We could (inaudible) we have got to take care of what we have and oh, item 472, too much money going to the Solid Waste District. Much too much. Much too much. Item 473, I have already said I don’t think they should do these things and it is nickel and dimeing us to death. The Highway Department, the roads are in terrible shape. A great deal because of the humongous trucks going over, you know and a lot of them go down Albertson Lane and I don’t think, there is a weight thing on that road, isn’t there? SUPERVISOR RUSSELL: On Albertson? Not to my knowledge. MS. EGAN: I think so. I am not sure. Do you know? Does anyone know? SUPERVISOR RUSSELL: I… COUNCILMAN WICKHAM: I don’t think so. COUNCILMAN RULAND: The weight restriction is on the bridge. MS. EGAN: Hmm? COUNCILMAN RULAND: The weight restriction is on the bridge that is being constructed and Albertson Lane is the way around it. MS. EGAN: So how can we get it, the weight thing is in force there? COUNCILMAN RULAND: The weight restriction is on the railroad bridge, so certain vehicles May 6, 2008 Page 8 Minutes Southold Town Board Meeting are not allowed to go over it and they use Albertson Lane to go around. MS. EGAN: Well, I don’t know. A very dangerous street, that Albertson Lane. Oh, item 478, the Planning Board. Again I reiterate, the Planning Board should be dissolved. They have done a terrible job and there is far too much money going to them. Far too much. And where is this 482? Where is this person from? Stephanie… SUPERVISOR RUSSELL: To be frank, I don’t know. We had actually looked to fill that position with a local resident. It is a civil service position. We were required to go and hire from the list. We exhausted the local list, nobody on the, of local residency, was high enough the list to reach, so we had to hire from what civil service told us. MS. EGAN: That is fair enough. Uh, who determines, item 485, who determines the bicycle route? Do you do it, do the DOT? The Highway Department? SUPERVISOR RUSSELL: Actually, that was organized through the Transportation Commission. In fact, the gentleman you had asked about before, Neb Braschich, he was the chair of that Commission and they put that together, through years of hard work and an evaluation, I imagine a lot of community feedback, chambers etc. and going out and inventorying and understanding what are our assets are and where good trails would be. MS. EGAN: Well, I noticed that a lot of the bicycle route has the bicycle going with the traffic and I was always taught and I still think it is safer, that they go against the traffic. SUPERVISOR RUSSELL: You and my dad. My dad believes that you are better to see it coming. But the reality is that vehicle and safety law suggest that you should be traveling with the traffic and that had been beaten in my head when I was going to those courses when I was a youngster. It is good to go with the traffic. MS. EGAN: Well, one of the problems that happens and has happened is that the cars, the motors are so silent, they don’t hear the car coming and if they are doing, you know, one riding here and one riding there and they are talking and they don’t hear the car, they don’t hear the car. So that can’t be changed. SUPERVISOR RUSSELL: It would be going against conventional wisdom, state DOT recommendations and everything else to change it. MS. EGAN: Well, funeral parlors are making a lot of money on it and so are the hospitals. Alright, item 489, oh, this will be a public hearing, huh? Peconic Land Trust, public hearing set th for May 20 and again, I say the Town has much, much too much land in their name and I always worry what will happen to it. Now 492, how is that? Is that all cleared up? SUPERVISOR RUSSELL: Yes. MS. EGAN: That is a done deed? May 6, 2008 Page 9 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Mmmhmm. MS. EGAN: Everybody happy? COUNCILMAN KRUPSKI: That is different than having it all done. SUPERVISOR RUSSELL: That is right. MS. EGAN: And here we go again. We have on item 495, appoint someone’s services to assist the Planning Board as a consultant. What in god’s name do they need another consultant for? Ridiculous, $8 an hour. Well, that is it for now. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on the specific agenda items? Mr. Wills. Frank Wills, Mattituck FRANK WILLS: Good afternoon, Frank Wills, Mattituck. A small reference on 476, the lights at the Cottages. The question is, do we really need 10 lights for 22 houses? Because if you look around the rest of Mattituck, I can’t talk for the rest of the Town, they may be one for 50 or 100 houses. Incidentally, there is only nine there but that is a minor point. But the question is, do we really need 10 lights for that small a community because it contributes to light pollution. SUPERVISOR RUSSELL: Yeah, I had a lot of concerns about that myself. Actually, that is based on current engineering standards for lighting, public specs for lighting public roads. A lot of the roads out here were done or dedicated long before we had those specs. I am going to support this tonight with an understanding that in the near future as we move towards dark skies legislation, we are going to inventory all of the lighting in Southold Town and do away with what is gratuitous and what we don’t need and also retrofit any fixtures such as those old fashioned cobra heads, things like that. But I have gotten requests from that community to have the lights on when they can, so we need to approve this just to be expeditious. MR. WILLS: There is only nine, not 10. COUNCILMAN WICKHAM: Might as well let Pete Harris address this. SUPERVISOR RUSSELL: Pete? I actually think Jamie did the specs on this. Do you want to address the lighting there? I think this was Jamie’s project but… Supt Highways Peter Harris PETER HARRIS, HIGHWAY SUPERINTENDENT: Jamie did the engineering as far as… SUPERVISOR RUSSELL: Yeah, that was, I think Jamie did that based on current standards for lighting. May 6, 2008 Page 10 Minutes Southold Town Board Meeting MR. HARRIS: I believe that the way that they did so that instead of the light going up, it was going down. Supervisor Russell SUPERVISOR RUSSELL: Used a better fixture than usual but probably not the best yet available. Would anybody else like to address the Town Board? (No response) Hearing none, let’s move forward. V. Resolutions 2008-455 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit Dated 5/6/08 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby May 6, 2008. ? Vote Record - Resolution RES-2008-455 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-456 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Meeting 5/20/08 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, May 20, 2008 at the Southold Town Hall, Southold, New York at 4:30 P. M.. ? Vote Record - Resolution RES-2008-456 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded May 6, 2008 Page 11 Minutes Southold Town Board Meeting 2008-457 Tabled 4/22/2008 7:30 PM CATEGORY: Budget Modification DEPARTMENT: Town Clerk Modify the Fishers Island Ferry District 2008 Budget Fiscal Impact: From Tom Doherty: I believe the reason was that we did not have enough money in the line item unemployment compensation and someone had filed on the Ferry District. WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their special April 7, 2008 meeting to modify the 2008 Fishers Island Ferry District budget and WHEREAS the Town Board of the Town of Southold is required to also modify the budget of the Fishers Island Ferry District, now therefore be it RESOLVEDmodifies the Fishers Island that the Town Board of the Town of Southold hereby Ferry District 2008 budget as follows: From: SM .5710.1.000.000 Personnel Services $900 To: SM .9050.8.000.000 Unemployment Insurance $900 ? Vote Record - Resolution RES-2008-457 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-458 Tabled 4/22/2008 7:30 PM CATEGORY: Committee Appointment DEPARTMENT: Town Clerk May 6, 2008 Page 12 Minutes Southold Town Board Meeting Appoint Neboysha Brashich to Serve on the Board of Trustees for the Long Island North Fork Heritage Program RESOLVEDappoints Neboysha that the Town Board of the Town of Southold hereby Brashich to serve on the newly-formed Board of Trustees for the Long Island North Fork Heritage Program , effective immediately. ? Vote Record - Resolution RES-2008-458 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-459 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Request Permission to Attend FBI National Academy 2008 Training Conference At West Point, NY Commencing on Friday, July 11 Through Tuesday, July 15, 2008 for Captain Martin Flatley RESOLVED grants permission to that the Town Board of the Town of Southold hereby Captain Martin Flatley to attend the FBI National Academy 2008 Training Conference for the New York/Eastern Canada Chapter in West Point, New York, commencing on Friday, July 11 through Tuesday, July 15, 2008. All expenses for registration, travel and lodging to be a legal charge to the 2008 Police Training Budget Line - A.3120.4.600.200. ? Vote Record - Resolution RES-2008-459 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-460 CATEGORY: Grants DEPARTMENT: Community Development May 6, 2008 Page 13 Minutes Southold Town Board Meeting 2008 Community Development Program RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement with the County of Suffolk in connection with the 2008 Community Development Block Grant Program in the amount of $136,000, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-460 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-461 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Police Chief Carlisle E. Cochran, Jr., to Attend Annual NYS Chiefs of Police Association, Inc. Training Conference July 27 to July 30, 2008 in Lake George, NY RESOLVED grants permission to Chief that the Town Board of the Town of Southold hereby Carlisle E. Cochran, Jr. to attend the NYS Chiefs of Police Association, Inc., annual training conference commencing on Sunday, July 27 through Wednesday, July 30, 2008 in Lake George, New York. All expenses for registration, travel and lodging to be a legal charge to the 2008 Police Training budget line - A. 3120.4.600.200. ? Vote Record - Resolution RES-2008-461 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-462 CATEGORY: Employment - Town DEPARTMENT: Accounting May 6, 2008 Page 14 Minutes Southold Town Board Meeting Hire Two Pump-Out Boat Operators RESOLVEDappoints Adam Sotiryadis that the Town Board of the Town of Southold hereby and David Commando to the position of Seasonal Pump-out Boat Operators for the Trustees, effective May 24, 2008 through October 5, 2008, at a rate of $14.00 per hour. ? Vote Record - Resolution RES-2008-462 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-463 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bid on Used Vehicles RESOLVEDaccepts the bid of Donald that the Town Board of the Town of Southold hereby Grim, in the total amount of $462.00 for two (2) used Police vehicles , Asset #2517 & 2595, all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2008-463 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-464 CATEGORY: Budget Modification DEPARTMENT: Justice Court Budget Modification - Justice Court Fiscal Impact: Justice Court received 5 new computers from the Office of Administration. Microsoft Office needs to be loaded on to the new computers at a cost of $1500.00. Data Processing is pay half the cost and the May 6, 2008 Page 15 Minutes Southold Town Board Meeting Justice Court will be the other half. RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund, Whole Town budget, as follows: FROM: A.1110.1.300.100 Justices, P.S., Seasonal Employees Regular Earnings $750.00 TO: A.1680.2.400.520 Data Processing, C.E. PC Software $750.00 ? Vote Record - Resolution RES-2008-464 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-465 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Mattituck Legion Memorial Day Parade RESOLVED grants permission to the that the Town Board of the Town of Southold hereby Raymond Cleaves Post 861 Mattituck American Legion to use the following town roads for the Memorial Day Parade beginning at 10:00 a.m. on Monday, May 26, 2006 ,: Pike Street, Wickham Avenue, Westphalia Road, and Sound Avenue, Mattituck, New York provided they file with the Southold Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as the additional insured. Captain Flatley to be contacted within ten (10) days after adoption of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. May 6, 2008 Page 16 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-465 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-466 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Recreation Hire Summer Recreation Program Instructors RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the summer 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 Eugenia Cherouski (folk dancing)......................................... $30/hour Jim Christy (country line dancing)………………………… $30/hour Shirley Darling (tennis)..........................................................$30/class Lenora Dome (belly dancing)................................................ $30/hour Martha Eagle (Aerobics)........................................................ $30/hour East End Insurance Services (Defensive Driving)................. $30/person Rosemary Martilotta (yoga)................................................... $55/class Tom McGunnigle (golf)…………………………………..... $50/person Rosemary McKinley (home economics)……………………$30/hour Laura Nappi (teen yoga)…………………………………… $30/hour Theresa Pressler (youth programs)………………………… $30/hour Riverside Gymnastics (youth gymnastics).............................$40/person Steve Smith (weight training)................................................ $30/hour Touch Dancing Studios (ballroom dance)............................. $65/person Thomas Shalvey Jr. (TIPS Program)…………………... $30/hour May 6, 2008 Page 17 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-466 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Initiator ?? Rescinded 2008-467 CATEGORY: Employment - Town DEPARTMENT: Recreation Summer Staff Salaries RESOLVEDestablishes the following that the Town Board of the Town of Southold hereby seasonal employee salary schedule for summer employees of the recreation department as follows: STILLWATER LIFEGUARDS 1st year……………......………………………………………… $12.17/hour 2nd year……………......………………………………………… $12.44/hour 3rd year……………......………………………………………… $12.72/hour 4th year……………......………………………………………… $12.99/hour 5th year……………......………………………………………… $13.27/hour 6th year……………......………………………………………… $13.54/hour 7th year……………......………………………………………… $13.82/hour 8th year……………......………………………………………… $14.09/hour 9th year+……………......………………………………………… $14.37/hour BEACH ATTENDANTS 1st year……………......……………………………………… $9.42/hour 2nd year……………......………………………………………… $9.58/hour 3rd year……………......………………………………………… $9.75/hour 4th year……………......………………………………………… $9.91/hour 5th year……………......………………………………………… $10.08/hour 6th year……………......………………………………………… $10.24/hour 7th year……………......………………………………………… $10.42/hour 8th year……………......………………………………………… $10.60/hour 9th year+……………......………………………………………… $10.78/hour RECREATION SPECIALISTS (WATER SAFETY INSTRUCTORS) 1st year……………......………………………………………… $16.57/hour 2nd year……………......………………………………………… $16.82/hour May 6, 2008 Page 18 Minutes Southold Town Board Meeting 3rd year……………......………………………………………… $17.07/hour 4th year……………......………………………………………… $17.32/hour 5th year……………......………………………………………… $17.57/hour 6th year……………......………………………………………… $17.82/hour 7th year……………......………………………………………… $18.07/hour 8th year……………......………………………………………… $18.32/hour 9th year+……………......………………………………………… $18.57/hour BEACH MANAGERS 1st year……………......………………………………………… $13.54/hour 2nd year……………......………………………………………… $13.84/hour 3rd year……………......………………………………………… $14.14/hour 4th year……………......………………………………………… $14.44/hour 5th year……………......………………………………………… $14.74/hour 6th year……………......………………………………………… $15.04/hour 7th year……………......………………………………………… $15.34/hour 8th year……………......………………………………………… $15.64/hour 9th year+……………......………………………………………… $15.94/hour RECREATION AIDES (PLAYGROUND INSTRUCTORS) 1st year……………......………………………………………… $11.34/hour 2nd year……………......………………………………………… $11.59/hour 3rd year……………......………………………………………… $11.84/hour 4th year……………......………………………………………… $12.09/hour 5th year……………......………………………………………… $12.34/hour 6th year……………......………………………………………… $12.59/hour 7th year……………......………………………………………… $12.84/hour 8th year……………......………………………………………… $13.09/hour 9th year+……………......………………………………………… $13.34/hour LIFEGUARD TRAINER 1st year……………......………………………………………… $15.74/hour 2nd year……………......………………………………………… $15.99/hour 3rd year……………......………………………………………… $16.24/hour 4th year……………......………………………………………… $16.49/hour 5th year……………......………………………………………… $16.74/hour 6th year……………......………………………………………… $16.99/hour 7th year……………......………………………………………… $17.24/hour 8th year……………......………………………………………… $17.49/hour 9th year+……………......………………………………………… $17.74/hour Please note: This is the same salary structure that was used in 2007. May 6, 2008 Page 19 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-467 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-468 CATEGORY: Employment - Town DEPARTMENT: Public Works Seasonal Laborer RESOLVEDappoints Matthew Hansen that the Town Board of the Town of Southold hereby to the position of a Seasonal Laborer for the Department of Public Works, effective May 15, 2008, at a rate of $13.52 per hour. ? Vote Record - Resolution RES-2008-468 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-469 CATEGORY: Petty Cash DEPARTMENT: Recreation Petty Cash for Summer Employees RESOLVEDauthorizes Southold Town that the Town Board of the Town of Southold hereby Beach Attendants (7) and beach managers (2) to be supplied with a petty cash fund in the amount of $75.00 (30 singles, 9 fives) per person , to enable them to make change when people purchase beach permits. Check in the amount of $675.00 to be made payable to Kenneth Reeves; said charge to be made to A210, Petty Cash. May 6, 2008 Page 20 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-469 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-470 CATEGORY: Equipment DEPARTMENT: Recreation Issuance of Free Beach Stickers RESOLVEDauthorizes the issuance of free that the Town Board of the Town of Southold hereby beach parking permits to the following employees : Water Safety Instructors, Beach Attendants, Lifeguards, Lifeguard Trainer, Beach Managers, and Recreation Supervisor Ken Reeves. ? Vote Record - Resolution RES-2008-470 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-471 CATEGORY: Employment - Town DEPARTMENT: Accounting Amend the Town of Southold Flexible Benefits Plan RESOLVEDadopts the Town of that the Town Board of the Town of Southold hereby Southold Flexible Benefits Plan, as amended effective January 16, 2008. ? Vote Record - Resolution RES-2008-471 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded May 6, 2008 Page 21 Minutes Southold Town Board Meeting 2008-472 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Mods Fiscal Impact: Landscaping Equipment: To replace The District's 18-yr old 48"-cut Bobcat mower which died this spring. Transfer Station: To cover increased costs of paving as result of newly approved bid price from Corazzini. RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby Solid Waste Management District budget as follows: From: SR.8160.4.400.825 Glass Removal $ 3299.50 To: SR.8160.2.500.700 Transfer Station Improvements $ 3299.50 ? Vote Record - Resolution RES-2008-472 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-473 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Chief Carlisle E. Cochran, Jr., to Attend Law Enforcement Seminar in Brentwood, NY RESOLVED grants permission to Chief that the Town Board of the Town of Southold hereby Carlisle E. Cochran, Jr., to attend a seminar on "The 7 Habits for Highly Effective People for Law Enforcement" being hosted by the Suffolk County Sheriff's Office in Brentwood, NY commencing on Monday, June 9 through Wednesday, June 11, 2008. Registration fee to May 6, 2008 Page 22 Minutes Southold Town Board Meeting be a legal charge to the 2008 Police Training Budget Line - A.3120.4.600.200. Travel to be by Town vehicle. ? Vote Record - Resolution RES-2008-473 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-474 CATEGORY: Budget Modification DEPARTMENT: Public Works Budget Modification - DPW RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund Whole Town Department of Public Works budget as follows: To Revenues: A.2680.00 Insurance Recoveries $4,399.82 To Appropriations: A.1620.4.100.650 Vehicle Maintenance & Repairs $4,399.82 ? Vote Record - Resolution RES-2008-474 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-475 CATEGORY: Budget Modification DEPARTMENT: Highway Department Budget Modification - Highway Fiscal Impact: May 6, 2008 Page 23 Minutes Southold Town Board Meeting This budget modification is necessitated due to the fact that the CHIPs allocation received from the State, as anticipated in the 2008 budget, has been increased and is $95,487.64 more than previously expected. RESOLVEDmodifies the 2008 Highway that the Town Board of the Town of Southold hereby Fund Part Town budget as follows: To: Revenues: DB.3501.00 NYS Consolidated Highway Aid $95,487.64 To: Appropriations: DB.5112.2.400.905 Chips Resurfacing/Reconst $95,487.64 ? Vote Record - Resolution RES-2008-475 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-502 CATEGORY: Road Dedications DEPARTMENT: Public Works Authorize and Direct the Long Island Power Authority (LIPA) to Energize the Street Lights (4) in “The Cottages” Subdivision RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Long Island Power Authority (LIPA) to energize the street lights (4) in “The Cottages” subdivision, located on the south side of Sound Avenue, Mattituck, New York. ? Vote Record - Resolution RES-2008-502 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? ??Albert Krupski Jr. Seconder Withdrawn ?? Supervisor's Appt ???????? Thomas H. Wickham Initiator ?? Tax Receiver's Appt ???????? Louisa P. Evans Voter ?? Rescinded ???????? Scott Russell Voter Next: May 20, 2008 4:30 PM 2008-477 CATEGORY: Employment - Town May 6, 2008 Page 24 Minutes Southold Town Board Meeting DEPARTMENT: Accounting Change Status Donna Goodale Part to Full TimeFood WHEREAS a full-time Food Service Worker in the Human Resource Center is out of work on sick leave since May 1, 2008 due to a medical condition and is expected to return to work on June 4, 2008 and WHEREAS the Human Resource Center needs a part-time Food Service Worker to fill in for the full-time Food Service Worker while the full-time Food Service Worker is out of work on sick leave, now therefore be it RESOLVEDchanges the status of Food that the Town Board of the Town of Southold hereby Service Worker Donna Goodale from part-time to full-time for the period May 7, 2008 to June 4, 2008 , and be it further RESOLVEDchanges the hourly rate of that the Town Board of the Town of Southold hereby pay change for Food Service Worker Donna Goodale from $12.56 to $13.7255 , for the period from May 7, 2008 to June 4, 2008. ? Vote Record - Resolution RES-2008-477 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-478 CATEGORY: Attend Seminar DEPARTMENT: Planning Board Wetlands Workshop RESOLVED grant permission to Mark that the Town Board of the Town of Southold hereby Terry and Scott Hilary to attend a seminar on Wetlands sponsored by Central Pine May 6, 2008 Page 25 Minutes Southold Town Board Meeting Barrens Commission at Suffolk County Water Authority Offices in Coram, NY on May 8 and 9, 2008. All expenses for registration and travel to be a legal charge to the 2008 Planning Budget (Meetings and Seminars: B8020-4-600-200). ? Vote Record - Resolution RES-2008-478 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-479 CATEGORY: Employment - Town DEPARTMENT: Accounting Provisional Planner Position -- Modify Appointment WHEREAS on April 22, 2008 the Town Board of the Town of Southold had appointed William J. Lohn to the position of Provisional Planner in the Planning Department effective May 7, 2008, and WHEREAS William J. Lohn has subsequently declined said appointment, and WHEREAS the Town Board of the Town of Southold has determined that the Town should fill the Planner position with a provisional appointment, and has received permission from Suffolk County Department of Civil Service to make said provisional appointment, now therefore be it RESOLVEDappoints Tamara S. Sadoo that the Town Board of the Town of Southold hereby to the position of provisional Planner for the Planning Department , effective June 9, 2008, at the salary of $55,883.90 per annum. May 6, 2008 Page 26 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-479 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-480 CATEGORY: Policies DEPARTMENT: Solid Waste Management District Fee for Leaves at Compost Site RESOLVEDremoves tip fees for clean that the Town Board of the Town of Southold hereby leaves delivered to the Cutchogue Compost Site in other than brown bio-degradable bags (for which there is no fee), thereby allowing such leaves to be delivered to the Compost Site FREE OF CHARGE ; such “clean leaves” to be defined as any loose leaves, unadulterated with wood, branches, plastic or other debris. Leaves emptied from plastic bags at the Compost Site by the user shall be considered “clean” for purposes of this policy. ? Vote Record - Resolution RES-2008-480 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-481 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire Two Pump-Out Boat Operators - Fishers Island RESOLVEDappoints George E. that the Town Board of the Town of Southold hereby Peabody Jr. and Michael Conroy to the position of seasonal Pump-out Boat Operators for the Town of Southold, effective May 24, 2008 through October 5, 2008, at a rate of $14.00 per hour. May 6, 2008 Page 27 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-481 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-482 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Stephanie Zucchero Scale Operator WHEREAS the Town Board of the Town of Southold has determined that the Town should fill the Scale Operator vacancy at the Solid Waste Management District with a permanent appointment, and WHEREAS the Town Board of the Town of Southold has received the Suffolk County Department of Civil Service List of Eligibles for the competitive position of Scale Operator, and WHEREAS the Town Board of the Town of Southold has considered all interested candidates from said List of Eligibles and found a suitable and reachable candidate for said Scale Operator position, now therefore be it RESOLVEDappoints Stephanie that the Town Board of the Town of Southold hereby Zucchero to the permanent position of Scale Operator for the Solid Waste Management effective May 27, 2008, at the entry level salary of $17.9630 per hour District, . ? Vote Record - Resolution RES-2008-482 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded May 6, 2008 Page 28 Minutes Southold Town Board Meeting 2008-483 CATEGORY: Public Service DEPARTMENT: Town Clerk LIHP “Mobile Mortgage Counseling Program” WHEREAS , the Town Board of the Town of Southold has met with Phillip Beltz, Special Projects Coordinator, to review and discuss the Long Island Housing Partnership’s “Mobile Mortgage Counseling Program”, and WHEREAS , the goal of the program is to work with East End municipalities at designated regional sites to provide housing counseling services at no charge to local residents regarding first-time homebuyer grants and down-payment assistance, default mortgage counseling and reverse mortgage counseling. BE IT HEREBY RESOLVED that the Town Board of the Town of Southold hereby authorizes the Long Island Housing Partnership to utilize the Human Resource Center facility to offer its services, and for the Special Projects Coordinator to offer assistance with advertising and community outreach to promote its success and visibility with the community at large. ? Vote Record - Resolution RES-2008-483 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-484 CATEGORY: Retirement/Resignation DEPARTMENT: Police Dept Accept Resignation of Police Officer Joseph F. Knoll, Jr. May 6, 2008 Page 29 Minutes Southold Town Board Meeting RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Joseph F. Knoll, Jr., from the position of Police Officer in the Southold Town Police Department , effective Wednesday, June 4, 2008 at 1600 hours. ? Vote Record - Resolution RES-2008-484 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-485 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Transportation Committee Budget Modification Seaview Trails Bicycle Trails Color Brochure Fiscal Impact: The 2008 budget does not provide funds for the "Seaview Trails" Bicycle Trails color brochure. The minimal amount of available funding in this budget line $1,770.76 will only cover general office supplies and travel reimbursements for the Chairman. RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $2,074.00 To: A.1010.4.600.700 Transportation Commission $2,074.00 This budget modification is necessary to provide funds for the printing of the “Seaview Trails” Bicycle Trails color brochure which will be distributed at the “Information Centers” throughout the Town. ? Vote Record - Resolution RES-2008-485 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Initiator ?? Rescinded May 6, 2008 Page 30 Minutes Southold Town Board Meeting 2008-488 CATEGORY: Grants DEPARTMENT: Town Clerk First Universalist Church of Southold Grant Application WHEREAS, the Town of Southold strives to support cultural organizations and support its downtown areas and; WHEREAS the New York State Office of Parks, Recreation and Historic Preservation is seeking applications for funding in accordance with provisions of Title 9 of the Environmental Protection Act of 1993 that will enhance and strengthen the community and; WHEREAS, The First Universalist Church of Southold is applying for funding for roofing under the Title 9 of the Environmental Protection Act of 1993 grant; NOW THEREFORE BE IT RESOLVED that the Southold Town Board supports the application of the First Universalist Church of Southold and will serve as the conduit for the funds; and be it FURTHER RESOLVED that Susan Cannon Young, as President of The First Universalist Church, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993, in an amount not to exceed $20,800. and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to The First Universalist Church of Southold for roofing and, if appropriate , a conservation easement/preservation covenant to the deed of the assisted property; and be it FURTHERRESOLVEDauthorizes and that the Town Board of the Town of Southold hereby directs Supervisor Scott A. Russell to execute any and all documents in connection with the May 6, 2008 Page 31 Minutes Southold Town Board Meeting project agreement with the New York State Office of Parks, Recreation and Historic Preservation, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-488 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-487 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Attorney Bond for SWMD $850,000.00 A regular meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York, held at the Town Hall, 53095 Main Road, Southold, in said Town, on the 6th day of May, 2008. PRESENT: Hon. Scott A. Russell, Supervisor Louisa P. Evans, Justice William P. Ruland, Councilperson Thomas H. Wickham, Councilperson Vincent M. Orlando, Councilperson Albert J. Krupski, Jr., Councilperson -------------------------------------------------------------X In the Matter : of the : Increase and Improvement of Facilities of the Southold Solid Waste Management : District, in the Town of Southold, in the County of Suffolk, New York, pursuant to : Section 202-b of the Town Law. -------------------------------------------------------------X ORDER CALLING PUBLIC HEARING TO BE HELD ON JUNE 3, 2008 May 6, 2008 Page 32 Minutes Southold Town Board Meeting RECITALS WHEREAS, the Town Board of the Town of Southold (herein called “Town Board” and “Town”, respectively), in the County of Suffolk, New York, on behalf of the Southold Solid Waste Management District, heretofore established and now existing in the Town (hereinafter sometimes called “District”), has heretofore determined that it is in the best interests of the Town and the District (i) to improve the existing Transfer Station within the District by constructing an overhead garage door addition to the southwest side of the Station (the “Transfer Station Improvements”), at the estimated maximum cost of $180,500, and (ii) to acquire various equipment, including a trommel screening plant, a compost bagger and shelter, a front-end wheel loader and a walking floor transfer trailer, for use by the District, at the estimated maximum cost of $669,500 (the “Equipment Acquisitions” and together with the Transfer Station Improvements, the “Project”). The estimated total cost of the Project is $850,000, including preliminary costs and costs incidental thereto and to the financing thereof; and WHEREAS, grant funds may be received from the United States of America, the State of New York and any other available sources to pay a part of such cost, and any such grant funds received or to be received, shall be applied towards the cost of said object or purpose or redemption of the bonds and/or notes issued therefor, or shall be budgeted as an offset to the taxes for the payment of the principal and interest on said bonds and/or notes; and WHEREAS, the Town Board and the Town have complied in every respect with all applicable Federal, State and local laws and regulations regarding environmental matters, have given due consideration to the impact that the Project may have upon the environment and, on the basis of such consideration, the Town Board, acting as Lead Agency, pursuant to the New York State Environmental Quality Review Act (hereinafter sometimes called “SEQRA”) has heretofore found and determined that the Project is a Type II Action, no further review is required and/or other applicable documentation has been issued and filed in the office of the Town Clerk; NOW, THEREFORE, BE IT ORDERED, that a meeting of the Town Board of the Town be held at the Town Hall, 53095 Main Road, Southold, New York, in the Town, on the 3rd day of June, 2008, at 7:00 o’clock P.M. (Prevailing Time), to consider the Project at the estimated total cost of $850,000 and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it FURTHER ORDERED, that the Town Clerk (i) publish at least once in the “SUFFOLK TIMES,” a newspaper published in Mattituck, in the Town of Southold and hereby designated as the official newspaper of the Town for such publication, (ii) post on the Town sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law and (iii) mail by first class mail to each owner of taxable real property in the District, a notice of such Exhibit “A public hearing in substantially the form attached hereto designated ” and hereby made a part hereof, the first publication thereof, said posting and said mailing to be not less than ten (10) nor more than twenty (20) days before the date of such public hearing. May 6, 2008 Page 33 Minutes Southold Town Board Meeting DATED: May 6, 2008 TOWN BOARD OF THE TOWN OF SOUTHOLD EXHIBIT A LEGAL NOTICE NOTICE OF PUBLIC HEARING JUNE 3, 2008 WHEREAS, it has been determined by the Town Board (the “Board”) of the Town of Southold (“Town”), Suffolk County, New York, on the 3rd day of June, 2008, to consider the increase and improvement of the facilities of the Southold Solid Waste Management District (“District”), described as (i) to improve the existing Transfer Station within the District by constructing an overhead garage door addition to the southwest side of the transfer station, at the estimated maximum cost of $180,500 (the “Transfer Station Improvements”), and (ii) to acquire various equipment, including a trammel screening plant, a compost bagger and shelter, a front-end wheel loader and a walking floor transfer trailer, for use by the District, at the estimated maximum cost of $669,500 (the “Equipment Acquisitions” and together with the Transfer Station Improvements, the “Project”). The estimated total cost of the Project is $850,000, including preliminary costs and costs incidental thereto and to the financing thereof; provided that grant funds may be received from the United States of America, the State of New York or any other available sources to pay a part of some of such said costs. Pursuant to the New York State Environmental Quality Review Act (“SEQRA”) the Board, as Lead Agency, has determined that the Project is a Type II Action, no further review is required and/or other applicable documentation has been issued and filed in the office of the Town Clerk NOTICE IS HEREBY GIVEN that the Town Board will meet at the Town Hall, 7:00 o’clock P.M. (Prevailing Time), on June 3, 53095 Main Road, Southold, New York, at 2008 , for the purpose of conducting a public hearing to consider the Project, as hereinabove described. At said public hearing, the Town Board will hear all persons interested in said subject matter thereof concerning the same. Dated: May 6, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK Elizabeth A. Neville Southold Town Clerk May 6, 2008 Page 34 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-487 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-489 CATEGORY: Property Acquisition Public Hearing DEPARTMENT: Land Preservation Peconic Land Trust (Charnews) Public Hearing Set for May 20, 2008 at 4:40 PM RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold sets Tuesday, May 20, 2008, at 4:40 p.m., Southold Town Hall, 53095 Main Road, hereby Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Peconic Land Trust, Incorporated, and being formerly known as the Charnews property. The property is identified as part of SCTM #1000-63-1-25. The address is 3005 Youngs Avenue in the R-80 zoning district and located on the westerly side of Youngs Avenue approximately 450 feet from the intersection of Youngs Avenue and County Road 48 in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 19.4± acres (subject to survey) of the 23.4± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $80,000 (eighty thousand dollars) per buildable acre for the 19.4± acre easement plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town’s Community Preservation Project Plan as property that should be preserved due to its agricultural value; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned May 6, 2008 Page 35 Minutes Southold Town Board Meeting parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. ? Vote Record - Resolution RES-2008-489 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-490 CATEGORY: Seqra DEPARTMENT: Town Attorney Solid Waste Management District Bond Type II SEQRA RESOLVEDfinds that the “financing of that the Town Board of the Town of Southold hereby the increase and improvement of the Southold Solid Waste Management District by the issuance of serial bonds and/or notes in an amount not to exceed $850,000” is classified as a Type II Action pursuant to SEQRA Rules and Regulations , 6 NYCRR Section 617.5, is not subject to review under SEQRA, and is exempt from review under Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. ? Vote Record - Resolution RES-2008-490 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-491 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Amend Resolution No. 2008-423 Adopted April 30, 2008 by Changing the Budget Line from the Planning Department Consultant Budget Line to Grant Writer Budget Line May 6, 2008 Page 36 Minutes Southold Town Board Meeting RESOLVED amend Resolution No. 2008-423 adopted April 30, 2008 by changing the to budget line from the Planning Department Consultant budget line to Grant Writer budget line as follows: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to sign an Agreement with The RBA Group to prepare the grant application for the Transportation Enhancements Program (TEP) in support of the Hamlet Implementation Plan in the amount of $11,000.00 to be paid from the Planning Department Grant Writer(A.1220.4.500.100) Consultant Budget Line in accordance with approval of the Town Attorney. ? Vote Record - Resolution RES-2008-491 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-492 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Agreement Between the Town of Southold and a Town Employee is Ratified and Approved BE IT RESOLVEDagreement between the Town of Southold and a Town employee that an is hereby ratified and approved . ? Vote Record - Resolution RES-2008-492 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-493 CATEGORY: Landfill Misc. DEPARTMENT: Town Clerk May 6, 2008 Page 37 Minutes Southold Town Board Meeting Rescind Tipping Fee for Loose Leaves loose RESOLVEDrescinds the tip fee on that the Town Board of the Town of Southold hereby leaves from the $10.00 per ton currently being charged at the Southold Town Transfer Station, effective immediately. ? Vote Record - Resolution RES-2008-493 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-494 CATEGORY: Consulting DEPARTMENT: Town Attorney Authorize and Direct Supervisor Scott A. Russell to Retain the Services of William Cremers to Assist the Planning Board as a Consultant RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to retain the services of William Cremers to assist the Planning Board as a consultant , at the discretion of the Planning Board at a rate of $80.00 per hour, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-494 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-495 CATEGORY: Policies DEPARTMENT: Recreation Accept New Park & Rec. Use Policy May 6, 2008 Page 38 Minutes Southold Town Board Meeting RESOLVEDadopts an Active Parks and the Town Board of the Town of Southold hereby Recreation Fields Use and Fee Policy. ? Vote Record - Resolution RES-2008-495 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-496 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification - Transportation Fiscal Impact: This budget modification is being done to cover the yearly salary of the Chairman of the Transportation Commission RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund, Whole Town budget as follows: FROM : A.1220.4.500.100 Supervisor, C.E. $2,000.00 Grants Administration TO : A.1010.1.200.100 Town Board, P.S. $2,000.00 Regular Earnings (Transportation Commission) ? Vote Record - Resolution RES-2008-496 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-497 CATEGORY: Employment - Town May 6, 2008 Page 39 Minutes Southold Town Board Meeting DEPARTMENT: Town Clerk Chairperson Transportation Commission RESOLVEDthe Chairperson of the Southold Town Transportation Commission shall that be paid a salary of $2,500.00 per annum, effective January 1, 2008 through December 31, 2008 and the same shall be paid in regular bi-weekly payments, plus expenses. ? Vote Record - Resolution RES-2008-497 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-498 CATEGORY: Seqra DEPARTMENT: Land Preservation Paradise Point SEQRA WHEREAS , the Town Board of the Town of Southold wishes to purchase properties owned by Paradise Point Holding Corp. and VJ Development Corp. for open space purposes pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Code of the Town of Southold. Said properties are identified, respectively, as SCTM #1000-81-2-5 and #1000-79-8-16.The addresses of the properties are, respectively, 695 Paradise Point Road and 10250 North Bayview Road in Southold. Both properties are located in the A-C zoning district. The adjoining parcels begin approximately 1200 feet in two separate southerly directions from the intersection where Paradise Point Road and North Bayview Road meet with one being along the westerly side of Paradise Point Road, the other being along the southerly side of North Bayview Road. The proposed acquisition is for the Town to acquire fee title to the entire 21.907± acres of the combined lots for open space purposes; and WHEREAS , the property is listed on the Town’s Community Preservation Project Plan List of May 6, 2008 Page 40 Minutes Southold Town Board Meeting Eligible Parcels as land that should be preserved for purposes of open space and wetlands protection. Proposed uses of the property may be the establishment of a nature preserve or as a passive recreational area with trails and limited parking for access purposes; and WHEREAS , as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator has calculated that 12 Sanitary Flow Credits may be available for transfer from these parcels upon the Town’s purchase of these properties. The transfer of the Sanitary Flow Credits into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on the properties, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVEDfinds no significant impact that the Town Board of the Town of Southold hereby on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. ? Vote Record - Resolution RES-2008-498 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 44. Statement May 6, 2008 Page 41 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: I just want to do something before we go into public hearing. I know, I am sorry Mr. Knoll, I see your attorney is here, I apologize if he is on the clock but I want to take care of some other business. We have actually someone who is on this dais was honored just the other day. Elizabeth 'Betty' Neville received New York State District 1 Town Clerk of the Year. A proclamation was presented to her as a surprise at a recent awards ceremony. I will just let you know that the Town Board of the Town of Southold hereby congratulates Elizabeth A. Neville on being honored by New York States Town Clerk Association as Town Clerk of the Year and expresses sincere appreciation for her commitment to public service. That was dated April 26, 2008. Congratulations to Betty. She is being recognized by the entire state. TOWN CLERK NEVILLE: Thank you, Mr. Supervisor, Town Board and everyone in the Town of Southold. It has been a pleasure serving you over many years and I look forward to serving you in the future. Thank you. 2008-499 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation Paradise Point Elect to Purchase WHEREAS , the Town Board of the Town of Southold held a public hearing on the question of the purchase of the properties owned by Paradise Point Holding Corp. and VJ Development th Corp. on this 6 day of May, 2008, pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS , said properties are identified, respectively, as SCTM #1000-81-2-5 and #1000-79- 8-16. The addresses of the properties are, respectively, 695 Paradise Point Road and 10250 North Bayview Road in Southold. Both properties are located in the A-C zoning district. The adjoining parcels begin approximately 1200 feet in two separate southerly directions from the intersection where Paradise Point Road and North Bayview road meet with one being along the westerly side of Paradise Point Road, the other being along the southerly side of North Bayview Road. The proposed acquisition is for the Town to acquire fee title to the entire 21.907± acres of the combined lots for open space purposes. The exact area of the acquisition is subject to a Town provided survey; and WHEREAS , the purchase price for the entire 21.907± acres of the combined properties is May 6, 2008 Page 42 Minutes Southold Town Board Meeting $2,604,000.00 (two million six hundred four thousand dollars). The purchase will be funded by the Town’s Community Preservation Fund; and WHEREAS , the properties are listed on the Town’s Community Preservation Project Plan List of Eligible Parcels as properties that should be preserved for purposes of open space and wetlands protection. Proposed uses of the property may be the establishment of a nature preserve or as a passive recreational area with trails and limited parking for access purposes; and WHEREAS , the purchase of this property is in conformance with the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code; and WHEREAS ,the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended to the Town Board that this action is consistent with the LWRP; and WHEREAS , as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator has calculated that 12 Sanitary Flow Credits may be available for transfer from these parcels upon the Town’s purchase of these properties. The transfer of the Sanitary Flow Credit into the TDR Bank will not be finalized, and shall not occur, until the Town closes on these properties, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank; and WHEREAS ,the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire these properties; and WHEREAS , the Town Board deems it in the best public interest that the Town of Southold purchase fee title to the subject properties for the purpose of open space and wetlands protection; now, therefore, be it RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of May 6, 2008 Page 43 Minutes Southold Town Board Meeting elects to purchase the properties owned Paradise Point Holding Corp. and Southold hereby VJ Development Corp .Said properties are identified, respectively, as SCTM #1000-81-2-5 and #1000-79-8-16.The addresses are, respectively,695 Paradise Point Road and 10250 North Bayview Road in Southold. Both properties are locatedin the A-C zoning district. The adjoining parcels begin approximately 1200 feet in two separate southerly directions from the intersection where Paradise Point Road and North Bayview Road meet with one being along the westerly side of Paradise Point Road, the other being along the southerly side of North Bayview Road. The proposed acquisition is for the Town to acquire fee title to the entire 21.907± acres of the combined lots open space purposes. The exact area of the acquisition is subject to a Town provided survey. Proposed uses of the properties may be the establishment of a nature preserve or as a passive recreational area with trails and limited parking for access purposes. The purchase price for the combined lots equaling 21.907± acres is $2,604,000.00 (two million six hundred four thousand dollars) and the purchase will be funded by the Town’s Community Preservation Fund. Town funding for this purchase is in conformance with the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code; The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended to the Town Board, and the Town Board has hereby determined that this action is consistent with the LWRP. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator has calculated that 12 Sanitary Flow Credits may be available for transfer from these properties upon the Town’s purchase of these properties. The transfer of Sanitary Flow Credits into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on these properties, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank. ? Vote Record - Resolution RES-2008-499 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded May 6, 2008 Page 44 Minutes Southold Town Board Meeting VI. Public Hearings Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board recessed at 5:21 PM in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell PH 5/6/08 @ 4:35 PM - Paradise Pt Holding COMMENTS - Current Meeting: NOTICE IS HEREBY GIVEN COUNCILMAN WICKHAM: that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of ets Tuesday, May 6, 2008, at the Town Code, the Town Board of the Town of Southold hereby s 4:35 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of the properties owned by Paradise Point Holding Corp. and VJ Development Corp . Said properties are identified, respectively, as SCTM #1000-81-2-5 and SCTM #1000-79-8-16. The addresses of the properties are, respectively, 695 Paradise Point Road and 10250 North Bayview Road in Southold. Both parcels are located in the A-C zoning district. The adjoining parcels begin approximately 1200 feet in two separate southerly directions from the intersection where Paradise Point Road and North Bayview Road meet with one parcel being located along the westerly side of Paradise Point Road, the other parcel being located along the southerly side of North Bayview Road. The proposed acquisition is for the Town to acquire fee title to the entire 21.907± acres of the combined lots for open space purposes. The exact area of the acquisition is subject to a Town provided survey. The purchase price for the combined lots equaling 21.907± acres is $2,604,000 (two million six hundred four thousand dollars) and the purchase will be funded by the Community Preservation Fund. The property is listed on the Town’s Community Preservation Project Plan as property that should be preserved for purposes of open space and wetlands protection. Proposed uses of the property may include the establishment of a nature preserve or as a passive recreational area with trails and limited parking for access purposes. As per Chapter 117.5 (Transfer of Development Rights) of the Code of the Town of Southold, May 6, 2008 Page 45 Minutes Southold Town Board Meeting Section 87-5, the Land Preservation Coordinator has calculated that 12 Sanitary Flow Credits may be available for transfer from these parcels upon the Town’s purchase of these properties. The transfer of the Sanitary Flow Credits into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on these properties, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have a notice that this has appeared as a legal in the local newspaper, namely the Suffolk Times, I have a notice that it has appeared on the Town Clerk’s bulletin board outside there. And a memo from Mark Terry, the LWRP coordinator dated May 5. ‘The proposed acquisition is for the Town to acquire fee title to the entire 21.9 acres of these lots for open space purposes. Based upon the information provided on the LWRP consistency assessment forms submitted to the department, as well as records available to me, it is my recommendation that the proposed action is consistent with the policy standards and therefore is consistent with the LWRP.’ And I believe that those are the only notices and information in the file. COUNCILMAN ORLANDO: Mr. Supervisor, before you get started. Like I stated, I have a financial interest in this property, so I am going to recuse myself from this public hearing and remove myself from the dais. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this acquisition? John Sepenoski. JOHN SEPENOSKI: John Sepenoski, Chair of the Land Preservation Committee. There are a few things I would like to point out on this project. Tom hit most of the details in the resolution but there are a few other things I would like to point out and reiterate to everyone. The 21 acres we will be preserving here are made up of two separate tax parcels. One is the 19 acre parcel that had been moving through out subdivision process for a five lot subdivision known as Tall Pines. The other is an existing two acre building lot that is adjacent to that property. This project will be preserving 100% of both parcels with no new building lots created at all. I believe most people already know about the environmental significance of this property since it was going through our planning process. So I am not going to recap that here but I do want to point out one thing, although the Town, County, State all have substantial open space holdings in town, none of them are similar to this property. That is how unique it is within Southold. Uses of this property will be restricted to passive recreational uses which will include a hiking trail. Stewardship management plan will be developed by the Town Stewardship Group for this property. The Town, County, Peconic Land Trust all have other preserves in this area and the long term plan for this new property to be integrated into a neighborhood system of hiking trails. Finally, the Land Preservation Committee would like to thank Mr. Miller and Mr. Orlando for preserving their property. Ultimately they are the stars in this production. We are supporting players since without their willingness to preserve their property there would have been no May 6, 2008 Page 46 Minutes Southold Town Board Meeting project for us to work on. Thank you. SUPERVISOR RUSSELL: Thank you, John. Would anybody else like to come up and address the Town Board on this acquisition? BOB GAZZA: Good evening, my name is Bob Gazza, I live in Cedar Beach. I completely agree that this property is very unique and I very strongly urge that we try to preserve it and the only thing that I wanted to add to what John just said is that an investment in this property not only preserves this property but it is going to be protecting Cedar Beach creek because this property slopes southwesterly and it all slopes into a saltwater marsh that empties under Cedar Beach Road into Cedar Beach creek and if there is any development in there, I know people are supposed to be careful with mosquito sprays and pesticides and so on but I am just afraid that any houses in there, it is going to wind up in the creek. And this creek is probably one of the cleanest creeks on Long Island. I mean, we still have oysters in this creek. It is amazing how clean it is. The last couple of evenings we have had weakfish in there spawning. The opened up the inlet a little bit more over the winter and it has just been terrific. The water is beautiful and I just strongly urge that we try to preserve it if we can and protect the creek also. Thank you. SUPERVISOR RUSSELL: Thank you. Mr. Wills? FRANK WILLS: Frank Wills, Mattituck. On behalf of the North Fork Environmental Council, we would like to commend the Town and the land acquisition group for all the work that was involved in acquiring this property. And we should favor that the Town vote yes to acquire this property. Congratulations. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board on this acquisition? DOUG HARDY: Doug Hardy, Southold. The Board is presented with a unique opportunity to preserve something that is quite remarkable and I wish that the Board would support it. Thank you. SUPERVISOR RUSSELL: Thank you, Mr. Hardy. Would anybody else like to come up and address the Town Board? BENJA SCHWARTZ: Evening. I am Benja Schwartz from Cutchogue. I haven’t been to this property that is the subject of this hearing tonight, I have been to that area and from everything I have heard it is as truly unique, although every property is unique, this one is truly unique in ways that I think that the preservation of it serves much more than the immediate neighborhood. It serves the entire Town of Southold and I would like to thank everyone who has had a part in bringing this to the point where we are tonight. The story will not be over tonight, I would like to invite everybody to participate in the continuing saga of the one, could be a bright spot in this also, is that there are some development rights that are being transferred from this property. The twelve sanitary flow credits and I would like to ask if anybody would like to discuss where they will be or how they will be managed or where they would be transferred to and I hope that we May 6, 2008 Page 47 Minutes Southold Town Board Meeting make wise use of those credits. SUPERVISOR RUSSELL: Sure. The specific sanitary flow credits that are transferred out have to be used for affordable housing purposes only. They sit with the Town in a bank, the bank is districted school district by school district. If the opportunity comes up in the future to create affordable housing and there is an issue with septic flow, for instance the Cottages in Mattituck was an example of that, the sanitary flow credits can be transferred to that parcel for the creation of the affordable housing. Or if someone wants to buy the sanitary flow credits to create an accessory apartment that is affordable. For instance, what happened next door here, to the building that was renovated, they had to purchase a sanitary flow credit and then were able to create an affordable rental apartment over that particular property. It cannot be used for the transfer of development rights for any other purpose. It has to be used for affordable housing only in AHD, affordable housing district. MR. SCHWARTZ: Thank you for that. SUPERVISOR RUSSELL: Thank you, Benja. Would anyone else like to address the Town Board? JOHN KENDALL: John Kendall, Southold. I just wanted to say that the Town has been very good or very instrumental in acquiring quite a few of these unique pieces of property and this is just one example. They have been doing a good job in the past. I just hope that they will do their very best in the future to acquire as many as these pieces that come up because I think we have to preserve some of our town, county aspect. So I hope we see much more of this transpiring in the future. SUPERVISOR RUSSELL: Allison? ALLISON MAHAFFY: Allison Mahaffy. I just want to say thank you so much for this, this is such a great thing. I live in Southold. I live in Bayview and it is such an over-populated area, there are so many school buses that go by in the morning picking up kids and my kids tell me that the buses are crowded, they are full of kids and just to have some open space for them and for me. I am so thrilled. I am so thrilled with the owners, I just, it is beyond words. To save this piece of land, it is such a unique piece of land. You can see on t he map it is just the most beautiful forest in the world and it is so close to so many of us. We can use it so easily, we can walk to it, we don’t have to drive to it to go to a park. I want to say thank you to the Land Preservation people, too. Thank you. SUPERVISOR RUSSELL: Thank you, Allison. I have to tell you, when I was, when this was going through this year, Allison said you have got to get out, you have got to walk this site. And I did just that with Allison and Heather Tetrault and I do have to agree that it is nothing like it and I have seen most of the properties out here as an Assessor for some many years. There is just absolutely nothing like it in Southold. SHARON SHINE: Hi, I am Sharon Shine from Southold, also supporting the purchase of land. May 6, 2008 Page 48 Minutes Southold Town Board Meeting I also walked it with Heather. I just want to question about the transfer of development right with the septic part of it. SUPERVISOR RUSSELL: Mmmhmm. MS. SHINE: When the money comes in, it may be in 10 years, it may be like never; you are saying, right? SUPERVISOR RUSSELL: Yeah, it sits in a bank. MS. SHINE: For affordable housing. Does that money jump back into preservation? SUPERVISOR RUSSELL: The 12-5? Yes, it does. We are capped out at what we charge because the goal of that sanitary flow is to create affordable housing opportunities. So it is not a market transaction. We set the price, I believe, right now at $12,500 per sanitary flow credit. The idea is that we have to charge something but at the same time you don’t want to defeat the very reason for creating that bank. MS. SHINE: And that money goes back… SUPERVISOR RUSSELL: That money goes back into preservation. MS. SHINE: Okay. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board? ERIC HEACOCK: Hi, Eric Heacock. I just want to thank the Miller family and Vincent Orlando and the Town Board and everyone who has put effort into making this possibly happen. I think it is a really a good thing for the town and for everybody. I just wanted to come out tonight and say thank you. SUPERVISOR RUSSELL: Thank you. JOHN ABLE: Hi, I am John Able from Southold. I would encourage the Board to support this resolution. I live in the Harbor Lights section, right near this property and I am a walker and I frequently walk past it. As I told the Board before, this is really the heart and soul of Great Hog Neck and it is a vital thing, I think, to preserve and I am very happy with this agreement and I think there is an expense but I think it is an investment for the future and the future of the Town of Southold. Thank you. SUPERVISOR RUSSELL: Thank you. We are being friendly tonight, so I will let you speak as long as you like. Would anybody else like to address the Town Board? HEATHER CUSACK: Hi, I am Heather Cusack. I just want to support what everyone else said. May 6, 2008 Page 49 Minutes Southold Town Board Meeting It is a unique and beautiful piece of land. I hope this does go through and if it does that you all get an opportunity to take your families there and see the trees and the salamanders and the turtles and it is also a great place for our water supply for that area. And again, thank you so much, to the owners for working so hard on this and to the Planning Board and the Land Preservation and the Town Board. Thank you. SUPERVISOR RUSSELL: Thank you very much, Heather. Anybody else? (No response) Can I get a motion to close? RESOLVED that this public hearing is hereby declared closed at 6:14PM RESULT: CLOSED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Supervisor Russell SUPERVISOR RUSSELL: That concludes the business. Would anybody like to address the Town Board on any issue? Okay, go ahead, Benja. Benja Schwartz, Cutchogue BENJA SCHWARTZ: Benja Schwartz in Cutchogue. I will give everyone a minute to leave, although we are talking about another piece of property that was trying to preserve. Should we wait for Councilman Orlando? SUPERVISOR RUSSELL: Yeah, could somebody please tell….? Yeah, he’ll get back in. Pete? Supt Highways Peter Harris PETER HARRIS, SUPERINTENDENT OF HIGHWAYS: Good evening, ladies and gentlemen. Pete Harris, Superintendent of Highways, Town of Southold. Just have a couple of quick items I would like to address. The Southold Town clean-up is in the Cutchogue, we are finishing up Nassau Point, we have got maybe a half a day in Nassau Point. The other crews are in Cutchogue. We are progressing along slowly, there is a tremendous amount of material out there. I would like to say, however, for any of the residents east of the Cutchogue area that have put material out, whether it be bags of leaves whatever have you, it was clearly stated in our advertising both radio, print, the Town channel 22; it gives everyone a clear understanding of once we have been through an area, we will not return. And this, there are people in this township that feel, I presume, that if we go ahead and put it out even though we missed it, they will come back anyhow. I don’t, you know, I really don’t know how to address this. I certainly do not want this township to look like a dumping ground but the Highway Department has many, many tasks to do. We are probably looking at least two more weeks before we totally complete the cleanup but the residents need to work with government to make this work and you know, if everyone that goes to put material out, if they look up and down their street and they see it is all gone, it doesn’t take a rocket scientist to understand that it is done. You missed it. Whether you have to get it there the best way you know how but just don’t go and dump it on the side of the road thinking full well that the Town is going to come back. So, I just want everyone out there that will be tuning into this Town Board meeting to please, do your level best to make the town May 6, 2008 Page 50 Minutes Southold Town Board Meeting look as nice as we want it to do. We provided the service, everyone that took advantage of it fine but for everyone that is taking advantage of it, in a negative aspect please, do the Town a favor and get rid of your material. The second item is the, item 475 that was addressed earlier from tonight’s meeting, the consolidated highway CHIPS funding of $95,487.64, this additional funding was spearheaded through the New York State Highway Superintendents Association that lobbied in Albany during the budget proceedings. The fact that we have one of the Highway Superintendent’s in fact, Mr. Mark Ketcham, who is the Superintendent from Shelter Island, he sits on the Board of Directors for the New York State Highway Superintendent’s Association and they lobbied ongoing with the state lawmakers and said to them, listen, you know, you people need to ante up more money. The cost of doing business has gone through the roof and the funding that we have in place right now is just not enough to get the work done. So I applaud them for getting the lawmakers to put additional funding in this CHIPS program because this money is spent on any project that has at least a 10 year lifespan. It is, and so it is, only the money can be used for sidewalks, for road resurfacing but anything, it has to have a 10 year lifespan. So I just wanted to let the audience and the Town Board, if they didn’t know, how this appropriation came about. But it was through the diligent efforts of the New York State Highway Superintendents Association. And with that, I will turn it over to Benja. Joan Egan SUPERVISOR RUSSELL: Thank you, Peter. Mrs. Egan? JOAN EGAN: Joan Egan again. I will try to run through this quickly. Cell phones, please, it is unreal the flagrant disrespect of the law that says no cell phones while driving. I don’t know, I haven’t seen it in the paper but I know it for a fact that seniors get a senior discount at Cablevision. You have to go up there and apply it. You can call and find out what paperwork you need bring with you but it works and we do have to do something, Supervisor, about the volume control on 22. It is not working properly. We are not getting enough. SUPERVISOR RUSSELL: The broadcast of this program? Or just in general? MS. EGAN: Ours works, you know, Southold’s works pretty well. There whole new system of volume is bad but you cannot really hear the Greenport Town Board speaking properly and they have done something about their acoustics so it is truly not their fault. And again, the runoff soil, I don’t know if Mr. Code Enforcer can’t enforce it I guess. He can but he doesn’t have the time. On the item of lifeguards and other people doing things for the Town, they were given free passes for parking. I hope they are non-transferable and I hope you can keep them busy doing something. Something seemed to be evolving which I am sure some of you are aware of, of New York State and the government gives subsidies to farmers which is great and appropriate. Unfortunately, I believe New York State now and the federal government will not give farmers subsidies if they are hiring illegals or undocumented workers. Now I have been noticing that a lot of places are not farming as much as they had. And with the projection of jobs available for the 2008 college graduates, maybe they will take these jobs. Keep them busy. We have a terrible water shortage out here and I hope people will not put on their in ground sprinkler systems and certainly, if they do, please god they won’t have them working in the rain. Bye bye. SUPERVISOR RUSSELL: Thank you. Would anyone else like to come up and address the May 6, 2008 Page 51 Minutes Southold Town Board Meeting Town Board? Benja? Benja Schwartz MR. SCHWARTZ: Good evening, Scott. How are you? SUPERVISOR RUSSELL: Good. How are you? MR. SCHWARTZ: This item on Stillwater lifeguards? Shouldn’t it be Pequash? SUPERVISOR RUSSELL: Stillwater lifeguards would be at all the town beaches. Any lifeguard that works for the Town because it is an open beach needs a Stillwater permit or a Stillwater certificate from the Red Cross. MR. SCHWARTZ: Not Stillwater Avenue? SUPERVISOR RUSSELL: No. MR. SCHWARTZ: Well, I am going to go back to the property I have been here talking about before, the Heritage. Over the last week, sorry I missed you two weeks ago, I was away in Florida, it was great to get away but it is great to get back. I just can’t tell you how much this place, it is a very special place and one of the special parts of Southold Town is in the center of Cutchogue hamlet. Very few people really know this property very well because it is not on any road. There is one driveway that goes into this property but the property is located in the center of a large farm lot. Have any of the Town Board members been to the property that we are talking about? You have walked around on the property? Okay. I encourage you, I walked all around the property, several of the neighboring property owners invited me to go on their land to look at the property and it is not pure, natural wild property like the Tall Pines Woods but it is a very beautiful spot. It is very quiet there, it is farmland that hasn’t been farmed in 25 years but as I am sure you are aware, we have some of the best farmland in the world, certainly in New York State here on the north fork and I don’t know if there is another piece of farmland that’s better than these 46 acres. I am looking into that. I will report back to you another time. Now, Scott, you and I had some words on the telephone. You accused me of saying, that I was lying when I said that you are not doing anything. SUPERVISOR RUSSELL: No, actually, specifically you had actually accused me of double speak in that I originally said that it was too late to do anything and then I said, now I am saying we can do this, we can do that. When in fact, my position has been consistent from the very beginning. It wasn’t too late to do anything. It was too late to rezone the property and do that successfully. I don’t mind losing in court but what would we lose in the process? We have already gotten concessions from the developer, from it’s I guess the yield… MR. SCHWARTZ: Well, with all due respect, Mr. Supervisor, I take offense when the Supervisor or any member of the Town Board pre-judges the potential of a lawsuit. You never know who is going to win. The last lawsuit that was brought by the predecessors in interest of the current owner and contract vendee, they lost. The Town won. And I believe that if we did do something, that we would be well within our rights, that every member, every resident of May 6, 2008 Page 52 Minutes Southold Town Board Meeting Southold Town has a right to see this Board take seriously their role as legislative and a judicial body. And I would like to explain to you a little bit, because when I wasn’t here I saw the video of the movie and you said you didn’t know what we wanted now. SUPERVISOR RUSSELL: Nope. MR. SCHWARTZ: Whether we wanted preservation or purchase or what was the plan. So I would like to explain that to you briefly if I may. SUPERVISOR RUSSELL: Sure. MR. SCHWARTZ: First I have a little picture that I have prepared here, which shows the branches of government. I even have some little (inaudible) I have only got a few of these laminated copies. But as you can see, as you know there are three branches of government. In this case, the only one that is active, that has a cog attached to it is the judicial. The judicial branch of government essentially reviews applications that are already made, that it is looking at the past and making a judgment. It is applying laws that have been made to an application in the present. But it is kind of a last resort in terms of government powers. The legislative power to make laws, is I think probably the, supposedly all three powers are equal but, you know, what does that mean? I am not going to go into a big, long lecture in detail. I have given you the pictures, I could make an analogy. I was trying to think of a good analogy. I always wanted to have one of those big tricycles, you know. A tricycle has three wheels. I do ride a unicycle. I don’t know if you ever remember me riding the unicycle but if you took a tricycle and tried to ride it on one wheel, that is like trying to run government on one of the three powers. So same as all the various techniques and tools of land preservation are not, you pick one or the other or the other, you need to consider rezoning, possible purchase and also review of applications under current law. Most of these processes can happen at the same time, there is interaction. If you see fit to impose a moratorium, that would put a halt to the current plans. So what can we do? Well, I wrote a letter to the Land Preservation Committee and I was here speaking to the Town Board four weeks, a month ago and I asked the Supervisor to contact the contract vendee or the owner or both to try and see, negotiate possible purchase of this property. You don’t know until you try. The property that you just agreed to purchase was originally not even considered because someone thought it would be too expensive. So they never even investigated it. They never even looked into it. I am hoping we are not going to make the same mistake here. Supervisor Russell has said many times that he has been negotiating. Of course, he is only negotiating certain terms and not you know, other terms that might be more successful. I don’t believe, I don’t know what you, how you, I would like to know about your negotiations, if they are a matter of public record, maybe I will make a Freedom of Information Law request. SUPERVISOR RUSSELL: You are welcome to, Benja. I take you in my office and I explain to you everything I do and that is the problem. You said that I didn’t want to do anything but when we sat in my office and we outlined what we wanted to do as a Town Board… MR. SCHWARTZ: What did you do with this? May 6, 2008 Page 53 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: What is that? I actually called the attorney of record and talked to him about the outright sale of the parcel for preservation. I did not presume the Town would be interested in buying it outright until we had numbers but I did call him because you had mentioned that you had referenced that in the EIS. MR. SCHWARTZ: And? SUPERVISOR RUSSELL: And he said no, the contract vendee is interested in developing the property, he knows what he wants. He has submitted a map. He didn’t go through this whole exercise just to sell the property. Now there are two separate parties here. So what we did is we instructed the Land Preservation Committee to reach out to both parties. The owner of record and the contract vendee, and send them applications to see if we can spark interest in that regard. MR. SCHWARTZ: Why do we have four written statements from the agent for the contract vendee saying that he is interested in selling the property and that the Town has never contacted him to offer to buy the property? SUPERVISOR RUSSELL: The contract vendee or the owner of the record? I thought it referenced the owner in the EIS statement? It referenced the property owner not the contract vendee. And that is, as an attorney you know that gets complicated. We just reached out to both parties to see what interest is there. MR. SCHWARTZ: And did you write them a letter or…? SUPERVISOR RUSSELL: We are sending them a letter through the Land Preservation Department with an application. MR. SCHWARTZ: Well, I would like to see that. I would like to follow up on that. Would you like a copy of the letter that I gave to the Land Preservation Department? SUPERVISOR RUSSELL: Oh, that was given to us by the Land Preservation Department. MR. SCHWARTZ: Okay. Thank you. The other thing that I found very worthy of note in the Draft Environmental Impact statement, when I finally got down to page 500 or whatever it was, was that the developer says there and I quote “The Town of Southold does not have a current adopted master or comprehensive land use plan that specifically articulates the future vision of the community” SUPERVISOR RUSSELL: That is factually incorrect. MR. SCHWARTZ: Well, I thought it was incorrect, too. So I looked into it and I reviewed all of the plans. And I agree with him. There is no current master plan. In fact, the State of New York recommends that a town have a master plan and in reviewing that section of the law I thought it was worthy of note. Can I give you a copy of that? On the comprehensive plan, what the State of New York has to say about that. May 6, 2008 Page 54 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Thank you. MR. SCHWARTZ: Because to be honest, I discussed this issue of the comprehensive plan with some of the individuals in town who have been involved in land preservation for a long time. And some of them expressed some reservations the utility and the importance and the potential for a comprehensive plan but I think, you know, you fail once, you fail twice, if you look at the planning in the Town of Southold right now, we asked the developer of this parcel to consider how some 30 odd different plans affected this proposal? The State of New York does not require a comprehensive master plan but by the definition in law of New York State, Southold Town does not have a current express master plan or comprehensive plan. One of the expectations in the law here, is that there be a periodic review and reconsideration and updating. So I think when you say we have a master plan you are talking about something that is 30 years old… SUPERVISOR RUSSELL: 1989 it was adopted by the Town Board. MR. SCHWARTZ: 90. I think there has been some changes since then. SUPERVISOR RUSSELL: Well, what you are saying is we don’t have a comprehensive plan. What I am suggesting, we do. We need an updated one but we have a comprehensive plan and we have had a series of smaller planning initiatives over the years. That needs to all be considered in my decision making. I don’t have the luxury of saying let’s rezone it and hope for the best. I am spending taxpayer money and I am worried about ramifications, so we are doing this as best we can artfully. The problem is, again, getting back to the…. MR. SCHWARTZ: Nobody is asking you to rezone it and hope for the best. Now wait a second. One of the plans, which is part of one of our many plans which together constitute this supposed comprehensive plan, which implies that they are consistent and they are not. One of them is the Local Waterfront Revitalization program. SUPERVISOR RUSSELL: Right. MR. SCHWARTZ: And there is a paragraph here from that where Valerie Scopaz explains how this type of development is not normal, is not usual and it does not belong in Southold Town. It doesn’t fit in with our community in Southold Town. Can I read it to you? SUPERVISOR RUSSELL: Yes. That would be inconsistent with what Valerie has told me directly. MR. SCHWARTZ: “Residential development in the Southold Town traditionally has not followed the patterns typical to suburban towns to the west, with few exceptions, subdivisions in Southold were designed and sold as vacant lots; not as built lots. This is a significant contrast to the situation where a builder or a construction company will acquire land, subdivide it, proceed to build out the entire subdivision within a set time period.” As is the case with the Heritage, where they want to build 25 copies each of five different plans. The end result of the latter May 6, 2008 Page 55 Minutes Southold Town Board Meeting approach is an instant “community” where all the homes are a similar age and architecture. And then she goes on to say that this type of cookie cutter approach is becoming more common in Southold with the development pressures and she says these subdivisions are typically found on the outskirts of the hamlets on formerly farmed land. She could have been talking about this property. I don’t want to take up more of your time than is productive here but there was one other thing that I wanted to more of your time than is productive here but there was one other thing that I just wanted to mention in terms of the comprehensive planning. And I mean, we could go on for days and days. 1994, I don’t know who was on the Town Board but somebody commissioned or asked the Planning Board to study the hamlet density zones in town and they came up with the conclusion that this land was zoned appropriately. There is no facts, no rational discussion to back up that conclusion in their document. All they say is this property is zoned appropriately. It says ‘the current zoning of this parcel is in keeping with the goals and objectives of the Town’s comprehensive of master plan’ but they don’t say what the comprehensive or master plan is. And with all due respect, if it was in compliance or in keeping with the goals and objectives of the comprehensive master plan, that changed when we had the hamlet zoning initiatives and they said, let’s put the zoning in the hamlets. True, we might want to expand the hamlets but there is a difference between expanding the hamlet with its commercial and all of its various multiple uses and just surrounding it with houses. Surrounding it with houses is, I think, completely against all of the planning that has been done for Southold Town that I have been reading through all of these plans and also, it violates the traditional character of our town in which the hamlets were developed and they were surrounded with farms. I am not the only one. The Town Attorney was quoted in the paper as saying that the development of this property, under the current laws, this is not exactly what she said but essentially that the development of this property under current law would forever change the character of Southold Town. Forget who it was who said this is one of the largest residential developments. I am not asking you to decide to rezone, I just want you to consider it. Imposing a moratorium would give the Town time to consider that, time for the developer to consider maybe selling the property. One of the problems right now with buying the property is if the developer thinks he can have four houses per acre, I don’t know if that is the highest density in the Town of Southold. I think there are some parts of Southold Town that have similar density but it is certainly one of the highest, if not the highest density in every where except for maybe Greenport Village or something. And there is nothing wrong with high density but here we have something which the land that god made that man took and turned it into a farm and now we are going to turn it into a housing development without even considering the fact of how this will not just directly impact the community but how the community will interact with this. The idea of doing more than one of, looking at preservation and development in more than one way is well established. I was looking through some different studies, this one says PDR should not be used to buy our way out of bad zonings. Techniques must compliment each other. Not be substitutes. Well, yes, if we did an appraisal right now and they based it only on 4 acre zoning, it would be an expensive purchase. Still might be cheaper than allowing these plans to go forward and developing it as a residential development. The study continues, there is ample evidence that new residential development costs more to service than it generates in new property tax revenue. Especially if it is condominium development which gets a tax break pursuant to a law which the opponents of have pointed out that there is no rational reason why we should subsidize people who own condominiums. I mean, affordable housing is one thing. Low income people, it makes May 6, 2008 Page 56 Minutes Southold Town Board Meeting sense for the government to help them. But why are we subsidizing people who want to live in a condominium? You know, that is like the myth that this proposed development is to serve the needs of seniors, active seniors, starting at 55. I mean, I don’t think that that is a group that we really need to bend over backward to subsidize. You know, just in closing, I would like to go back to the concept that calling this development the Heritage at Cutchogue, again, you know, heritage. What does it mean? We have inherited from our ancestors, our heritage and we will bequeath to our descendants their heritage but this is neither. The other thing that the developer is saying right out loud is that this is going to be a new community. Well, if there is not room for two communities in one place. You can’t, community means unity. You can have different neighborhoods in one community but you cannot have a new community without negatively impacting conflicting with the existing community. The old community, which I kind of like it the way it is. I like our community. Someone wants to move into our community and build something, do some development that is consistent, I would support that. My first choice would be for looking at possible preservation of this property and farmed somehow. Maybe it could be a farm related use, like a centralized, municipally sponsored farmers market that would support farming all over town. Take some pressure off some farmstands. There is a lot of different ways that this property could be used. SUPERVISOR RUSSELL: And we are trying to pursue the best course of action to get there… MR. SCHWARTZ: You are not doing anything. SUPERVISOR RUSSELL: That is the problem, Benja. If I don’t do it your way, you suggest we are not doing anything. MR. SCWHARTZ: No, no. SUPERVISOR RUSSELL: Sure you are. To suggest, and I talked to you about this when we had informal discussions at the office and you just don’t listen to my approach because you don’t agree with it and I can understand that but to suggest that we are not doing anything…. MR. SCHWARTZ: Well, you are not doing any, there is no legislation and there is no executive, that I can see, there is no… SUPERVISOR RUSSELL: There is no…. MR. SCHWARTZ: …efforts being made. I have got the developer saying that the Town hasn’t contacted him in writing, I haven’t seen anything from the Town in writing that says that the Town has any interest or willingness to negotiate possible purchase of the entire property or the development rights from this property or a part of the development rights. I would like to see that in writing. SUPERVISOR RUSSELL: I have met with him directly and Mr. Cuddy, if he says we haven’t reached out to him on the issue of a partial preservation plan, I could tell you factually he is lying because I met with him and Mr. Cuddy directly in the conference room of my office. We just, May 6, 2008 Page 57 Minutes Southold Town Board Meeting through the Land Preservation Committee, reached out to both groups. The land owner and the contract vendee. Those are options we are exploring but rezoning, one week presumes that it is going to be developed, then you come and asked us to preserve it, then Roberta was here two weeks ago asking me to move all of town government to that site. MR. SCHWARTZ: No, no, no. Possibility for purchase of that property. One of the possibilities would be a municipal use for that property. SUPERVISOR RUSSELL: Like a highway yard? MR. SCHWARTZ: That is not necessarily something that is going to happen today or tomorrow but in five years or so when the lease on the bank, the Town Hall Annex expires, we don’t know what is going to happen there. We might need a place and that is available now, it will not be available once we build condo’s on there, it is, Cutchogue won’t be the same Cutchogue… SUPERVISOR RUSSELL: I know that. MR. SCHWARTZ: And you know, we will never get, be able to take those condo’s away. I think we should do everything we can before we do, what is happening right now, the application is pending before the Planning Board, well there might come up some environmental impacts that will be problematic. We are going to follow that but in my mind it is not just the sewage or just the traffic or just the taxes…. SUPERVISOR RUSSELL: It is everything. We, that is part of our global pos dec on it. You understand that… MR. SCHWARTZ: Is that whether you put Founders Village or 140, 125 luxury condo’s and 14 affordable condo’s on this property and allow them to develop their own private clubs, admitted to the people that live there. I mean, swimming pools are great. Why don’t they open that up to the community? Maybe they will, maybe that will be like Peconic Landing, where they found it is in their own interests to open up to the community but right now we have a draft environmental impact statement that says we are going to use the community resources but we are not going to provide any to the community. You know, this is based on an application under 25 year old zoning. I think, you know, there are planners, the lawyers, we have learned a lot since then. I would like to make you see that some of that knowledge being made use of by the Town Board. I don’t see it. Thank you. SUPERVISOR RUSSELL: Thank you. Would anyone else like to come up and address the Town Board? Linda Scholl, Mattituck SUPERVISOR RUSSELL: Thank you. Would anyone else like to come up and address the Town Board? LINDA SCHOLL: My name is Linda Scholl and I live in Mattituck. ‘Dear Supervisor Russell and the Town Board, I would like to bring to your attention the use or misuse of dumpsters for May 6, 2008 Page 58 Minutes Southold Town Board Meeting residential garbage in the Town of Southold. The presence of a dumpster on the neighboring property is a quality of life issue for me and my family. Especially sits with garbage in it for 35 and 39 days. This particular dumpster sat for 35 days, August 23, 2007 through September 27, 2007 in very hot weather and 39 days January 7, 2008 through February 15, 2008. most of the time the lid on the dumpster is not closed and garbage has been scattered about (due to animals getting into the dumpster) onto neighboring property and into the road or adjoining water. Usually the dumpster is full and garbage is thrown into it on a Friday, then it sits full of garbage and is open the whole weekend until it is emptied (hopefully) on Monday or Tuesday. In July 2007 I was in my backyard watering shrubs and hanging out wash and the wind was from the north. As I was standing outside, I could smell this horrible stench and then realized when I looked up, it was coming from the dumpster because I was downwind and the dumpster was once again full up. At the present time, our town code does not have any specifics for the use of dumpsters containing residential garbage. There is nothing to address when a dumpster should be emptied when it is full. I only hope in the future our town code can incorporate language that would address these problems. The Village of Greenport has code for dumpsters and perhaps the Town of Southold could adopt some other language and guidelines. Thank you for your time and efforts. Sincerely, Linda B. Scholl’ I just want to point out that I don’t think that dumpsters will ever go away because there is definitely the convenience. People don’t have to buy the yellow bags, they don’t have to separate the garbage and they don’t have to go to the dump. Luckily, I have a husband that loves to go to the dump, so he loves to make that trip once a week at least. But I want to highlight that this problem, if you look at the book and look at my log of this dumpster, there is a picture in this book that goes back to 2000, there is another picture dated 2003 and what really finally got me irked was if you look, there is a picture dated 3/31/2007 and the garbage is overflowing out of the dumpster. There is garbage on the ground and I started getting garbage in my backyard. Though I have gotten garbage previous to that. My husband had just spent the time outside cleaning the yard and the next day I look out and there is garbage in the backyard. So, I finally decided to start keeping a log so that I could have some sort of proof and that is what that is about and I have pointed out the days when the dumpster has been full and sat 35 and 39 and 31 days, full of garbage and if you got, up where you are is the dumpster and my property line is right there so it is pretty close and you know, right now there is nothing to say where a dumpster should go, when it should be emptied, whatever. So I don’t want to belabor the issue, I just want to know and I have called the Supervisor and he has helped me out. I just want to know where we can go in the future because I really don’t want to keep documenting and I really don’t want to keep taking pictures. I would just like things to be done. I mean, we talk about all this land preservation and keeping things nice and you never know when someone might get a dumpster next door to you. What things might happen. SUPERVISOR RUSSELL: I go out every time you call. I talked to the contractor, the owner of the dumpster, who says they have a contract to empty it regularly, so it shouldn’t sit there for any length of time because it is on a cycle. They pay $65 a month to have it emptied once a week. They create more garbage, obviously, then that dumpster will hold but every time I go out there it looks like they are making an effort to close it as best they can. Also, when I was out there, you have a dumpster if I am not mistaken. MS. SCHOLL: My dumpster contains commercial cardboard, leaves. I don’t like it but it is my May 6, 2008 Page 59 Minutes Southold Town Board Meeting husband’s choice. SUPERVISOR RUSSELL: Okay, but it is within, they pointed out to me it is within 10 feet of their actual home. MS. SCHOLL: Yeah. well, we don’t put…. SUPERVISOR RUSSELL: The household. Okay. MS. SCHOLL: …any household. We only do, and that is why I brought up residential. And if they are saying they are emptying it once a week, they are lying about that because it is not emptied once a week because I called the garbage company. They offer a tier, they offer weekly at 120 some dollars and some cents. They offer an every other week which is like a $60 and once a month which is $50 and the cheapest. So I don’t know. I mean, I can’t see the Town ever saying no, we are not going to have dumpsters because obviously there are people that love them. Maybe it is up to the Town to say it to the carting company, get rid of the monthly fee or the carting company would have to restructure their fee. I don’t know. But… SUPERVISOR RUSSELL: I think it would be reasonable for the Town to legislate a requirement for pickup regularly. At least weekly. MS. SCHOLL: Yeah. I mean, that is a good idea. COUNCILMAN ORLANDO: A domestic one. MS. SCHOLL: Yeah, I mean residential. SUPERVISOR RUSSELL: I think we should also discuss the issue of screening, not just in the residential sector but also in the commercial where I get a lot of complaints from. Where the commercial dumpsters are out in the open. MS. SCHOLL: Any photos where the garbage is hanging over, that is not supposed to happen. SUPERVISOR RUSSELL: Right. MS. SCHOLL: You know. I don’t know how you would enforce it, whether you would call Mr. Forrester but usually probably by then you know… SUPERVISOR RUSSELL: What we do now because of lack of a code or lack of a law, we go out, I talk to that owner or Ed goes out and talks and then they do something to comply. But it is the same old thing, you are doing this, we go out, you stop it. You do it again, we go out. We are not winning, you are not winning and I understand your concern. MS. SCHOLL: Right. Well, the last photos, the garbage sat. Friday the dumpster was open, Saturday the dumpster was open. Then there were blocks put on the dumpsters but you know May 6, 2008 Page 60 Minutes Southold Town Board Meeting what? The dumpster is pretty full if you have to put the blocks on it and there is garbage on the ground and then it sat Monday and then it sat Tuesday and then finally Wednesday it was emptied. So. SUPERVISOR RUSSELL: Okay. MS. SCHOLL: Okay. I don’t want to belabor the issue. SUPERVISOR RUSSELL: No, I appreciate you bringing it to out attention. MS. SCHOLL: When you are through with the book or if you want to keep it, if you want to keep it… SUPERVISOR RUSSELL: The log is good for me. I have a lot of photo’s that you had sent to me. I have all of them, so but I appreciate the log also. Okay, nobody else to speak to the Town Board? Let’s adjourn the meeting. Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 6:22 P.M. * * * * * Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell PUBLIC INFORMATION MEETING 1. Accept DGEIS & Set PH for TDR History: 05/06/08 Town Board ADJOURNED Next: 05/27/08 RESULT: ADJOURNED [UNANIMOUS] Next: 5/27/2008 7:30 PM MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell